Report of

THE DEFENSE TASK FORCE

on

Sexual Harassment

& Violence

at the

Military Service Academies

June 2005

iii
iv
Table of Contents

Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES-1

Chapter 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Legislative Origin and Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Relevant Reports Concerning Sexual Misconduct and the Service Academies . . . . . . . . . . . . . . . . . . . . . . . . 3

Related Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Chapter 2: Confidentiality: More than a Victim’s Issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Chapter 3: Service Academy Culture: The Real Challenge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Chapter 4: Overview of Sexual Harassment and Assault Resources at the Academies . . . . . . . . . . . . . . . . . . 11

Victims’ Rights and Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Offender Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Data Collection and Case Management Tracking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Training and Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Coordination between Military and Civilian Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Preparatory Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Chapter 5: Task Force Findings and Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Service Academy Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Victims’ Rights and Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Offender Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Data Collection and Case Management Tracking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Training and Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Coordination between Military and Civilian Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Preparatory Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1

A. H.R.1588: National Defense Authorization Act for Fiscal Year 2004, Sec 526 . . . . . . . . . . . . . . . . . . A-1

B. Secretary of Defense Charge to Move Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-3

C. Data Call Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-5

D. Current Sex-Related Crimes Under the UCMJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-13

E. Center for Personal Development Informed Consent Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-16

F. Task Force Composition and Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-20

G. Glossary of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-22

H. Listing of Tables and Figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-23

Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N-1
ES-1

EXECUTIVE SUMMARY

Executive Summary

TASK FORCE CHARTER

The Task Force on Sexual Harassment and Violence at

the Military Service Academies was established on

September 23, 2004, pursuant to Section 526 of Public

Law 108-136, the National Defense Authorization Act for

Fiscal Year 2004. Congress directed the Task Force to

assess and make recommendations concerning how the

Departments of the Army and the Navy may more effectively address sexual harassment and assault at the United

States Military Academy and the United States Naval

Academy. The Task Force consists of six members from

the four branches of the Armed Forces and six members

from the civilian community.

METHODOLOGY

In creating this report the Task Force gathered information by conducting site visits; communicating with numerous individuals, including victims; reviewing the

Department of Defense survey data; reviewing Academy

and Service policies, reports, and data; consulting with

subject matter experts; and communicating with related

committees and task forces. The report was generated

through a series of subcommittee and full Task Force

meetings, a reference to the ecological model of public

health, and a thorough review of reports, studies, and articles related to sexual harassment and assault.

SERVICE ACADEMY CULTURE

The existence of sexual harassment and assault is an inherent contradiction to the spirit of the Academies that

strives to and succeeds in creating strong commitments to

honor and service. This contradiction is a product of complex and dynamic factors that influence the attitudes and

behaviors of cadets and midshipmen. Historically, sexual

harassment and sexual assault have been inadequately

addressed at both Academies. Harassment is the more

prevalent and corrosive problem, creating an environment

in which sexual assault is more likely to occur. Although

progress has been made, hostile attitudes and inappropriate actions toward women, and the toleration of these by

some cadets and midshipmen, continue to hinder the

establishment of a safe and professional environment in

which to prepare future military officers.

Much of the solution to preventing this behavior rests

with cadets and midshipmen themselves. They must

understand that the obligation not to engage in or tolerate

sexually harassing behavior is a values and leadership issue.

Sexual harassment and assault are fundamentally at odds

with the obligation of men and women in uniform to treat

all with dignity and respect. Those who seek to be future

leaders in the Armed Services are obligated to uphold

standards—not only in their own conduct but also in their

response to the conduct of others. Cadets and midshipmen who observe harassing behavior and fail to intervene

and correct it, in effect, condone that behavior. This tolerance, even if only by a few, of the attitudes demonstrated

by offenders, undermines the standards essential to successful leadership development. Accordingly, midshipmen

and cadets must assume more responsibility for holding

others accountable by intervening, confronting, and correcting each other for failure to live up to the required

standards.

The Task Force also found that because female service

members are a minority, are excluded from some of the

highly regarded combat specialties, and are held to different physical fitness standards, some in the Academy communities do not value women as highly as men.

Accordingly, the Task Force recommends: Increase the

number and visibility of female officers and NonCommissioned Officers (NCOs) in key positions to

serve as role models for both male and female cadets and

midshipmen. Increase the percentage of women cadets

and midshipmen at the Academies within current service

operational constraints. Ensure consistent opportunities

for women to be involved in leadership and Academy

decision making, e.g. academic boards and

admission boards.

The Task Force concludes the leadership, staff, faculty,

cadets and midshipmen must model behaviors that reflect

and positively convey the value of women in the military.

In addition we recommend the Academies use modern

survey and management tools on a permanent basis to

provide information to oversight bodies.

Executive Summary

This Executive Summary briefly highlights key findings and recommendations in this report.

For a full exposition of findings and recommendations, see Chapter 5.
Sexual Harassment & Violence at the Military Service Academies ES-2

CONFIDENTIALITY

Confidentiality is a complicated matter with numerous implications for both victims and commanders, as evidenced by the

extended debate within the Department of Defense prior to

the approval of the new confidentiality policy. Confidentiality,

as used in this report, refers to the privileged communications

between victims of sexual assault and specified care providers

and counselors. Confidentiality supports the provision of

timely and meaningful assistance to victims following a sexual

assault. Privileged communication, however, is an issue of

extreme importance for commanders, not just victims.

Commanders have principal responsibility for ensuring appropriate care of victims, as well as for investigating and holding

accountable those who have committed the related misconduct. In our view, commanders can do neither effectively without a privileged reporting and counseling channel in place.

The requirement that military medical facilities report cases of

sexual assault is but one example of the problems associated

with a lack of confidentiality under current military regulations. This requirement may inhibit a victim from seeking

necessary medical care and lessen the likelihood the victim will

report the assault. Accordingly, the Task Force recommends:

Congress should create a statutory privilege protecting communications made by victims of sexual assault to health care

providers and victim advocates. This privilege should extend

to both medical and mental health care providers and to those

victim advocates designated and trained to perform that duty

in a manner prescribed by DoD regulation.

VICTIMS’ RIGHTS AND SUPPORT

The Office of the Inspector General of the Department of

Defense’s Report on the Service Academy Sexual Assault and

Leadership Survey, published in 2005 (presenting data from

2004) stated that the majority of female victims of sexual

assault did not report because of fear of disclosure and the

resulting perceived ramifications. The Task Force recommends: Further maximize the use of existing and potential

avenues for victims’ support and reporting. Maximizing

avenues for victims’ support provides more options for disclosure; expands the ability to obtain support and care; and

assists in making informed decisions. Based on the guidelines provided in this report, the Academies should establish

a plan to implement the new DoD Sexual Assault Response

policy and protocol and submit their plan to the Services in

accordance with the statute. The Task Force recommends:

Provide training to all Academy personnel, to include cadets

and midshipmen, on the various reporting resources, the

level of confidentiality afforded to each, as well as treatment

available to victims. Finally: Ensure victims are informed of

and afforded their federally mandated rights.

OFFENDER ACCOUNTABILITY

At both Academies available records from the past ten

years reflect an extended period where alleged offenders

were not consistently or effectively held accountable

through the criminal justice system. The past two years

have witnessed improved efforts and limited success at

holding sexual assault offenders accountable through

courts-martial as well as administrative procedures.

Although the Task Force finds that the current programs

are greatly improved, a key obstacle to increasing accountability for rape and sexual assault is that current statutes,

though flexible, do not reflect the full spectrum of criminal sexual behaviors encountered at the military service

academies and society at large. Therefore, the Task Force

recommends that Congress revise the current sexual misconduct statutes to more clearly and comprehensively

address the full range of sexual misconduct. Further, to

facilitate the pretrial investigative process, the Task Force

recommends the amendment of Article 32 of the UCMJ

to permit commanders to close the proceedings to protect

the privacy of victims and alleged offenders.

TRAINING AND EDUCATION

Although the Academies have expended considerable

effort in developing their sexual harassment and assault

training and education programs, current format and

scheduling undermine their importance and continuity.

Programs are poorly designed, over-reliant on cadet and

midshipmen instructors, inconveniently scheduled, and

ineffective in conveying key concepts. In addition, faculty,

staff, and volunteers are inadequately trained on sexual

harassment and assault issues. Accordingly, the Task Force

recommends that classes addressing sexual harassment

and assault be graded, conducted during academic hours,

instructed by qualified faculty members, and incorporate a

variety of instructional methods. We also recommend the

Academies incorporate cadet and midshipmen education

on sexual harassment and assault into a mandatory academic graded curriculum that addresses these subjects in a

larger context of military leadership and/or ethics. These

programs should be integrated into the academic curriculum at various levels and progresses over the course of

cadets’ and midshipmen’s four-year career at the

Academies. In addition, the Academies need to establish

an effective training program for faculty, staff, sponsors,

and volunteers who work closely with cadets and midshipmen. All programs must be evaluated and updated on a

regular basis.
ES-3 Executive Summary

PREVENTION

At both Academies, sexual harassment and assault prevention program execution and management is fragmented

and inadequate. In order to change prevailing attitudes

and social norms we recommend that the Academies

develop an institutional sexual harassment and assault

prevention plan that is evaluated and updated annually.

In addition, the Task Force found that Tactical

Noncommissioned Officers and Senior Enlisted Leaders

are underutilized resources in the prevention of sexual

harassment and assault. Senior Noncommissioned Officer

and Senior Enlisted Leader duties need to be clearly

defined and provide for greater direct interaction and

involvement with cadets and midshipmen, particularly

during evening and weekend hours.

COORDINATION BETWEEN MILITARY

AND CIVILIAN COMMUNITIES

The insight from years of sexual assault reform in the

civilian community is that permanent solutions must be

community solutions. The Task Force finds that the

Academies have limited formal relationships with local

law enforcement and victim support agencies. The Task

Force recommends the Academies follow the DoD policy

regarding establishing collaborative relationships with

civilian authorities for sexual assault victim support.

Where informal relationships are more appropriate, the

Academies should endorse and validate these relationships through documentation.

CONCLUSION

The record of the two Academies, much like the record of

the Department of Defense, is one of sporadic and incomplete attempts to eliminate sexual harassment and assault.

Both the Naval and the Military Academies have made

progress in addressing these issues over the last several

years. The Academies need resources and support from

the Services, DoD, and Congress to ensure success. The

changes in law identified by this Task Force are a step in

that direction; good-faith efforts to implement Task Force

recommendations, as well as continued surveys and oversight, will keep the Academies moving forward. It is clear

to this Task Force that sexual harassment and assault is

not a “fix and forget” problem. What is needed now is a

long-term, sustained effort, not only by the leaders of the

Academies, but also by the cadets and midshipmen.

EXECUTIVE SUMMARY
1

Sexual Harassment & Violence at the Military Service Academies

METHODOLOGY

Figure 1 to the right depicts the process the

Task Force employed to gather information and

determine the findings and recommendations

presented in this report. The Task Force gathered information from as many diverse sources

as possible in order to assess the Academies’

current culture, policies, practices, and strategies

for measuring and addressing sexual harassment

and assault.

Chapter 1: Introduction

LEGISLATIVE ORIGINS AND REQUIREMENTS

The National Defense Authorization Act for Fiscal

Year 2004, Public Law 108-136, Section 526 (see

appendix A), directed the establishment of a Department

of Defense task force to assess and make recommendations concerning how the Departments of the Army and

the Navy may more effectively address sexual harassment

and violence at the United States Military Academy and

the United States Naval Academy. On June 7, 2004, the

Secretary of Defense issued a Charge to Move Forward

which ordered the Task Force to carry out Public Law

108-136 (see appendix B).

Congressional concern about sexual harassment and

assault1 at the Service Academies first led to formal action

in 1990, when the Senate Armed Services Committee

asked the Government Accounting Office (GAO) to

inquire into the treatment of service academy cadets and

midshipmen. In 1994 and 1995, the GAO testified and

subsequently issued formal reports on the subject.2

In response to the United States Air Force Academy’s sexual assault problems in 2003, Congress established a Panel,

chaired by former member of Congress Tillie K. Fowler, to

inquire into the issues at the Air Force Academy.3 Out of

concern about potentially similar problems at the US

Military Academy and the US Naval Academy, Congress mandated the establishment of this Task Force on

Sexual Harassment and Violence at the Military Service Academies. Pursuant to this mandate, Secretary of

Defense Rumsfeld directed the Task Force to consider the report of the Fowler Commission and the 2005 Report

of the DoD Inspector General (data from

2004; hereafter known as the 2004 DoD IG

Survey).4 The Task Force was established on

September 23, 2004, and consists of twelve

members. Six members were selected from

the four branches of the United States

Armed Forces, and six members were

selected from the civilian community.

Table 1: Definitions

Sexual Harassment - Sexual harassment has a well-defined

meaning within federal law. Specifically, sexual harassment is

“unwelcome sexual advances, requests for sexual favors, and

other verbal or physical conduct of a sexual nature constitute

sexual harassment when (1) submission to such conduct is

made either explicitly or implicitly a term or condition of an

individual’s employment (2) submission to or rejection of

such conduct by an individual is used as the basis for

employment decisions affecting such individual, or (3) such

conduct has the purpose or effect of unreasonably interfering

with an individual’s work performance or creating an

intimidating, hostile, or offensive working environment.”

Sexual Violence - Conversely, sexual violence is a term without a specific federal legal meaning. Sexual violence is a term

that is widely used by civilian advocates who seek to end all

violence against women or family violence and usually

denotes sexual acts of force that are against the will of the

victims. The term “sexual violence” is not used frequently

within the military community. Within the military community, the term sexual assault carries a more far-reaching

meaning that encompasses everything from violent sexual

acts such as rape, forcible sodomy, and assault with intent to

commit rape or sodomy, to indecent assault. While indecent

assault connotes violence, violence is not a prerequisite of the

crime. Indecent assault can be a mere sexual touching that

occurs without the consent of the person who is touched.
2

CHAPTER 1: INTRODUCTION

Introduction

Information Sources

Site Visits

The Task Force visited the Military Academy and Naval

Academy two times and each of the preparatory schools

once. Academy leaders, staff and faculty, victim service

providers,5 and personnel involved in the reporting and

adjudication process either briefed Task Force members or

were part of focus groups at the site visits. Academy

superintendents personally briefed the Task Force multiple

times. The members also held discussion groups with a

subset of commanders, faculty, staff, cadets and midshipmen, law enforcement personnel, investigators, legal personnel, and service providers made available by the

Academies.6 Task Force staff also made separate fact-finding visits to the Academies.

In addition, Task Force members visited the US Air Force

Academy7 and the US Coast Guard Academy8 to learn

about their current practices.

Communication from Individuals

To supplement group discussions on Academy grounds,

the Task Force provided multiple channels of input,

including private meetings, telephone conversations, and

e-mails. Members invited input through these alternate

channels at public meetings, on the Task Force website,

with direct invitations to victims of reported cases,

through distribution of contact information cards during

Academy visits, and through Academy websites and

e-mail distribution systems. Respondents included victims

who are current and former cadets and midshipmen.

Department of Defense Survey Data

The Task Force analyzed abbreviated results of the 2004

DoD IG survey of cadets and midshipmen prior to its

public release in March 2005. These data provided context

for and further understanding of the comments members

heard in discussion groups with smaller subsets of cadets

and midshipmen. Members examined the information for

statistical differences by Academy, by year group, and by

victim versus nonvictim status.

Academy and Service Policies, Reports,

and Data

On November 18, 2004, the Task Force submitted an

extensive data request to the Academies, the Department

of the Army, and the Department of the Navy for information pertaining to policies, reports, and practices relevant to sexual violence, harassment, and culture at the

Academies from January 1994 through December 31,

2004. A list of those requested materials is provided in

appendix C.

Consultation with Subject Matter Experts 

Experts in relevant subjects briefed the Task Force on sexual harassment, assault, and culture as well as the psychology and prosecution of sex offenders in civilian communities. Furthermore, the Task Force witnessed a demonstration of an exemplary education program cited as successful

at the Naval Academy and across civilian universities

nationwide.9 Task Force staff also gathered information at

the 2004 National Conference on Sexual Assault in Our

Schools, which included participation and presentations by

Academy leaders.

Communication with Related Committees

and Task Forces

The Task Force coordinated with and gathered additional

insights from other DoD groups addressing the issue of

sexual harassment and assault in the military, specifically

the Joint Committee on Military Justice and the Joint

Task Force on Sexual Assault Prevention and Response.

Report Generation

Subcommittee and Full Task Force Meetings

The Task Force met over a dozen times over the course of

nine months to gather information, analyze data, synthesize the data into findings, and create recommendations.

This iterative process ensured participation and agreement

from the diverse voices representing different stakeholder

groups within the Task Force.

Gap Analysis Using the Ecological Model10

Once the Task Force had agreed on the findings and recommendations, an analysis was performed based on the

ecological model of public health11, to find any gaps or

omissions.

Report Creation

The Task Force structured the report according to the

DoD Charge to Move Forward and its related statute

(found in appendices B and A). This Task Force carefully

considered both the charge and the statute in focusing and

structuring our discussion. We went back to our sources

for fact-checks prior to publication. In addition, while

each section of the report is meritorious, this Task Force

chose to vary the level of detail provided from section to

section in accordance with our judgment of need.
Review of Reports, Studies, and Articles Related to

Sexual Harassment and Violence 

The Task Force gathered and reviewed over one thousand

reports, studies, surveys, and articles dating back to 1987

in order to become familiar with the complex issues surrounding sexual harassment and assault. This information

is included in the Task Force archives.

RELEVANT REPORTS REGARDING

SEXUAL HARASSMENT AND VIOLENCE

AT THE SERVICE ACADEMIES

The history of sexual harassment and assault at the

Academies did not begin with the problems at the

Air Force Academy in 2002–2003. An incident at the

Naval Academy12 led to Congressional scrutiny in 1990.

Thereafter, Congress directed several efforts to address

the issue at all the military service academies, including

two reports on sexual harassment conducted by the

General Accounting Office, two investigations at the

Air Force Academy, and a related survey of all of the

service academies.

General Accounting Office – January 1994

The US General Accounting Office (GAO) Report to

Congressional Requesters, DoD Service Academies: More

Actions Needed to Eliminate Sexual Harassment, January

1994 assessed the Academies’ efforts toward eradicating

sexual harassment at their institutions. The GAO had two

objectives: (1) to determine the extent to which sexual

harassment occurred at the Academies, the forms it took,

and its effects on those subjected to it; and (2) to evaluate

the Academies’ efforts to eradicate sexual harassment.

The GAO found that while the Academies generally

complied with the minimum DoD requirements for sexual

harassment eradication programs, they did not meet the

goal of providing an environment free from sexual harassment. Although few cases of sexual harassment are formally reported, responses to GAO’s survey indicated that

between 93% and 97% of Academy women experienced at

least one form of sexual harassment during academic year

1991. The most common forms of harassment were

derogatory personal comments and comments that standards were lowered for women. Also noted was that neither of the Academies had developed usable trend data to

assess the effectiveness of their sexual harassment eradication programs.

To better achieve DoD’s goal of a sexual harassment–free

environment, GAO’s recommendations included (1) routine reviews of case files, student surveys, and focus groups

in order to gather and analyze data regarding the extent of

reported and unreported incidents of sexual harassment;

and (2) systematic evaluation of the effectiveness of sexual

harassment eradication programs on the basis of such data.

General Accounting Office – January 1995

Members of Congress asked the GAO to update the

1990–91 study for the 1993–94 academic year13. Overall,

the percentage of female students who indicated experiencing at least one of ten forms of sexual harassment on a

recurring basis was significantly higher than in the previous study. The earlier study found that 76% of women at

the Military Academy, 50% at the Naval Academy, and

59% at the Air Force Academy experienced some form of

harassment on a recurring basis. The 1993 to 1994 study

found that 80% of female Military Academy cadets, 70%

of female midshipmen, and 78% of females at the Air

Force Academy experienced the same. At all the

Academies the most common forms of harassment were

verbal or visual.

Male students at the Academies generally perceived an

improvement from the 1990–91 study in the atmosphere

for reporting sexual harassment. Conversely, there was no

statistically significant change among women in the perceived likelihood of positive consequences occurring after

reporting sexual harassment. The Air Force Academy

actually showed a decline in the perception among female

students that an offender would be appropriately punished

for sexual harassment. Women at the Academies also generally showed no change in the negative consequences

they thought were likely to occur as a result of reporting

sexual harassment. Given that there was no apparent

change in the perceptions of women regarding the negative consequences of reporting harassment, it is likely that

sexual harassment continued to be underreported.

Fowler Commission – September 2003

During the ten-year period from January 1, 1993 to

December 31, 2002, there were 142 allegations of sexual

assault at the U.S. Air Force Academy. On April 16, 2003,

the President signed Public Law 108-11, 2003

(Emergency War Time Supplemental Appropriations Act

of 2003) which, in Title V, §§501-503, established a panel

known as the Fowler Commission to review sexual misconduct allegations at the United States Air Force

Academy. Section 502 of the statute required the panel to

study the policies, management and organizational practices, and cultural elements of the Academy that were con3

Sexual Harassment & Violence at the Military Service Academies
ducive to allowing sexual misconduct, including sexual

assaults and rape, at the Academy.

The panel found that a failure in leadership helped create

an environment in which sexual assault became “a part of

life at the Academy.” The panel stated that the sexual

assault problems were real and continued to exist as of the

writing of its report in September 200314. The panel also

found indicators of problems in the institutional culture;

one in five responding male cadets did not believe that

women belong at the Academy.

