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SHARP Guidebook

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SHARP

Guidebook

www.PreventSexualAssault.army.mil
DoD Safe Helpline: 1-877-995-5247

Loyalty Duty Respect Selfless Service Honor Integrity Personal Courage


Purpose
The Sexual Harassment/Assault Response and Prevention
(SHARP) guidebook is a company-level reference tool for
company commanders and Soldiers, Department of the
Army (DA) Civilians, and Family members to use in sexual
harassment and sexual assault prevention and response
efforts. This guidebook consolidates current Army and
DoD policy and recently published directives pertaining
to the SHARP program. It does not supersede, rescind, or
amend any published policy of the Department. Roles,
responsibilities, and process steps are laid out to assist in
handling sexual harassment complaints and sexual assault
reports. Quick reference sheets are also provided for
portability and ease of use.

This guidebook is intended solely to provide personnel with an overview of


the SHARP program and applicable procedures. It should not be construed or
referenced as an authoritative source for SHARP regulations or policy. If the
contents of this guidebook conflict or contradict the contents of any published
document, the content of the published document is the controlling policy. The
Army’s policies and practices in this area are evolving and subject to change.
This guidebook will be updated periodically to reflect changes in Army policy.
Table of Contents

CHAPTER 1: SHARP PROGRAM OVERVIEW.................................... 1


Definitions............................................................................................................... 2
Army Policy.............................................................................................................. 3
Applicability............................................................................................................ 4

CHAPTER 2: PREVENTION................................................................ 5
Commanders.......................................................................................................... 5
SHARP Personnel.................................................................................................. 7
Soldiers and DA Civilians.................................................................................... 8

CHAPTER 3: SEXUAL HARASSMENT............................................... 9


Definition................................................................................................................. 9
Examples................................................................................................................ 10
Options for Dealing with Sexual Harassment.......................................... 11
Reporting: Roles & Responsibilities............................................................. 11
Complaint Process.............................................................................................. 14
Informal Complaint....................................................................................... 14
Formal Complaint.......................................................................................... 16
Exceptions to the Complaint Process....................................................23

CHAPTER 4: SEXUAL ASSAULT....................................................... 27


Definition...............................................................................................................27
Examples................................................................................................................28
Applicability..........................................................................................................28
Response: Roles & Responsibilities..............................................................29
Summary of Reporting Options....................................................................35
Reporting Process...............................................................................................37

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Unrestricted Reporting Process...............................................................37
Restricted Reporting Process....................................................................46
Exceptions to the Reporting Processes................................................ 51

CHAPTER 5: FORMS, RESOURCES, AND QUICK REFERENCES... 53


Forms.......................................................................................................................53
Resources...............................................................................................................54
Commander’s Checklist: Formal Sexual Harassment Complaint.....55
Victim’s Commander Checklist: Sexual Assault......................................57
Alleged Offender’s Commander Checklist: Sexual Assault................59
Complainant Checklist: Informal Sexual Harassment Complaint.... 61
Complainant Checklist: Formal Sexual Harassment Complaint.......63
Victim Checklist: Sexual Assault....................................................................65
Third Party/Witness Checklist: Sexual Assault.........................................67
Sexual Harassment Complaint Process Flow Chart...............................70
Sexual Assault Reporting Process Abbreviated Flow Chart...............72

CHAPTER 6: REFERENCES............................................................... 75

CHAPTER 7: GLOSSARY................................................................... 77
Acronyms and Abbreviations.........................................................................77
Terms.......................................................................................................................79
Chapter 1

SHARP Overview
SHARP PROGRAM OVERVIEW

“You can succeed from this day forward in


virtually every aspect of your military career, but
if you fail at this, and that is leading on the issue
of sexual assault, you’ve failed the Army.”
– JOHN M. MCHUGH
Secretary of the Army

The Army’s Sexual Harassment/Assault Response and Prevention


(SHARP) program exists so that the Army can prevent incidents
of sexual harassment and sexual assault before they occur. The
SHARP program’s mission is to promote an Army culture and
command climate that ensures adherence to the Army Values
and ensures that every Army team member will be treated with
dignity and respect at all times and in all circumstances. Every
Soldier, DA Civilian, and Family member serves and supports the
Army and the Nation; they deserve no less.
Sexual harassment complaints and Prevention of Sexual
Harassment (POSH) training for military members were formerly
managed by the Equal Opportunity Office. The Sexual Assault
Prevention and Response (SAPR) program was managed
separately by the Army G-1. Sexual harassment and sexual
assault have often been found to be interrelated and to exist
along a continuum of sexual violence in which acts of sexual
harassment, if unchecked, may lead to acts of sexual assault.

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SHARP Program Overview

Because of this link between sexual harassment and sexual


assault, the POSH and the SAPR programs were integrated under
the Army G-1 to form the SHARP program. The SHARP program
provides unity of effort for sexual harassment and sexual assault
prevention efforts across the Army.
Intervene, Act, and Motivate (I. A.M.) STRONG is the Army’s
campaign to combat sexual assaults by engaging all Soldiers
in preventing sexual assaults before they occur. In support of
cultural change, Soldiers engage in peer-to-peer communication
and active intervention in order to create a climate that does not
tolerate attitudes and behaviors that facilitate sexual assault or
sexual harassment.

DEFINITIONS
Sexual Harassment is a form of sex discrimination that involves
unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when—
• Submission to such conduct is made either
explicitly or implicitly a term or condition
of a person’s job, pay, or career, or
• Submission to, or rejection of, such conduct
by a person is used as a basis for career or
employment decisions affecting that person, or
• Such conduct has the purpose or effect of
unreasonably interfering with an individual’s
work performance or creates an intimidating,
hostile, or offensive working environment. (DoDD
1350.2, Glossary; AR 600-20, para 7-4a.)
Any person in a supervisory or command position who
condones any form of sexual behavior to control, influence, or
affect the career, pay, or job of a Military member or civilian
employee is engaging in sexual harassment. Similarly, any
Military member or civilian employee who makes deliberate or
repeated unwelcome verbal comments, gestures, or physical
contact of a sexual nature in the workplace is also engaging in
sexual harassment.
Note: “Workplace” is an expansive term for Soldiers and may include
conduct on or off duty, 24 hours a day. (DoDD 1350.2; AR 600-20,
para 7-4a.)

Sexual Assault is intentional sexual contact characterized by


the use of force, threats, intimidation, or abuse of authority or
when the victim does not or cannot consent. The term includes
a broad category of sexual offenses consisting of the following
specific UCMJ offenses: rape, sexual assault, aggravated
sexual contact, abusive sexual contact, forcible sodomy
(forced oral or anal sex), or attempts to commit these offenses.
(DoDD 6495.01, Glossary)

ARMY POLICY
Acts of sexual harassment are unacceptable and will not be
tolerated. Sexual assault is a criminal offense that has no place
in the Army. It degrades mission readiness by devastating the
Army’s ability to work effectively as a team. Army leadership
at all levels will be committed to creating and sustaining an
environment conducive to maximum productivity and respect
for human dignity. (AR 600-20, Chapters 7 and 8)

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SHARP Program Overview

APPLICABILITY
Unless specifically stated otherwise in the text, all program
procedures and process steps outlined in this guidebook apply
to active duty Soldiers, including those who were victims
of sexual assault prior to enlistment or commissioning, and
Army National Guard (NG) and Army Reserve Component (RC)
Soldiers who are sexually harassed or sexually assaulted when
performing active service and inactive duty training. SHARP
program policy also applies to military dependents 18 years
of age and older who are eligible for treatment in the military
healthcare system, at installations in the continental United
States (CONUS), and outside of the continental United States
(OCONUS), and who were victims of sexual assault perpetrated
by someone other than a spouse or intimate partner. Exceptions
to any procedures and process steps will be outlined at the end
of the section. (DoDI 6495.02, para 2)
Chapter 2
PREVENTION

Every Soldier has a duty to intervene to prevent sexual


harassment and sexual assault. The vision of the I. A.M. Strong
campaign is to eliminate sexual harassment and sexual assault by

Prevention
creating a culture where Soldiers believe that failure to prevent
sexual harassment and sexual assault is incompatible with Army
Values and Warrior Ethos. This culture change is possible when
leaders actively engage with their subordinates to ensure that
everyone is aware of their role in protecting themselves and
their fellow Soldiers from instances of sexual harassment and
sexual assault and the attitudes and behaviors that may lead to
such incidents.
Prevention: Roles & Responsibilities

»» Commanders
»» SHARP Personnel
»» Soldiers and DA Civilians

COMMANDERS
Commanders are the center of gravity for execution of the SHARP
program and the I. A.M. Strong campaign. Commanders are
responsible for the climate in their organizations. The following
commander actions are required in order to promote a climate
of dignity and respect:
• Ensure that all assigned personnel are familiar with the

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Prevention

Army policy on sexual harassment and sexual assault.


• Publish and post written command policy statements for
the prevention of sexual harassment and sexual assault.
• Continually assess and be aware of the climate of command
regarding sexual harassment and sexual assault.
• Take prompt, decisive action to investigate
all complaints of sexual harassment.
• Ensure all reports and incidents of sexual assault are
reported to CID; ensure that victims of sexual assault
receive sensitive care and support and are not re-
victimized as a result of reporting the incident.
• Publish contact information of Sexual Assault Response
Coordinators (SARCs) and Victim Advocates (VAs) and
provide take-away information such as telephone
numbers for unit and installation points of contact,
booklets, and information on available victim services.
• Ensure SHARP training is conducted in accordance
with the most current Army policy.
• Appoint same-gender sponsors for first-term Soldiers.
• Include emphasis on sexual assault risks, prevention,
and response at all holiday safety briefings.
• Ensure that Soldiers convicted of sexual
assault in foreign, civilian, or military courts are
processed for administrative separation.
• Continually assess the command climate
through various methods (for example, focus
groups, surveys, talking with Soldiers).

(AR 600-20, Chapters 7 and 8)


SHARP PERSONNEL
SARCs and VAs are vital to each commander’s success in
preventing sexual harassment and sexual assault. SARCs and
VAs should provide a well-coordinated, highly responsive
sexual assault Victim Advocacy program that is available 24
hours per day/7 days per week both in garrison and deployed
environments. The following SARC and VA actions (list not
exhaustive) assist in promoting a climate of dignity and respect:
SARC:
• Ensure overall management of sexual assault
prevention, training, and victim advocacy.
• Ensure victims of sexual assault receive guidance
and emotional support during administrative,
medical, investigative, and legal procedures, and
that victims understand the processes involved.
• Assign a VA to assist victim immediately upon notification
of an incident of sexual harassment or sexual assault

VA:
• Establish contact with each victim who alleges
that an act of sexual assault occurred, if the
victim is receptive to such contact.
• When assigned by the SARC, provide crisis intervention,
referral, and ongoing non-clinical support to the sexual
assault victim. In the case of multiple victims, each victim
should have a VA (IVA or UVA). The victim alone will decide
whether to accept the offer of victim advocacy services.
• Inform victims of the options to use service
providers (for example, medical, legal, and
chaplain) and resources available to victims.

(AR 600-20, Chapters 7 and 8)

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Prevention

SOLDIERS AND DA CIVILIANS


Every Soldier and DA civilian is responsible for the prevention
of sexual harassment. Peers, subordinates, and supervisors
must never tolerate, condone, or ignore sexual harassment or
sexual assault. Every Soldier must have the personal courage
to Intervene, Act, and Motivate others to take action when
needed. Every Soldier who is aware of a sexual assault should
immediately (within 24 hours) report incidents. (AR 600-20, para
7-3b.and para 8-2a.)
Chapter 3
SEXUAL HARASSMENT

This chapter depicts an abbreviated version of the sexual harassment


complainant process which emphasizes actions taken or directly
impacting commanders and Soldiers at the company-level.

DEFINITION
Sexual Harassment is a form of sex discrimination that involves
unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when—

Sexual Harassment
• Submission to such conduct is made either
explicitly or implicitly a term or condition
of a person’s job, pay, or career, or
• Submission to, or rejection of, such conduct by a
person is used as a basis for career or employment
decisions affecting that person, or
• Such conduct has the purpose or effect of
unreasonably interfering with an individual’s
work performance or creates an intimidating,
hostile, or offensive working environment. (DoDD
1350.2, Glossary; AR 600-20, para 7-4a.)

