IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY UNCLASSIFIED/ PASS TO ALL OFFICE CODES: FM CNO WASHINGTON DC//N09// SUBJ/IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY:
UNCLASSIFIED// ATTENTION INVITED TO ROUTINE R 280139Z JUN 12 PSN 005665K22 FM CNO WASHINGTON DC TO NAVADMIN ZEN//OU=DOD/OU=NAVY/OU=ADDRESS LISTS(UC)/CN=AL NAVADMIN(UC) INFO ZEN/CNO WASHINGTON DC BT UNCLAS QQQQ SUBJ: IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY UNCLASSIFIED/ PASS TO ALL OFFICE CODES: FM CNO WASHINGTON DC//N09// TO NAVADMIN INFO CNO WASHINGTON DC//N09// NAVADMIN 195/12 UNCLAS//N05800// MSGID/GENADMIN/CNO WASHINGTON DC/N09/JUN// SUBJ/IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY// REF/A/LTR/SECDEF/20APR12// REF/B/DOC/OPNAVINST F3100.6J// NARR/REF A SETS FORTH DOD POLICY ON THE USE OF AN INITIAL DISPOSITION AUTHORITY IN CASES INVOLVING ALLEGATIONS OF SEXUAL ASSAULT. REF B IS THE SPECIAL INCIDENT REPORTING PROCEDURES.// POC/NELL EVANS/LCDR/-/TEL: (202)685- 7429/E-MAIL: nell.evans@navy.m IL// POC/MANDY GARDNER/LT/-/TEL: (202) 685- 7056/E-MAIL: mandy.gardner@navy.mil// RMKS/1. THIS NAVADMIN PROVIDES GUIDANCE ON THE NEW SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY (SA-IDA) POLICY AND MANDATORY TRAINING. 2. PER REF A, EFFECTIVE 28 JUNE 2012, AUTHORITY TO DISPOSE OF CERTAIN SEXUAL ASSAULT (SA) CASES WILL BE WITHHELD AT THE O6 SPECIAL COURT-MARTIAL CONVENING AUTHORITY (SPCMCA) LEVEL. THIS OFFICER WILL BE KNOWN AS THE SA-IDA. CASES INVOLVING ALLEGATIONS OF RAPE AND SEXUAL ASSAULT UNDER ARTICLE 120, UCMJ, FORCIBLE SODOMY UNDER ARTICLE 125, UCMJ, AND ATTEMPTS TO COMMIT THOSE OFFENSES UNDER ARTICLE 80, UCMJ, WILL BE FORWARDED TO THE SA-IDA FOR ACTION. ADDITIONALLY, THIS APPLIES TO OTHER ALLEGED OFFENSES ARISING FROM OR RELATING TO THE SAME INCIDENT(S) WHETHER COMMITTED BY THE ALLEGED PERPETRATOR OR THE ALLEGED VICTIM OF THE RAPE, SEXUAL ASSAULT, FORCIBLE SODOMY, OR ATTEMPTS THEREOF. INITIAL DISPOSITION AUTHORITY FOR OFFENSES ALLEGEDLY COMMITTED BY ALLEGED VICTIMS IS ALSO WITHHELD TO THE O6 SPCMCA LEVEL WITHIN THE ALLEGED VICTIM'S CHAIN OF COMMAND. 3. AS DESCRIBED IN REF A, THE SA-IDA HAS THE NON-DELEGABLE RESPONSIBILITY FOR INITIAL DISPOSITION AS DEFINED IN RULE FOR COURT- MARTIAL 306: A. PRIOR TO MAKING THE INITIAL DISPOSITION DETERMINATION, THE SA-IDA MUST CONSULT WITH A STAFF JUDGE ADVOCATE AND, WHEN PRACTICABLE, NCIS. B. DOCUMENT THE IDA DECISION. C. ONCE THE INITIAL DISPOSITION DECISION IS MADE AND DOCUMENTED THE IDA MAY TAKE ANY ACTION AS SET FORTH IN RULE FOR COURT-MARTIAL 306(C). 4. ALL COMMANDERS WILL BECOME FAMILIAR WITH THE CHANGES TO ARTICLE 120 AND THE SA-IDA WITHHOLDING GUIDANCE AND ITS IMPACT ON THEIR HANDLING OF SA ALLEGATIONS IN THEIR RESPECTIVE COMMANDS. TO HELP ACCOMPLISH THIS, THE OFFICE OF THE JUDGE ADVOCATE GENERAL, IN COOPERATION WITH OPNAV N135, WILL PROVIDE TRAINING AT VARIOUS LOCATIONS THROUGHOUT THE FLEET. ALL COMMANDING OFFICERS, STAFF JUDGE ADVOCATES, VICTIM ADVOCATES, AND SEXUAL ASSAULT RESPONSE COORDINATORS ARE REQUIRED TO ATTEND A SESSION OF THIS TRAINING. THE DETAILS OF THIS TRAINING WILL BE PROMULGATED SEPCOR. 5. PER REF B, ANY COMMANDER EVALUATING A SEXUAL ASSAULT ALLEGATION OF ANY KIND MUST CONSULT WITH A STAFF JUDGE ADVOCATE PRIOR TO DISPOSING OF THE CASE. CONTACT YOUR LOCAL REGION LEGAL SERVICE OFFICE FOR FURTHER INFORMATION AND GUIDANCE. 6. VICE CHIEF SENDS.// BT #4555 NNNN UNCLASSIFIED//