After the panel published its report, the entire Fowler

Commission briefed key Congressional leaders. The Air

Force accepted all the findings of the Fowler Commission,

and all of the recommendations either have been implemented or are in the process of being implemented.

In Section 527 of the National Defense Authorization Act

of 2004, Congress, in an apparent endorsement of the

Fowler Commission recommendations, directed the

Superintendents of all the Service Academies to consider

the findings, conclusions, and recommendations of the

Fowler Commission.

DoD Inspector General Evaluation – December 2004

Based on requests from the Senate Governmental Affairs

Committee and the Senate Armed Services Committee,

the Inspector General of the Department of Defense conducted the “Evaluation of Sexual Assault, Reprisal, and

Related Leadership Challenges at the United States Air

Force Academy” from April 16, 2003 to December 3,

2004. This report focuses on accountability for the officers

who led the Air Force Academy during the ten-year period that preceded the events of 2002–2003. The report is

significant to this Task Force primarily because of its

attention to confidentiality: it crystallized the Inspector

General’s position that victim confidentiality was a barrier

to proper police investigation. The report specifically

found that an unauthorized policy of confidentiality at the

Air Force Academy hindered the Air Force’s Office of

Special Investigation’s investigative efforts. This policy,

approved by the Superintendent of the Academy, had not

been approved by the Department of the Air Force. The

Inspector General report is also critical of the amnesty

program that existed at the Air Force Academy, which is

relevant to the responsibilities of this Task Force.

DoD Inspector General Survey – Conducted 2004

Related to the requests described above, the Secretary of

Defense authorized a common survey of all three Service

Academies, entitled the Service Academy Sexual Assault

and Leadership Survey. This anonymous survey consisted

of five parts with the following titles: “Demographics,”

“Values,” “Academy Climate,” “Personal Experiences,” and

“Written Comments.” The purpose of this survey was to

assess cadet and midshipman values, academy climate,

scope of sexual harassment and sexual assault at each

Academy, and factors that affect reporting of sexual

assaults. The survey was also intended as a benchmark by

which Academy leaders, the Department’s senior leaders,

and members of Congress could measure success over

time. The Defense Manpower Data Center will conduct

the required annual assessments during academic years

2005 through 2008. The Academy preparatory schools

will be included in the surveys during academic years 200

through 2008.

In the initial survey15, the female cadets and midshipmen

reported 64 incidents of rape as well as 30 incidents of

forcible sodomy16. The details are expressed below in table 

Table 2:

In addition to the assaults reported above, the survey

reflected that over 50% of the women at the Academies

reported sexual harassment, which was primarily verbal.

RELATED EFFORTS

The Department of Defense and Congress are conductin

several initiatives related to this Task Force’s mission.

These initiatives were primarily triggered by reports of

misconduct from Iraq, but also reflect both the

Department of Defense and Congress’ rising concern tha

existing measures are ineffective at dealing with sexual

assaults.

4

CHAPTER 1: INTRODUCTION

Introductio

Experienced behavior against will

without consent USAFA USMA USNA

Total Incidents 92 111 99

Touched, stroked, or fondled private parts 54 60 62

Attempted sexual intercourse 30 45 25

Attempted oral or anal sex 5 9 13

Had sexual intercourse 23 20 21

Had oral sex 6 6 11

Had anal sex 3 2 2

Indicated 2 to 4 incidents 13 11 16

SOURCE: 2004 DoD IG Survey
Task Force on Care for Victims of Sexual Assault

Reports of sexual assault from the war zone in the Middle

East became a serious issue for the Department of

Defense during the initial stages of Operation Iraqi

Freedom. In response, Secretary of Defense Rumsfeld

appointed the Task Force on Care for Victims of Sexual

Assault, led by Ms. Ellen Embrey, in February 2004. It

was tasked to inquire into the handling of alleged victims

of sexual assault throughout the Department of Defense.

Within ninety days this Task Force reported to the

Secretary and proposed an agenda that led to major

changes in defense policy.17

Two primary findings of the Task Force were that DoD

had no effective policy relating to sexual assault and that

DoD did not have a common definition of terms permitting the necessary level of discourse on the subject.

A key recommendation was for the Secretary to establish a

single point of accountability for policy relating to sexual

assault. The Task Force also proposed an agenda for

resolving the shortcomings of the existing departmental

programs and policies.

Joint Task Force on Sexual Assault Prevention

and Response

In October 2004 Secretary of Defense Rumsfeld established the Joint Task Force on Sexual Assault Prevention

and Response ( JTF-SAPR) to serve as the temporary single point of accountability on sexual assault matters within

DoD. The task force, led by Air Force Brigadier General

K.C. McClain, had two principal missions. First, the task

force was to implement Public Law 108-375, the Ronald

W. Reagan National Defense Authorization Act for 2005.

Among other requirements, this act required the

Department of Defense to establish comprehensive sexual

assault policies by January 1, 2005. Second, the task force

was required to implement the recommendations of the

Task Force on Care for Victims of Sexual Assault,

discussed above.

JTF-SAPR issued a series of policy memoranda dealing

with topics relating to sexual assault. Ten of eleven policy

memoranda were in place by January 1, 2005, addressing

all but one major policy issue. Key issues addressed were 

★ establishing a common definition of sexual assault,

★ establishing a response capability in cases of sexual 

assault,

★ establishing standards for training on sexual assault,

and 

★ establishing standards for improved sexual assault

victim care.

The remaining issue, confidentiality for victims of sexual

assault, was resolved on March 16, 2005, by Deputy

Secretary of Defense Wolfowitz after sixteen months of

debate within the Department of Defense. This resolution

permits confidential access to medical care and support,

but does not protect victim confidentiality once the victim

reports the offense to law enforcement authorities.

The remaining task for JTF-SAPR is consolidating the

policy memoranda into a Department of Defense directive. Among other tasks, this directive should address sexual assault policy and establish a permanent office within

the Office of the Secretary of Defense to implement and

monitor compliance with the directive. JTF-SAPR is

scheduled to expire upon completion of these tasks in

October 2005.

Joint Services Committee on Military Justice

Section 571 of the 2005 DoD Authorization Act required

the Secretary of Defense to review the Uniform Code of

Military Justice and the Manual for Courts-Martial to

improve the military justice system’s ability to address sexual assault issues and conform more closely to other federal laws and regulations of such issues.

This responsibility devolved to the Joint Services

Committee on Military Justice. This committee, which

consists of the senior judge advocates of the Army, Navy,

Marine Corps, Air Force, and Coast Guard, proposed

improvements to the Uniform Code of Military Justice

establishing the new offense of stalking. The Joint Services

Committee did not propose revisions to the Uniform

Code of Military Justice conforming military sexual

assault law to federal laws, choosing instead to propose

some substantial revisions to the Manual for CourtsMartial. Whether these proposals are responsive to the

Congressional requirement is unresolved. However, the

proposals address neither the issue of confidentiality nor of

sexual intercourse without consent where force is not

involved.

5

Sexual Harassment & Violence at the Military Service Academies
Forensic Evidence Reforms

The 2005 Department of Defense Authorization Act,

Section 573, requires the Secretary of Defense to substantially improve procedures relating to the use and availability of forensic evidence in sexual assault cases. Of particular significance is the legislative direction to ensure that

the United States Army Criminal Investigation

Laboratory, which processes forensic evidence for the

entire DoD, has sufficient personnel and resources to

process all such evidence within 60 days of receipt.

Compliance with this provision will remove a substantial

roadblock to successful sexual assault prosecutions. As of

October 2004, when Section 573 was enacted, the United

States Army Criminal Investigative Laboratory’s processing time for cases involving DNA analysis was 140 days

per case. As of March 31, 2005, that time had been

reduced to 89 days per case. In addition, the backlog of

DNA cases has been reduced from 240 to 145.

While progress has been notable, it is not clear whether

these reforms will meet the legal requirement established

in the 2004 DoD Authorization Act. Although the Army

has committed substantial resources,18 the requirement for

DNA analysis has doubled over the past four years due to

the increasing utility of DNA analysis in many areas of

criminal law. Recent technological breakthroughs enable

more thorough and more useful analyses, but the process

remains a time-consuming exercise requiring skilled analytical judgment.

6

CHAPTER 1: INTRODUCTION

Introduction
It is undisputed that sexual assault at the military service

academies, just as in the military and civilian communities,

is a grossly underreported crime.20 Among other factors,

the extraordinarily unique psychological as well as physical

impacts of these crimes understandably cause victims to be

reluctant to report. These cases require a range of carefully

considered actions—including special investigative and

prosecutorial measures—that accommodate these conditions. One essential action is granting the option of confidentiality so that victims may seek help immediately without fear that the entire experience will become a public

matter over which they have no control. When the experience becomes a public matter in this way, the victim’s trauma is only compounded.

Confidentiality enables timely and meaningful assistance

to victims following a sexual assault. Privileged communication, however, is an issue of extreme importance for

commanders, not just victims. Commanders have principal

responsibility for ensuring appropriate care of victims, as

well as for investigating and holding accountable those

who have committed the related misconduct. In our view,

commanders can do neither effectively without a privileged reporting and counseling channel in place.

The option of confidentiality does not make this approach

“victim-centric” to the exclusion of the needs and responsibilities of commanders. Rather, it will give commanders

a far better opportunity to both take care of victims as well

as investigate offenders and hold them accountable.

Commanders cannot do either if they do not receive the

information needed in a timely way. Extensive past experience shows that commanders will rarely receive critical

information without an option for privileged reporting.

The “Confidential Reporting Policy for Victims of Sexual

Assault” set forth in the draft Department of Defense

Directive on the DoD Sexual Assault Prevention and

Response Program is a positive step on this issue. The Task

Force believes, however, that the policy’s provisions for

“restricted reporting” do not go far enough. In the Task

Force’s view, meaningful confidential counseling for sexual

assault victims requires the establishment in law of privileged communications between victims and specified care

providers and counselors.

The sections that follow discuss the issue of confidentiality

and its need in greater detail. To fully appreciate those

discussions, however, the Task Force underscores the reach

of confidentiality and that it is not solely a victim’s issue.

7

Sexual Harassment & Violence at the Military Service Academies

Chapter 2:Confidentiality: More than a Victim’s Issue

I

n this chapter the Task Force has given special attention to confidentiality because it is key to addressing the

issue of sexual harassment and assault. Confidentiality is a complicated matter with numerous implications for

both victims and commanders, as evidenced by the extended debate within the Department of Defense prior to

the approval of the new confidentiality policy. Confidentiality, as used in this regard by the Task Force, refers to

the privileged communications between victims of sexual assault and specified care providers and counselors.19
INTRODUCTION

The United States Military and Naval Academies have

similar cultures, defined by long-standing traditions and

values shared with their respective Services. Both institutions seek to instill in their graduates the character the

nation demands of its military leaders, as captured in their

respective mottoes: “Duty, Honor, Country” for the

Military Academy and “Honor, Courage, Commitment” for

the Naval Academy. The Academies must transform young

men and women, the majority of whom are coming directly

from high school and possess characteristics common to

young adults in American society, into military leaders who

will be responsible for the lives of those in their charge. To

do this requires an intensely disciplined education and

training environment that addresses intellectual, emotional,

moral, spiritual, and physical development over the course

of four years. The evidence that the Academies successfully

meet these challenges is the demonstrated performance of

the vast majority of graduates.

Why then, with such high-quality youth and high standards of discipline, do acts of sexual harassment and sexual

assaults still occur—conduct at odds not just with these

high standards but also with minimally acceptable standards of behavior? The answer is the product of complex

factors, some of which the Academies’ leadership have

limited control over but must manage and others which

the Academies can influence. Realizing there are many

influences that shape a culture, the Task Force has identified eight factors we found especially relevant to sexual

harassment and assault.

FACTOR A: UNDERSTANDING THE

VALUE OF WOMEN TO THE MILITARY

The role of women in the Services changed and expanded

to meet the needs of the Services. For the all-volunteer

force to succeed, the Services needed high-quality personnel, and women were a relatively untapped source of intellect, discipline, dedication, and leadership. The expansion

of women’s roles was a carefully crafted strategy based on

operational requirements, not on equal opportunity or

political correctness. Unfortunately, many cadets and midshipmen today often misunderstand this point. This lack

of understanding can contribute to a culture that diminishes the regard given to women and leads to questioning

their presence at the Academies.21 In turn, this diminished

regard leaves open the possibility of harassment.

FACTOR B: THE IMPACT OF

YOUTH CULTURE

The Academies must also contend with the clash between

youth culture and the highly disciplined military culture

needed to train future leaders. Those entering the

Academies are still developing relationally, morally, spiritually, and intellectually. American youth today generally

have casual attitudes toward sexual activities, underage and

reckless alcohol use, and illegal drug use.22 Additionally,

some young people have been exposed to sexual harassment and/or assault prior to their matriculation to the

Academies.23 While these attitudes and experiences alone

do not cause sexual assault, they may contribute to poor

judgment, lowered inhibitions, and increased aggression

and/or vulnerability to sexual assault. Alcohol is a particularly acute contributor24; the majority of sexual assaults at

both Academies involve alcohol to some degree.25

FACTOR C: ADHERENCE TO RULES AND

REGULATIONS

Like other military organizations, the Academies regulate

many aspects of cadet and midshipmen’s lives. The highly

regulated environment runs counter to prevailing

American youth culture and the Academies are not always

successful in communicating the rationale behind these

regulations. Recent data developed by the Department of

Defense Inspector General reflects that nearly half of

cadets and midshipmen would violate significant Academy

rules if they knew they would not get caught.26 Often

cadets and midshipmen make their own judgments about

compliance because they do not understand or choose to

ignore the relevance, value, and need of these regulations,

especially those appearing to relate only to the unique

disciplinary requirements of the Academies. While such

attitudes do not excuse or explain incidents of sexual

assault, they may explain why regulations prohibiting less

serious but unquestionably harassing behavior are not

given due regard.

8

CHAPTER 3: SERVICE ACADEMY CULTURE: THE REAL CHALLENGE

Service Academy Culture: The Real Challenge

Chapter 3:Service Academy Culture: The Real Challenge

I

n this chapter the Task Force highlights service academy culture because of its significant impact on sexual

harassment and assault.
FACTOR D: DEFINING HONOR AND

HONORABLE CONDUCT

Where the honor code is involved, the antiauthoritarian

attitude described above is substantially diminished. More

than three-quarters of cadets and midshipmen strongly

agree to adhere to the honor concept even when they

know they will not get caught violating it.27 The

Academies, then, have successfully imbued in the substantial majority of cadets and midshipmen the importance of

the virtue of trustworthiness exemplified by a leader who

does not “lie, cheat, or steal.” The honorable behavior

expected of a leader of character, however, incorporates

standards of personal and professional conduct that go

beyond these limited proscriptions. Honorable behavior

must reflect other essential institutional values—to include

respect for human dignity. The challenge for the

Academies is to elevate the importance of institutional

values fundamental to honorable behavior to a level comparable to that of honor as understood and appreciated by

cadets and midshipmen.

FACTOR E: PEER LOYALTIES

Peer loyalty is a valued principle actively developed by the

Academies. This attribute is positive unless it overrides the

obligation to correct improper behavior. Peer loyalty

expectations can cause cadets and midshipmen to ignore

problematic behavior or explain it away as harmless.

Cadets and midshipmen may not understand that their

duty as leaders to not engage in sexually harassing behavior, or tolerate those who do, overrides any obligation of

peer loyalty.28 Misplaced peer loyalty is detrimental to

changing a “bystander” attitude and to encouraging cadets

or midshipmen to correct, report, and/or discipline a peer,

especially in the case of sexual harassment.

FACTOR F: REPORTING BACKLASH

In the 2004 DoD IG Survey, 36% of female victims of

sexual assault at the Military Academy and 26% of the

female victims at the Naval Academy indicated they did

not report the assault because they “feared ostracism,

harassment, or ridicule by peers.”29 The Academies are

small, enclosed communities, which further intensifies the

impact of a negative response from peers for an age group

already highly sensitive to peer opinion. Furthermore, the

environment is highly competitive, and peers participate in

ranking one another’s military aptitude, which in turn

influences student rankings and career opportunities upon

graduation. Academy leadership must continue efforts to

counter the negative consequences of reporting harassment or assault so they can correct “blame-the-victim”

attitudes and hold accountable those who perpetuate the

backlash to reporting.

FACTOR G: POWER AND AUTHORITY

Power is highly correlated with abuse.30 Experience in the

military services has demonstrated that this phenomenon

has no cultural, gender, or racial boundaries. Research has

established that sexual harassment and abuse are highly

correlated with power—be it the power of position, grade,

or physical strength.31 The Academies develop young officers’ ability to exercise their power and authority properly

through instruction and actual experience. At the military

academies, this objective is achieved by placing senior

cadets and midshipmen in charge of their junior peers,

whereby they learn to motivate, shape, lead, and work with

subordinates. Proper training, oversight, and coaching will

ensure that newly empowered individuals do not misuse or

abuse their authority. Leaders must have an appreciation

of the responsibilities that accompany power, and respect

the trust the institution has placed in them.

FACTOR H: ATTITUDES ON GENDER

DISPARITIES

There are at least three prominent factors related to the

needs of the Services that lead to the differing treatment

of men and women at the Academies. First, women comprise only 15%–17% of the student population.32 Second,

women are excluded from some combat specialties.33

Third, there are differing physical standards for men and

women at the Academies, which parallel the standards in

the services. These distinctions are further accentuated by

a male-dominated history at the Academies and a predominantly male faculty and staff.34 Some in the

Academy communities do not value women as highly as

men because female service members are a minority, are

excluded from some of the highly regarded combat specialties and are held to different physical fitness standards.

When women are devalued, the likelihood of harassing

and even abusive behavior increases.35

9

Sexual Harassment & Violence at the Military Service Academies
CONCLUSION

Academy culture is shaped by all those who live and serve

it, past and present. The existence of sexual harassment

and assault is a contradiction in institutions that strive to

and succeed in creating a strong commitment to honor

and service. This contradiction is a product of complex

and dynamic factors that influence the attitudes and

behaviors of cadets and midshipmen. The solution to preventing this behavior, in large measure, lies with cadets

and midshipmen themselves. They must understand that

the obligation not to engage in or tolerate sexually harassing behavior is not a regulatory issue but a values and

leadership issue. Sexual harassment and assault are values

issues because they are fundamentally at odds with the

obligation of men and women in uniform to treat all with

dignity and respect. They are leadership issues because

those who seek to be future leaders in the Armed Services

are obligated to uphold standards—not only in their own

conduct but also in their response to the conduct of others. Cadets and midshipmen who observe harassing

behavior and fail to intervene in effect condone and

express approval of that behavior. This tolerance of the

attitudes demonstrated by even a few offenders undermines the standards essential to successful leadership

development.

From an institutional standpoint, Academy leaders must

continue to underscore this responsibility in cadets and

midshipmen through the leadership-development and

respect programs, while remaining aware of current youth

culture. In particular, they should replicate their success in

instilling exceptional regard for the honor code as they

cultivate other essential professional values.

10

CHAPTER 3: SERVICE ACADEMY CULTURE: THE REAL CHALLENGE

Service Academy Culture: The Real Challenge
VICTIMS’ RIGHTS AND SUPPORT

This section describes issues associated with the

Academies’ responses to victims of sexual assault,

including

★ victims’ care,

★ victims’ rights,

★ confidentiality,

★ safety and protection, and

★ collateral offenses.

This section describes the various support bodies that are

available, their locations, resources, and responsibilities.

While not identical, both Academies utilize multifaceted

approaches to provide multiple avenues for victims’ care.

These support bodies consist of both women and men and

both civilian and military personnel.

Victims’ Care at the Military Academy

Chain of Command Coordination:

Sexual assault response procedures — The US Military

Academy has a policy for institutional response to sexual

assault that is focused on victim advocacy and centered on

the chain of command. A Cadet Health Promotion and

Wellness Council (CHPWC) examines relevant issues to

adopt best practices for treatment of victims. The

resources employed to assist victims include victim advocates, psychotherapists, Criminal Investigative Command

(CID), staff judge advocates, chain of command, chaplains, and medical personnel. These resources, through the

Tactical Officer/Tactical Non-Commissioned Officer,

coordinate actions and meet monthly, as per MEDCOM

Regulation 40-36, to review the handling of each case.36

Tactical Officers/Tactical Noncommissioned Officers (TAC

NCOs) — Tactical Officers and TAC NCOs are the designated focal point for coordination of on-post victim services and are responsible for notifying (1) the Center for

Personal Development (CPD) psychotherapist and Victim

Advocate for direct victim assistance, (2) the Criminal

Investigative Command to begin an investigation, and (3)

the Staff Judge Advocate for legal oversight.

Respect Program — The Military Academy, under the

Simon Center for the Professional Military Ethic (SCPME),

implemented the Respect Program Advisory Council

(RPAC) in 1992. The RPAC serves as the liaison between

the Corps of Cadets and Commandant in dealing with issues

of character development. Among a wide range of topics,

RPAC addresses the prevention of sexual assault and harassment, informing cadets of resources available and their

responsibility to prevent unacceptable behavior. A male active

duty officer currently serves as the Respect Chairperson, and

a female active duty officer serves as the Special Assistant for

Respect. A male active duty enlisted member is the Equal

Opportunity Advisor for the cadets. Selected cadets serve as

Regimental and Company Respect Representatives.