Any person in a supervisory or command position who condones


any form of sexual behavior to control, influence, or affect the
career, pay, or job of a Military member or civilian employee is
engaging in sexual harassment. Similarly, any Military member or
civilian employee who makes deliberate or repeated unwelcome
verbal comments, gestures, or physical contact of a sexual nature
in the workplace is also engaging in sexual harassment.

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Sexual Harassment

Note: “Workplace” is an expansive term for Soldiers and may include


conduct on or off duty, 24 hours a day. (DoDD 1350.2; AR 600-20,
para 7-4a.)

EXAMPLES
Verbal
• Making sexual jokes, gestures, remarks, or innuendos.
• Making comments about an individual’s
appearance, body, clothing, or sexual behavior.
• Spreading sexual rumors about an individual.
• Persistent, unwanted requests for
social (dates) or sexual activity.
• Participating in sexually charged conversations.

Nonverbal
• Making and/or posting inappropriate sexual
remarks to, or photos of, an individual via
social media sites, text message, or email.
• Displaying pornographic material or
sexual photos in the workplace.
• Making a sexually offensive expression.
• Conduct of a sexual nature intended to
embarrass, intimidate, demean or degrade.

Physical Contact
• Unwanted touching.
• Intimidation (blocking or cornering
someone in a sexual way).
OPTIONS FOR DEALING WITH SEXUAL
HARASSMENT—SOLDIERS
• Direct Approach: Confront the harasser and tell him
or her that the behavior is inappropriate, violates
Army values, is not welcomed, and must stop.
• Indirect Approach: Send a letter to the harasser
stating the facts, personal feelings about the
inappropriate behavior, and expected resolution.
• Third Party: Request assistance from another person.
Ask someone to talk to the harasser, accompany
the victim, or intervene to resolve the conflict.
• Chain of Command: Report the behavior to an
immediate supervisor or others in the chain of command
and ask for assistance in resolving the situation.
• File an Informal or Formal Complaint:
Complaint filing procedures are outlined in
this chapter and Appendix D, AR 600-20.

(AR 600-20, para 7-7)

REPORTING: ROLES & RESPONSIBILITIES—SOLDIERS

»» Complainant »» Commander
»» Equal Opportunity »» Investigating Officer
Advisor (EOA)*/ »» Alternative
Equal Opportunity Organizations
Representative (EOR)*

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

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Sexual Harassment

Complainant. Complainants have the option to file an informal


or formal complaint of sexual harassment and can submit
the complaint to a member of the chain of command or to an
alternative agency. (AR 600-20, para D-1.a(2))
EORs/EOAs*. EOAs* are the commanders’ representatives who
are tasked to understand and articulate DoD and Army policies
concerning equal opportunity. EOAs* are trained to recognize
sexual harassment in both overt and subtle forms. EOAs* also
recommend appropriate remedies to eliminate and prevent
sexual harassment. EOAs* continuously assess the command
climate through formal surveys, interviews, facilitated small
group discussions, and accessibility to the unit. EOAs* and
unit EORs* assist commanders in resolving sexual harassment
complaints. EOAs* also conduct follow-up assessments of all
formal sexual harassment complaints. (AR 600-20, para 6-3k.)
Commander. The commander is responsible for promoting a
climate of dignity and respect for all personnel by investigating
and rectifying sexual harassment complaints brought to his or
her attention. The commander is also responsible for establishing
and implementing a plan to protect the complainant, any
named witnesses, and the subject of the investigation from acts
of reprisal. Commanders may conduct inquiries personally or
appoint investigating officers. The commander of any Soldier
under investigation must flag that Soldier upon notification that
the Soldier is under investigation. (AR 600-20, para D-4; AR 600-
8-2, para 2-2)
Investigating Officer. The investigating officer is responsible
for investigating formal sexual harassment complaints. The
investigating officer determines to the maximum extent possible
what actually occurred, assesses the validity of allegations made
by the complainant, advises the commander of any leadership
or management concerns that might contribute to perceptions
of sexual harassment, and recommends appropriate corrective
actions. Prior to initiating the investigation, the investigating
officer must coordinate with the staff judge advocate’s (SJA)
office and EOA*. (AR 600- 20, para D-6)
Alternative Organizations. Although EOAs* are specifically
trained to handle sexual harassment cases, complainants may
contact a member of their unit chain of command or any of the
organizations listed below for additional assistance.
• Chaplain: Serves as an advisor to the command
on all religious matters and provides guidance on
religious practices, family and marital counseling,
and other secular or non-secular services.
• Provost Marshal (PM)/Director of Emergency Services (DES):
Responsible for receiving and investigating violations of
the Uniform Code of Military Justice (UCMJ) which are
criminal in nature. PM/DES will promptly refer all crimes
or incidents falling within U.S. Army Criminal Investigation
Command (USACIDC) investigative responsibility to
the appropriate USACIDC element for investigation.
• OSJA: Responsible to the commander on all legal matters.
The OSJA serves as an advisor in litigating criminal
charges and prosecuting Soldiers for criminal offenses
and may receive complaints about sexual harassment.
• Inspector General (IG): Responsible for monitoring and
inspecting command functions that are essential to
mission effectiveness and combat readiness. The IG’s office

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

13 Version 1.1, OCT 13


Sexual Harassment

is the principal organization for receiving and investigating


complaints about command environment and leadership.
• Medical Agency Personnel: Responsible for assisting
or otherwise supporting healthcare providers in
providing healthcare services. Medical agency
personnel also include all healthcare providers.

(AR 600-20, para D-1.a(2))

COMPLAINT PROCESS—SOLDIERS
This section will describe the steps for processing informal and
formal sexual harassment complaints. The steps provide an
overview of the process. Use the references provided throughout
the section to obtain a more detailed description of appropriate
actions and processes.
For RC Soldiers—complaint procedures are the same if filed
during an active duty tour. For National Guard Soldiers —
complaint procedures are the same if filed during an active duty
tour of 30 or more days. (AR 600-20, para D-13 and D-14)

Informal Complaint—Soldiers
An informal complaint is any complaint that an individual does
not wish to file in writing. Informal complaints may be resolved
directly by the complainant or with the help of another unit
member, the company commander, or another individual in
the complainant’s chain of command. Typically, those issues
that can be taken care of informally can be resolved through
discussion, problem identification, and clarification of the issues.
An informal complaint is not subject to a time suspense. (AR 600-
20, para D-1a.(1))
»» Step 1. Individual submits an informal complaint
»» Step 2. Agency official receives the complaint
»» Step 3. Agency official explains the complaint process
»» Step 4. Agency official attempts to assure resolution

Step 1: Individuals who do not feel comfortable filing a


complaint with their chain of command may contact an EOA* or
representative from any of the organizations below:
• Someone in a higher echelon of the
complainant’s chain of command
• Chaplain
• Provost Marshal (PM)
• SJA
• IG
• Medical agency personnel

(AR 600-20, para D-1.a(2))


Step 2: The agency official who receives the complaint will advise
the complainant of his or her rights and responsibilities. The
official will then listen to the complainant and find out as much
information as possible concerning the complaint, including
(if applicable) why the individual is using the alternative
organization as opposed to his or her chain of command. Agency
officials (with the exception of chaplains and lawyers) may not
guarantee confidentiality. (AR 600-20, para D-1.a(3) and (4))

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

15 Version 1.1, OCT 13


Sexual Harassment

Step 3: The agency official will explain to the complainant


what role the organization has, for example, direct action on
behalf of the complainant, information gathering, or referral
to another organization or to the commander for his or her
action. The agency official will also explain what support
services are available from other organizations that may help
resolve the issues. The agency official will explain the complaint
system—principally, the differences between informal and
formal complaints, and what will be done with the individual’s
complaint. (AR 600-20, para D-1.a(4))
Step 4: The agency official will attempt to assure resolution of
the issue (through mediation, intervention, counseling, training,
etc.). (AR 600-20, App D-1.a(4))

Formal Complaint—Soldiers
A formal complaint is one that a complainant files in writing and
swears to the accuracy of the information. Formal complaints
require specific actions, are subject to timelines, and require
documentation of the actions taken. The decision to file a
formal complaint rests solely with the complainant; however,
the complainant must file a formal complaint within 60 calendar
days of the alleged incident. (AR 600-20, para D-1.b(1) and (5))

»» Step 1. Individual submits a formal complaint


»» Step 2. Agency official receives complainant
»» Step 3. Agency official explains the complaint process
»» Step 4. Complainant and agency
official complete DA Form 7279
»» Step 5. Agency official refers complainant
to appropriate organization (if needed)
»» Step 6. Commander is notified of formal complaint
»» Step 7. Commander initiates investigation
»» Step 8. Commander takes steps
to protect complainant
»» Step 9. Commander makes a decision
based on investigative findings
»» Step 10. Individual submits appeal
»» Step 11. EOA* conducts follow up

Step 1: While the processing of sexual harassment complaints


through the unit chain of command is strongly encouraged,
it is not the only channel available to individuals to resolve
complaints. Individuals who do not feel comfortable filing
a complaint with their chain of command may contact a
representative from any of the organizations below:
• Someone in a higher echelon of the
complainant’s chain of command
• Chaplain
• Provost Marshal (PM)
• SJA
• IG
• Medical agency personnel
(AR 600-20, para D-1.a(2))

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

17 Version 1.1, OCT 13


Sexual Harassment

Step 2: The agency official who receives the complaint will advise
the complainant of his or her rights and responsibilities. The
official will then listen to the complainant and find out as much
information as possible concerning the complaint, including
(if applicable) why the individual is using the alternative
organization as opposed to his or her chain of command. Agency
officials (with the exception of chaplains and lawyers) may not
guarantee confidentiality. (AR 600-20, para D-1a.(3) and (4))
Step 3: The agency official will explain to the complainant
what role the organization has, for example, direct action on
behalf of the complainant, information gathering, or referral
to another organization or to the commander for his or her
action. The agency official will also explain what support
services are available from other organizations that may help
resolve the issues. The agency official will explain the complaint
system, principally, the differences between informal and
formal complaints, and what will be done with the individual’s
complaint. (AR 600-20, para D-1a.(4))
Step 4: The complainant and the agency official will complete
Part I of DA Form 7279, Equal Opportunity Complaint Form. This
is a mandatory form to be completed by all organizations who
receive a formal sexual harassment complaint. This form will
document the formal complaint process from the initial report,
through the investigation, to resolution, and appeals process (if
applicable). (AR 600-20, para D-1.b(3) and (4))
Step 5: Upon review of the initial details of the case, agency
officials may refer the complainant to another agency or to the
commander (if the agency official is not the commander) for
his or her action. Agency officials have 3 calendar days [at the
next Multiple Unit Training Assembly (MUTA) 4 or other regularly
scheduled training for Army Reserve troop program unit (TPU)
Soldiers] to refer the complaint to the appropriate commander
or organization. (AR 600-20, para D-2.)
Step 6: Upon receipt of a complaint, the commander is required
to identify and rectify the issue. Additionally, the General Court-
Martial Convening Authority (GCMCA), usually the first General
Officer in the chain of command, must be notified within 3
calendar days. (AR 600-20, para D-4.a.)
Step 7: The commander may conduct an inquiry personally or
immediately appoint an investigating officer according to the
provisions of AR 15-6. The commander of any Soldier under
investigation must flag that Soldier upon notification that the
Soldier is under investigation in accordance with AR 600-8-2,
para 2-2. The investigating officer will meet with the servicing
SJA or legal advisor about the conduct of the investigation.
The investigating officer will also meet with the EOA* prior to
conducting the investigation. The EOA* has specific actions
that must be accomplished and is responsible for assisting
the investigating officer in the development of questions to
be addressed to the complainant, alleged offender, and any
witnesses or third parties.
Additionally, the EOA* is responsible for providing a
memorandum to the appointing authority documenting his/her
review of the results of the investigation.
Commanders have 14 calendar days [or 3 MUTA 4 drill periods
for Army Reserve TPU Soldiers] to conduct an investigation or

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

19 Version 1.1, OCT 13


Sexual Harassment

inquiry and provide written feedback to the complainant. If, due


to extenuating circumstances, an inquiry or investigation cannot
be completed in 14 calendar days, an extension of a maximum
of 30 calendar days [or 2 MUTA 4 drill periods for Army Reserve
TPU Soldiers] may be approved by the next higher echelon
commander. Commanders must provide written feedback
to the complainant every 14 calendar days [by the end of the
third MUTA 4 period for RC] until resolution of the complaint.
Commanders must also provide a progress report to the GCMCA
21 days after the date the investigation or inquiry begins and
every 14 days thereafter until resolution of the complaint.
(AR 600-20, para D-4, D-5, and D-6.)
Step 8: The commander will establish and implement a plan
to protect the complainant, any named witnesses, and the
alleged offender from acts of reprisal. The plan will include,
at a minimum, specified meetings and discussions with the
complainant, alleged offender, named witnesses, selected
members of the chain of command, and coworkers. Content of
the discussions will also include:
• Definition of reprisal and the Army’s
policy prohibiting reprisal.
• Complainant’s rights and extent of whistleblower
protection afforded complainants, witnesses,
and the subject under DOD Directive 7050.6.
• Encouragement to all the aforementioned individuals
to report incidents and/or threats of reprisal.
• Procedures to report acts and/or threats of reprisal.
• Consequences of reprisal and possible
sanctions against violators.
• Reminder of the roles and responsibilities of
the leadership in the prevention of reprisal
and protection of all parties involved.
• Command’s commitment to a thorough, expeditious
and unbiased investigation. (AR 600-20, para D-4.c(1))

Reprisal
Reprisal: Taking or threatening to take an unfavorable
personnel action, withholding or threatening to withhold a
favorable personnel action, or any other act of retaliation,
against a military member for making or preparing a protected
communication is prohibited. (AR 600-20, Glossary)
Acts of reprisal or intimidation of any sort
will not be tolerated.

Step 9: The commander will submit the completed report of


investigation to the SJA for a determination of legal sufficiency.
After the legal review is complete and after the commander
has determined that no additional investigation is required, the
commander will decide what action to take on the complaint. A
substantiated sexual harassment complaint is a complaint that,
after the completion of an inquiry or investigation, provides
evidence to indicate that the complainant was more likely than
not sexually harassed. Corrective action may be administrative
or punitive. An unsubstantiated complaint is one for which
the preponderance of evidence (that is, the greater weight of
evidence) does not support and verify that the alleged unlawful
discrimination or sexual harassment occurred. In this situation,

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

21 Version 1.1, OCT 13


Sexual Harassment

the commander should determine whether the allegations,


though unsubstantiated, might be indicative of problems
in the unit that require resolution through SHARP initiatives
or other leadership actions. Should the complaint be found
unsubstantiated, the commander will notify the complainant
in writing (DA Form 7279s, Part II) and, consistent with the
limitations of the Privacy Act and the Freedom of Information
Act (FOIA), provide the complainant with a copy of the results of
the investigation. (AR 600-20, para D-7)
Step 10: If the complainant perceives the investigation failed
to reveal all relevant facts to substantiate the allegations, or
that the actions taken by the command on his or her behalf
were insufficient to resolve the complaint, the complainant has
the right to appeal to the next higher commander in his or her
chain of command. An appeal must be submitted in writing,
no later than 7 calendar days [at the next MUTA 4 period for
RC] following notification of the result of the investigation and
acknowledgement of the actions of the command to resolve the
complaint. The complainant may not appeal the action taken
against the offender, if any is taken.
Once the appeal has been initiated, the commander has 3
calendar days [or 1 MUTA 4 period for RC] to refer the appeal to
the next higher commander. The next higher commander will
have 14 calendar days [or 3 MUTA 4 periods for RC] to review the
case and act on the appeal (that is, approve it, deny it, or conduct
an additional investigation). (AR 600-20, para D-8)
Step 11: The EOA* will conduct a follow-up assessment of all
formal sexual harassment complaints, both for substantiated
and unsubstantiated complaints, 30 to 45 calendar days [4 to
6 MUTA 4 periods for RC] following the final decision rendered
on the complaint. The purpose of the assessment is to measure
the effectiveness of the actions taken and to detect and deter
any acts or threats of reprisal. The EOA* will also assess the
complainant’s satisfaction with the procedures followed in the
complaint process to include timeliness, staff responsiveness
and helpfulness, and resolution of the complaint. The EOA* will
present findings and recommendations to the commander for
further consideration and/or action within 15 calendar days
[second MUTA 4 period for RC]. (AR 600-20, para D-10)
Soldiers who knowingly submit a false complaint (complaint
containing information or allegations that the complainant knew
to be false) may be punished under the UCMJ.
Exceptions to the Complaint Process

»» Exception 1. Suspected criminal activity


»» Exception 2. IG office process
»» Exception 3. Promotable COLs and higher / IG / SES
»» Exception 4. Reserve Component
»» Exception 5. National Guard
»» Exception 6. DA Civilians

Exception 1: If, during the course of an inquiry or investigation,


the receiving organization or commander identifies criminal
activity, the complaint will be immediately referred to the proper
organization (PM or CID) for investigation. (AR 600-20, para
D- 2.a.)
*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

23 Version 1.1, OCT 13


Sexual Harassment

Exception 2: Complaints filed with the IG will be processed


as Inspector General Action Requests (IGAR) in accordance
with AR 20–1. No timelines will be imposed on the conduct of
the investigation and/or on feedback to the complainant, and
DA Form 7279 will not be maintained. IG investigations are
confidential and protected from unauthorized disclosure. IG
investigations include consultations with individuals or activities
as deemed appropriate by the IG. Receipt of the complaint
will be acknowledged to the complainant and an estimated
completion date provided. If the action is not completed by that
date, the complainant will be notified and given a new estimated
completion date. (AR 600-20, para D-3)
Exception 3: If a complaint is filed against a promotable colonel,
an active or retired general officer, IG of any component,
members of the Senior Executive Service, or Executive Schedule
personnel, the allegation will be transferred directly to the
Investigations Division, U.S. Army Inspector General Agency,
ATTN: SAIG–IN, Pentagon, Washington, DC 20310–1700 by rapid
but confidential means within 5 calendar days of receipt. (AR
600-20, para D-2.c.)
Exception 4: If a complaint involving an RC Soldier is filed but
not resolved prior to the Soldier’s release from active duty,
the timelines described in this guidebook will be modified.
The commander will have 30 calendar days from the filing of
the complaint to notify the complainant of the results of the
investigation/actions taken to resolve the complaint.
The complainant and subject(s) of the complaint will have 30
calendar days from notification of the investigation results to
file an appeal. Appeals filed more than 30 calendar days after
notification must be accompanied by a written explanation of
the reasons for delay. The commander will consider appeals
based on their merits.
Notification of the commander’s final decision will be provided
to the complainant and subject(s) of the complaint with
information copies to the next higher headquarters and Army
Human Resources Command (AHRC) within 30 calendar days of
the receipt of the appeal. If a Soldier wishes to file a complaint
after his or her release from active duty, the complainant must
file a sworn complaint on DA Form 7279 (Part I through item 9)
to the AHRC EOA*. Upon the receipt of DA Form 7279, AHRC will
forward the complaint to the appropriate commander of the
subject(s) of the complainant’s AD unit for investigation. (AR
600-20, para D-13)
Exception 5: If a complaint involving an Army National Guard
(NG) Soldier is filed but not resolved during an active duty
tour, the commander with UCMJ or equivalent authority
over the subject will receive and complete the processing of
the complaint.
If a Soldier wishes to file a complaint after his or her release from
active duty, the Soldier may file a complaint with the State Equal
Employment Manager (SEEM) based on a sexual harassment
incident that occurred while the Soldier was on active duty.
The complaint must be filed within 180 calendar days of the
date of the alleged incident or of the time that the Soldier knew
or reasonably should have known of the incident. If both the
complainant and the subject are National Guard Soldiers, follow

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

25 Version 1.1, OCT 13


Sexual Harassment

NGR 600–22 to coordinate with the appropriate National Guard


agency representative for processing.
Commanders processing a complaint involving an ARNG Soldier
will send an information copy of the completed complaint to
NGB–EO–CR within 30 days. (AR 600-20, para D-14; NGR 600-22)
Exception 6: DA Civilians who encounter workplace harassment
should report the incident through appropriate channels. Every
leader must ensure that every reported incident is investigated
immediately and thoroughly, with corrective action taken as
appropriate. If desired, DA civilians may contact their servicing
Equal Employment Opportunity (EEO) office to file a complaint
within 45 days after they first became aware of the harassment.
AR 690-600, Equal Employment Opportunity Discrimination
Complaints, contains procedures for complaints filed with the
EEO office. (Memorandum, Secretary of the Army, 27 April 2011,
subject: Army Anti-Harassment Policy for the Workplace)
Chapter 4
SEXUAL ASSAULT—SOLDIERS

This chapter depicts an abbreviated version of the sexual assault


reporting process which emphasizes actions taken or directly impacting
commanders and Soldiers at the company level.

DEFINITION
Sexual Assault is a crime defined as intentional sexual contact
characterized by use of force, threats, intimidation, or abuse of
authority or when the victim does not or cannot consent. The
term includes a broad category of sexual offenses consisting
of the following specific UCMJ offenses: rape, sexual assault,
aggravated sexual contact, abusive sexual contact, forcible
sodomy (forced oral or anal sex), or attempts to commit
these acts.
Consent is words or overt acts indicating a freely given
agreement to the sexual conduct at issue by a competent
person. An expression of lack of consent through words or Sexual Assault
conduct means there is no consent. Lack of verbal or physical
resistance or submission resulting from the accused’s use of
force, threat of force, or placing another person in fear does not
constitute consent. A current or previous dating relationship or
the manner of dress of the person involved with the accused in
the sexual conduct at issue shall not constitute consent. There
is no consent where the person is sleeping or incapacitated,
such as due to age, alcohol or drugs, or mental incapacity.
(DoDD 6495.01, Glossary; AR 600-20, para 8-4.)

27 Version 1.1, OCT 13


Sexual Assault—Soldiers

EXAMPLES
• Rape and nonconsensual sodomy.
• Performing sexual acts or sexual contact with an individual
who cannot give consent because he or she is sleeping/
passed out or otherwise too impaired to consent due to
alcohol or drugs and the condition is known or reasonably
should have been known by the alleged offender.
• Using physical threats or force in order to engage
in sexual contact with an individual.
• Performing sexual acts or sexual contact with an
individual who has expressed lack of consent through
words (e.g. said “no” or “stop”) or through conduct.
• Sexual contact without permission, which can
include fondling and hazing incidents.
• Attempting to commit any of the acts above.
(UCMJ; DoDD 6495.01, Glossary; AR 600-20, para 8-4.)

APPLICABILITY
This section applies to Active Duty Soldiers, National Guard (NG)
and RC Soldiers who are sexually assaulted when performing
active service (as defined in Title 10, U.S.C. Section 101(d)
(3)) and inactive duty training, and Military dependents 18
years of age and older who are eligible for treatment in the
military healthcare system (at installations in the CONUS and
OCONUS), and who were victims of sexual assault perpetrated
by someone other than a spouse or intimate partner.
(For further information, see DoDI 6495.02, para 2.)
RESPONSE: ROLES & RESPONSIBILITIES

»» Victim** »» Alleged Offender’s


»» SARC** Commander
»» VA** »» Installation PM
»» Healthcare Personnel** »» CID
»» Chaplain »» Legal
»» Victim’s Commander »» Witness
** Restricted Reporting Chain

Victim. A victim is an individual who has suffered direct physical,


emotional, or financial harm as a result of a crime committed in
violation of the UCMJ. If an incident of sexual assault occurs,
deciding whether to report or what type of report to submit is
the victim’s choice. Depending on the victim’s status, he or she
may choose to submit an unrestricted report or a restricted
report, or not to report the incident. All Army Crime Victims have
the right:
• To be treated with fairness and with respect
for his or her dignity and privacy.
• To be reasonably protected from the accused offender.
• To be notified of court proceedings.
• To be present at all public court proceedings related
to the offense, unless the court determines that
the victim’s testimony would be materially affected
if the victim heard other testimony at trial.
• To confer with the attorney for the government in the case.