Spiritual, Mental, and Physical Support:

Chaplains — There are nine active duty male chaplains

and one female GS-12 civilian chaplain who are designated to serve the cadet population.37

Psychotherapists — Until 2004, the social workers at

Community Mental Health Services (CMHS) at Keller

Army Community Hospital (KACH) were the primary

11

Sexual Harassment & Violence at the Military Service Academies

Chapter 4: Overview of Sexual Harassment and

Assault Resources at the Academies

The Task Force chose to address the topic of sexual harassment and assault in six categories: (1) victims’ rights

and support, (2) offender accountability, (3) data collection and case management tracking, (4) education

and training, (5) prevention, and (6) coordination between military and civilian communities. What follows in

this section is a summary of requirements and policies as of December 2004.
providers of care for victims of sexual assault. Currently,

CPD is the primary mental health facility on post for

cadets, and it has four psychologists: one female military,

one female civilian, one male military, and one male civilian. All four psychologists serve as Victim Advocates.38

Medical — Cadets routinely use the Cadet Health Clinic

for sick call, but can also report sexual assaults there.

Currently the primary designee is a female civilian

OB/GYN provider.39 If a Sexual Assault Forensic Exam

(SAFE) exam is necessary, victims are escorted to Keller

Army Community Hospital for the procedure, which is

performed by a qualified physician.

Military Justice:

Office of the Staff Judge Advocate — The Military

Academy Staff Judge Advocate (SJA) employs four civilian

attorneys and twelve active duty Judge Advocate General

( JAG) officers, supported by military and civilian paralegals. When there is a sexual assault, the victim is assigned

to one of three prosecutors who are responsible for ensuring that the victim and witnesses are afforded their rights

until there is resolution to the case. There are also three

attorneys available to provide cadets with personal noncriminal legal assistance and services.40

Criminal Investigative Command — The Criminal

Investigative Command (CID) investigates Army felony

offenses. CID investigates cadets and all active duty soldiers accused of violating the Uniform Code of Military

Justice within its jurisdiction. The CID office at the

Military Academy has a staff of three male military

Special Agents and is located within the same building as

the Military Police.41

Victim Witness Coordinator — The position of Victim

Witness Coordinator is currently assigned as a collateral

duty to a civilian female paralegal who works at the

Academy. The Victim Witness Coordinator is responsible

for ensuring that victims’ and witnesses’ rights are

accorded them from the start of an investigation until the

case is resolved.42

Victims’ Care at the US Naval Academy

Chain-of-Command Coordination:

Sexual Harassment, Misconduct, and Assault Prevention

and Response Program Office — In 2004, in an effort to

bring all component activities related to sexual harassment

and assault under a single umbrella, the Naval Academy

established the Sexual Harassment, Misconduct, and

Assault Prevention and Response Program Office.

Currently, the position of Program Manager is held by a

female Navy Captain who reports directly to the

Superintendent. The Program Manager directly supervises

two full-time officers: one Training Coordinator and one JAG

who serves as the Legal Representative. She is also responsible for indirect supervision of a full-time Brigade Sexual

Assault Victim Intervention (SAVI) Program Coordinator

and a collateral duty faculty/staff SAVI Coordinator.43 All

these positions are presently filled by women.

Sexual Assault Victim Intervention Program — The

Sexual Assault Victim Intervention (SAVI) Program is a

Naval Academy adaptation of a Navy-wide program to

assist victims of sexual assault. Currently, the SAVI

Coordinator is an active duty female officer responsible for

managing the SAVI Advocates and SAVI GUIDEs. SAVI

Advocates are officers and senior enlisted personnel on the

staff who are trained to assist victims of an assault. SAVI

GUIDEs are midshipmen who are trained to serve as peer

resources.44

Command Managed Equal Opportunity Program —

Currently, the Brigade Command Managed Equal

Opportunity (CMEO) Program is administered by an

active duty female officer. She is responsible for the training of midshipmen regarding sexual harassment issues and

is the primary point of contact for midshipmen harassment complaints. She also oversees the midshipman

Human Education Resource Officer(HERO) Program, in

which midshipmen are educated in human relations issues.

Company Officers and Senior Enlisted Leaders —

Company Officers and Senior Enlisted Leaders are located within each company and interact with the midshipmen on a daily basis.

12

CHAPTER 4: OVERVIEW OF SEXUAL HARASSMENT AND ASSAULT RESOURCES AT THE ACADEMIES

Victims’ Rights and Support
Spiritual, Mental, and Physical Support:

Chaplains — There are currently five male and one female

active duty chaplains with offices located in the Battalion

living space.

Psychotherapists — The Naval Academy has two mental

health resources on the Yard where victims of sexual

assault can obtain counseling. The Midshipmen

Development Center (MDC) consists of two male active

duty psychologists and one female civilian psychotherapist.

The Mental Health Clinic is part of the Naval Medical

Clinic Annapolis. It is composed of two psychologists,

currently one civilian female and one active duty female,

who provide counseling services to midshipmen, active

duty personnel, and dependent personnel.45

Medical — The Brigade Medical Clinic, located within

Bancroft Hall, provides basic medical care to all midshipmen during daytime hours and as needed during other

hours. The Brigade Medical Clinic is part of Naval

Medical Clinic Annapolis (NMCLA), which is also located on the Yard. NMCLA serves midshipmen, active duty

service members, dependents, and retirees. SAFE exams

are not performed at either clinic. They are performed at

two local civilian hospitals, which are five and fifteen miles

away from Academy grounds.

Fleet and Family Support Center — The Fleet and Family

Support Center is at Naval Station Annapolis and can

provide counseling services for midshipmen, other active

duty service members, and their family members.

Military Justice:

Trial Counsel — There is one full-time active duty female

JAG from the Naval Legal Service Office North Central

in Washington DC, whose primary office is on Naval

Academy grounds. This individual provides legal assistance and defense counseling services and may be appointed as a defense counsel for courts-martial. Prosecutors are

provided from a separate command, the Trial Service

Office Northeast, located at the Washington Navy Yard,

Washington DC. The Legal Assistance attorneys, from

the Naval Legal Service Office North Central in

Washington DC, are available to provide privileged legal

counseling services to midshipmen if additional resources

are necessary.46

Naval Criminal Investigative Services — Located on

Academy grounds, Naval Criminal Investigative Services

(NCIS) investigates felony offenses. This field office consists of three civilian Special Agents, currently two males

and one female, and a female civilian Administrative

Agent.47

Victim Witness Coordinator — In September 2004, the

Victim Witness Coordinator position ceased to be a collateral duty of the Commandant’s Legal Advisor and

became a full-time position of the Legal Representative at

the Naval Academy Sexual Harassment, Misconduct, and

Assault Prevention and Response Program Office.

Currently, the Victim Witness Coordinator is a military

female officer. The Victim Witness Coordinator advises

victims of their rights in the investigative and legal

processes, consults with the victims on their wishes

regarding these processes, and keeps them informed of the

progress of the case.48

Victims’ Rights at the Military and Naval Academies

Under federal law, DoD Directive 1030.1 (“Victim and

Witness Assistance”), and DoD Instruction 1030.2

(“Victim and Witness Assistance Procedures”), victims

have been accorded certain rights, specifically to

★ be treated with fairness and with respect for dignity

and privacy;

★ be reasonably protected from the accused offender;

★ be notified of all court proceedings;

★ 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 testimony at trial;

★ confer with the government attorney in the case;

★ receive available restitution; and 

★ be provided information about conviction, sentencing,

imprisonment, and release of the offender.

Army and Navy policies direct that victims and witnesses

be given their rights at the earliest opportunity during the

investigation of a crime. Victim Witness Coordinators are

responsible for ensuring victims are accorded their federally mandated rights, kept informed of the status of the

case, understand the resources available to them throughout the process, and are assisted in the enforcement of

their rights.49

13

Sexual Harassment & Violence at the Military Service Academies
Confidentiality

Confidentiality, as that term is used in this regard, refers

to communications made by a victim that are protected by

law from disclosure absent the victim’s consent. The victim

holds this “privilege” and the courts and those professionals to whom the communications were made must respect

the victim’s privilege. The Military Rules of Evidence

(MREs) define what privileges exist in the military services. At present, only chaplains, lawyers, and psychotherapists may receive confidential communications, and those

communications are protected by law, except to the degree

the law may have provided for exceptions. Chaplains have

absolute confidentiality, meaning there are no exceptions

to the chaplain-penitent privilege. The lawyer-client and

psychotherapist-patient privilege are subject to some

exceptions.

A confidential communication could include a victim’s

disclosure to a lawyer or the lawyer’s assistant or paralegal

to obtain services, and that communication is protected

under the lawyer-client privilege. However, if the communication is made in a public place where it can be overheard by others or is made in front of persons not authorized to receive confidential communications, then it is not

protected and not considered confidential.

Under MRE 513, psychotherapists are afforded limited

confidentiality.50 Information contained in medical and

mental health records of cadets and midshipmen may be

accessed by the commanders in certain circumstances.

Personnel from the chain of command, medical personnel,

the Victim Witness Assistance Program, and Investigative

Services are afforded no confidentiality under military law,

and are required to report the incident.51

The Superintendent of the Naval Academy established

policy that affords certain SAVI personnel, specifically the

Brigade SAVI Coordinator and midshipmen SAVI

GUIDEs, limited confidentiality.52 This grant of confidentiality is not afforded under federal law.53

Safety and Protection

Both the Military Academy and the Naval Academy have

taken a number of actions to ensure the safety of cadets

and midshipmen. They

★ permit students to lock their doors;54

★ issue password-protected computers;55 and

★ encourage the use of the “buddy system.”56

If a sexual assault occurs, the Military Academy and Naval

Academy can take additional steps to ensure the safety of

the victim. They can

★ issue no contact/military protective orders;57

★ move the accused and/or the victim to separate companies (with victim consent);58

★ assign a Victim Advocate.59

In addition, the Naval Academy has the capability of

moving the accused off Academy grounds until resolution

of the case.60

Collateral Offenses

At both Academies, offenses committed by a victim or

witness at or around the time of the alleged sexual assault

are termed “collateral misconduct” or “collateral offenses.”

Collateral misconduct refers to behavior that is a crime

under the UCMJ or a violation of Service or Academy

regulations. Self-reported violations, such as alcohol

offenses or prior consensual sexual misconduct (sex in the

dorms), that are factually related to the assault are typical

examples. Both Academies have implemented policies for

dealing with instances of collateral misconduct.61

OFFENDER ACCOUNTABILITY

Both Academies employ a variety of disciplinary mechanisms, judicial, nonjudicial, and administrative, to hold

offenders accountable for sexual misconduct. (Please see

the figure 4 below for an abbreviated view of the adjudication process.)62 DoD surveys have determined that reporting rates for sexual assault at the Academies are relatively

low.63 For this and other reasons, the criminal prosecution

and conviction rates are correspondingly low.64 Over a ten14

CHAPTER 4: OVERVIEW OF SEXUAL HARASSMENT AND ASSAULT RESOURCES AT THE ACADEMIES

Offender Accountability
year period beginning in 1994, the Military Academy

convened five courts-martial and secured three convictions

in sex-related criminal cases.65 The Naval Academy had

one court-martial and conviction in that same ten-year

period.66 Many of the reported cases were resolved

without the court-martial process because the Academies

have other nonjudicial options at their disposal.

Among those, involuntary administrative separation is

routinely used to address cases of sexual assault and

other sexual misconduct.

The Academies do not compile comprehensive statistics on

sexual harassment cases. The disposition of these cases

depends on the severity and nature of the harassment.

Reported cases are handled in the same way sexual assault

and other misconduct cases are handled. Anything from

informal counseling to a court-martial may be appropriate

depending upon the severity and nature of the misconduct.67

Investigative/Court-Martial Process

At the investigative and pretrial stages, there are some

minor differences in the way each Academy proceeds.68

At the judicial stage, the processes for both the Naval

Academy and Military Academy are essentially identical

because both institutions use the law and procedures

established by Congress in the Uniform Code of Military

Justice and further refined by the President in the Manual

for Courts-Martial. In practice the processes used at the

Academies are virtually identical to those used by the

Army and Navy in the field.

Current Military Law

The UCMJ covers a wide range of sex-related crimes for

prosecution (i.e., rape, carnal knowledge, sodomy, indecent

assault, indecent acts or liberties with a child, indecent

exposure, indecent language, indecent acts with another,

pandering, prostitution, adultery, and bigamy). Although

virtually all sexual misconduct can be charged under the

current code, not all sexual offenses are easily prosecutable.

For instance, the rape statute used by the military services,

Article 120, has remained essentially unchanged since the

adoption of the Uniform Code of Military Justice

(UCMJ) in 1950 and requires proof that intercourse

occurred by force and without consent.

69 However, the most

common type of sexual assault cases reported at the

Academies are “acquaintance rape” or “date rape,” which

usually do not involve the use of force necessary to obtain

a conviction. In addition, because many victims do not

suffer visible physical harm and do not defend themselves

by using physical force against offenders, juries are reluctant to brand offenders with the harsh stigma associated

with a rape or sexual assault conviction. To remedy this

problem, most states (forty-six out of fifty), the District

of Columbia, and the federal government have revised

their sexual assault and rape statutes to more comprehensively reflect the range of commonly encountered contemporary sex crimes. A list of the current sex-related

crimes under the Uniform Code of Military Justice,

including Article 120, “Rape and Carnal Knowledge,” is

found in appendix D.

Defense Counsel

The accused has rights that must be protected, the most

important of which is the right to counsel.70 The Naval

Academy has a full-time, permanently assigned defense

counsel.71 This person consults with and, if necessary,

defends midshipmen accused of crimes, honor violations,

and other misconduct. The Military Academy does not

have an on-site defense counsel. Cadets requiring advice

from an attorney are referred to the legal assistance office,

where an attorney will provide counsel and assistance

until criminal charges are actually preferred. At that

point, the accused will be assigned an attorney from Fort

Drum, New York. Fort Drum is six hours away from

West Point by car, so initial consultations are conducted

via telephone and any in-person meetings require

overnight travel of the attorney.

Permanent Records of Alleged Misconduct

Under current guidelines and practice, military investigative agencies may establish a formal record of an allegation of criminal misconduct based on a determination by

an investigative agent that the information is “credible.”

This determination is referred to as “indexing” (or informally in the Army as “titling”). Even if no disciplinary

action is taken in the case, and even if an accused is

acquitted in court, this indexing record and allegation

will be maintained permanently with only limited provisions for removal or correction. In practice, this information may be used later for official purposes other than

law enforcement.

15

Sexual Harassment & Violence at the Military Service Academies
DATA COLLECTION AND CASE

MANAGEMENT TRACKING

Neither Academy has an adequate long-term data collection or case management and tracking system that allows

for tracking and analysis. Each school began tracking and

collecting data more thoroughly in recent years, but the

systems have not been institutionalized. The military service academies are not subject to Title IX72 or the Clery

Act,73 which impose certain obligations on civilian universities, including a requirement to track and report crime

statistics publicly. In November 2004, the Department of

Defense issued a new policy memorandum establishing

new reporting requirements for the services to track sexual

assault cases. The new policy applies to the military service

academies and requires them to track and report information on reported sexual assaults.

Defense Incident Based Reporting System (DIBRS)

The Defense Incident Based Reporting System is a data

collection system designed to provide a standardized data

repository and reporting system for criminal offenses and

other high-interest issues for the Defense Department.74

This system is designed to connect electronically with the

Federal Bureau of Justice’s Criminal Justice Information

Service, which will maintain Defense information, along

with other federally reported information, in the National

Incident Based Reporting System. This connectivity will

be established in 2005. Under current law the reporting

and data collection requirements of DIBRS apply to the

military service academies. The statutory requirements and

need for statistical information on these crimes and other

high-interest issues exist at the Academies as well as in

the larger Department of Defense. The limited accessibility to personal identifying information built into DIBRS

serves to protect the privacy interests of cadets and midshipmen subject to DIBRS reporting. In addition, the personal identifying information contained in DIBRS is

maintained by the Defense Manpower Data Center and

will not, except under court order, be released outside the

Department of Defense.

TRAINING AND EDUCATION

Basic goals for both Academies are effective training and

education to prevent sexual harassment and assault as well

as to effectively respond to an incident should one occur.

For the purposes of this report, the Task Force refers to

education as the intellectual process of gaining theoretical

information and then learning to synthesize that theoretical information into practical application. This contrasts

with training, which this Task Force defines as a basic

process of learning to understand and follow an established set of policies or procedures. Both are equally

important if slightly different in meaning.75

The Task Force addresses training and education relating to

sexual harassment and assault in three broad categories based

on the intended recipient: (1) cadets and midshipmen; (2)

faculty, staff, and support personnel; and (3) local volunteers.

Cadets

The Values Education Program at the Military Academy

is a mandatory program for all cadets emphasizing the

development of personal and professional values. It consists of forty-seven hours per year of values and ethics

training throughout the four-year program. Within the

Values Education Program, topics are organized into two

categories: honor and respect. The Respect Program

addresses sexual harassment and assault, and relevant topics are taught by specially trained cadet “Respect

Representatives” under the supervision of a trained faculty

or staff member.76

Midshipmen

The Sexual Assault Victim Intervention (SAVI) Program

and the Command Managed Equal Opportunity

(CMEO) Program are the mandatory programs at the

Naval Academy that address sexual harassment and sexual

assault. Both are Department of the Navy programs which

are specifically tailored for the Brigade of Midshipmen.

Much of the SAVI training is taught by specially trained

midshipmen SAVI GUIDEs under the supervision of a

faculty or staff member.77 The CMEO program focuses on

equal opportunity issues, including sexual harassment.

16

CHAPTER 4: OVERVIEW OF SEXUAL HARASSMENT AND ASSAULT RESOURCES AT THE ACADEMIES

Training and Education
CMEO training is taught by specially trained Human

Education Resource Officers (HERO), also under the

supervision of a trained faculty or staff member.

Faculty, Staff, and Support Personnel

Sexual harassment training for faculty at both Academies

is provided by the Department of the Army and

Department of the Navy Equal Opportunity (EO) and

Equal Employment Opportunity (EEO) Programs.

Additionally, at the Naval Academy, both civilian and military faculty receive annual training on the SAVI Program,

which addresses sexual assault.

At the Military Academy, Tactical Officers and Tactical

Noncommissioned Officers are responsible for the day-today command and oversight of cadets. Tactical Officers

are selected through a competitive process78 and attend a

graduate program in counseling immediately prior to

being assigned to the Military Academy. This Master of

Arts program is completed in residence at both the

Military Academy and Long Island University79 Tactical

Non-Commissioned Officers are selected through the

standard assignment process80 and receive up to ten days

of orientation before assuming their duties. The remainder

of the staff and all installation support personnel receive

training on sexual harassment through Department of the

Army EO/EEO programs.

At the Naval Academy, Company Officers and Senior

Enlisted Leaders are responsible for the day-to-day

command and oversight of midshipmen. Company

Officers are selected through a competitive process81 and

attend a graduate program in Leadership and Human

Resource Development immediately prior to assignment

at the Naval Academy. This Master of Science program is

administered by the Naval Post-Graduate School on-site

at the Naval Academy.82 Navy Chief or Senior Chief Petty

Officers are selected for Senior Enlisted Leader (SEL)

positions through a competitive process83 and are required

to complete a four-week Basic Instructor Training course

and a five-week Naval Academy–customized Recruit

Division Commander Training course prior to assuming

duties. Marine Gunnery Sergeants are selected for SEL

positions through an exceptionally competitive process84

based in part on previous training and successful performance as Drill Instructors at a Marine Recruit Depot.

Therefore, upon selection, Marine SELs already possess a

level of training comparable to that which the Navy provides Navy SELs prior to assignment. The remainder of

staff and installation support personnel receives the same

Department of the Navy SAVI and EO/EEO training

discussed in the faculty section.

Local Volunteers

Both Academies use local volunteers extensively in various

athletic, extracurricular, and sponsor/mentor programs, but

there is no institutionally mandated training or policy for

these volunteer personnel. Each individual program using

volunteers makes an independent determination of the

need for such training.85

PREVENTION

Similar to those in the society at large, military prevention

programs have historically focused on what individuals can

do to keep themselves safe. Experts have since realized

that this approach alone is inadequate. The complex issues

surrounding sexual harassment and assault require multiple strategies and demand involvement at both individual

and institutional levels.86 The discussion in other sections

of this report regarding service academy culture, victims’

rights and support, offender accountability, and training

and education programs are important components of sexual harassment and assault prevention at the Military

Academy and Naval Academy. Three additional prevention-related topics that have not been addressed are prevention program execution and management, physical

environment, and accession standards.

17

Sexual Harassment & Violence at the Military Service Academies
Prevention Program Execution and Management at the

US Military Academy

At the Military Academy and within the U.S. Corps of

Cadets (USCC), the prevention program execution and

management for both sexual harassment and assault is the

responsibility of the Simon Center for the Professional

Military Ethic (SCPME).87 SCPME’s primary mission is

to educate cadets on issues of ethics and character as they

prepare to take on leadership roles in the Army. This is

done through the previously described Values Education

Program88 and its subordinate Respect Program. This

approach integrates sexual harassment and assault prevention and response training into a larger discussion on ethical conduct and leadership.

External to the USCC, sexual harassment prevention

program management is the responsibility of the Equal

Opportunity Program Manager on the Garrison

Commander’s staff.89 This office is responsible for

prevention instruction for faculty, staff, and all other

installation personnel. Outside the USCC, sexual assault

prevention program management has no single office

specifically assigned.