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

29 Version 1.1, OCT 13


Sexual Assault—Soldiers

• To restitution, if appropriate.
• To information regarding the conviction, sentencing,
imprisonment, and release of the offender from custody.
(AR 27-10, para 17-5 and para 17-10)
SARC. The SARC is the single point of contact within an
organization or installation who oversees sexual assault
awareness, prevention, and response training; coordinates
medical treatment, including emergency care, for victims of
sexual assault; and tracks the services provided to a victim of
sexual assault from the initial report through final disposition
and resolution. The SARC is responsible for ensuring that victims
of sexual assault receive appropriate and responsive care. Upon
notification of a sexual assault and after receiving consent
from the victim, the SARC will assign a VA to assist the victim.
SARCs supervise VAs, but are authorized to perform VA duties if
required. (DoDD 6495.01, Glossary; DoDI 6495.02, para 4.g. and
Encl 6, para 1.h.(8); AR 600-20, para 8-5.p. and q.)
VA. The VA provides non-clinical crisis intervention, referral,
and ongoing non-clinical support to victims. Support includes
providing information on available options and resources to
victims. The VA, on behalf of the sexual assault victim, provides
liaison assistance with other organizations and agencies on
victim care matters and reports directly to the SARC when
performing victim advocacy duties. VA services are available 24
hours per day, 7 days per week. (DoDD 6495.01, Glossary; DoDI
6495.02, Encl 6; AR 600-20, para 8-3 and para 8-5.s.)
Healthcare Personnel (HCP). HCP assist or otherwise support
healthcare providers in providing healthcare services (e.g.,
administrative personnel assigned to a military medical
treatment facility, or mental healthcare personnel). HCP also
include all healthcare providers.
Trained HCP called Sexual Assault Care Coordinators (SACCs)
and Sexual Assault Clinical Providers (SACPs) are available at all
military treatment facilities (MTFs). They provide emergency and
follow-up medical and behavioral care, treat injuries and provide
referrals as needed. Other HCP with more extensive training are
called Sexual Assault Medical Forensic Examiners (SAMFEs). Only
SAMFEs, including Sexual Assault Nurse Examiners (SANEs), are
authorized to perform the Sexual Assault Forensic Examination
(SAFE). If the MTF does not have a trained SAMFE available, the
MTF is required to have a Memorandum of Understanding/
Agreement with a local facility to provide this support service.
HCP will immediately notify the installation SARC of all incidents
of sexual assault.
(DoDD 6495.01, Glossary; DoDI 6495.02, Encl 7 a.(2); MEDCOM
Reg 40-36, paras 6.b(3), 6.n(7), and 8.c(4)).
Chaplain. At the victim’s request, the chaplain will provide
pastoral and spiritual support and explain the availability of
victim advocacy services. The chaplain will encourage the victim
to seek medical attention, to inform law enforcement of the
crime, and to seek assistance and counseling. With the victim’s
consent, the chaplain will refer the victim to qualified individuals
or organizations.

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

31 Version 1.1, OCT 13


Sexual Assault—Soldiers

Communication with a chaplain is considered confidential and


is protected under the Military Rules of Evidence (MRE). The
chaplain will maintain confidentiality unless the victim provides
informed consent of their own free will for the chaplain to share the
communication. (DoDI 6495.02, Encl 10,para 7.i; AR 600-20, para
8-5. f.; AR 165-1, para 16-2)
Victim’s Commander. The victim’s unit commander will take
immediate steps to ensure the victim’s physical safety, emotional
security, and medical treatment needs are met and that the SARC
and appropriate law enforcement/criminal investigative service
are notified. The commander will also ensure that victims of
sexual assault receive sensitive care and support and are not re-
victimized as a result of reporting the incident. The commander
will collaborate with SHARP personnel, HCPs, the chaplain, legal
representatives, and other service providers to ensure timely,
coordinated, and appropriate responses to the victim’s issues
and concerns. The commander will ensure feedback on case
status is provided to the victim in accordance with DoDI 6495.02,
Encl 5 and AR 600-20, para 8- 5o.
The commander will determine the best course of action for
separating victims from the subject(s) during the investigation of
sexual assault cases. The commander will consider an expedited
transfer per the victim’s request. (DoDI 6495.02, Encl 4, and Encl
5, para 5.; AR 600-20, Apps G and H)
Alleged Offender’s Commander. The alleged offender’s
commander will notify CID immediately after receiving a report
of a sexual assault incident. The commander will make it a priority
to determine the best course of action for separating the victim
and alleged offender during the investigation. The commander
should avoid questioning the alleged offender about the sexual
assault allegation, since doing so may jeopardize the criminal
investigation. In all activities concerning the investigation, the
commander must safeguard the alleged offender’s rights and
preserve the integrity of a full and complete investigation, to
include limitations on any formal or informal investigative in-
terviews or inquiries by personnel other than those with a le-
gitimate need-to-know. The commander will publicize the avail-
ability of medical treatment (to include behavioral health), and
referral services for alleged offenders who are also active duty
Service members.
Commanders must flag any individual being investigated, in
accordance with AR 600-8-2, para 2-2 and AR 600-20, para 8-5
o.(32). Flags are not to be removed until after the determination
of the final disposition of offenses, to include completion of
any punishment, in accordance with AR 600-8-2, para 2-9. The
commander must also suspend the Soldier’s security clearance
in accordance with AR 380-67, Personnel Security Program.
(DoDI 6495.02, Encl 5, para 3.h(1); AR 600-20, para 8-5o.(32) and
App G-2.h.)
Installation Provost Marshal. The PM office will ensure all
reports of sexual assault are immediately referred to CID for
investigation. The PM will ensure that evidence, including SAFE
Kits, and DD Form 2911 are stored in accordance with DoDI
6495.02 and that notification procedures are followed prior

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

33 Version 1.1, OCT 13


Sexual Assault—Soldiers

to the destruction of evidence. (AR 195-2, para 3-3 and DoDI


6495.02 , Encl 8.f.)
CID. CID will investigate all incidents of sexual assault within
its authority and notify the SARC and SJA of all sexual assaults.
Special investigators receive specific training to respond to and
investigate incidents of sexual assault. CID will conduct an initial
interview with the victim to determine basic facts, such as the
location and time/date of the crime, names or description of the
alleged offender, and names of witnesses. Follow-on interviews
are typically conducted at a later time. CID will ensure that
evidence, including SAFE Kits, and DD Form 2911 are stored
in accordance with DoDI and that notification procedures are
followed prior to the destruction of evidence. CID will also
ensure that personal effects will be returned to the victim at the
end of that time, as requested. (DoDI 6495.02 Encl 8, para f. and
Encl 10, para7.f.; AR 600-20, para 8-5.d.)
Legal. Judge Advocates (JAs) receive specific training to advise
commanders on the investigation or disposition of sexual assault
cases, and/or to prosecute or defend sexual assault cases. The
servicing Office of the Staff Judge Advocate (OSJA) will explain
the availability of victim services, to include legal assistance
counsel and the Victim/Witness Assistance Program. The SJA
will also appoint a Victim/Witness Liaison (VWL) who will act in
conjunction with the SARC and VA, to facilitate and coordinate
victim/witness access to information, assistance and services.
The Trial Counsel, VWL, or other member of the OSJA will ensure
victims and witnesses are aware of their rights during all stages
of a case in accordance with the Department of Defense (DoD)
Victim and Witness Bill of Rights and AR 27-10, Military Justice.
(DoDI 6495.02, Encl 10, para7.g.; AR 27-10, Chapter 17, Section II.)
Witness. A witness is an individual who provides information
or evidence about a criminal offense within the investigative
responsibility of the DoD. The term does not include individuals
involved in the crime as perpetrators or accomplices. (AR 27-10,
para 17-5.b.)

SUMMARY OF REPORTING OPTIONS—SOLDIERS


Unrestricted Report
The victim can disclose, without requesting confidentiality
or restricted reporting, that he or she is the victim of a sexual
assault to a SARC, VA, HCP, command authorities, or others. The
victim will have access to medical treatment and counseling,
support, and consideration for protection and expedited
(permanent or temporary) transfers. If the victim chooses to file
an unrestricted report, the SARC, VA, HCP, chain of command,
and law enforcement, will be notified that the crime occurred. An
official investigation will be triggered and the alleged offender
may be prosecuted. All unrestricted reports must be referred
to CID, regardless of severity, in accordance with DoDI 5505.18.
Once the victim files an unrestricted report, he or she cannot
change to a restricted report. If at any time a victim declines
to participate in an investigation or prosecution, that decision
should be honored by commanders, investigators, and all other
personnel involved in the case. (DoDD 6495.01, Glossary; DoDI
6495.02, para 2.c.(1) and para 4.r.; AR 600-20, para, 8-4.d., App
G-2, paras. a. and l., App H-2, App H-4.b.)

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

35 Version 1.1, OCT 13


Sexual Assault—Soldiers

Restricted Report
The victim can confidentially disclose and report a sexual
assault to a SARC, VA, or HCP. The victim can also confidentially
communicate with a chaplain. The victim will have access to
medical treatment, including emergency care, counseling, and
assignment of a SARC and VA, without triggering an official
investigation or prosecution of the alleged offender. If the victim
chooses to file a restricted report, the installation commander
will receive non-indentifying information indicating an alleged
sexual assault occurred. If the victim files a restricted report, he
or she can change to an unrestricted report at any time.
If the victim tells someone outside of the restricted reporting chain
(e.g., a friend, family member, roommate, or others), then he or she
can still elect to submit a restricted report; however, if the person
to whom the victim confided the information is in the victim’s
officer or non-commissioned officer chain of command or DoD law
enforcement, there can be no restricted report. Also, if the person to
whom the victim confided the information in reports the incident to
the chain of command or law enforcement, an official investigation
will be initiated.
(DoDD 6495.01, Glossary; DoDI 6495.02, Encl ;4 AR 600-20, para
8-4.c. and p(4), App H-2, H-4 and H-5)

Not Reporting
The victim may choose not to report a sexual assault. The victim
may not receive the support or consideration made available
to victims. If the victim chooses not to report and no one else
reports the incident, the chain of command, law enforcement,
HCP, SARC, and VA may not know that a crime occurred and the
alleged offender may not be investigated or prosecuted.

REPORTING PROCESS—SOLDIERS

»» Unrestricted Reporting Process


»» Restricted Reporting Process
»» Exceptions to the Restricted Reporting Process

Unrestricted Reporting Process


(Victim can report the incident to anyone)

The following steps are provided as a reference for commanders,


victims, Soldiers and others to follow if a sexual assault
occurs. Victims may choose to file a restricted or unrestricted
report or not to report. This section outlines the unrestricted
reporting process.

»» Step 1. Ensure the victim’s safety


and seek emergency care
»» Step 2. Preserve evidence
»» Step 3. Victim notifies SARC and/
or unrestricted reporting chain
»» Step 4. Seek medical care for the victim
»» Step 5. SARC provides info
»» Step 6. SARC assigns VA to provide assistance
»» Step 7. (RC only) Initiate Line of Duty investigation

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

37 Version 1.1, OCT 13


Sexual Assault—Soldiers

»» Step 8. Victim may consult with


legal assistance attorney
»» Step 9. Victim’s commander provides
support and referrals as needed
»» Step 10. Coordinate for “no contact
order” MPO or CPO as needed
»» Step 11. Victim may request expedited transfer
»» Step 12. Investigation
»» Step 13. Disposition of case

Step 1: Ensure the victim’s safety. Get the victim to a safe place
away from the alleged offender. Call 911 or seek emergency care
if the victim is in imminent danger. (AR 600-20, App G-2)
Step 2: Advise the victim to consider preserving all evidence of
the assault. The victim should not bathe, wash his or her hands,
eat, drink or brush teeth if he or she is going to seek medical
attention and the completion of a SAFE Kit. The victim should
consider not cleaning or straightening up the crime scene or
washing any clothing he or she was wearing when the assault
occurred. (AR 600-20, App G-2)
Step 3: The victim will notify the SARC and/or other members
of the unrestricted reporting chain. If the SARC does not receive
the initial report, the individual who does will notify the SARC.
The victim may reach out to any of the following individuals or
organizations (list not exhaustive): SARC, VA, HCP, civilian and
military law enforcement, first-line supervisor, peer, commander,
or chaplain. The victim can also contact his or her local 24/7
helpline or the DoD Safe Helpline for anonymous, confidential,
secure assistance 24/7 worldwide:
• For crisis intervention, support and information,
call (country code 001): 202- 540-5962 (U.S.), 877-
995-5247 (U.S. toll free), 94-877-995-5247 (DSN).
• Text a location or zip code to 55-247 (within CONUS) or
202-470-5546 (OCONUS) to receive
a list of nearby resources.
• Contact an online counselor (in real time) at
www.SafeHelpline.org.