Prevention Program Execution and Management at the

US Naval Academy

On April 16, 2004, the Naval Academy established the

Sexual Harassment, Misconduct, and Assault Prevention

and Response Program Office.90 This office is part of the

Superintendent’s staff and is responsible for execution and

management of both sexual harassment and assault prevention programs across the entire installation. Specific

duties of this office include ensuring proper coordination

between the multidisciplinary services offered by the

Academy, providing training for all Academy personnel,

and updating Academy instructions and regulations pertaining to sexual harassment and assault.

Physical Environment

Both Academies are located on secure military installations with access controlled by military or civilian police.

These police forces also patrol the Academy grounds.

Student living, dining, and study areas are all located adjacent to one another within this secure area. The Military

Academy is located in a somewhat isolated rural area of

New York. The Naval Academy in Annapolis, Maryland,

is in close proximity to the greater Washington-Baltimore

metropolitan area.

The cadet and midshipmen living areas are organized

around a military structure assigning them to rooms based

on their company. Immediately adjacent to these rooms

are the offices of the staff officers and NCOs assigned to

supervise each company. These officers and NCOs are

generally in and out of the company areas between 6:30

a.m. and 7:00 p.m. on weekdays, but only occasionally are

present on weekends. These officers’ oversight is augmented by a formalized “watch” (the Naval Academy) or

“guard” (the Military Academy) program at both

Academies. While not identical, the two programs are

similar. Both require one or more officers to be on duty

and physically present in a central office adjacent to the

individual cadet or midshipmen living areas. These officers

then oversee the watch or guard. At least one cadet or

midshipman is assigned to each company area from

roughly 5:30 a.m. until 12:00 a.m. on weekdays and twenty-four hours a day on weekends. Between the end of the

night watch and the beginning of the day watch the following morning, a cadet or midshipman roving watch or

guard is assigned to monitor all company living areas. In

general, this roving watch or guard will visit each company

area at least once during the night. While the Military

Academy requires the officers to also visit at least four of

the company areas through the night, the Naval Academy

encourages, but does not require, the officers to visit individual company areas.91

The Academies assign individuals to rooms based on the

company to which the cadet or midshipman is assigned.

Each cadet or midshipman has one or more roommates of

the same gender. While rules vary somewhat by company,

cadets and midshipmen are encouraged to keep room

doors open during the day except when changing clothes.

Doors may be closed and/or locked at night after lightsout. Both academies have gender-designated communal

restrooms. The Military Academy has gender-designated

communal shower facilities, whereas the Naval Academy

has shower facilities in each room.

Accession Standards

Appointment to either Academy is the result of a rigorous

and highly selective screening process. Most successful

applicants receive a congressional or presidential nomination. In all cases applicants are closely scrutinized for academic abilities, leadership potential, and physical fitness.

While many assessment tools are objective and standardized (grade point average, SAT scores, etc.), those methods most likely to reveal a propensity toward sexual

harassment or assault are inherently more subjective. All

applicants are to report and explain any past misconduct.

18

CHAPTER 4: OVERVIEW OF SEXUAL HARASSMENT AND ASSAULT RESOURCES AT THE ACADEMIES

Prevention
This includes both criminal acts as well as more minor

misconduct in secondary schools or similar settings.

Applicants must submit secondary school counselor recommendations and reports from local law enforcement

agencies regarding criminal history or arrest records.

Additionally, each applicant is interviewed extensively by

an Academy liaison officer who typically meets the applicant early in the process, guides him or her through the

application process, and then ultimately submits an official

assessment of each applicant.

COORDINATION BETWEEN MILITARY

AND CIVILIAN COMMUNITIES

Coordination between military and civilian communities,

including local support organizations and law enforcement

agencies, is essential to providing comprehensive care for

victims and for bringing offenders to justice. Establishing

and maintaining a relationship with community agencies

can be difficult and requires a great deal of effort and dedication on the part of both military and community agencies. To be effective, collaborative efforts must be mutually

supported by both military and community agencies

through formal or informal agreements.

Formal Relationships 

Neither the Military Academy nor the Naval Academy

currently has formal memoranda of understanding

(MOU)92 or memoranda of agreement (MOA) with local

community agencies regarding support to victims of sexual

assault.93

Informal Relationships 

The US Military Academy

The Military Academy maintains informal relationships

with local law enforcement agencies regarding support for

victims of sexual assault. CID and local police agencies

have established informal relationships to exchange and

share information and to provide training.

The US Naval Academy

The Naval Academy currently has numerous informal

working relationships with various civilian resources,

including the following:

North Arundel Hospital — North Arundel Hospital, located approximately fifteen to twenty miles from the Naval

Academy, provides SAFE exams and treatment to sexual

assault victims. The hospital also provided training to

SAVI personnel and the entire Brigade of Midshipmen.

Anne Arundel Medical Center — A new treatment facility

in the Annapolis area is located approximately five miles

from the Naval Academy. In October 2004, the Academy

took actions to establish a relationship with the medical

center to provide forensic exams and treatment to sexual

assault victims. At present, the medical center is not

staffed to provide the requested support.

Sexual Assault Crisis Center of Glen Burnie — The

Sexual Assault Crisis Center (SACC) located in Glen

Burnie, Maryland, provides a twenty-four-hour hotline for

sexual assault victims, therapeutic counseling, and SAVI

training. A member of the Fleet and Family Support

Center is on the SACC board.

Annapolis Police Department — Naval Criminal

Investigative Services (NCIS) confers with the local police

departments if a midshipman reports an incident that took

place outside of the Naval Academy or if a midshipman

reports to a law enforcement entity outside the Academy.

Anne Arundel Sexual Assault Response Team (SART) —

The Brigade SAVI Coordinator and Commandant’s Legal

Advisor attend the Anne Arundel County SART monthly

meetings to increase coordination with local community

officials and support local efforts in sexual assault prevention and victim advocacy.

Maryland Coalition Against Sexual Assault (MCASA) —

A private, not-for-profit organization, MCASA works

closely with local, state, and national organizations to

address issues of sexual assault in Maryland.

Representatives from MCASA have assisted in the training and education of midshipman SAVI GUIDEs.

Anne Arundel Abuse Counseling Center (AAACC) —

AAACC is a local counseling center that provides one-onone counseling and case-management services to victims

of child physical or sexual abuse, adult survivors, and

nonoffending parents.

Anne Arundel County Police Department — NCIS and

USNA SAVI representatives (through the monthly SART

meetings) correspond with county police officials, specifically agents in the sex crimes unit.

19

Sexual Harassment & Violence at the Military Service Academies
THE U.S. MILITARY ACADEMY

PREPARATORY SCHOOL AND THE

U.S. NAVAL ACADEMY

PREPARATORY SCHOOL

Both Academies have preparatory schools, which fall

under the cognizance and supervision of the respective

Academies’ Superintendents. The Military Academy

Preparatory School is located in Fort Monmouth, New

Jersey, and the Naval Academy Preparatory School is

located on the U.S. Naval Base in Newport, Rhode Island.

Neither of the Preparatory Schools is within close proximity of its respective Service Academy. Both schools have a

commanding officer, faculty, and staff on-site, who oversee

the day-to-day operations of the Preparatory Schools.

The candidates at each school are either recent high

school graduates or enlisted service members who demonstrate exceptional potential in leadership, athletics, or academics, but whose skills in one or more of these areas

need improvement for admissions to the Academies. The

Preparatory Schools are substantially smaller than the

Academies, with just under 300 students, but they mirror

the respective Academy experience in the development of

military, moral, academic, and physical skills. At the conclusion of the ten-month program, the expectation is that

candidates will possess the competence to excel at the

Academies, the desire to become an Army, Navy, Marine

Corps, or Coast Guard officer, and the willingness to live

by the values of their respective services. These

Preparatory School graduates make up approximately onefourth of the incoming class at their respective Academies.

The candidates board at the schools and face many of the

same issues as the Academies with regard to sexual harassment and assault. Because the Preparatory Schools are so

much smaller, the in-house resources available to them are

limited. Although supportive and approachable, the staff

at both schools is small. Both schools have developed programs for assisting victims of sexual assault that are either

provided on the installation or through working relationships with outside civilian resources. Due to the small size

of the programs and the substantial distance from the

Academies, there is considerably less oversight from the

Superintendents.

20

CHAPTER 4: OVERVIEW OF SEXUAL HARASSMENT AND ASSAULT RESOURCES AT THE ACADEMIES

The U.S. Military Academy Preparatory School and the U.S. Naval Academy Preparatory School
21

Sexual Harassment & Violence at the Military Service Academies

SERVICE ACADEMY CULTURE

Chapter 5: Task Force Findings and Recommendations

FINDING 1: Historically, sexual harassment and sexual assault have been inadequately addressed at both Academies.

Harassment is the more prevalent and corrosive problem94, creating an environment in which sexual assault is more likely to occur. Although progress has been made, hostile attitudes and inappropriate actions toward women, and the toleration of these by some cadets and midshipmen, continue to hinder the establishment of a safe and professional environment in which to prepare future military officers.

While rape and sexual assault are clearly the more egregious crimes, sexual harassment affects a much larger percentage of the

cadets and midshipmen at each Academy.

The incident rates reported in the 2004 DoD IG survey data are alarming and indicate a pattern of recurring behavior.95 Sexual harassment can be progressive and may eventually lead to criminal behaviors. The lines between harassment and assault begin to blur when

inappropriate comments lead to more invasive types of harassment. Unwanted touching and violations of privacy and personal space

can be forms of harassment and may be crimes under the UCMJ. Even the more minor forms of harassment, such as sexually suggestive or derogatory jokes and comments about the appearance and weight of female cadets or midshipmen, may have a harmful cumulative effect.

The Task Force found that the sexual harassment encountered by cadets and midshipmen ranged from jokes and tales of sexual

exploits that some find offensive to actual unwanted physical contact that crosses the line into assault. Examples of harassment

recorded by cadets and midshipmen include using derogatory terms for female cadets and midshipmen;96 making offensive gestures;

continuing to ask for dates or sex after repeatedly being told no; offering to trade a professional favor, such as a good evaluation, for

sexual acts; and retaliating against women for refusing sex or dates.

RECOMMENDATION 1A: Midshipmen and cadets must assume more responsibility for holding others accountable by

intervening, confronting, and correcting each other for infractions such as alcohol misuse, sexual harassment, and other

related respect issues.

Accountability does not always involve or require formal discipline and punishment. Accountability is about upholding standards,

including standards of conduct, behavior, and treatment of other team members. In many instances, sexual harassment involves

thoughtless or careless acts that run contrary to the dignified and respectful treatment that men and women in uniform are obligated

to exhibit.

For cadets and midshipmen there must be no middle ground when it comes to upholding standards. Cadets and midshipmen who are

willing and have the conviction to intervene and correct problem conduct may preempt more serious future misconduct. The correction

may be a simple reminder of the rules and regulations. At other times, the midshipman or cadet might have to intervene and remove a

potential victim or assailant from a bad situation, such as one involving excessive drinking or other noticeable loss of judgment by fellow classmates.

RECOMMENDATION 1B: Use modern survey and management tools on a permanent basis to provide oversight bodies,

Academy leaders, cadets, and midshipmen a mechanism for measuring the extent of sexual harassment and assault and

the effectiveness of prevention and response efforts.

Survey Design:

• Consult experts on sexual harassment and assault for survey design and revision.

• Ensure that questions regarding key issues remain constant over time in order to provide comparable trend data.

• Ensure that the survey is still flexible enough to address new trends in technology and in youth behavior.

• Ensure that the survey provides all key data needed for analysis, to include questions about stalking, voyeurism, and harassment

through instant messaging and e-mail.

Survey Conduct:

• Design and conduct the survey through the Defense Manpower Data Center or another entity that has both expertise in and resources

for designing and executing surveys and is also perceived by cadets and midshipmen as credible and completely anonymous.

• Conduct the survey on an annual permanent basis.

• Release the survey results as soon as possible, but not later than six months after survey conduct.
22

CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Service Academy Culture

• Include the preparatory schools in the survey.

• Ensure surveys are anonymous, and reports of results are not so detailed as to permit identification of individuals. Only analyses or

summaries of the data should be made public, as release of the data set could allow victims’ identities to be deduced, compromising

their privacy as well as the reliability of the survey.

• Conduct no more than one internal interim climate survey per year on the topics of sexual harassment and assault. An interim survey

on climate, training, and/or education should not ask specifically about incidents, as repeated questioning on sexual assault is not

sensitive to victims and could compromise the annual survey that does measure incident occurrence.

Survey Use:

• Provide survey results to appropriate entities to include the House and Senate Armed Services Committees, the Defense Department

Advisory Committee on Women in the Services (DACOWITS), the Service Secretaries, the Board of Visitors, Executive Steering

Committee, as well as Academy leaders.

• Debrief cadets and midshipmen on survey results and subsequent changes in policy and procedure.

RECOMMENDATION 1C: Oversight bodies for the Academies must periodically monitor and ensure progress in combating

sexual harassment and assault.

• Continue active involvement by the Board of Visitors and Executive Steering Committees to ensure the long-term focus of the senior

leaders on these issues.

• Continue regular oversight by appropriate Congressional committees.

FINDING 2: The value and role of women in the military has been inadequately understood and addressed at

both Academies.

RECOMMENDATION 2: The leadership, staff, faculty, cadets and midshipmen must model behaviors that reflect and positively convey the value of women in the military.

• Leadership must ensure these values are modeled by all, without exception.

• Tailor training and education programs to address the equal importance of men and women to mission accomplishment.

For further details, see RECOMMENDATION 29B.

FINDING 3: An insufficient number of women peers and role models are available to cadets and midshipmen.

RECOMMENDATION 3A: Increase the number and visibility of female officers and NCOs in key positions to serve as role

models for both male and female cadets and midshipmen.

• Where possible, increase the number of female officers and NCOs on the faculty and staff.

• Ensure a representative share of women, officers and NCOs, are assigned to company-level positions.

• Increase access to and visibility of female role models via other methods, including the following:

- Establish long-distance mentoring programs for female cadets and midshipmen with current active-duty female officers.

- Use the mandatory lecture series to showcase men and women who have served together and exemplify teamwork and discipline, including female combat veterans and females serving in other key operational assignments.

- Identify distinguished female graduates to be honored and represented proportionally in displays around the Academy grounds

including paintings or photographs, plaques, quotations, room and building names, murals, etc. Inclusion should be integrated

throughout the campus, not in a separate “women’s display.”

RECOMMENDATION 3B: Increase the percentage of women cadets and midshipmen at the Academies, within current

service operational constraints.

• Some research shows that a “critical mass”97 can make a difference in creating an environment that has a markedly positive

effect on the acceptance and integration of women in a mostly male community, resulting in decreased incidence of sexual

harassment and assault. Admissions standards and service needs should not be compromised in this effort.
RECOMMENDATION 3C: Ensure consistent opportunities for women to be involved in leadership and decision

making, including representation on admissions boards, on academic boards, in athletic discussions, and in other

senior-level forums.

• Increase the number of women on the admissions boards and on faculty hiring and promotion boards.

• Increase the number of women in permanent faculty and staff positions, including Department Heads and Head Coaches.

• Grow the pool of available female military faculty by identifying prospective candidates for faculty positions in time for graduate

education for future assignment to the Academies.

• Diversify faculty and staff by utilizing an appropriate number of officers from other commissioning sources.

FINDING 4: The Academies’ Honor Programs have been successful at imbuing cadets and midshipmen with an exceptional regard for the value of honor as an essential attribute of leaders.

RECOMMENDATION 4: Build on the success achieved through the Honor Program to elevate the regard cadets and midshipmen have for other important values—in particular, dignity and respect for all.

FINDING 5: Cadets and midshipmen hold a substantial amount of power and authority over their junior peers.

RECOMMENDATION 5: Assess the issue of cadet and midshipman authority and its possible misuse. In this evaluation,

consider

• Developing methods that enhance leadership potential and supervisory authority without abuse or misuse of authority. Resources

that may be of use in this area include

- Aberdeen Proving Ground lessons learned98

- Consultants that focus on gender violence–related topics99

- Other service academies100

- Service-specific recruit training models and lessons learned

• Continuing to strengthen the four-class system

• Establishing or assessing mechanisms that closely monitor cadet and midshipmen’s supervisory control.

FINDING 6: Misplaced peer loyalty results in a strong tendency in some cadets and midshipmen to ignore problematic

behavior among their peers or otherwise explain it away as harmless.

The 2004 DoD IG Survey and discussion group interviews indicate that cadets and midshipmen place significant value on peer loyalty.

They also place high value on resolving problems without involving supervisory personnel. These values are generally positive and

desirable traits, unless they override the duty to adequately correct inappropriate behavior. This misplaced peer loyalty can also undermine the effectiveness of Academy leadership and institutional programs designed to ensure cadet and midshipman safety.

RECOMMENDATION 6A: Increase opportunities for cadets and midshipmen to engage in constructive interaction with a

broader range of peers in order to decrease counterproductive peer loyalty.

• Consider a consistent practice of reassigning cadets and midshipmen to different companies at a specific point during their

four years (i.e., “scrambling”).

• Consider assigning roommates within a company, rather than allowing cadets and midshipmen to choose roommates.

RECOMMENDATION 6B: Academy, cadet, and midshipman leaders must not tolerate cadet and midshipman behavior or

attitudes that reflect placement of greater value on peer loyalty than on personal accountability.

• Tolerating or failing to report peer misconduct among fellow cadets and midshipmen should be unambiguously treated as misconduct itself, consistently resulting in proportional disciplinary action.

• Among cadet and midshipmen leaders, sexual harassment, assault, physical security, and alcohol policies must be proportionate,

consistent, and strictly enforced. Special emphasis should be given to the following:

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Sexual Harassment & Violence at the Military Service Academies
- Underage and excessive drinking

- Sexual harassment

- Derogatory or offensive comments or behavior

- Displays of sexually suggestive or graphic images

See also: RECOMMENDATION 1A

FINDING 7. The majority of reported sexual assault or rape cases at the Academies involve alcohol use.

Although alcohol is not the cause of the assault in these cases, it can be a contributing factor and is highly correlated. Our review of

available case information disclosed a high instance of alcohol consumption by one or both of the parties in assault incidents at the

Academies despite the prohibitions on underage drinking and drinking in the living areas. During 2004, there were twenty-four reported

sexual assaults at the two service academies. Of those cases, thirteen involved alcohol. Nationally, approximately half of sexual

assaults among college students involve alcohol.101

The high incidence of alcohol involvement in sexual assaults is disturbing and mirrors the trend found in the college population atlarge. Mixing alcohol and sexual activity can impair judgment and inhibitions, facilitating an incident of nonconsensual intercourse.

Research in this area also demonstrates that assailants sometime use alcohol in a deliberate plan to impair, weaken, or overcome the

inhibitions and resistance of a victim.

Current alcohol regulations and prohibitions appear ineffective in curbing irresponsible alcohol use both on and off installation. For

example, at the Military Academy, female cadets reported receiving warnings to “lock their doors” on Thursday nights, the night firstclass cadets may go to an on-post cadet club which serves alcohol. Common experience was that some male cadets returned heavily

intoxicated. Additionally, at both Academies, discussion groups and case reviews affirmed the presence and use of alcohol in the barracks or hall by both underage and of-age cadets and midshipmen.

RECOMMENDATION 7: Host a multi-academy conference run by the cadets and midshipmen to develop realistic and

implementable policies on alcohol, to include sanctions for violations, ways to encourage and practice responsible

drinking, and opportunities for cadets and midshipmen to socialize and relax without alcohol.

• Invite Coast Guard, Air Force, and the preparatory schools to participate.

• Task attendees to return to their respective academies with policies and programs that will achieve the goals identified above.

• Draw attendees from a diverse cross section of the academies, including cadet and midshipman leaders, Corps Squad athletes, club

leaders, honor committee members, religious club members, Respect/SAVI representatives, etc.

• Require representative academy leadership to come to provide insight and advice to attendees about what limitations exist in implementing various ideas and which ideas are workable.

• Invite experts on the subjects of responsible drinking, nonalcoholic programs, and related subjects.

• Include the following topics for discussion: the link between alcohol and sexual assault, the negative effects of irresponsible drinking, and ideas for alcohol-free socializing.

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Service Academy Culture
FINDING 8A. Within the last year, both Academies have made strides to revise and strengthen their sexual harassment

and assault response programs, improving victims’ services.

Over the past year, both Academies conducted a comprehensive review of existing sexual harassment and assault response programs

and made significant improvements to those programs, as reflected in cadet and midshipman feedback from discussion groups. These

groups indicated that they believe

• complaints of sexual harassment or assault are more likely to be taken seriously;

• victims’ services have been expanded;

• offenders are more likely to be held accountable; and

• leadership is more supportive and responsive.

The Military Academy made a positive change to ensure that Victim Advocate continuity is maintained from the time an offense is

reported through resolution of the case.102 The Naval Academy Sexual Assault Victim Intervention (SAVI) Program is a positive step

toward implementation of DoD policy regarding the establishment of a Sexual Assault Response Program. While leadership at both

Academies acknowledges that they need to make further improvements to achieve the desired level of victim support, they continue to

strive toward positive changes.

FINDING 8B. Both Academies have multifaceted approaches for supporting victims of sexual assault.103 However, cadets,

midshipmen, faculty, and staff are unclear about reporting resources and which provide confidentiality.

Although survey results reflect that cadets and midshipmen believe they know where to go for confidential counseling, discussion

groups indicate that there is some confusion. These discussion groups also reflect that faculty and staff were not aware of all the

resources available to victims and the reporting requirement of each resource. For example, some cadets and midshipmen believe that

a faculty member could be consulted confidentially.

Some cadets, midshipmen, faculty, and staff are uninformed and confused about the different levels of confidentiality afforded each

resource under the law. The problem is compounded by both Academies publicizing misleading information regarding the level of confidentiality that each resource is legally granted. For example, at the Naval Academy, the leadership has granted limited confidentiality

to the SAVI Program although no such protections exist under federal law.104 The Military Academy publicizes that psychotherapists

have full confidentiality despite exceptions where client information may be disclosed.105 Finally, some victim service providers are confused as to the level of confidentiality they have been granted and the circumstances in which information conveyed by victims may be

disclosed. This confusion among Academy leaders and victim support services has resulted in a false perception of confidentiality,

improper disclosure of information, and inadequate service to victims.

RECOMMENDATION 8A: Provide training to all Academy personnel on the various reporting resources and the level of

confidentiality afforded to each.

RECOMMENDATION 8B: Further maximize the use of existing and potential avenues for victims’ support and reporting.

Maximizing avenues for victims’ support provides more options for disclosure; expands the ability to obtain support and care; and

assists in making informed decisions regarding whether to make a formal complaint. The Academies should do the following:

• Ensure availability and accessibility of Academy civilian and military, male and female service providers

• Ensure awareness of and access to community service providers

• Provide additional confidential resources (see Recommendation 9A)

• Maximize psychotherapist interaction with cadets and midshipmen

- Ensure psychotherapists interact frequently in the daily lives of cadets and midshipmen

- Provide abundant publicity for mental health services

- Provide office locations that are readily accessible to cadets and midshipmen but are inconspicuous

RECOMMENDATION 8C: Cadets and midshipmen, as peers, are often the first resource a victim will disclose to and

therefore should be trained on both official reporting procedures and confidential options. If victims of sexual assault are

unwilling to report, peers should strongly encourage victims to seek care from a confidential source.

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Sexual Harassment & Violence at the Military Service Academies

VICTIMS’ RIGHTS AND SUPPORT
• Train cadets and midshipmen on avenues for reporting offenses and obtaining victim care.

• Educate cadets and midshipmen on how to be supportive of peers who disclose an assault.

• Eliminate mandated peer reporting, except in the case of those who witness a crime or who are in the supervisory chain of command. Mandated peer reporting by non-witness or non-supervisory peers may impede the goal of increasing the number of victims who seek assistance. It also places the peer in the difficult position of either disclosing private victim information or breaking

Academy regulations.

FINDING 9A. Victims lack adequate confidential resources, which is a barrier to reporting sexual harassment and assaults.

The 2004 DoD IG survey stated that the majority of female victims of sexual assault did not report because of fear of disclosure and the

resulting ramifications. For victims undecided about filing a complaint, confidentiality is vital to their willingness to seek support services. Without confidential counseling, victims may lack the support they need to make assaults known to the chain of command. Lack of

confidential medical care limits opportunities for forensic evidence collection. Commanders cannot provide care for victims or investigate and hold offenders accountable if they do not receive the information needed from victims in a timely way.

Presently, chaplains are the only source of complete confidentiality under the law. Psychotherapists are granted a limited privilege, but

are required to make restricted disclosure of communications under certain circumstances. Victim Witness Coordinators, Victim

Advocates, medical personnel, the chain of command, cadets, and midshipmen are afforded no privilege under the law.106

FINDING 9B. Victims may not seek medical care because, under current military regulations, medical care for victims of

sexual assault at a military facility requires reporting and triggers a criminal investigation. This reporting requirement may

result in a health risk to victims and a barrier to the collection of forensic evidence necessary for eventual prosecution.

This regulation applies to the active duty military staff as well as civilian staff working in military medical facilities.107 A victim of sexual assault cannot request a confidential medical exam or treatment at a military medical facility.

Based on the current system, sexual assault victims who are unsure if they want to become involved in the military justice system may

be hesitant to use military medical facilities to obtain a medical exam and treatment. If feasible, victims needing confidentiality may

seek assistance privately from a civilian medical facility, or they may not seek medical care at all. Without transportation to civilian

facilities, there is little chance of a victim obtaining confidential, timely, civilian medical treatment.108 As a result, the opportunity for

collecting forensic evidence may be lost and the government’s chance of successfully prosecuting the assault severely diminished.

RECOMMENDATION 9A: Congress should create a statutory privilege protecting communications made by victims of

sexual assault to health care providers and victim advocates. This privilege should extend to both medical and mental

health care providers and to those victim advocates designated and trained to perform that duty in a manner prescribed

by DoD regulation. This expansion will accomplish the following:

• Provide victims immediate and comprehensive personal support

• Provide multiple channels to encourage reporting

• Protect victims’ identities until they choose to report

• Protect communications between victims and newly established confidential sources throughout the criminal justice process

• Provide for collection and preservation of forensic evidence to support investigation of cases that victims choose to report

• Provide for the safeguarding of the forensic exam kit until the victim decides to report

• Provide for extended privileged care of victims with professional psychotherapists

Current DoD confidentiality policy lacks the breadth necessary to ensure maximum confidentiality for victims. This Task Force urges a

statutory expansion to guarantee victims the option of confidential medical and mental health care. This privilege should provide victims

the right to refuse to disclose or report a sexual assault and to prevent any other person from disclosing communications made in confidence to a health care provider or victim advocate for the purpose of enabling that provider’s services and care. The sole exception to

this privilege should be to permit disclosure only when necessary to prevent serious bodily harm or death of the victim or another person.

The Task Force recognizes that the granting of a statutory privilege is a serious and significant legal protection, but we believe privileged communication is imperative. Commanders have an obligation to ensure the welfare of individuals entrusted to their care, yet the

lack of confidentiality has prevented many victims from seeking care they needed and wanted. The Task Force believes that establishing this privilege will not only serve to ensure that victims receive the care they need, but will also, in the long run, stimulate higher

victim reporting rates.

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Victims’ Rights and Support
RECOMMENDATION 9B: Based on the following guidelines, the Academies should establish a plan to implement the new

DoD Sexual Assault Response policy and protocol and submit their plan to the Services in accordance with the statute109. 

The Academy plan must ensure that the SARC is not compromised in his/her responsibilities to the command and ethical responsibilities to the victim.

The plan shall, at minimum, address the following:

• Selection and Training of Victim Advocates:

- Do not select cadets or midshipmen for duty as Victim Advocates 

- Carefully screen and train all Victim Advocates 

- Ensure Victim Advocates and their supervisors receive 40 hours of standardized victim advocacy training. The training should meet

Victim Advocate training standards for the state in which the Academy is located, until a DoD or national standard is established

- Develop protocols and provide training in the handling, segregation, maintenance and disposition of both privileged and unprivileged communications and materials pertaining thereto 

Victim Advocates should maintain separate files on privileged matters and a secure storage location must be provided.

Access to these files is limited to those with Victim Advocate privilege or individuals authorized by the victim

- Ensure Victim Advocates have access to a trained professional who deals with privileged communications as a part of their routine practice (e.g. psychotherapist, chaplain) for case consultation 

• Selection and Training of the Sexual Assault Response Coordinator (SARC):

- Assign position to allow for continuity and effective long-term program management

- Ensure that the SARC not have access to identifying information from a restricted report 

- Ensure SARC position is assigned to a 0-6 or equivalent 

- Ensure SARC reports directly to the Superintendent

- Develop a process for assignment of Victim Advocate for victims in a method that maintains protected communication 

• Ensure that the following Program elements are included:

- Ensure training clarifies that it is the Victim Advocates, not the SARC, who are empowered to provide confidential assistance 

- Ensure community service provider representation within the program

- Warrant that the response program responds to entire installation

- Provide a mechanism for evaluating operational procedures, including the relationship between the SARC and the Victim

Advocates, on an annual basis 

- Identify mechanism for release of information from protected sources to disclose non-identifying aggregate or immediate information

- Identify frequency for release of periodic non-identifying info to SARC

- Victim Advocate files must be maintained separately and securely. Access must be limited to those with Victim Advocate

privilege. These files may not be commingled with other personnel or medical files.

FINDING 10. Victim Witness Coordinators do not receive proper training to ensure that victims are afforded their rights.

Neither Academy employs a Victim Witness Assistance Program in accordance with DoD policy. 

It is the responsibility of the Academy to ensure that victims are aware of the rights afforded them under law and that those rights are

protected as soon as a sexual assault is reported to the command.110 Therefore, it is imperative that Victim Witness Coordinators are

well trained and contacted immediately in all cases to ensure that victims are accorded their rights at the onset of an investigation. At

both Academies, Victim Witness Coordinators have not received sufficient training to enable them to perform these duties effectively.111

In interviews, victims cited multiple complaints, including the following: 

• Not being consulted about decisions regarding relocating the victim or accused for safety reasons 

• Not being advised that they could decline to make a formal statement 

• Not being advised of the existence of a Victim Witness Coordinator, of their role, and of his or her identity 

• Not being consulted on the disposition of the case 

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Sexual Harassment & Violence at the Military Service Academies
• Not being kept abreast of case status

• Being made to wait in the same room as defense witnesses prior to testifying

• Learning that individuals in the chain of command without a “need to know” had knowledge of the facts of the incident

• Not being notified of criminal proceedings until shortly before being called to testify

• Not being advised of the option to consult with an attorney for the government

• Not being advised of the federal right to seek restitution and remedies available through the state Criminal Injuries Compensation Offices

Most victims’ complaints would not have existed if the Academies had communicated and afforded them their rights. This lack of

knowledge made victims feel fearful, helpless, frustrated, and angry.

RECOMMENDATION 10A: The Victim Witness Coordinator at each Academy should both receive the required annual

Victim Witness Assistance Program training112 and ensure that the following Academy personnel receive annual training

on their role and responsibilities under this program:

• Commanders;

• Sexual Assault Response Coordinators;

• Victim Advocates;

• Chaplains;

• Prosecution and defense attorneys;

• Law enforcement personnel;

• Mental health care providers; and

• Medical personnel.

RECOMMENDATION 10B: Require Victim Witness Coordinators to make contact with a victim at the onset of an

investigation and ensure that victims are afforded their rights through every phase of the case.

FINDING 11. There is confusion between the roles of the Victim Witness Coordinator and the Victim Advocate.

The role of the Victim Witness Coordinator differs substantially from the role of the Victim Advocate, but the two are often confused.

The similarity in titles is one of the sources of confusion. The role of the Victim Witness Coordinator is to ensure that victims’ rights are

enforced, to make victims aware of their resources, and to provide timely case status updates. The role of the Victim Advocate is to

provide information and emotional support. At times, victims are not being afforded their rights and are being referred to the resource

not trained or responsible for providing the information.

RECOMMENDATION 11A: DoD should update the Victim Witness Assistance Program to eliminate the current confusion

between the roles of the Victim Witness Coordinator and Victim Advocate.113

• Ensure that the Victim Advocate and Victim Witness Coordinator are trained about each others’ duties so they understand their

distinct, but complementary roles in supporting victims.

RECOMMENDATION 11B: Train Academy personnel on the distinct roles of the Victim Advocate and Victim Witness

Coordinator and the importance of each.

FINDING 12. When sexual assault victims or witnesses have themselves engaged in collateral misconduct at or around

the time of an assault, they must also be held accountable for their actions. When they are not held to the same standard

as their peers, negative consequences result. The Task Force finds that a blanket amnesty policy for victim or witness

misconduct serves to undermine discipline and stigmatize them.

Neither Academy presently employs a blanket amnesty policy, but there has been considerable debate and discussion about the matter

at all the academies. The Military Academy confers transactional immunity on a case-by-case basis when the Superintendent concludes it is needed to pursue disciplinary action against the offender. When the Superintendent determines it appropriate that the victim be held responsible for misconduct, the victim is given the option of adjudicating the misconduct either before or after disposition

of the assault case. At the Naval Academy, if the Superintendent elects to adjudicate victim misconduct, it is done after the offender’s

case is resolved. The Naval Academy also has the option to place victims in its Leadership Responsibility Counseling program. At both

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Victims’ Rights and Support
Academies, witness misconduct is usually adjudicated directly after the misconduct occurs.

At the Naval Academy, the leadership believes that a system which primarily grants disciplinary amnesty but requires participation in a

structured Leadership Responsibility Counseling program creates an environment conducive to disclosing sexual assaults. While that

may be true, there may be some negative aspects to this program. Assigning Leadership Responsibility Counseling without adjudicating

the misconduct may undermine the credibility of victims and encourage perceptions of false reporting. Furthermore, Academy personnel

are also concerned that actual cases of false reporting may emerge. In contrast, US Military Academy cadets, faculty, and staff in Task

Force discussion groups felt that their Academy’s system was fair.114

A potential negative aspect to a “nonamnesty” approach is that it may be a barrier to reporting sexual offenses for victims and witnesses who have pertinent information but fear they or their friends will be disciplined for misconduct such as drinking under age, having sex on Academy grounds, or other offenses. The policy could also breed a fear of being stigmatized and alienated by other cadets

or midshipmen for reporting friends or peers. We note that some of the victims interviewed by the Task Force believed victims should

be held accountable for their individual misconduct. The real crux of the issue is how leadership handles the matter. At present, both

Academies carefully consider and weigh each case before disciplining other cadets or midshipmen based on such information, recognizing this potential reluctance.

RECOMMENDATION 12A: Preserve the commander’s discretion to handle victim and witness misconduct on a caseby-case basis.

• Prohibit blanket amnesty policies.

• The Commander should retain the authority and discretion to determine the appropriate disciplinary response to victim misconduct

and should have at his or her disposal the complete array of response and remediation options, including placement in a remediation program such as Leadership Responsibility Counseling, walking tours, loss of privileges, restriction, etc.

RECOMMENDATION 12B: Offer victims who commit misconduct the option to delay disposition of their disciplinary

cases. A “flexible sequencing” option strikes a good balance between the need for individual discipline and the need to

create an environment that will not deter reporting.

• Requiring victims to serve their punishment while their assailant retains full privileges (at least until the case is concluded) is perceived as unfair.115

• Victims who prefer swift justice should have the option of having their offenses adjudicated quickly. Any victim serving punishment prior to the resolution of the case would be doing so by choice.

FINDING 13. Chaplains play a vital role in the support of victims, yet are understaffed at both Academies.

The 2004 DoD IG Survey indicated that chaplains were the resource to whom male and female cadets and male midshipmen were most

willing to report.116 Chaplains assist victims in healing from an experience that may be both physically and emotionally traumatizing.

In addition, they provide victims spiritual and personal guidance throughout the administrative and legal process. Chaplains are

presently the only completely confidential resource available to victims and offenders.117 They may be a logical source in assisting

offenders through counseling. The full confidentiality afforded chaplains is highly publicized, and cadets and midshipmen interviewed

are well aware of this status.

Chaplains are both understaffed and highly utilized, specifically regarding sexual harassment and assault issues.118 An overwhelming

majority of cadets and midshipmen hold some spiritual belief; chaplains teach cadets and midshipmen positive values and instill a spiritual compass, countering values that could lead to harassment and assault. At both Academies, chaplains are easily accessible and

maintain high visibility within the Corps of Cadets and the Brigade of Midshipmen.119 They often spend many hours, including nights

and weekends, talking to cadets or midshipmen, participating in physical training events, and, at the Naval Academy, teaching classes,

all of which contribute to cadet and midshipman awareness of the chaplains’ services.

RECOMMENDATION 13: Assign an additional chaplain to each of the Academies.

• Assign one additional chaplain to the Naval Academy to ensure that all battalions have chaplain representation in addition to an

independent senior chaplain.

• Assign one additional chaplain to the Military Academy’s Family Life Program.

• Utilize chaplains at the Military Academy in the training and education of cadets, specifically in the cadet ethics programs.

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Sexual Harassment & Violence at the Military Service Academies
FINDING 14. Although psychotherapists at the Center for Personal Development (US Military Academy) and Midshipman

Development Center (US Naval Academy) provide professional psychological counseling, they lack specialized education and training to treat victims of sexual assault.

Both Academies recognize the necessity of providing professional psychological counseling for victims of sexual assault. Accordingly,

the leadership at both Academies encourages personnel to refer victims of sexual assault to Academy-based psychotherapists. The

psychotherapists at both facilities are licensed to provide general professional counseling and assistance. Although the Academies’

psychotherapists do have training in dealing with general trauma and have counseled victims of sexual assault in their careers, they

lack the specific education and training to adequately counsel and assist sexual assault victims.120

RECOMMENDATION 14: Require psychotherapists to receive specialized education and training in sexual assault and

response to victims in the military prior to assignment at the Academies.

• Provide accurate psychotherapist-patient privilege information in informed consent forms to all patients, as well as to all cadets

and midshipmen.

• See also RECOMMENDATION 34.

FINDING 15A. Peer influences discourage some cadets and midshipmen from availing themselves of some preventive

safety options.

FINDING 15B. Both Academies have instituted safety policies and procedures for victims after an assault.

The 2004 DoD IG Survey indicated that the largest number of sexual assaults at both Academies occurred in cadet or midshipmen living

spaces. Despite the safety measures afforded by the Academies, many cadets and midshipmen do not utilize them. Cadets and midshipmen routinely leave doors unlocked at night, leave mailboxes unlocked, and leave computers on, not locked, and unattended. In

addition, they do not always use the “buddy system.” On a positive note, victims of sexual harassment and assault have routinely

availed themselves of the safety measures afforded to them after an incident.

RECOMMENDATION 15: Enhance safety policies and practices,121 especially for living areas, to maximize cadet and midshipmen safety while ensuring accountability to the chain of command.

• Ensure the policy is gender neutral.

• Ensure the policy allows for victim input.

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Victims’ Rights and Support
OFFENDER ACCOUNTABILITY

FINDING 16A. At both service Academies, the available records from the past ten years reflect an extended period where

alleged offenders were not consistently or effectively held accountable through the criminal justice system.122 During the

past two years the records reflect improved efforts and limited success at holding sexual assault offenders accountable

through courts-martial as well as administrative procedures.

• With one exception, from 1994 until recently, only administrative actions, if any, were taken against sexual assault offenders.

• The current leadership at both Academies has demonstrated concrete commitment toward positive change in accountability.

The leadership at the Academies and this Task Force recognize that continuous and forceful efforts are required to ensure

measurable progress.

FINDING 16B. The current rape and sexual assault statutes, though flexible, do not reflect the full range of contemporary

sexual misconduct encountered at the military service academies.

Any person subject to this chapter who commits an act of sexual intercourse by force and without consent, is guilty of rape and

shall be punished by death or such other punishment as a court-martial may direct.

Article 120 of the Uniform Code of Military Justice

The rape statute in the UCMJ is based on the more commonly understood notion of violent stranger rape; however, the vast majority of

the rapes and sexual assaults reported at the military service academies are perpetrated by a cadet or midshipman who knows the victim, a situation typically referred to as “date rape” or “acquaintance rape.”123 Of the 210 female rapes and sexual assaults reported at

the Naval Academy and Military Academy in the 2004 DoD IG Survey, the victim knew the perpetrator in 208 (99%) of the cases.124

Unlike most state and federal criminal codes,125 military law does not adequately address the full range of contemporary sexual misconduct, as illustrated by the following:

• No statute specifically addressing nonconsensual sexual intercourse where no force is involved.

• The lack of varying degrees of sexual assault involving intercourse in the UCMJ. Currently all cases of nonconsensual sexual

intercourse must be categorized as rape under Article 120.

• Ineffective options for handling alcohol-related assaults. Although the law accounts for the possibility that victims could not effectively consent to intercourse due to alcohol incapacitation, it is extremely difficult, as a practical matter, to secure a conviction

when a victim is not completely unconscious.

• No statute specifically addressing sexual activity involving abuse of authority or senior-subordinate relationships in recognition of

the uniquely coercive nature these relationships can entail.

• No separate statute for stalking.

Additionally, the language of the current statutory framework fails to clearly delineate the different kinds of prohibited conduct. This

lack of clarity makes it more difficult for commanders to train cadets and midshipmen on what is or is not criminal misconduct.

RECOMMENDATION 16: Congress should revise the current sexual misconduct statutes to more clearly and comprehensively address contemporary sexual misconduct.126

• The revised statute should clearly identify specific crimes and their maximum penalties. By outlining criminal acts and their corresponding punishments in a format that people can understand, service members will know that such behavior is criminal.

• The revised statute should include varying degrees of sexual misconduct, while maintaining the label “rape” for the most forceful

acts of sexual penetration.127

• The statute should include a provision for the criminal act of sexual penetration or assault where no force is involved. If a person

has intercourse or other sexual contact with someone when they know or should know that there is no consent, the person should

be held criminally accountable.

• The statute should also include specific provisions for stalking, abuse of authority and senior-subordinate sexual activity,128 and

incapacity to consent, including voluntary intoxication129 of the victim.

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Sexual Harassment & Violence at the Military Service Academies
FINDING 17. Low reporting rates limit commands’ ability to hold offenders accountable. Even in reported cases, however,

prosecution of rape and sexual assault cases is hampered by the difficulty and complexity of trying the nonstranger

cases commonly encountered at the Academies.

Consistent with national trends, reporting rates for sexual assault at the Academies are among the lowest of any type of crime. The

2004 DoD IG Survey found that the majority of victims never reported their assault to any authorities. Even among cases reported, the

number of prosecutions and convictions is low. Among the reasons why so few cases of sexual assault make it to court and even fewer

result in convictions are the following:

• The stigmatizing title “rape” and corresponding maximum punishment of death or life in prison. Some victims, prosecutors, commanders, and juries hesitate to prosecute or convict a young person who uses no overt force and expose him to these severe

sanctions. Even some assault victims expressed concern over the “rape” characterization and associated penalties. They wanted

justice and accountability, but not a response perceived by the victims as excessive.