Upon notification of a sexual assault incident, the unit commander


must immediately contact CID and should consult with SJA.
(DoDI 6495.02, Encl 4 and Glossary; AR 600-20, App G-2)
Step 4: Notify the SARC (if the victim has not done so already).
Advise the victim to seek medical care as soon as possible to
receive treatment for injuries, address the risk of pregnancy or
sexually transmitted infections, have a SAFE to preserve forensic
evidence, and have a urine sample collected to determine if the
victim was drugged. Sexual assault victims will be given priority
and treated as emergency cases (DoDI 6495.02). At the victim’s
request, the SARC, SACC or SACP will coordinate with the SAMFE
to perform a SAFE, which may include the collection of evidence.
If a forensically trained examiner is not available within 2 hours,
the victim should be transported to the nearest available facility
in order to receive the SAFE. The HCP will communicate via the
electronic profiling system if the victim’s medical condition or
prognosis could adversely impact his or her duty performance
(in accordance with the Health Insurance Portability and
*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

39 Version 1.1, OCT 13


Sexual Assault—Soldiers

Accountability Act (HIPAA)). (DoDI 6495.02, Encl 7d.; AR 600-20,


App G-2; MEDCOM Reg 40-36, para 6.n.(11), and para 8)
Step 5: Upon notification, the SARC will ensure the victim is
aware of and understands the options to:
• File a restricted or unrestricted report.
• Be assigned and speak confidentially with a VA.
• File for an expedited transfer (temporary or
permanent) to another unit or installation.
• Request a Military Protective Order (MPO)
and/or Civilian Protective Order (CPO).
• Consult with a legal assistance attorney.

The SARC will ensure all unrestricted reports are reported to the
first lieutenant colonel in the chain of command, the installation
commander, CID, and the installation PM within 24 hours.
(DoDI 6495.02, Encl 6; AR 600-20, para 8-5.p(7) and q(9))
Step 6: The SARC will assign a VA to provide assistance, at the
victim’s request. The VA will review detailed information on the
reporting options with the victim using DD Form 2910. The VA
will ensure the victim receives guidance and support during
administrative, medical, investigative, and legal procedures. The
VA will also ensure the victim understands the processes involved
and that data will be collected, reported, and maintained on the
case. The VA will provide the victim information on, and facilitate
contact with, military and civilian support organizations and
resources, as requested, and advise the victim that ongoing
advocacy services are available. The SARC, VA, SACC, or SACP will
explain the availability of victim advocacy services. The victim
may receive continued support and referrals from the SARC, VA,
chaplain, and/or HCPs. (AR 600-20, para 8-5.s and App H-4.b.)
Step 7 (RC only): Commanders must promptly initiate a Line of
Duty (LOD) investigation for RC members, regardless of whether
a restricted or unrestricted report was filed. Medical entitlements
to the victim are dependent on an LOD determination as to
whether or not the sexual assault incident occurred in an active
duty or inactive duty training status. LOD determinations
may be made without the victim being identified to DoD law
enforcement or command, solely for the purpose of enabling
the victim to access medical care and psychological counseling,
and without identifying injuries from sexual assault as the cause.
(DoDI 6495.02, Encl 5, para 4)
Step 8: The victim and any witnesses have the right to consult
with a legal assistance attorney and to seek support through the
Victim/Witness Assistance Program. The SJA’s office will advise
victims and witnesses of their rights during all stages of a case,
using the following documents:
• DD Form 2701, Initial Information for
Victims and Witnesses of Crime
• DD Form 2702, Court-Martial Information for Victims
and Witnesses of Crime (AR 27–10, para 17-17)

Step 9: As appropriate, the victim’s commander will provide


support and accommodate the victim’s requests for safety,
physical and mental health services, security, and legal assistance,
as not to compromise critical missions or investigations. The
victim’s commander will also provide the victim’s family with
referrals to available resources (e.g. counseling, resources,
information, and medical care) as needed. Commanders have,
and should use, discretion to defer action on alleged collateral
*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

41 Version 1.1, OCT 13


Sexual Assault—Soldiers

misconduct by sexual assault victims until final disposition of the


sexual assault case.
The victim’s battalion commander will provide an update to the
victim within 14 calendar days after the initial report. Thereafter,
the battalion commander will ensure that, at a minimum, a
monthly update is provided to the victim on the status of any
ongoing investigative, medical, legal, or command proceedings
regarding the assault. The battalion commander will follow-
up with the victim within 45 days after disposition of the case.
This update must occur within 72 hours after completion of
the monthly installation Sexual Assault Review Board (SARB).
Commanders of NG victims who were sexually assaulted when
the victim was on title 10 orders and filed unrestricted reports
are required to update, to the extent allowed by law and
regulations, the victim’s home State title 32 commander as to
all or any ongoing investigative, medical, and legal proceedings
regarding the extent of any actions being taken by the active
component against subjects who remain on title 10 orders.
(DoDI 6495.02, Encl 5, para 3.g.(2); AR 600-20, para 8-5. o. and App
G-2. q.)
Step 10: The victim will request, or the alleged offender’s
commander will determine the need for, an MPO, DD Form 2873,
or no contact order. Commanders recommending denial of a
victim’s request for an MPO will document the reasons for the
denial and forward the request up the chain of command and
to the installation or equivalent command level (in consultation
with a judge advocate) for final decision.
The alleged offender’s commander will provide the victim,
alleged offender and Installation PM or DES copies of the MPO.
The commander will notify civilian authorities of the MPO and
of the individuals involved if any individual involved resides
off post. An MPO is not enforceable by civilian authorities off
post. The victim must coordinate with civilian law enforcement
to request a CPO to ensure safety off post, if needed.
(DoDI 6495.02, Encl 5, para 6.; AR 600-20, App G-2.l(6)(c))
Step 11: The victim can submit a request for expedited
transfer to his or her chain of command. The victim can also
submit a request for temporary reassignment to another unit,
duty location, or living quarters on the installation until final
disposition of the case. Requests for transfer or reassignment
must be submitted in writing. The commander must approve
or disapprove the request within 72 hours of receipt. If the
commander disapproves the request, the Service member
shall be given the opportunity to request review by the first
General or Flag officer in the chain of command, or an SES
equivalent (if applicable). The decision to approve or disapprove
the request must be made within 72 hours of submission
of the request for review. Commanders may also consider
potential transfer of the alleged offender instead of the victim.
(DoDI 6495.02, Encl 5, para 5.; AR 600-20, App G-2)
Step 12: Upon notification, law enforcement (military or civilian)
will conduct an investigation of the crime. For cases with military
jurisdiction, CID will ensure the victim is aware of his or her rights,
using DD Form 2701. CID will provide the victim a monthly report
on the status of the investigation from the date it is initiated until
it is completed, to the extent that such actions will not jeopardize
an ongoing investigation. Once CID completes the investigation,

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

43 Version 1.1, OCT 13


Sexual Assault—Soldiers

they will turn the findings over to the alleged offender’s


commander and legal authority for disposition and adjudication.
During the investigation and prosecution of a crime, the SJA’s
victim witness liaison, trial counsel, or other Government
representative will provide the victim the earliest possible notice
of significant events in the case, such as the decision to prefer or
dismiss charges, acceptance of pleas or verdicts, and the result of
the trial or determination of final disposition.
For cases with civilian jurisdiction, consult with the
local or state law enforcement agency for details, as
procedures vary by location. Upon the completion of
an investigation, civilian law enforcement agencies will
typically turn their findings over to the prosecutor’s office.
(DoDI 6495.02, App to Encl 12; AR 600-20, para 8-5. d.; AR 27-10,
para 17-14; AR 195-2, para 4-3.c.)
Step 13: For cases with military jurisdiction, the alleged
offender’s commander, in consultation with his or her servicing
judge advocate, will make a recommendation for disposition
and adjudication. The victim may be called upon to provide
testimony and/or participate in proceedings. If the case proceeds
to court martial, the alleged offender’s guilt or innocence will be
determined by the court.
For cases with civilian jurisdiction, consult with the appropriate
court for details, as procedures vary by location. The prosecutor’s
office will typically determine whether or not to proceed to
trial. The victim may be called upon to provide testimony and/
or participate in proceedings. If the case proceeds to trial, the
alleged offender’s guilt or innocence is determined by the court.
The SARB chair (typically the installation commander) will require
that case dispositions are communicated to the victim within 2
business days of the final disposition. Additionally, the victim’s
battalion commander will follow-up with the victim within 45
days after disposition of the case to ensure the victim’s needs
have been addressed.
The alleged offender’s commander will provide disposition data,
to include any administrative or judicial action taken, stemming
from the sexual assault investigation to the installation PM or
CID on DA Form 4833, Commander’s Report of Disciplinary or
Administrative Action. Commanders will remind rating officials
that their comprehensive evaluation includes documenting
incidents of misconduct, to include those being found guilty of
sexual assault or harassment. This may include an appropriate
annotation in the narrative and/or the values section of the
officer evaluation report/noncommissioned officer evaluation
report. Commanders will also ensure that Soldiers convicted of
sexual assault in foreign, civilian, or military courts are processed
for administrative separation. This provision does not apply
to Soldiers who have a court-martial sentence that includes a
dishonorable discharge, bad conduct discharge, or a dismissal.
(DoDI 6495.02, Encl 9, para 2.; AR 600-20, para 8-5.o(33) and
App F; AR 27-10)

Restricted Reporting Process—Soldiers


(Victim can report the incident to SARC, VA and/or HCP ONLY)

The following steps are provided as a reference for commanders,


Soldiers and other first responders to follow if a sexual assault

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

45 Version 1.1, OCT 13


Sexual Assault—Soldiers

occurs. Victims may choose to file a restricted or unrestricted


report or not to report. This section outlines the restricted
reporting process.