• Complexity of sexual assault cases. Although investigators increasingly are receiving specialized sexual assault training, prosecutors generally do not receive specialized training on a consistent basis to learn about developing prosecution strategies.

• Intimidating and sometimes traumatizing investigative and judicial processes. Many sexual assault victims choose not to participate in the judicial process because of the significant emotional and psychological toll imposed by repeated questioning about

personal and often painful details, loss of privacy, and public humiliation.

• Victim delay in reporting. Victims commonly wait weeks, months, or even years before disclosing the fact of their assault to

authorities. After so much time, crucial physical evidence has perished, investigators have lost the opportunity to identify and

locate potential witnesses, and witnesses’ memories have faded or are inaccurate.

• Lack of corroborative evidence. Without corroborative evidence, many cases become a matter of the victim’s word against the

word of the defendant.

• Misconceptions about victim behavior.

130 Widespread lack of understanding about common victim behaviors (e.g., delayed reporting, lack of physical resistance or injury) often deters commanders from pursuing and prosecuting cases, either because they

themselves misconstrue the behavior or because they conclude a jury will view it negatively.

RECOMMENDATION 17: Specialized training focused on sexual assault cases should be mandatory and consistent for

both investigators and prosecutors.

Law enforcement and judicial professionals who will deal with sexual assault cases must have a firm understanding of the unique

aspects of successfully investigating and prosecuting the cases, as well as victim dynamics131 and appropriate ways to work with victims of these crimes.

• The more evidence aside from the victim’s statement the investigators can collect, the more effective the process. Investigators

and prosecutors must know the right questions to ask and how to properly collect and document evidence of lack of consent.132

Where practicable, investigators should consider using pretext phone calls.133

• Investigators and prosecutors must learn how sex offenders operate in order to identify predatory and other perpetrator behavior.134

• Prosecutors must learn to effectively use experts to educate panels and judges. They should learn how to take the focus off of the

victim’s behavior and place it on the defendant’s behavior. They must be knowledgeable about Victim Witness Assistance Program,

the protections for victims built into the UCMJ, and how to use motions practice135 to protect the victim.

ADDITIONAL RECOMMENDATIONS: The following recommendations made in these subject areas are designed to help increase

prosecution and conviction rates:

Confidentiality:

RECOMMENDATION 8A

RECOMMENDATION 8B

RECOMMENDATION 9A

Improve victim services:

RECOMMENDATION 8B

RECOMMENDATION 9A

RECOMMENDATION 9B

RECOMMENDATION 10A

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Offender Accountability
RECOMMENDATION 10B

RECOMMENDATION 11A

RECOMMENDATION 11B

RECOMMENDATION 14

Revise UCMJ sex crime statute:

RECOMMENDATION 16

Close Article 32 hearings:

RECOMMENDATION 18

FINDING 18. Article 32 hearings, which are open to the public, expose both the victim and the accused to unnecessary

public scrutiny and may be detrimental to the interests of both parties.

The Manual for Courts-Martial states that Article 32 hearings should normally be open to the public, but it grants commanders the discretion to close them.136 Because this discretion is granted in the Manual for Courts-Martial, but not in the law, courts have been able

to prohibit commanders from closing hearings. The hearings afford the defense an opportunity to gather information about the government’s case and cross-examine the victim and other witnesses. Because the Military Rules of Evidence are generally not in effect at

the hearing, attorneys have few restrictions on questions they can ask. Even when the attorneys do object to questions, the investigating officer presiding over the hearing generally just notes the objection and allows the question. This unrestricted questioning may

result in private and embarrassing information about the victim being disclosed in the public hearing, even if it is not relevant to the

charges and even if it might be inadmissible at trial. Media representatives often attend high-profile cases at the Academies and

report what they observe in the local papers. Even if these cases do not proceed to trial, both the accused and the victim may be publicly stigmatized. This type of public exposure often discourages victims from reporting and/or participating in the judicial process.

RECOMMENDATION 18: Congress should amend Article 32 to explicitly permit commanders to close the hearings.

There is no requirement in the UCMJ that Article 32 hearings be open to the public. The defendant has a right to a public trial and to

be able to confront the accuser in open court, but that right does not extend to the Article 32 hearing. By comparison, in state and federal courts, grand jury proceedings are held in closed sessions without the defendant or their attorney present.

FINDING 19. Although charged with the well-being of midshipmen under their supervision, Company and Battalion

Officers and Senior Enlisted Leaders at the United States Naval Academy are not kept sufficiently informed of the cases

in their units.

In an attempt to protect the privacy of victims, the Naval Academy has instituted a policy in which Company and Battalion Officers and

Senior Enlisted Leaders are not informed of the nature or processing of a sexual assault case in their command. This impedes their

ability to ensure the well-being of the victim and/or accused and to quell rumors about the case in their unit.

RECOMMENDATION 19: The Naval Academy Superintendent’s designee should inform Company and Battalion officers

and Senior Enlisted Leaders about reported cases involving midshipmen under their supervision.

The details of an incident that has been reported to official channels should be kept to the minimum necessary, but the officer and SEL

should know who is involved, the nature of offense, who to contact for assistance in dealing with the incident, and any other information necessary to protect the victim.

FINDING 20A. Staff, faculty, and cadets and midshipmen are not sufficiently informed about case outcomes, allowing

rumors and incomplete information to be the prevailing source of information.

• The staff, faculty, cadets and midshipmen at both Academies are not informed of the ultimate disposition of cases and are left to

rely on rumors. They believe they could more adequately stem rumors and correct inaccurate or misleading information circulated

among students if they had more information.

• Key officials at the Service Academies expressed concern that legal interpretations of the Privacy Act preclude the desirable practice of fully informing cadets and midshipmen when misconduct allegations are resolved by administrative means. Failure to

inform, in at least limited terms, contributes to misinformation and misperception, fueling speculation and rumor.

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Sexual Harassment & Violence at the Military Service Academies
FINDING 20B. The perception that false accusations of sexual assault are a significant problem at the Academies is not

supported by available data.

Despite the concerns of some cadets and midshipmen, the data do not show a significant incidence of fraudulent reporting. During a

review of over 85 reported sexual assault cases at the two Academies over the past ten years, only two suggest fabricated allegations.

There were cases where the victim recanted; however, those usually involved victims who decided they did not want to endure the

investigative and judicial process. This misperception is more pronounced at the Naval Academy.137

RECOMMENDATION 20A: Ensure staff, faculty, and students are better educated and informed about the outcome of

cases once they have been adjudicated.

Providing Academy members with a comprehensive summary of cases, along with the final disposition and the reasons for that particular outcome, will educate them about the process. This will result in increased trust and confidence in the system. It will also help to

deter retaliation and ostracism directed toward victims and assist in developing a supportive culture for them. Leaders will be able to

better control the rumor mill and replace it with the truth.

RECOMMENDATION 20B: The Department of Defense should revise the regulations implementing the Privacy Act to permit the dissemination of adverse administrative action within the command affected by the action.

Establishing a “need to know” on the part of the members of the command would resolve this deficiency and permit commanders to

disclose to their subordinates information that would serve to deter misconduct by members of their commands.

FINDING 21. Effective representation of the accused is hampered by the lack of an on-site trial defense attorney at the

United States Military Academy.

When cadets or midshipmen are under investigation for a crime, they should have quick and easy access to qualified legal counsel. At

the Naval Academy, a suspect can go to the defense counsel assigned to the Academy. At the Military Academy, however, defense

counsel is six hours away at Fort Drum, New York.

RECOMMENDATION 21: The Army should authorize and fund a defense counsel billet at the US Military Academy.

An on-site defense counsel will be more readily available and have more time to devote to his or her client in person. The improved

access to defense counsel will also assist the government by preventing unnecessary delay in adjudicating cases.138

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Offender Accountability
DATA COLLECTION AND CASE MANAGEMENT TRACKING

FINDING 22. At both Academies, the data collection and management systems for rape, sexual assault, and sexual

harassment are informal and historically have been poorly maintained. Although recent improvements are notable, particularly at the US Naval Academy, the absence of a formalized collection and record-keeping requirement effectively

prevents a detailed analysis of case disposition and long-term assessment of trends.

Although the Government Accounting Office recommended in its 1994 and 1995 reports that the Academies track sexual harassment

statistics, this was not done. Until required by Defense Directive Type Memorandum 8 in December 2004, there was no requirement for

standardized case tracking or data collection and management. Installations throughout the armed forces, including the military academies, reported only general military justice statistics. The Staff Judge Advocates at the Academies developed their own internal methods of tracking reported cases, but these systems are informal and depend primarily on working relationships between criminal investigative personnel, legal personnel, and commanders at these institutions. Although useful to the individuals using them, they are of little or no assistance to reviewing authorities. Records-collections systems change as key participants in command, legal and criminal

investigative personnel are reassigned. There is no correlation between old and new tracking systems, and, in accordance with regulations, records are destroyed in most cases.

Criminal investigative records139 permit a review of the investigative phase of cases reported to the Naval Criminal Investigative

Service and the Army Criminal Investigative Command. However, virtually no long- term criminal justice records have been retained at

the Academies because few of the cases investigated were brought to trial.

RECOMMENDATION 22: Implement a permanent system, common to both Academies, to record and maintain data about

all reported cases of sexual harassment and assault to enable detailed future information gathering and trend analysis.

Data should be recorded upon preferral of charges, initiation of nonjudicial punishment or other misconduct action or administrative

action, or decision to do nothing, and they should be updated periodically thereafter. Information recorded in these records should

include the following, at a minimum:

• Victim status (civilian/military, rank/position/class)

• Accused name and status

• Date and location of incident; date and location/agency of report (may include a trail of reporting)

• Brief synopsis that includes: victim’s allegation (what, where, when, who, how); accused response, if any; evidence; witnesses;

and first response (how did law enforcement respond, investigation progression)

• A legal opinion recommending action to be taken and reasons for this decision

• Resolution and case disposition, including disciplinary and/or administrative action taken, if any

• Current (or final) victim status, to include any disciplinary or administrative action taken relating to the incident

• Current (or final) accused status

FINDING 23. The use of indexing information for other than law enforcement purposes is inappropriate and

potentially unfair.

It is critical for law enforcement officials to have access to accurate, detailed records of past accusations, charges, and arrests of a

person accused of a crime because many perpetrators of sexual assault are repeat offenders. Without knowledge of the subject’s law

enforcement history, investigators would lose valuable information and predators could repeatedly commit crimes without detection.

However, law enforcement files may contain unverified allegations and incomplete evidence. These records are often accessed by

Service officials for reasons other than law enforcement, such as promotions and security clearance determinations, a practice criticized by a 1999 report of the National Academy of Public Administration.140

RECOMMENDATION 23: Congress should provide a statutory limitation on the use of indexing information for any purpose

other than law enforcement.

Prior internal efforts by the Defense Department to control the use of indexed information have been unsuccessful. A statutory limitation on the use of indexed information is required to achieve a result that properly supports law enforcement and simultaneously provides due process protections for those accused of an offense.141

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Sexual Harassment & Violence at the Military Service Academies
FINDING 24. At the United States Naval Academy, indexing decisions may be made by individual case agents, who are

junior and less experienced.

The decision to index a suspect is important and may carry with it serious and lasting repercussions for the accused. At the Military

Academy, the agent in charge, a senior agent with extensive experience as an investigator, makes the determination to index a suspect. At the Naval Academy, this decision is left to the agent working the particular case, regardless of the level of his or her experience.

RECOMMENDATION 24: Only the agent in charge of a criminal investigative office should have the authority to decide to

index a suspect.

FINDING 25. The DIBRS reporting and data collection requirements apply to all Department of Defense agencies and

commands, including the military service academies.

The statutory requirements and need for statistical information on these crimes and other high-interest issues are applicable to the

Academies. The limited accessibility to personal identifying information built into DIBRS serves to protect the privacy interests of

cadets and midshipmen subject to DIBRS reporting.

RECOMMENDATION 25: Input data into DIBRS to the same extent as do other Department of Defense agencies.

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Data Collection and Case Management Tracking
TRAINING AND EDUCATION

FINDING 26A. The Values Education Program at the Military Academy is structured to integrate issues of sexual

harassment and assault into an overarching curriculum on character development.

Integrating discussions on sexual harassment and assault into a unified and overarching curriculum on ethics and character development is a positive step.142 Such integration will better enable Academy leadership to present sexual harassment and assault in context

with other leadership issues facing future military officers.

FINDING 26B. The Sexual Assault Victim Intervention (SAVI) curriculum at the Naval Academy is designed to provide

both depth and breadth of understanding on sexual assault and related issues.

The SAVI program curriculum is comprehensive, providing both training on Navy policies and standards of conduct, as well as education

on sexual assault and related issues. Topics progress in complexity and depth of understanding so that, by the fourth year, the curriculum addresses implications of these issues on operations in the fleet.

NO RELATED RECOMMENDATIONS

FINDING 27A. The sexual harassment and assault curriculum used at the Military Academy is too limited in scope.

Although the Values Education Program curriculum provides training on Army policies and standards of conduct relating to sexual

harassment and assault, it only peripherally addresses sexual harassment or assault as larger leadership issues that threaten unit

readiness and effectiveness. In addition, the four-year curriculum is repetitive, with limited progression from basic to more advanced

concepts.

FINDING 27B. At the Naval Academy, the structure of the curricula addressing sexual harassment and sexual assault is

poorly integrated.

The sexual harassment curriculum at the Naval Academy is the purview of the Command Managed Equal Opportunity (CMEO) Program.

However, the sexual assault prevention curriculum is the purview of the Sexual Assault Victim Intervention (SAVI) Program. There is little integration between these two curricula and their approaches are different.143 In addition, despite a high correlation between sexual

assault and alcohol use, there is little integration between SAVI and the Naval Academy alcohol education program.

In January 2005, the Naval Academy began making changes to the character development curriculum taught by the Leadership, Ethics,

and Law Department. These changes will expand the four-year curriculum from twelve to fifteen semester hours and incorporate materials previously covered under the SAVI, CMEO, and alcohol education programs into the expanded academic curriculum. These

changes are a commendable step toward addressing these issues from both an awareness and a leadership-development perspective.

RECOMMENDATION 27A: Adapt existing programs to incorporate cadet and midshipman education on sexual harassment

and assault into a mandatory academic graded curriculum that addresses these subjects in a larger context of military

leadership and/or ethics.

At a minimum, this curriculum should

• Be an academic curriculum to the greatest extent possible. Where accreditation issues prevent specific materials from being

incorporated into an academic curriculum, other training forums may be used. However, cadet and midshipman performance

should still be evaluated and the results directly incorporated into their performance evaluation and overall class standing.

• Educate about DoD and service-specific policies and standards of conduct.

• Use a “building block approach” to address sexual harassment and assault in progressively greater depth and complexity across

the four-year curriculum. Areas of emphasis should include

- Implications of sexual harassment and assault for military readiness

- Personal safety, prevention, and risk reduction

- Human sexuality and mature and healthy interaction

- Factors contributing to sexual harassment and assault (eg., gender-motivated assault, toleration/bystander phenomenon, etc.)

- Military leadership strategies for preventing and/or responding to sexual harassment or assault

- Awareness of contemporary youth culture and attitudes

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Sexual Harassment & Violence at the Military Service Academies
- Resources available to both victims and the chain of command

- Confidentiality options available to victims of sexual assault.

• Build strong connections between theoretical learning in the classroom and practical application in the field or fleet.

• Build an understanding that sexual harassment and assault are not “women’s issues” but “leadership issues” that negatively

affect both genders and the military at-large.

- Avoid categorically stereotyping men as perpetrators and women as victims.

RECOMMENDATION 27B: Federal law144 regarding victim and witness rights should be incorporated into cadet and

midshipman military justice curricula.

FINDING 28A. The format and scheduling of sexual harassment and assault training and education programs at the

Academies undermine their importance.

There is no grading or evaluation of cadet or midshipman participation in the Values Education Program, SAVI, or CMEO Programs. In

addition, these classes are scheduled around academic classes and other events, and are thus held at inopportune times such as after

lunch or in the evenings. Discussion groups reflected a pervasive attitude among cadets and midshipmen that these programs are

viewed as less important than academic classes or athletics.

In January 2005, the Naval Academy began to incorporate materials previously covered under the SAVI and CMEO Programs into formal academic courses. This change is a commendable step in educating future officers on important leadership issues.

FINDING 28B. Sexual harassment and assault education programs at both Academies are overreliant on cadet or

midshipman instructors.

Each program relies on cadet or midshipmen to present materials under the supervision of faculty or staff members. Discussion groups

reveal that often, either presenters are completely unsupervised or the faculty or staff member is not present during the entire course

of a discussion. In addition, discussion groups described:

• A focus on presenting the required material in the shortest time possible

• A lack of a field or fleet perspective

• A lack of a mature, adult perspective

• A lack of accountability with regard to quality of instruction or level of student participation

• At the Naval Academy, presenters receiving training material shortly before the scheduled class, allowing limited preparation

RECOMMENDATION 28: Classes addressing sexual harassment and/or assault should be graded, conducted during academic hours, instructed by qualified faculty members, and incorporate a variety of instructional methods.

At a minimum, the following instructional methods should be included:

• Readings, lectures, guest lecturers, and theater performances

• Contemporary case studies and personal essays

• Decision analysis training

• Both gender-segregated and mixed-gender small group discussions and interaction

• Use of bystander-intervention programs145

• Peer-facilitated discussions, presentations and/or activities

FINDING 29. The sexual harassment and assault training programs at both Academies are not effective in conveying

key concepts.

Feedback from discussion groups with cadets and midshipmen and from the 2004 DoD IG Survey indicates a lack of understanding of

available support for sexual assault victims, including misunderstandings about

• the role of the chain of command in responding to sexual assaults;

• how to obtain medical care;

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Training and Education
• how to obtain counseling;

• how to obtain legal services; and

• the role of law enforcement and criminal investigative agencies.

RECOMMENDATION 29A: Establish routine assessments of existing training and education programs in conveying key

concepts relating to sexual harassment and assault services.

Such assessment should be continuous and ongoing. The assessment should integrate both an analysis of cadet or midshipman performance on the graded curriculum as well as solicited feedback received directly from the cadets and midshipmen. Similarly, training

and education programs for faculty, staff, and volunteers should integrate an assessment of participant understanding as well as

solicited feedback.

RECOMMENDATION 29B: Military history and leadership curricula should integrate gender issues.

At a minimum, these curricula should include the following:

• History and rationale of racial and gender integration in the US military, highlighting role models

• Importance of gender integration to meeting quality standards and manning requirements of an all-volunteer-force

• Rationale and implications of the 1993 decision regarding combat exclusion and current occupational-specialty restrictions

• Physiological differences between genders as the basis for differing physical fitness standards at military service academies and

in the military services

RECOMMENDATION 29C: Address the military ethos as it relates to the appropriate use of force and aggression within

the profession of arms.

At a minimum, this should include the following:

• integrating the subject into ethics and/or military leadership curricula across all four years

• integrating it into extracurricular programs and activities

• reinforcing it strongly in training and athletics programs

FINDING 30. Course materials and lesson plans used by sexual harassment and assault education programs at both

Academies are poorly designed.

Course materials and lesson plans addressing sexual harassment and assault prevention and response are uninspiring. Material for the

SAVI Program is notably better. A review of course materials and comments from cadet and midshipmen discussion groups yielded the

following criticisms, judging the material to be

• Overly standardized in both format and presentation (several respondents commented on the excessive use of Power Point briefings)

• Overly focused on the Academy environment without clear connections to the fleet or field

• Repetitive, with SAVI being a notable exception

• Remiss in not acknowledging current youth culture, trends, and social norms

• Generally outdated, with limited use of contemporary case studies

• Apt to categorically stereotype men as perpetrators and women as victims

• Without sufficient (or any) time for interactive discussion of issues

RECOMMENDATION 30A: Improve the quality and delivery of instructional materials.

Improvements should include the following:

• Greater variety of instructional methods, including those outlined under recommendation 28

• More timely distribution and discussion of cadet and midshipman sexual harassment and assault case studies

• More context and connection from an operational military perspective

• Discussion of the incompatibility of sexual harassment/assault with academy/service core values

• Greater use of current scholarly research

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Sexual Harassment & Violence at the Military Service Academies
• Understanding of the implications of current youth culture and social norms

• Greater emphasis on positive examples of appropriate behavior

• Cadet and midshipman feedback

RECOMMENDATION 30B: Establish an annual evaluation and update process in order to improve instructional materials

used in education related to sexual harassment and assault.

FINDING 31. Sexual harassment and assault education and training programs lack institutional continuity at

both Academies.

The lack of institutional continuity in sexual harassment and assault education programs at both Academies is due to the regular transition of military personnel into and out of key positions within these programs.

RECOMMENDATION 31: To ensure adequate long-term continuity in sexual harassment and assault education programs,

the Academies should incorporate either permanent military faculty or career civilian employees into an adequate number of the key positions.

FINDING 32. Noncommissioned and Chief Petty Officers assigned as Tactical or Brigade Staff at the Academies do not

receive adequate indoctrination into the service academy environment.

Most noncommissioned officers (NCOs) and Chief Petty officers selected for assignment to the Tactical Staff at the Military Academy

or the Brigade Staff at the Naval Academy do not have previous experience training officer candidates. Most are also not familiar with

service academy environments. The Military Academy offers a ten-day orientation course to newly assigned personnel; however, discussion groups report that Tactical NCOs commonly do not have the opportunity to complete the entire course. NCOs and Chief Petty

Officers assigned as Senior Enlisted Leaders do not receive any Naval Academy-specific training prior to assuming duties.

RECOMMENDATION 32: Establish a formal indoctrination process for all newly assigned Tactical or Brigade Staff Senior

Noncommissioned and Chief Petty Officers.

At a minimum, the following topics should be covered:

• the unique history and culture of the service academy;

• the service academy’s approach to officer candidate development;

• their role within the service academy environment; and

• Academy-specific sexual harassment and assault policies and prevention and response programs.

FINDING 33A. Faculty and staff at both Academies are inadequately trained in sexual harassment and assault issues.

Faculty and staff members at both Academies receive only the standard sexual harassment and assault prevention training routinely

provided to all Army or Navy personnel and employees.146 They do not receive training on their role in Academy prevention and

response programs, specifically

• understanding and enforcing Academy standards within classrooms; and

• responding appropriately to reports of possible sexual assault or misconduct.

FINDING 33B. Volunteers working closely with cadets or midshipmen do not receive adequate training on sexual

harassment or assault.

Both Academies rely on volunteers to augment faculty and staff in programs such as extracurricular athletics. No policy exists at either

Academy requiring these volunteers to receive training on sexual harassment or assault. Discussion groups and reviews of training

materials provided by the Academies suggest that little or none is being done. This creates a significant potential for volunteers to fail

to recognize conduct inconsistent with academy values, misadvise cadets or midshipmen on subjects related to sexual harassment and

assault, or to improperly handle information they may obtain regarding potential or alleged incidents.

RECOMMENDATION 33: Establish an effective training program for faculty, staff, sponsors, and volunteers who work

closely with cadets and midshipmen.

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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Training and Education
The program should address the following:

• Institutional policies and procedures regarding sexual harassment and assault

• Prevention and response programs in place for both cadets/midshipmen and faculty/staff/volunteers

• Role of faculty, staff, and volunteers in preventing and responding to potential incidents

FINDING 34. Newly assigned military and civilian chaplains, psychotherapists, counselors, and medical personnel do not

receive introductory training on Academy-specific policies and issues related to sexual assault victim support and confidentiality.

RECOMMENDATION 34: Establish a training program for newly assigned commanders, chaplains, psychotherapists,

counselors, medical personnel,147 victim advocates, and law enforcement personnel outlining Academy-specific policies

regarding sexual assault victim support and confidentiality.

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Sexual Harassment & Violence at the Military Service Academies
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CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Prevention

PREVENTION

FINDING 35. Execution and management of sexual harassment or assault prevention programs at both Academies are

fragmented and inadequate.

• The Military Academy:

- Limited focus – The Values Education Program is limited to providing training and does not address other components of an effective prevention program.

- Inadequate resources at SCPME – As of December 2004, SCPME was staffed at 71%. This is barely adequate to meet its training

responsibilities, let alone effectively oversee, advocate, or advise the Military Academy leadership on sexual harassment and/or

assault prevention initiatives beyond those that are training-related.

- Dissimilar programs for cadets and staff – The sexual harassment prevention program for faculty and staff is completely distinct

from the cadet Values Education Program. This precludes a shared frame of reference among cadets and faculty and staff with

regard to sexual harassment prevention.148

- Lack of staff program – There is no sexual assault prevention program for faculty and staff.

• The Naval Academy

- Lack of Command-level advocate – Sexual harassment and assault prevention programs have historically been overseen by

midlevel officers without ready access to academy senior leadership.

- Fragmentation between sexual harassment and sexual assault programs – The sexual harassment and the sexual assault prevention programs are distinct and separate, with very limited integration between the two.

The Naval Academy has recently taken strides towards improving the management and execution of sexual harassment and prevention

programs. In October 2004, a Sexual Harassment, Misconduct, and Assault Prevention and Response Program Manager position was

added to the staff of the academy superintendent. This program manager is a senior officer and is responsible for sexual harassment

and assault prevention program oversight for both the Brigade of Midshipmen and all other installation personnel.

RECOMMENDATION 35A: Develop an institutional sexual harassment and assault prevention plan that is evaluated and

updated annually.

Incorporate environmental change strategies such as awareness campaigns to change prevailing attitudes or social norms that support

sexual harassment and assault.149

RECOMMENDATION 35B: All sexual harassment and assault prevention programs at both Academies should ultimately

be overseen and directed by an 0-6 level officer or civilian equivalent on the Superintendent’s staff.150

This position or office should do the following:

• Be directly responsible for all prevention activities both within the Academy and on the installation

• Ensure executive-level awareness training is provided for all officers, senior enlisted officers, faculty, coaches, and volunteers who

work with cadets and midshipmen

• Establish relationships and regularly collaborate with local rape crisis and prevention organizations

- Be familiar with current research and theory regarding prevention

• Advocate for and advise Academy leadership on prevention issues, initiatives, and related topics to include

- Risk reduction

- Education and training

- Awareness activities and events

- Physical safety and security issues

- Cultural issues

- Incidence tracking

• Facilitate regular communication between Academy leadership with cadets and midshipmen on sexual harassment and assault incidents as they occur

• Be staffed and resourced at an appropriate level to execute the responsibilities outlined above
FINDING 36. Providing sufficient privacy for both genders while maintaining unit cohesion in cadet or midshipman living

areas remains a challenge at both Academies.

The existing design of living areas at both Academies requires gender-designated communal toilet facilities, access to which requires

travel through common halls. While showers are available in midshipmen’s rooms at the Naval Academy, the Military Academy offers

only gender-designated communal shower facilities. Review of cadet and midshipman misconduct case files, in addition to discussion

group interviews with cadets, midshipmen, Company Officers, and Tactical Officers, indicate that the requirement for cadets and midshipmen to travel through common areas in various states of dress often creates situations conducive to sexual harassment or other

forms of misconduct. Nevertheless, cadets and midshipmen overwhelmingly oppose gender-segregated living areas. The 2004 DoD IG

Survey indicates that 95.5% of women and 80% of men oppose gender-segregated living areas.151 In addition, discussion groups with

cadets and midshipmen indicate they believe gender segregation in living areas would undermine unit cohesion and lead to marginalization of female cadets and midshipmen.

RECOMMENDATION 36: Future renovations of cadet and midshipman living areas should be consistent with DoD directives eliminating communal toilet or bathing facilities in favor of smaller facilities in the individual living areas.

FINDING 37A. Existing supervision of cadets and midshipman living areas is insufficient to prevent sexual harassment or

assault at either Academy.

Despite supervision and physical security measures in cadet and midshipman living areas, data from the 2004 DoD IG Survey indicates

that 56.6% of sexual assaults affecting cadets or midshipmen occur in these areas.152 The same data indicates that 92% of the offenders were fellow cadets or midshipmen.153 Discussion groups with Tactical Officers, Company Officers, cadets, and midshipmen and

interviews with past victims suggest the following contributing factors:

• Limited officer supervision – Review of duty schedules and discussion-groups suggest the Tactical Officers at the Military

Academy and Company Officers at the Naval Academy are often too task-saturated to frequently be present and accessible in living areas.154 This problem is more pronounced at the Naval Academy, where Company Officers have instructor duties in addition to

their command responsibilities.

• Limited enlisted supervision – Discussion groups indicate that Army and Marine Corps Noncommissioned officers and Navy Chief

Petty Officers assigned to the Tactical Staff at the Military Academy or the Brigade Staff at the Naval Academy are often tasked

with extensive administrative duties. These duties limit their accessibility and presence in living areas.

• Overreliance on cadet and midshipmen in the Military Academy Cadet Guard and the Naval Academy Watch program – Both these

programs rely heavily on cadet or midshipmen to monitor living areas, particularly after hours and on weekends. However, the

2004 DoD IG Survey and discussion group interviews indicate that cadets and midshipmen place tremendous, often disproportionate, value on peer loyalty and resolving cadet or midshipman issues without involving supervisory personnel. This significantly limits the supervisory value of both programs.

FINDING 37B. Tactical Noncommissioned Officers at the Military Academy and Senior Enlisted Leaders at the Naval

Academy are an underutilized resource in sexual harassment and assault prevention.

The leadership abilities and extensive field and fleet experience that NCOs and Chief Petty Officers bring to the service academies

present an overlooked resource which could address many shortcomings in existing prevention programs. Tactical NCOs and Senior

Enlisted Leaders are selected in part for their experience and demonstrated leadership within their respective services. However, discussion groups suggest they are not always given a clear leadership and mentorship role with regard to cadets and midshipmen.

Instead, they are often assigned administrative duties.

RECOMMENDATION 37A: Tactical and Brigade Staff Officer, Senior Noncommissioned Officer, and Senior Enlisted

Leader duties need to be clearly defined and provide for greater direct interaction and involvement with cadets and

midshipmen, particularly during evening and weekend hours.

Changes should include the following:

• Eliminating burdensome administrative responsibilities.

• Relieving Tactical and Brigade Staff Senior Noncommissioned and Chief Petty Officers of administrative responsibilities that can be

performed by support staff.

• Making greater use of Senior Noncommissioned and Chief Petty Officers to set and enforce standards.

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Sexual Harassment & Violence at the Military Service Academies
• Making greater use of Senior Noncommissioned and Chief Petty Officer as mentors to cadets and midshipmen, in order for them to

share insights from a field/fleet perspective.

• Significantly expanding the number and role of Tactical and Brigade Staff within the Military Academy’s Cadet Guard and the Naval

Academy’s Watch programs. Tactical and Brigade Staff should be more visible in the living areas throughout waking hours and routinely spot-check cadet or midshipman performance and duty areas.

• Instituting unscheduled visits to each company area by Tactical or Brigade staff during evenings, weekends and holidays. These visits should be used to assess conduct, informally mentor, and make on-the-spot corrections.

• Limit the extent to which Company Officers at the US Naval Academy are assigned academic instructor duties.

See also RECOMMENDATION 5B.

FINDING 38. Admissions decisions are made without complete review of secondary school conduct and standardized

assessments of applicant attitudes and values.

Neither Academy requires applicants to sign a waiver authorizing secondary schools to release disciplinary information to the admissions committee, nor requires teacher assessments of applicants’ conduct in class. This diminishes the ability of admissions committees to evaluate an applicant’s propensity to treat others with dignity and respect. In addition, there is no standardized process used by

either Academy to assess applicant attitudes and values for compatibility with Academy or military values. Structured interview questions to assess applicants’ attitudes and values are not employed by Military Academy liaison officers, Naval Academy Blue and Gold

officers, Congressional members, their staff, or other nominating officials.

RECOMMENDATION 38A: Admissions offices should expand the selection process to obtain a summary of secondary

school conduct.

Particular attention should be given to the following:

• Requiring applicants to sign waivers allowing secondary schools to release any information on misconduct

• Obtaining teacher evaluations of applicants’ behavior regarding treatment of others with dignity and respect

RECOMMENDATION 38B: The Academy’s admission offices should incorporate a standardized assessment of applicants’

attitudes and values into the selection process to ensure compatibility with Academy and military values.

This revision should include the following:

• Military Academy liaison officers and the Naval Academy Blue and Gold officers performing structured interviews to assess applicants’ attitudes, values, and capacity to succeed in a diverse (in terms of gender, race, ethnicity, and religion) environment

• Structuring personal essays in the admissions process to gain greater insight into applicants’ character and values

FINDING 39. Admissions committee membership is not structured to reflect the diversity of the applicants.

RECOMMENDATION 39: Admissions committee membership should be restructured to ensure that it is representative of

the diversity of the applicant pool.

44

CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Prevention
COORDINATION BETWEEN MILITARY AND CIVILIAN COMMUNITIES

FINDING 40. The absence of formal relationships between the Academies and local support agencies assisting victims of

sexual assault has adversely affected the coordination of resources for victims’ care.

Neither Academy has established formal agreements with community agencies that address information exchange about or support for

victims of sexual assault.

RECOMMENDATION 40A: Follow the DoD policy regarding establishing collaborative relationships with civilian authorities for sexual assault victim support.155

Establish formal relationships through memoranda of understanding with community support agencies that provide services and

assistance to victims of sexual assault.

RECOMMENDATION 40B: Assign liaison personnel, such as a Sexual Assault Response Coordinator (SARC), to facilitate

coordination between Academies and the multiple civilian agencies responding to sexual assault.

FINDING 41. The Academies have not documented informal relationships with community support agencies to maintain

continuity as key personnel change assignments.

The Military Academy has not established any informal relationships with community support agencies for services to victims of sexual

assault. At the Naval Academy, existing informal community relationships are very effective at sharing information and fostering collaborative efforts; however, these relationships are not institutionalized or consistent in their approaches to victim support. The Naval

Academy staff has established varied relationships with at least eight different support agencies in the Annapolis area, but these relationships could be lost as current staff leave.

RECOMMENDATION 41: Document any existing informal relationships with community agencies, and incorporate such

documentation into procedures.

FINDING 42. The Academies do not adequately publicize community resources to cadets and midshipmen.

The Academies do not publicize or utilize community resources during sexual assault prevention, training, and education; thus, cadets

and midshipmen are not fully informed about the resources offered by these community agencies. Conversely, community agencies near

both Academies are not fully aware of the Academies’ culture, training, and processes employed to support and safeguard victims of

sexual assault.

RECOMMENDATION 42A: Collaborate with local community crisis counseling centers, where appropriate, in order to

augment sexual assault expertise into military training programs and to exchange nonidentifying sexual assault data

involving military personnel.

RECOMMENDATION 42B: Actively publicize information about available community resources and incorporate it into the

sexual assault prevention and awareness training.

FINDING 43. Academy law enforcement agencies have not established formal agreements with community law

enforcement agencies to address incidents of sexual assault.

Neither Academy’s law enforcement agencies have established formal agreements regarding incidents of sexual assault with surrounding community law enforcement agencies. In the past, informal relationships built on mutual respect and trust have been highly successful when the Academies collaborate with community law enforcement agencies. Academy law enforcement personnel feel that

mandating formal agreements interferes with fostering positive relationships with community law enforcement agencies.

RECOMMENDATION 43: Endorse and validate, through documentation, relationships with local law enforcement agencies.

Whether relationships are formal or informal, the Academies must document relationships so that key information is captured and

institutionalized.

45

Sexual Harassment & Violence at the Military Service Academies
PREPARATORY SCHOOLS

FINDING 44. The Academies’ preparatory schools face the same challenges as the Academies in preventing and

responding to sexual harassment and assault. While both schools have programs to address these issues, they are not

fully integrated into the larger programs at their respective Academies.

Because of the small size and more remote locations of the preparatory schools, their efforts are not as well coordinated, supported,

and overseen as the programs at the Academies. The preparatory schools have the additional challenge of having only a ten-month program for one class instead of a four-year hierarchical structure. Both Academies have recently focused more attention on integrating

the programs at the preparatory schools into those at the Academies.

RECOMMENDATION 44: The Military and Naval Academies should fully integrate the preparatory schools into the prevention, training, and response programs and initiatives at each of the Academies. Any evaluation and oversight of the

Academies’ progress in addressing sexual harassment and assault should include the preparatory schools.

46

CHAPTER 5: TASK FORCE FINDINGS AND RECOMMENDATIONS

Preparatory Schools
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Sexual Harassment & Violence at the Military Service Academies

H.R.1588

National Defense Authorization Act for Fiscal Year 2004

(Enrolled as Agreed to or Passed by Both House and

Senate)

Sec. 526. Defense Task Force on Sexual

Harassment and Violence at the Military

Service Academies.

(a) ESTABLISHMENT- The Secretary of Defense shall

establish a Department of Defense task force to examine matters relating to sexual harassment and violence at the United

States Military Academy and the United States Naval

Academy.

(b) RECOMMENDATIONS- Not later than 12 months

after the date on which all members of the task force have been

appointed, the task force shall submit to the Secretary of

Defense a report recommending ways by which the

Department of Defense and the Department of the Army and

the Department of the Navy may more effectively address matters relating to sexual harassment and violence at the United

States Military Academy and the United States Naval

Academy, respectively. The report shall include an assessment

of, and recommendations (including any recommended changes

in law) for measures to improve, with respect to sexual harassment and violence at those academies, the following:

(1) Victims' safety programs.

(2) Offender accountability.

(3) Effective prevention of sexual harassment and violence.

(4) Collaboration among military organizations with

responsibility or jurisdiction with respect to sexual harassment and violence.

(5) Coordination between military and civilian communities, including local support organizations, with respect to

sexual harassment and violence.

(6) Coordination between military and civilian communities, including civilian law enforcement relating to acts of

sexual harassment and violence.

(7) Data collection and case management and tracking.

(8) Curricula and training, including standard training

programs for cadets at the United States Military Academy

and midshipmen at the United States Naval Academy and

for permanent personnel assigned to those academies.

(9) Responses to sexual harassment and violence at those

academies, including standard guidelines.

(10) Other issues identified by the task force relating to sexual harassment and violence at those academies.

(c) METHODOLOGY- The task force shall consider the findings and recommendations of previous reviews and investigations of sexual harassment and violence conducted for those

academies as one of the bases for its assessment.

(d) REPORT- (1) The task force shall submit to the Secretary

of Defense and the Secretaries of the Army and the Navy a

report on the activities of the task force and on the activities of

the United States Military Academy and the United States

Naval Academy to respond to sexual harassment and violence

at those academies.

(2) The report shall include the following:

(A) Any barriers to implementation of improvements as a

result of those efforts.

(B) Other areas of concern not previously addressed in prior

reports.

(C) The findings and conclusions of the task force.

(D) Any recommendations for changes to policy and law as

the task force considers appropriate, including whether cases

of sexual assault at those academies should be included in the

Department of Defense database known as the Defense

Incident-Based Reporting System.

(3) Within 90 days after receipt of the report under paragraph

(1) the Secretary of Defense shall submit the report, together

with the Secretary's evaluation of the report, to the Committees

on Armed Services of the Senate and House of Representatives.

(e) REPORT ON AIR FORCE ACADEMYSimultaneously with the submission of the report under subsection (d)(3), the Secretary of Defense, in coordination with the

Secretary of the Air Force, shall submit to the committees specified in that subsection the Secretary's assessment of the effectiveness of corrective actions being taken at the United States

Air Force Academy as a result of various investigations conducted at that Academy into matters involving sexual assault

and harassment.

(f ) COMPOSITION- (1) The task force shall consist of not

more than 14 members, to be appointed by the Secretary of

Defense. Members shall be appointed from each of the Army,

Navy, Air Force, and Marine Corps, and shall include an

equal number of personnel of the Department of Defense (military and civilian) and persons from outside the Department of
Defense. Members appointed from outside the Department of

Defense may be appointed from other Federal departments and

agencies, from State and local agencies, or from the private sector.

(2) The Secretary shall ensure that the membership of the task

force appointed from the Department of Defense includes at

least one judge advocate.

(3) In appointing members to the task force, the Secretary may-

(A) consult with the Attorney General regarding a representative from the Office of Violence Against Women of the

Department of Justice; and

(B) consult with the Secretary of Health and Human

Services regarding a representative from the Women's Health

office of the Department of Health and Human Services.

(4) Each member of the task force appointed from outside the

Department of Defense shall be an individual who has

demonstrated expertise in the area of sexual harassment and

violence or shall be appointed from one of the following:

(A) A representative from the Office of Civil Rights of the

Department of Education.

(B) A representative from the Centers for Disease Control

and Prevention of the Department of Health and Human

Services.

(C) A sexual assault policy and advocacy organization.

(D) A civilian law enforcement agency.

(E) A judicial policy organization.

(F) A national crime victim policy organization.

(5) The members of the task force shall be appointed not later

than 120 days after the date of the enactment of this Act.

(g) CO-CHAIRS OF THE TASK FORCE- There shall be

two co-chairs of the task force. One of the co-chairs shall be

designated by the Secretary of the Defense at the time of

appointment from among the Department of Defense personnel on the task force. The other co-chair shall be selected

from among the members appointed from outside the

Department of Defense by those members.

(h) ADMINISTRATIVE SUPPORT- (1) Each member of

the task force who is a member of the Armed Forces or a

civilian officer or employee of the United States shall serve

without compensation (other than compensation to which

entitled as a member of the Armed Forces or an officer or

employee of the United States, as the case may be). Other

members of the task force shall be appointed in accordance

with, and subject to, section 3161 of title 5, United States

Code.

(2) The Deputy Under Secretary of Defense for Personnel and

Readiness, under the direction of the Under Secretary of

Defense for Personnel and Readiness, shall provide oversight of

the task force. The Washington Headquarters Services of the

Department of Defense shall provide the task force with personnel, facilities, and other administrative support as necessary

for the performance of the task force's duties.

(3) The Deputy Under Secretary shall coordinate with the

Secretary of the Army to provide visits of the task force to the

United States Military Academy and with the Secretary of the

Navy to provide visits of the task force to the United States

Naval Academy.

(i) TERMINATION- The task force shall terminate 90

days after the date on which the report of the task force is

submitted to the Committees on Armed Services of the

Senate and House of Representatives pursuant to subsection

(d)(3).