»» Step 1. Ensure the victim’s safety


and seek emergency care
»» Step 2. Preserve evidence
»» Step 3. Victim notifies SARC and/
or restricted reporting chain
»» Step 4. Seek medical care for the victim
»» Step 5. SARC provides info
»» Step 6. SARC assigns VA to provide assistance
»» Step 7. (RC only) Initiate Line of Duty investigation
»» Step 8. Explain option to switch to unrestricted report

Step 1: Ensure the victim’s safety. Get the victim to a safe place
away from the alleged offender. Call 911 or seek emergency care
if the victim is in imminent danger. (AR 600-20, App G-2)
Step 2: Advise the victim to consider preserving all evidence of
the assault. The victim should not bathe, wash his or her hands,
eat, drink or brush teeth if he or she is going to seek medical
attention and the completion of a SAFE Kit. The victim should
consider not cleaning or straightening up the crime scene or
washing any clothing he or she was wearing when the assault
occurred. (AR 600-20, App G-2)
Step 3: The victim may confidentially report the crime to a
SARC, VA, or HCP and receive medical care and counseling
by submitting a restricted report that does not automatically
trigger an official investigation. The victim may confidentially
communicate with a chaplain. The victim can also contact his or
her local 24/7 helpline or the DoD Safe Helpline for anonymous,
confidential, secure assistance 24/7 worldwide:
• For crisis intervention, support and information,
call (country code 001): 202- 540-5962 (U.S.), 877-
995-5247 (U.S. toll free), 94-877-995-5247 (DSN)
• Text a location or zip code to 55-247 (within CONUS)
or 202-470-5546 (OCONUS) to receive a list of
nearby resources
• Contact an online counselor (in real time) at
www.SafeHelpline.org. (DoDI 6495.02, Glossary,
AR 600-20, para 8-4.c. and App G-2)

Step 4: The SARC will coordinate for a HCP (SACC or SACP)


to provide care and treatment for injuries, address the risk of
pregnancy or sexually transmitted infections, have a SAFE to
preserve forensic evidence, and have a urine sample collected
to determine if the victim was drugged. Sexual assault victims
will be given priority and treated as emergency cases. At the
victim’s request, the SARC, SACC or SACP will coordinate with
the SAFE to perform a SAFE, which may include the collection
of evidence to be used if the victim decides to change his or her
reporting preference. If a forensically trained examiner is not
available within 2 hours, the victim should be transported to the
nearest available facility in order to receive the SAFE. Restricted
reporting may not be an option at a civilian facility. If a sexual
assault occurs outside of a military installation or if the victim
must be transferred to a non-military facility, the victim should
carefully consider his or her reporting options before receiving
medical care.
*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

47 Version 1.1, OCT 13


Sexual Assault—Soldiers

Local or state mandatory sexual assault reporting requirements


may limit the possibility of restricted reporting. The victim should
consult with the SARC or VA prior to receiving a SAFE at a civilian
hospital if he or she prefers to submit a restricted report.
If HCP or a SARC determines that releasing information is necessary
to prevent or mitigate a serious and imminent threat to the health
or safety of the victim or another person, the SARC will advise the
victim that he or she will release the information as an exception
to restricted reporting. The SARC will consult with the local SJA
and disclose only necessary details to the command and/or
law enforcement.
(DoDI 6495.02, para 4.l., Encl 7, para 2. and Encl 4, para 2.;
AR 600-20, App G-2.c; MEDCOM Reg 40-36, para 6., 8. and 10.)
Step 5: Upon notification, the SARC will ensure the victim is
aware of and understands the options to:
• File a restricted or unrestricted report.
• Be assigned and speak confidentially with a VA.
• File for an expedited transfer (temporary or
permanent) to another unit or installation.
• Request an MPO and/or CPO.
• Consult with a legal assistance attorney.

For the purposes of public safety and command responsibility,


in the event of a restricted report, the SARC shall report non-
personally identifying information concerning sexual assault
incidents (without information that could reasonably lead to
personal identification of the victim or the alleged assailant)
only to the installation commander within 24 hours of the report.
(DoDI 6495.02, Encls 4 and 6; AR 600-20, para 8-5.p., q.)
Step 6: The SARC will assign a VA to provide assistance, at the
victim’s request. The VA will review detailed information on the
reporting options with the victim using DD Form 2910. The VA
will ensure the victim receives guidance and support during
administrative, medical, investigative, and legal procedures. The
VA will also ensure the victim understands the processes involved
and that data will be collected, reported, and maintained on the
case. The VA will provide the victim information on, and facilitate
contact with, military and civilian support organizations and
resources, as requested, and advise the victim that ongoing
advocacy services are available. The SARC, VA, SACC, or SACP will
explain the availability of victim advocacy services. The victim
may change his or her reporting preference from restricted to
unrestricted at any time. (AR 600-20, para 8-5.s. and App H-4.a.)
Step 7 (RC only): Commanders must promptly initiate a Line of
Duty (LOD) investigation for RC members, regardless of whether
a restricted or unrestricted report was filed. Medical entitlements
to the victim are dependent on an LOD determination as to
whether or not the sexual assault incident occurred in an active
duty or inactive duty training status. LOD determinations
may be made without the victim being identified to DoD law
enforcement or command, solely for the purpose of enabling
the victim to access medical care and psychological counseling,
and without identifying injuries from sexual assault as the cause.
(DoDI 6495.02, Encl 5, para 4)
Step 8: The SARC will contact the victim at the 1-year mark of
the report to inquire whether the victim wishes to change his or
her reporting option from restricted to unrestricted. If the victim

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

49 Version 1.1, OCT 13


Sexual Assault—Soldiers

does not change from a restricted to an unrestricted report, the


SARC will explain that the SAFE Kit, DD Form 2911, and the DD
Form 2910 will be retained for 5 years from the time the victim
signed the DD Form 2910 and will then be destroyed. The SARC
will indicate that he or she will not contact the victim again and
that it will be the victim’s responsibility from that point forward
to contact a SARC to change his or her reporting option before
the end of the 5-year retention period. At the victim’s request,
DD Forms 2910 and 2911 filed in connection with the restricted
report will be retained for 50 years. (DoDI 6495.02, Encl 8)

Exceptions to the Reporting Processes

»» Exception 1: Communications with chain


of command or law enforcement
»» Exception 2: Support from local or state
healthcare or law enforcement
»» Exception 3: RC and NG considerations
»» Exception 4: Family member considerations
»» Exception 5: DA Civilian considerations

Exception 1: If the chain of command or law enforcement


(military or civilian) are aware of the crime before the victim files
a report with the SARC, an official investigation may occur and
the victim may no longer have the option of restricted reporting.
(DoDI 6495.02, Encl 4, para 1.e.)
Exception 2: Local or state mandatory sexual assault reporting
requirements may limit the possibility of restricted reporting.
(DoDI 6495.02, Encl 4, para 1.g.)
Exception 3: If reporting a sexual assault that occurred prior to or
while not performing active service or inactive training, National
Guard and RC members will be eligible to receive limited SHARP
support services from a SARC and a VA and are eligible to file a
Restricted or Unrestricted Report. (DoDI 6495.02, para 2.b.)
Exception 4: The Family Advocacy Program (FAP) covers adult
military dependent sexual assault victims who are assaulted by a
spouse or intimate partner and military dependent sexual assault
victims who are 17 years of age and younger. The installation
SARC, FAP and domestic violence intervention and prevention
staff are responsible for advocacy and service coordination
when a sexual assault occurs within a domestic relationship or
involves child abuse. (DoDI 6495.02, para 2.c(2))
Exception 5: Unless otherwise eligible to receive treatment in
a military medical treatment facility, limited medical services in
the form of emergency care shall be provided to the individuals
listed below when stationed with or accompanying the U.S.
Armed Forces OCONUS. They will also be offered the limited
services of SHARP personnel who are designated as a SARC
and/or a VA while undergoing emergency care OCONUS. The
only sexual assault reporting option for these individuals is
unrestricted reporting; restricted reporting is not authorized.
Emergency care consists of emergency medical care and a
SAFE Kit.
DA Civilian employees and their family dependents, 18 years of
age and older, when stationed or performing duties OCONUS
and eligible for treatment in the military healthcare system
at military installations of facilities OCONUS. U.S. citizen DA
*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

51 Version 1.1, OCT 13


Sexual Assault—Soldiers

contractor personnel when authorized to accompany U.S.


Armed Forces in a contingency operation OCONUS and their U.S.
citizen employees.
(DoDI 6495.02, para 2.d.)
Chapter 5
FORMS, RESOURCES,
AND QUICK REFERENCES

FORMS
Victim:
• DD Form 2701, Initial Information for Victims
and Witnesses of Crime: http://www.dtic.mil/whs/
directives/infomgt/forms/eforms/dd2701.pdf
• DD Form 2702, Court-Martial Information for Victims
and Witnesses of Crime; http://www.dtic.mil/whs/
directives/infomgt/forms/eforms/dd2702.pdf
• DD Form 2910, Victim Reporting Preference
Statement: http://www.dtic.mil/whs/directives/
infomgt/forms/eforms/dd2910.pdf
• DD Form 2911, DoD Sexual Assault Forensic
Examination Report: http://www.sapr.mil/public/
docs/miscellaneous/toolkit/DD_Form_2911.pdf
• DA Form 7279, Equal Opportunity Complaint Form:
http://www.apd.army.mil/pub/eforms/pdf/a7279.pdf

Commander:
• DD Form 2873, Military Protective Order: http://www.dtic.
Forms/Resources/

mil/whs/directives/infomgt/forms/eforms/dd2873.pdf
References

• DA Form 4833, Commander’s Report of


Disciplinary or Administrative Action: http://www.
apd.army.mil/pub/eforms/pdf/a4833.pdf

53 Version 1.1, OCT 13


Forms, Resources, and Quick References

RESOURCES
• U.S. DoD Sexual Assault Prevention and
Response Website: http://www.sapr.mil/
• U.S. Army SHARP Program Website:
http://www.sexualassault.army.mil/
Commander’s Checklist:
Formal Sexual Harassment Complaint - Soldiers

IMMEDIATE COMPLAINANT
RESPONSE SUPPORT CDR NOTES:
1. Receive report of formal 5. Establish and implement a plan __________________________________________________________
complaint from EOA*. to protect the complainant,
__________________________________________________________
2. Immediately flag Soldiers any named witnesses, and the
under investigation. alleged offender from acts __________________________________________________________
of reprisal.
3. Ensure the next higher __________________________________________________________
headquarters is notified 6. Provide written feedback to
the complainant (every 14 days) __________________________________________________________
of the formal complaint
and that GCMCA is and to the next higher level __________________________________________________________
notified within 3 days. commander (every 21 days).
__________________________________________________________
4. Initiate investigation or 7. Upon completion of the
commander’s inquiry. investigation, ensure that
packet is reviewed by SJA. HELPFUL CONTACT NUMBERS:
EOA*:
8. Determine whether the
allegations are substantiated IG:
or unsubstantiated. CHAPLAIN:
9. Take appropriate action on
the findings. PM:
10. Document any corrective action MTF:
taken on DA Form 7279. SJA:
11. If appeal is initiated, forward it
to the next higher commander
within 3 calendar days. *Note: In accordance with ALARACT 007/2012, many units have already
transitioned responsibility for the handling of sexual harassment cases
12. Receive assessment from EOA* from EOAs to SHARP personnel. Remaining units will make the transition
within 30-45 days after final upon issuance of Pending Army Directive XX-2013 and AR 600-20
decision on the complaint. rapid revision.

Reference: AR 600-20, Chapter 7 & Appendix D

55 Version 1.1, OCT 13


Commander’s Checklist:
Formal Sexual Harassment
Complaint - Soldiers
Victim’s Commander Checklist:
Sexual Assault - Soldiers

IMMEDIATE VICTIM
RESPONSE SUPPORT CDR NOTES:
1. Ensure the victim’s safety 11. Ensure victim has been notified __________________________________________________________
and seek emergency care. of right to expedited transfer.
__________________________________________________________
2. Advise the victim of 12. Ensure leaders and
the need to preserve subordinates: __________________________________________________________
evidence (if required).
(a) Limit information on incident __________________________________________________________
3. Notify unrestricted
only to personnel with a
reporting chain—SARC, __________________________________________________________
legitimate need to know
CID, SJA—and higher-level
(b) Immediately report any __________________________________________________________
command (seek legal
allegations of retaliation
guidance from SJA). __________________________________________________________
or intimidation of
4. Ensure SARC coordinates
victim/witnesses __________________________________________________________
medical care.
(c) Protect victim privacy
5. Ensures SARC provides
info to victim. 13. Update higher-level command HELPFUL CONTACT NUMBERS:
within 14-days on status SARC:
6. Ensure SARC assigns
VA to provide of victim and subjects.
Update victim on monthly VA:
assistance to victim.
7. (RC only) Initiate LOD basis on status of case.
CID:
investigation. 14. SARB chair will direct a
8. Ensure victim has been follow-up report to the victim SJA:
notified of available within 2 days after final
services, to include disposition of case. Battalion PM:
legal assistance. commander will follow-up with
9. Provide support and the victim within 45 days after MTF:
referrals as needed. final disposition to ensure the
10. Determine if victim victim’s needs are addressed. CHAPLAIN:
needs an MPO or CPO.

References: DoDI 6495.02, Encl 5; AR 600-20, Chapter 8 & Appendix G, H.

57 Version 1.1, OCT 13


Victim’s Commander Checklist:
Sexual Assault - Soldiers
Alleged Offender’s Commander Checklist:
Sexual Assault - Soldiers
IMMEDIATE CONTINUED
RESPONSE SUPPORT CDR NOTES:
1. Immediately Notify CID 6. Consider potential transfer of __________________________________________________________
upon receipt of a report of the alleged offender instead of
a sexual assault incident. the SM requesting the transfer. __________________________________________________________
2. Guidelines for questioning: 7. If requested by the victim, allow __________________________________________________________
(a) Avoid questioning for separate training at different
about the sexual assault times (or weekends) from the __________________________________________________________
allegation. Doing so may alleged offender or with a __________________________________________________________
jeopardize the criminal different unit. At a minimum,
investigation. the alleged offender’s __________________________________________________________
(b) Before questioning or access to the victim shall be
__________________________________________________________
discussing the case controlled, as appropriate.
with the alleged 8. Publicize availability of medical __________________________________________________________
offender, contact the treatment (to include behavioral
SJA for guidance. health), and referral services for HELPFUL CONTACT NUMBERS:
(c) If questioning does alleged offenders who are also SARC:
occur, advise the alleged active duty Service members.
offender of his/her rights
9. Provide disposition data to VA:
under Article 31, UCMJ.
include any administrative
3. Flag any Soldier under or judicial action take on DA CID:
charges, restraint, or Form 4833 to PM or CID.
investigation for sexual
10. Remind rating officials that SJA:
assault and suspend the
their comprehensive evaluation
Soldier’s security clearance.
includes documenting PM:
4. Limit the details regarding incidents of misconduct, to
the incident to only those include those being found MTF:
personnel who have a guilty of sexual assault.
legitimate need to know.
11. Ensure that Soldiers CHAPLAIN:
5. Determine the need for convicted of sexual assault
a (MPO). (If applicable) in foreign, civilian, or military
Provide victim and alleged courts are processed for
offender with copies of the References: AR 600-20, Appendix G-2; UCMJ, Article 31;
administrative separation. AR 600-8-2, para 2-2; DoDI 6495.02, Encl 4 and 5
completed DD Form 2873.

59 Version 1.1, OCT 13


Alleged Offender’s
Commander Checklist:
Sexual Assault - Soldiers
Complainant Checklist:
Informal Sexual Harassment Complaint - Soldiers

IMMEDIATE COMPLAINANT
RESPONSE SUPPORT NOTES:
1. Report harassment 4. Seek resolution of complaint. __________________________________________________________
to a member of the This can be done with the
__________________________________________________________
command, the EOA* or intervention of the EOA* at
other agency official. the complainant’s request; __________________________________________________________
(a) There is no time counseling, training, etc.
__________________________________________________________
suspense for an informal
report __________________________________________________________
(b) Informal reports are not __________________________________________________________
submitted in writing
__________________________________________________________
2. Agency official will receive
the complaint and ensure __________________________________________________________
the complainant is made
aware of his/her rights HELPFUL CONTACT NUMBERS:
and responsibilities. COMMANDER:
3. Agency official will EOA*:
explain the complainant
process and what role the IG:
agency has in resolving CHAPLAIN:
the complaint.
PM:
MTF:
SJA:

*Note: In accordance with ALARACT 007/2012, many units have already


transitioned responsibility for the handling of sexual harassment cases
from EOAs to SHARP personnel. Remaining units will make the transition
upon issuance of Pending Army Directive XX-2013 and AR 600-20
rapid revision.
References: AR 600-20, Chapter 7 & Appendix D

61 Version 1.1, OCT 13


Informal Sexual Harassment
Complaint - Soldiers
Complainant Checklist:
Formal Sexual Harassment Complaint - Soldiers

IMMEDIATE COMPLAINANT
RESPONSE SUPPORT NOTES:
1. Consult with EOR/EOA*. 6. Receive counseling from __________________________________________________________
2. Report harassment commander on specifics of
__________________________________________________________
to a member of the plan to protect complainant
command, the EOA* or from reprisal and retaliation. __________________________________________________________
other agency official. 7. Receive feedback on __________________________________________________________
3. Receive information on: investigation or inquiry
from commander within 14 __________________________________________________________
(a) Rights and
responsibilities calendar days, or a maximum __________________________________________________________
(b) Role of the agency in of 30 additional days with
approved extension. __________________________________________________________
relation to the complaint
(c) What services are 8. Receive notification of __________________________________________________________
available from other results of the complaint.
agencies 9. Submit an appeal of the HELPFUL CONTACT NUMBERS:
(d) Explanation of the results no later than 7 COMMANDER:
complaint system days after notification
(e) Referral to appropriate EOA*:
of results (Optional).
agency to handle IG:
10. Receive notification of
resolution (72-hr
results of the appeal CHAPLAIN:
suspense)
within 14 (standard) – 45 (if
4. Complete Part I of DA extension is required) days. PM:
Form 7279 with EOA*. MTF:
11. Receive a follow-up
5. Agency official may refer assessment from EOA*
the case to another agency. SJA:
within 30 to 45 calendar
In all cases, the commander days following the final
will ultimately be notified *Note: In accordance with ALARACT 007/2012, many units have already
decision on the complaint. transitioned responsibility for the handling of sexual harassment cases
of the formal complaint.
from EOAs to SHARP personnel. Remaining units will make the transition
upon issuance of Pending Army Directive XX-2013 and AR 600-20
rapid revision.
References: AR 600-20, Chapter 7 & Appendix D

63 Version 1.1, OCT 13


Complainant Checklist:
Formal Sexual Harassment
Complaint - Soldiers
Victim Checklist:
Sexual Assault - Soldiers

IMMEDIATE VICTIM
RESPONSE SUPPORT VICTIM’S RIGHTS:
1. Ensure safety and seek 12. If unrestricted reporting, • To be treated with fairness and with respect
emergency care. request expedited transfer, for his or her dignity and privacy
2. Preserve evidence. temporary reassignment • To be reasonably protected from the accused offender
or PCS as needed. • To be notified of court proceedings
3. Report incident to a SARC, who can
13. If unrestricted reporting, • To be present at all public court proceedings related to the offense,
review reporting options—Chose
provide statement(s) to unless the court determines that the victim’s testimony would be
to file an unrestricted report,
investigators (optional) materially affected if the victim heard other testimony at trial
restricted report, or do not report.
and receive monthly • To confer with the attorney for the government in the case
4. If choosing to report, notify • To restitution, if appropriate
update on case from
restricted or unrestricted reporting • To information about the conviction, sentencing,
CID and commander.
chain (listed in “Definitions” para). imprisonment, and release of the offender.
14. If unrestricted reporting,
5. Receive medical care, SAFE,
receive a follow-up report DEFINITIONS:
information on available services
within 2 days after final Restricted Report: Reporting option for victims of sexual assault who wish
and referrals as requested.
disposition of case and to confidentially disclose the crime to specifically identified individuals
6. SARC provides info. from battalion commander (SARC, VA, and/or HCP) and receive medical treatment and counseling
7. SARC assigns VA to within 45 days after final without triggering the official investigative process. Report the assault to a
provide assistance. disposition to ensure your SARC, VA, and/or healthcare personnel.
8. (RC only) LOD initiate investigation. needs are addressed.
Unrestricted Report: Reporting option for victims of sexual assault who
9. If unrestricted reporting, consult desire medical treatment, counseling and an official investigation of the
with legal assistance for info on crime. Report the assault through current reporting channels (e.g. chain
victim’s rights and services. of command, law enforcement, or the SARC). A victim may also request
10. Command will provide support healthcare personnel to notify law enforcement.
and referrals as needed. HELPFUL CONTACT NUMBERS:
11. If unrestricted reporting, request
SARC: PM:
an MPO or CPO as needed.
VA: MTF:
CID: CHAPLAIN:
SJA:

References: DoDI 6495.02; AR 600-20, Chapter 8 & Appendix G

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Victim Checklist:
Sexual Assault - Soldiers
Third Party/Witness Checklist:
Sexual Assault - Soldiers

IMMEDIATE CONTINUED
RESPONSE SUPPORT NOTES:
1. Ensure the victim’s safety 4. Notify the reporting __________________________________________________________
and seek emergency care. chain, at the victim’s
request. NOTE: If anyone __________________________________________________________
2. Advise the victim to
preserve evidence. outside the restricted __________________________________________________________
reporting chain (SARC,
3. Refer victim to SARC, who will __________________________________________________________
VA, healthcare personnel)
help victim determine if victim
is aware of the incident,
wants to use the restricted or __________________________________________________________
a restricted report
unrestricted reporting chain,
cannot be filed. __________________________________________________________
or prefers to not report the
incident. (see Note on far right). 5. If unrestricted reporting,
__________________________________________________________
consult with SJA
(a) Unrestricted Report: This
for information on __________________________________________________________
option is for victims of sexual
the Victim/Witness
assault who desire medical
Assistance Program. HELPFUL CONTACT NUMBERS:
treatment, counseling and an
official investigation of the 6. Provide support to the SARC: PM:
crime. Unrestricted reports victim as requested.
may be disclosed to a SARC, VA, 7. If unrestricted reporting, VA: MTF:
HCP, chain of command, law provide statement to CID: CHAPLAIN:
enforcement, and others. investigators (optional).
SJA:
(b) Restricted Report: This option 8. If unrestricted reporting,
is for victims of sexual assault receive information from Note: A victim’s communication with another person (e.g., roommate,
who wish to confidentially SJA on witness’ rights
friend, family member) does not, in and of itself, prevent the victim
disclose the crime to specifically 9. If unrestricted reporting, from later electing to make a Restricted Report. Restricted Reporting is
identified individuals (SARC, VA, receive updates from
and/or HCP) and receive medical
confidential, not anonymous, reporting. However, if the person to whom
CID on the status of the victim confided the information (e.g., roommate, friend, family
treatment and counseling the investigation.
without triggering the official member) is in the victim’s officer and non-commissioned officer chain of
10. If unrestricted command or DoD law enforcement, there can be no Restricted Report.
investigative process.
reporting, provide
(c) Do not report. testimony as needed.

References: AR 600-20, Chapter 8 & Appendix G; DoDI 6495.02

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Third Party/Witness Checklist:
Sexual Assault - Soldiers
Process Flow Charts

Version 1.1, OCT 13


Forms, Resources, and Quick References

SOLDIER—SEXUAL HARASSMENT
COMPLAINT PROCESS FLOW CHART

Individual Submits a Individual Submits an


Formal Complaint Informal Complaint

A formal or informal complaint may be


submitted to any of the following agencies:
COC EOA IG SJA Chaplain Medical Agency

Agency official receives the complaint


and advises the complainant of his/her
rights and responsibilities.

Agency official explains the complaint


process and what role the agency has
in resolving the complaint.

Complainant and
agency official complete Agency official or
Part I of DA Form 7279. commander will attempt
to assure resolution
of the issue
If the agency decides (through mediation,
to refer the complaint, intervention, counseling,
this action must be taken training, etc.)
within 3 calendar days.

Commander is notified
this action must be taken training, etc.)
within 3 calendar days.

Commander is notified
of formal complaint.

Commander will either conduct an inquiry


personally or immediately appoint an investigating
officer according to the provisions of AR 15–6.

The commander will establish and implement a plan


to protect the complainant, any named witnesses,
and the alleged offender from acts of reprisal.

Commander receives the investigation


and determines whether the complaint
is substantiated or unsubstantiated.

(If applicable) Complainant may


appeal to the next higher commander.

The EOA has 30-45 days after final decision on the


complaint to conduct an assessment to determine
the effectiveness of any corrective actions taken
and to detect and deter any incidents or reprisal.

(AR 600-20, App D)

*Note: In accordance with ALARACT 007/2012, many units have already transitioned
responsibility for the handling of sexual harassment cases from EOAs to SHARP personnel.
Remaining units will make the transition upon issuance of Pending Army Directive
XX-2013 and AR 600-20 rapid revision.

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Forms, Resources, and Quick References

SOLDIER—SEXUAL ASSAULT REPORTING


PROCESS ABBREVIATED FLOW CHART

Unrestricted Report Restricted Report

Ensure victim safety,


seek emergency care

Preserve evidence

Notify Unrestricted
Notify Restricted
Reporting chain
Reporting chain
(SARC, VA, HCP, Command,
(SARC, VA, HCP)
Law Enforcement, others)

Victim receives medical care and (upon request)


Sexual Assault Forensic Exam (SAFE)
Civilian medical facilities may
automatically notify law enforcement

SARC provides information to victim

SARC assigns VA to provide assistance to victim

(RCs only) Initiate LOD investigation


SARC assigns VA to provide assistance to victim

(RCs only) Initiate LOD investigation

Victim may consult At any time, the victim


with legal assistance may switch a
Restricted Report to
an Unrestricted Report
Commander provides
support and referrals
Available Resources
Medical
Commander/victim
• Care and Treatment
coordinate for • Sexual Assault Forensic Exam
MPO and/or CPO
Mental Health
• Counselors, Psychologists,
Social workers, Psychiatrists
Victim requests expedited
Spiritual
transfer as needed
• Chaplains
Legal
• Victim Witness Liaison
Investigation and monthly Program (unrestricted only)
updates to victim. • Legal Assistance
Commanders flag Soldiers
Safety
under investigation and • Military Protection Order
suspend their clearance (the installation commander
is the final disapproval
authority)
Final case disposition • Expedited Transfer (decision
determined and follow-up to approve or disapprove
provided to victim must be made in 72 hours)

(DoDD 6495.01, DoDI 6459.02, AR 600-20)

73 Version 1.1, OCT 13


Forms, Resources, and Quick References

Note 1: This flow chart depicts an abbreviated version of the sexual


assault reporting process which emphasizes actions taken or directly
impacting commanders and Soldiers at the company level.
Note 2: Commanders of the NG victims who were sexually assaulted
when the victim was on title 10 orders and filed unrestricted reports
are required to update, to the extent allowed by law and regulations,
the victim’s home State title 32 commander as to all or any ongoing
investigative, medical, and legal proceedings regarding the extent of
any actions being taken by the active component against subjects who
remain on title 10 orders.
Chapter 6

References
REFERENCES

Law:
• Manual for Courts – Martial:
http://www.sapr.mil/public/docs/policy/mcm.pdf
• Uniform Code of Military Justice

DoD Policy:
• DoD Directive (DoDD) 6495.01, Sexual Assault
Prevention and Response (SAPR) Program,
23 JAN 12, incorporating Change I, APR 13:
http://www.dtic.mil/whs/directives/corres/pdf/649501p.pdf
• DoD Instruction (DoDI) 6495.02, Sexual Assault Prevention
and Response (SAPR) Program, 28 MAR 13:
http://www.dtic.mil/whs/directives/corres/pdf/649502p.pdf
• DoD Instruction 5505.18, Investigation of Adult
Sexual Assault in the Department of Defense, 25
JAN 13, incorporating Change 1, MAY 2013
• DoDD 1350.2, Department of Defense Military Equal
Opportunity (MEO) Program, 18 AUG 95, incorporating
change 1, 7 MAY 97, certified current, 21 NOV 03.
• National Guard Regulation (NGR) 600-22, National Guard
Military Discrimination Complaint System, 30 MAR 01:
http://www.ngbpdc.ngb.army.mil/pubs/36/angi36_3.pdf

Army Policy:
• Army Regulation (AR) 15-6, Procedures for
Investigating Officers and Boards of Officers, 2 OCT
06: http://www.apd.army.mil/pdffiles/r15_6.pdf

75 Version 1.1, OCT 13


References

• AR 20-1, Inspector General Activities, 29 NOV 10,


Rapid Action Revision (RAR) 3 JUL 12:
http://www.apd.army.mil/pdffiles/r20_1.pdf
• AR 27-10, Military Justice, 3 OCT 11:
http://www.apd.army.mil/pdffiles/r27_10.pdf
• AR 165-1, Army Chaplain Corps Activities, 3 DEC 09:
http://www.apd.army.mil/pdffiles/r165_11.pdf
• AR 195-2, Criminal Investigation Activities, 15 MAY 09,
Rapid Action Revision (RAR) 6 SEP 11:
http://www.apd.army.mil/pdffiles/r600_8_24.pdf
• AR 380-67, Personnel Security Program, 9 SEP 88,
Rapid Action Revision (RAR) 4 AUG 11:
http://www.apd.army.mil/pdffiles/r380_67.pdf
• AR 600-8-2, Suspension of Favorable
Personnel Actions (Flags), 23 OCT 12:
http://www.apd.army.mil/pdffiles/r600_20.pdf
• AR 600-20, Army Command Policy, 18 MAR 2008,
Rapid Action Revision (RAR) 20 SEP 12:
http://www.apd.army.mil/pdffiles/r600_20.pdf
• MEDCOM Regulation 40-36, Medical Facility
Management of Sexual Assault, 21 JAN 09:
http://www.sexualassault.army.mil/files/r40-36.pdf

ALARACT:
• ALARACT 007/2012, Subject: Sexual Harassment/
Assault Response and Prevention (SHARP) Program
Implementation Guidance, 12 JAN 12
Chapter 7
GLOSSARY

ACRONYMS AND ABBREVIATIONS


ALARACT. (Message to) All Army Activities

Glossary
CID. Criminal Investigation Division

CPO. Civilian Protection Order

CONUS. Continental United States

DA. Department of the Army

DoD. Department of Defense

EEO. Equal Employment Opportunity

EOA. Equal Opportunity Advisor

EOR. Equal Opportunity Representative

GCMCA. General Court-Martial Convening Authority

HCP. Healthcare Personnel

HIPAA. Health Insurance Portability and Accountability Act

IG. Inspector General

IGAR. Inspector General Action Request

LOD. Line of Duty

MPO. Military Protective Order

77 Version 1.1, OCT 13


Glossary

MRE. Military Rules of Evidence

MTF. Military Treatment Facility

MUTA. Multiple Unit Training Assembly

OCONUS. Outside Continental United States

PM. Provost Marshal

PMO. Provost Marshal Office

POSH. Prevention of Sexual Harassment

SACC. Sexual Assault Care Coordinator

SACP. Sexual Assault Clinical Provider

SAFE. Sexual Assault Forensics Examination

SAMFE. Sexual Assault Medical Forensic Examiners

SAPR. Sexual Assault Prevention and Response

SARB. Sexual Assault Review Board

SARC. Sexual Assault Response Coordinator

SEEM. State Equal Employment Manager

SHARP. Sexual Harassment/Assault Response and Prevention

SJA. Staff Judge Advocate

TPU. Troop Program Unit

UCMJ. Uniform Code of Military Justice

VA. Victim Advocate


TERMS

Complainant. A Soldier, family member, or civilian employee of


the Army who submits a complaint.

DoD Safe Helpline. A crisis support service for members of


the DoD community affected by sexual assault. Safe Helpline
provides live, one-on-one support and information to the
worldwide DoD community. The service is confidential,
anonymous, secure, and available worldwide, 24/7 by “click, call
or text”—providing victims with the help they need anytime,
anywhere. For crisis intervention, support and information, call
(country code 001): 202-540-5962 (U.S.), 877-995-5247 (U.S. toll
free), 94-877-995-5247 (DSN). Text a location or zip code to 55-
247 (within CONUS) or 202-470-5546 (OCONUS) to receive a list
of nearby resources. Contact an online counselor (in real time) at
www.SafeHelpline.org.

I. A.M. Strong Campaign. Intervene, Act, and Motivate (I. A.M.)


STRONG is the Army’s campaign to combat sexual assaults
by engaging all Soldiers in preventing sexual assaults before
they occur.

MRE 514. Victim advocate–victim privilege: A victim has a


privilege to refuse to disclose and to prevent any other person
from disclosing a confidential communication made between
the victim and a VA, in a case arising under the UCMJ, if such
communication was made for the purpose of facilitating advice
or supportive assistance to the victim. For more information:
http://www.sapr.mil/public/docs/policy/MRE_514-Advocate_
Privilege-Text.pdf

79 Version 1.1, OCT 13


Glossary

Quid Pro Quo. Conditions placed on an individual’s career or


terms of employment in return for favors.

Reprisal. Taking or threatening to take an unfavorable personnel


action or withholding or threatening to withhold a favorable
personnel action, or any other act of retaliation, against a military
member for making or preparing a protected communication.

Restricted Report. A reporting option that allows military


sexual assault victims to confidentially disclose the assault to
a SARC, VA, or HCP and receive medical treatment, including
emergency care, counseling, and assignment of a SARC and
VA, without triggering an official investigation. The victim’s
report provided to healthcare personnel (including the
information acquired from a SAFE Kit), SARCs, or VAs will NOT
be reported to law enforcement or to the command to initiate
the official investigative process unless the victim consents or an
established EXCEPTION applies in accordance with DoDI 6495.02.
The Restricted Reporting Program applies to Service members
and their military dependents 18 years of age and older. Only a
SARC, SAPR VA, or healthcare personnel may receive a Restricted
Report, previously referred to as Confidential Reporting.

SAFE Kit. The medical and forensic examination of a sexual


assault victim under circumstances and controlled procedures
to ensure the physical examination process and the collection,
handling, analysis, testing, and safekeeping of any bodily
specimens and evidence meet the requirements necessary for
use as evidence in criminal proceedings. The victim’s SAFE Kit
is treated as a confidential communication when conducted as
part of a Restricted Report.
Sexual Assault. Intentional sexual contact characterized by use
of force, threats, intimidation, or abuse of authority or when the
victim does not or cannot consent. The term includes a broad
category of sexual offenses consisting of the following specific
UCMJ offenses: rape, sexual assault, aggravated sexual contact,
abusive sexual contact, forcible sodomy (forced oral or anal sex),
or attempts to commit these acts.

Sexual Harassment is a form of sex discrimination that involves


unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when—

• Submission to such conduct is made either


explicitly or implicitly a term or condition
of a person’s job, pay, or career, or

• Submission to, or rejection of, such conduct by a


person is used as a basis for career or employment
decisions affecting that person, or

• Such conduct has the purpose or effect of


unreasonably interfering with an individual’s
work performance or creates an intimidating,
hostile, or offensive working environment.
(DoDD 1350.2, Glossary; AR 600-20, para 7-4a.)

Any person in a supervisory or command position who condones


any form of sexual behavior to control, influence, or affect the
career, pay, or job of a Military member or civilian employee is
engaging in sexual harassment. Similarly, any Military member or
civilian employee who makes deliberate or repeated unwelcome
verbal comments, gestures, or physical contact of a sexual nature
in the workplace is also engaging in sexual harassment.

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Glossary

Note: “Workplace” is an expansive term for Soldiers and may include


conduct on or off duty, 24 hours a day. (DoDD 1350.2; AR 600-20,
para 7-4a.)

Unrestricted Report. A process that an individual covered by


this policy uses to disclose, without requesting confidentiality
or Restricted Reporting, that he or she is the victim of a sexual
assault. Under these circumstances, the victim’s report provided
to healthcare personnel, the SARC, a SAPR VA, command
authorities, or other persons is reported to law enforcement and
may be used to initiate the official investigative process.

Victim. A person who has suffered direct physical, emotional,


or pecuniary harm as a result of the commission of a crime
committed in violation of the UCMJ, or in violation of the law
of another jurisdiction if any portion of the investigation is
conducted primarily by the DOD components. (AR 27-10, CH 17)

Victim/Witness Assistance Program. To lessen the hardships


suffered by a victim and/or witness of a crime investigated
by military, the Army’s Victim Witness Assistance Program
is available to do all that is possible to assist a victim and/or
witness of a crime. The program is also designed to foster the
full cooperation of a victim and/or witness while ensuring they
are advised of and accorded all rights reserved to victims and
witnesses. (AR 27-10, CH 17)
Witness. A person who has information or evidence about
a crime and provides that knowledge to a DOD component
concerning an offense within the component’s investigative
jurisdiction. When the witness is a minor, this term includes a
family member or legal guardian. The term “witness” does not
include a defense witness or any individual involved in the crime
as a perpetrator or accomplice. (AR 27-10, CH 17)

83 Version 1.1, OCT 13


www.PreventSexualAssault.army.mil

DoD Safe Helpline: 1-877-995-5247

Loyalty Duty Respect Selfless Service Honor Integrity Personal Courage

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