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APPENDIX A: H.R.1588: NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004, SEC 526

Appendix A. H.R.1588: National Defense Authorization Act for Fiscal Year 2004, Sec 526
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Sexual Harassment & Violence at the Military Service Academies
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APPENDIX B: SECRETARY OF DEFENSE CHARGE TO MOVE FORWARD

Appendix B. Secretary of Defense Charge to Move Forward
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Sexual Harassment & Violence at the Military Service Academies
A-6

APPENDIX C: DATA CALL REQUEST

Appendix C: Data Call Request
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Sexual Harassment & Violence at the Military Service Academies
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APPENDIX C: DATA CALL REQUEST

Appendix C: Data Call Request
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Sexual Harassment & Violence at the Military Service Academies
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APPENDIX C: DATA CALL REQUEST

Appendix C: Data Call Request
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Sexual Harassment & Violence at the Military Service Academies
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APPENDIX C: DATA CALL REQUEST

Appendix C: Data Call Request
Article 120 Rape and Carnal Knowledge

a. Text.

“(a) Any person subject to this chapter who commits an

act of sexual intercourse by force and without consent, is

guilty of rape and shall be punished by death or such

other punishment as a court-martial may direct.”

(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of

sexual intercourse with a person—

(1) who is not his or her spouse; and

(2) who has not attained the age of sixteen years, is

guilty of carnal knowledge and shall be punished as

a court-martial may direct.

(c) Penetration, however slight, is sufficient to complete

either of these offenses.

(d)(1) In a prosecution under subsection (b), it is an

affirmative defense that—

(A) the person with whom the accused committed

the act of sexual intercourse had at the time of the

alleged offense attained the age of twelve years; and

(B) the accused reasonably believed that the person

had at the time of the alleged offense attained the

age of 16 years.

(2) The accused has the burden of proving a defense

under subparagraph (d)(1) by a preponderance of

the evidence.

b. Elements.

(1) Rape. (Death)

(a) That the accused committed an act of sexual

intercourse; and

(b) That the act of sexual intercourse was done by

force and without consent.

(2) Carnal Knowledge. (12 and over—20 years; under

12—life without parole)

(a) That the accused committed an act of sexual

intercourse with a certain person;

(b) That the person was not the accused’s spouse; and

(c) That at the time of the sexual intercourse the person was under 16 years of age.

Article 125 Sodomy

a. Text.

“(a) Any person subject to this chapter who engages in

unnatural carnal copulation with another person of the

same or opposite sex or with an animal is guilty of

sodomy. Penetration, however slight, is sufficient to

complete the offense.

(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.”

b. Elements. (5 years)

(1) That the accused engaged in unnatural carnal copulation with a certain other person or with an animal.

(Note: Add either or both of the following elements, if

applicable)

(2) That the act was done with a child under the age of

16. (12 and over—20 years; under 12—life without

parole)

(3) That the act was done by force and without the consent of the other person. (life without parole)

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Sexual Harassment & Violence at the Military Service Academies

CURRENT SEX CRIMES UNDER UNIFORM CODE OF MILITARY JUSTICE

The following is a list of the current sex-related crimes under the Uniform Code of Military Justice,

including Article 120, Rape and Carnal Knowledge. Maximum punishments are italicized and listed in

parenthesis. Note that there are no sentencing guidelines or minimum sentences in the military. Anything

from no punishment at all up to the maximum punishment may be adjudged by the judge or panel members.
Article 134 Adultery

a. Text. See paragraph 60*.

b. Elements. (1 year)

(1) That the accused wrongfully had sexual intercourse

with a certain person;

(2) That, at the time, the accused or the other person

was married to someone else; and

(3) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

Article 134 Indecent Assault

a. Text. See paragraph 60*.

b. Elements. (5 years)

(1) That the accused assaulted a certain person not the

spouse of the accused in a certain manner;

(2) That the acts were done with the intent to gratify

the lust or sexual desires of the accused; and

(3) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

Article 134 Assault with Intent to Commit Murder,

Voluntary Manslaughter, Rape, Robbery, Sodomy, Arson,

Burglary, or Housebreaking

a. Text. See paragraph 60*.

b. Elements. (murder or rape—20 years; all others except

housebreaking—10 years; housebreaking—5 years)

(1) That the accused assaulted a certain person;

(2) That, at the time of the assault, the accused intended to kill (as required for murder or voluntary

manslaughter) or intended to commit rape, robbery,

sodomy, arson, burglary, or housebreaking; and

(3) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

Article 134 Indecent Acts or Liberties with a Child

a. Text. See paragraph 60*.

b. Elements. (7 years)

(1) Physical Contact.

(a) That the accused committed a certain act upon

the body of a certain person;

(b) That the person was under 16 years of age and

not the spouse of the accused;

(c) That the act of the accused was indecent;

(d) That the accused committed the act with intent

to arouse, appeal to, o gratify the lust, passions, or sexual desires of the accused, the victim, or both; and

(e) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

(2) No physical Contact.

(a) That the accused committed a certain act;

(b) That the act amounted to the taking of indecent

liberties with a certain person;

(c) That the accused committed the act in the presence of this person;

(d) That this person was under 16 years of age and

not the spouse of the accused;

(e) That the accused committed the act with intent

to arouse, appeal to, o gratify the lust, passions, or sexual desires of the accused, the victim, or both; and

(f ) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

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APPENDIX D: CURRENT SEX-RELATED CRIMES UNDER THE UCMJ

Appendix D: Current Sex-Related Crimes Under the UCMJ
Article 134 Indecent Exposure

a. Text. See paragraph 60*.

b. Elements. (6 months)

(1) That the accused exposed a certain part of the

accused’s body to public view in an indecent manner;

(2) That the exposure was willful and wrongful; and

(3) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

Article 134 Indecent Language

a. Text. See paragraph 60*.

b. Elements. (to a child under 16—2 years; otherwise 6

months)

(1) That the accused orally or in writing communicated

to another person certain language;

(2) That such language was indecent; and

(3) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

(Note: In appropriate cases add the following element

after element (1): That the person to whom the language

was communicated was a child under the age of 16.)

Article 134 Indecent Acts with Another

a. Text. See paragraph 60*.

b. Elements. (5 years)

(1) That the accused committed a certain wrongful act

with a certain person;

(2) That the act was indecent; and

(3) That, under the circumstances, the conduct of the

accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring

discredit upon the armed forces.

*60. Article 134 General Article

a. Text.

“Though not specifically mentioned in this chapter, all

disorders and neglects to the prejudice of good order and

discipline in the armed forces, all conduct of a nature to

bring discredit upon the armed forces, and crimes and

offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the

nature and degree of the offense, and shall be punished at

the discretion of that court.”

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Sexual Harassment & Violence at the Military Service Academies
A-16

APPENDIX E: CENTER FOR PERSONAL DEVELOPMENT INFORMED CONSENT FORM

Appendix E: Center for Personal Development Informed Consent Form
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Sexual Harassment & Violence at the Military Service Academies
A-18

APPENDIX E: CENTER FOR PERSONAL DEVELOPMENT INFORMED CONSENT FORM

Appendix E: Center for Personal Development Informed Consent Form
A-19

Sexual Harassment & Violence at the Military Service Academies
TASK FORCE COMPOSITION

Task Force Members

Vice Admiral Gerald L. Hoewing – Co Chairperson

Ms. Delilah D. Rumburg – Co Chairperson

Mrs. Anita M. Carpenter 

Colonel Sharon K. G. Dunbar 

Brigadier General Gina S. Farrisee

Rear Admiral Louis V. Iasiello

Sergeant Major Alford L. McMichael 

Ms. Sophia E. (Vera) Mikula

Dr. Laura L. Miller

Major General (Retired) Michael J. Nardotti, Jr.

Brigadier General Jarisse J. Sanborn

Honorable Diane M. Stuart

Task Force Staff

Military:

Colonel William J. Huleatt - Director

Commander Catherine K. Phillips

Lieutenant Colonel Mark A. McNair

Commander Willie D. Billingslea

Lieutenant Commander Leslie K. Stolasz

Major Thomas S. Smith

Major Jennifer S. Knies

Civilian:

Brigadier General (Retired) Thomas R. Cuthbert

Ms. Bette Stebbins

Ms. Amy Hoang Wrona

Ms. Lonnie Weiss

Mr. William H. Harkey

Ms. Catherine Findlay

Ms. Pooying Kimball-Huth

Ms. Janet LaFave

Ms. Myrtle Johnson

Ms. Chaka McRae

Mr. Gerald R. Warren

Ms. Heather Meyers

Ms. Tammie Wims

A-20

APPENDIX F: TASK FORCE COMPOSITION AND ACKNOWLEDGEMENTS

Appendix F: Task Force Composition and Acknowledgements
Allied Supreme Headquarters, North Atlantic Treaty

Organization

Anne P. Munch and Associates

Catharsis Productions

Colorado Coalition Against Sexual Assault

Department of Defense, Defense Manpower Data Center 

Department of Defense, Office of the Inspector General

Department of Defense, Joint Task Force on Sexual

Assault Prevention and Response

Department of Defense, Office of the Deputy

Undersecretary of Defense for Military Community and

Family Policy

Department of Defense, Office of the Deputy

Undersecretary of Defense for Plans

Department of Defense, Office of the General Counsel

Department of Defense, Office of the Undersecretary of

Defense for Personnel & Readiness

Department of Defense, Washington Headquarters

Service

Department of Justice, Office on Violence Against

Women

Indiana Coalition Against Sexual Assault

Men Can Stop Rape

National Center for Higher Education Risk Management

National Conference on Sexual Assault in Our Schools

National Sexual Violence Resource Center

North Carolina Coalition Against Sexual Assault

Patton Boggs, LLP

Pennsylvania Coalition Against Rape

Rand Corporation

Saint Mary’s High School

United Stated Air Force

United States Air Force Academy

United States Army

United States Coast Guard Academy

United States Marine Corps

United States Military Academy

United Stated Military Academy Preparatory School

United States Naval Academy

United States Naval Academy Preparatory School

United States Navy

Valliere & Counseling Associates, Inc.

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Sexual Harassment & Violence at the Military Service Academies

The Task Force would also like to offer a special thanks to the many individuals who made the personal sacrifices required to

share their views, perspectives and experiences with our members. This report and its recommendations are much better

informed because of their willingness to share.

TASK FORCE ACKNOWLEDGMENTS

The Task Force would like to thank the following organizations for their support and advice:
GLOSSARY OF TERMS

AACSACC – Anne Arundel County Sexual Assault Crisis Center 

CHPWC – Cadet Health Promotion and Wellness Council 

CID – US Army Criminal Investigative Command

CMEO – Command Managed Equal Opportunity Program

CMHS – Community Mental Health Services 

CPD – Center for Personal Development

DEOMI – Defense Equal Opportunity Management Institute

DIBRS – Defense Incident Based Reporting System

DoD – Department of Defense

EEO – Equal Employment Opportunity

EO – Equal Opportunity

EOA – Equal Opportunity Advisors

GAO – General Accountability Office, formerly the Government Accounting Office

JAG – Judge Advocate General

KACH – Keller Army Community Hospital 

MDC – Midshipmen Development Center 

MAA – Mutual Assistance Agreement

MOA – Memoranda of Agreement 

MOU – Memoranda of Understanding 

MRE – Military Rules of Evidence

NAPS – Naval Academy Preparatory School

NCIS – Naval Criminal Investigative Services

NLSO – Naval Legal Service Office

NCIS – Naval Criminal Investigative Services 

NCO – Non-commissioned officer

SACC – Sexual Assault Crisis Center 

SAFE – Sexual Assault Forensic Exam

SARP – Sexual Assault Response Program 

SART – Anne Arundel Sexual Assault Response Team 

SAVI – Sexual Assault Victim Intervention Program

SCPME – Simon Center for Professional Military Ethic

SEL – Senior Enlisted Leader

SJA – Staff Judge Advocate 

UCMJ – Uniform Code of Military Justice

USMA – United States Military Academy

USNA – United States Naval Academy

A-22

APPENDIX G: GLOSSARY OF TERMS

Appendix G: Glossary of Terms
Figures

Figure Title Page

1 Task Force Methodology 1

2 Victim Care at the Military Academy 11

3 Victim Care at the Naval Academy 12

4 Abbreviated Adjudication Process 14

5 Values Education Program at the Military Academy 16

6 SAVI Curriculum at the Naval Academy 17

Tables

Table Title Page

1 Definitions 1

2 2004 DoD IG Survey 4

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Sexual Harassment & Violence at the Military Service Academies

LISTING OF TABLES AND FIGURES
1 Without defining the terms, Congress established the 

requirement to assess “sexual harassment and violence” at the 

Military Service Academies.

2 US General Accounting Office (GAO), DOD Service Academies:

More Actions Needed to Eliminate Sexual Harassment (Washington

DC: US Government Printing Office, January 1994).

3 US Department of Defense, Task Force to Review Sexual

Misconduct Allegations at the US Air Force Academy, Report of The

Panel to Review Sexual Misconduct Allegations at the U.S. Air Force

Academy (Washington DC: US Government Printing Office,

September 2003).

4 US Department of Defense, Office of the Inspector General of the

Department of Defense’s Report on the Service Academy Sexual Assault

and Leadership Survey (Washington DC: Office of the Inspector

General, March 2005). The IG collected data for this report in 2004

and, in the text of this report, it is referred to as the “2004 DoD

IG Survey”.

5 Service providers included Academy medical workers, mental health

workers, victim advocates, victim witness assistants, and chaplains as

well as civilian medical and mental health workers.

6 Discussion groups included the following: cadets and midshipmen

of all ranks and both genders, exchange students, cadet-candidates

and midshipmen-candidates, academic department heads, tenured

and untenured civilian professors, regular and permanent military

teaching staff, physical education coaches and staff, civilian and military nonteaching administrators, tactical officers/company officers,

tactical noncommissioned officers/senior enlisted leaders, regimental

tactical officers/battalion officers, and officer representatives for sports

teams and extracurricular activities.

7 The Task Force visited the US Air Force Academy on

November 17, 2004, in order to obtain information regarding its current sexual harassment and sexual assault policies and procedures.

Briefing topics included the following:

• Background/History of Sexual Assault at the 

US Air Force Academy

• Officer Development System

• Sexual Assault Response Team

• Culture Campaign Plan

Additionally, the Task Force met with Air Force cadets and exchange

cadets/midshipmen in a discussion panel.

8 The Task Force co-chairs visited the US Coast Guard Academy on

January 11, 2005, in order to obtain information regarding its current

sexual harassment and sexual assault policies and procedures. Briefing

topics included the following:

• Sexual Assault Prevention Program Overview 

• Sexual Assault and Harassment Awareness & Prevention fouryear training program 

• Sexual Assault Task Force Peer Helpline Standard 

Operating Procedures 

• Superintendent Instruction 1754.1A, Reporting Sexual Assault 

• Cadet Human Relations Survey Summary 

Additionally, the co-chairs had an opportunity to meet with students,

faculty, and staff during discussion panels.

9 Experts on harassment and assault at civilian universities include:

Ms. Monika Johnson-Hostler, Executive Director of the North

Carolina Coalition Against Sexual Assault; Ms. Gail Stern and Mr.

Christian Murphy from Catharsis Productions, who perform the “Sex

Signals” education program on college campuses; and Mr. Brett

Sokolow, JD, Risk Management Consultant, who advises universities

on how to change their policies and cultures to reduce campus sexual

harassment and assault. Ms. Anne Munch, JD, from Anne P. Munch

and Associates, provided insights on prosecuting sexual assault cases,

and Dr. Veronique Valliere, PsyD, from Valliere & Counseling

Associates, Inc., provided research findings and insights into the psychology of sexual predators.

10 Center for Disease Control and Prevention, “Sexual Violence

Prevention: Beginning the Dialogue,” presentation by the CDC,

Atlanta, GA, 2004. A publication on the issues above is in press and

expected summer 2005. The model, however, has decades-old usage

in public health analysis.

11 The ecological model supports a complete public health approach

that addresses individual risk factors and behaviors, norms, beliefs,

and social and economic systems that affect individuals, family, community and society.

12 US GAO, More Actions Needed, 2.

13 United States General Accounting Office. Report to Congressional

Requesters, DoD Service Academies: Update on Extent of Sexual

Harassment, March 1995.

14 The Report of the Panel to Review Sexual Misconduct Allegations

at the U.S. Air Force Academy, September 2003.

15 US DOD, Office of the Inspector General of the Department of

Defense’s Report.

16 The data provided in the 2004 DoD IG Survey do not permit the

calculation of a precise rate of sexual assault at the Academies. Of the

1906 females surveyed, 262 (13.7%) reported experiencing sexual

assault sometime during their Academy career. The 1906 females represented all classes at the Academies (i.e., 1st through 4th year);

therefore, the time period in which these experiences occurred varied

from less than 1 year to roughly 4 years.

17 US Department of Defense, Task Force Report on Care for Victims of

Sexual Assault (Washington DC: Task Force on Care for Victims of

Sexual Assault, April 2004).

18 To reduce the backlog and processing times, the Army Criminal

Investigative Command undertook several initiatives. First, a new

laboratory facility is scheduled to open in the summer of 2005, and a

substantial expansion of the new facility has already been approved by

the Army. Second, a new case-tracking system, designated as the

Laboratory Information Management System, was selected and will

be operational by June 2006. Third, a program to obtain resource support from the other Services, which use the Criminal Investigative

Laboratory without reimbursement, was established. Finally, the

Army approved a personnel plan that nearly doubles the number of

DNA analytical personnel at the Criminal Investigative Laboratory,

from 19 to 36.

19 Chaplains are distinct in that they have absolute confidentiality.

Under MRE 503, a communication from a victim to a chaplain is a

confidential communication if disclosed to a clergyman or a clergyman’s assistant in his or her official capacity, as a formal act of religion

or as a matter of conscience.

N-1

END NOTES

End Notes
20 According to an August, 2002 report from the Bureau of Justice

Statistics entitled “Rape and Sexual Assault: Reporting to Police and

Medical Attention, 1992–2000,” “Sixty-three percent of completed

rapes, 65% of attempted rapes, and 74% of completed and attempted

sexual assaults against females were not reported to the police.”

This report is available online at http://www.ojp.usdoj.gov/bjs/pub/

pdf/rsarp00.pdf.

21 The Task Force conducted multiple focus groups at both

Academies on November 30 and December 2, 2004. During these

focus groups, cadets and midshipmen stated that some of their peers

believe that women do not belong at the Academies and that these

attitudes may be reinforced by some vocal alumni.

22 Centers for Disease Control, “Youth Risk Behavior Surveillance—

United States, 2003,” CDC Morbidity & Mortality Weekly Report 53,

SS-2 (2004):1–29.

Most cadets and midshipmen bring to the Academy experiences and

expectations developed in their high schools, although some enter the

Academy after a period of military service. Recent data on the activities of American adolescents provide some insight into the hazards of

the environments they have navigated. The Youth Risk Behavior

Survey conducted by the CDC found that among 12th graders:

• 55.9% had participated in underage drinking in the 

previous month 

• 33.3% had ridden in a vehicle with a driver who had 

consumed alcohol

• 13.6% of girls and 25.6% of boys had in the previous month

driven a vehicle after drinking

• 62.3% of girls and 60.7% of boys had already had 

sexual intercourse

• 17.9% of girls and 22.2% of boys had already had four or more

sexual partners

• 17.6% of girls and 33.5% of boys had drunk alcohol or used

drugs before their last sexual intercourse

23 Centers for Disease Control, “Youth Risk Behavior Surveillance.”

The Centers for Disease Control found in 2003 that among 12th

graders 11.6% of girls and 6.6% of boys had been forced to have sexual intercourse.

24 National Institute on Alcohol Abuse and Alcoholism (NIAAA),

A Call to Action: Changing the Culture of Drinking at U.S. Colleges

(Washington DC: NIAAA, April 9, 2005).

The NIAAA states that alcohol is involved in 70,000 cases of sexual

assault and acquaintance rape each year of students between the ages

of 18 and 24.

25 Of the sexual assault cases provided to the Task Force to review,

alcohol was involved in 58% of cases from the Military Academy and

57% of cases from the Naval Academy.

26 US DOD, Office of the Inspector General of the Department of

Defense’s Report.

27 US DOD, Office of the Inspector General of the Department of

Defense’s Report.

28 According to the Office of the Inspector General of the Department of

Defense’s Report on the Service Academy Sexual Assault and Leadership

Survey, 36% of female and 17% of male cadets at the Military

Academy believe that—to a large or very large extent—peers “allow

personal loyalties to affect reporting of sexual assault.” 40% of female

and 22% of male midshipmen believe the same about their Naval

Academy peers.

29 US GAO, More Actions Needed.The 1994 GAO survey asked all students, not just victims, about the negative consequences of reporting

harassment (rather than assault), and offered a range of potential outcomes that differed from the Office of the Inspector General of the

Department of Defense’s Report on the Service Academy Sexual Assault and

Leadership Survey, published in 2005 (data from 2004). The 1994 GAO

survey found that among the female students at all three of the military

service academies, over three-quarters believed that sexual harassment

victims who reported the incidents would likely “be viewed as a crybaby,” over half believed victims would likely “be shunned,” about half

believed victims “would be viewed less favorably by the student chain,”

and about a third believed they would receive lower military grades.

Because the two surveys measured different types of responses to

reporting different types of incidents (harassment vs. assault), we cannot determine whether there has been a change in the past 10 years.

30 Annette Y. Lee-Chai and John A. Bargh, eds., The Use and Abuse of

Power: Multiple Perspectives on the Causes of Corruption (Philadelphia,

PA: Psychology Press, 2001).

31 Lisa D. Bastian, Anita R. Lancaster, and Heidi E. Reyst,

Department of Defense 1995 Sexual Harassment Survey (Arlington, VA:

Defense Manpower Data Center, 1995); Melanie Martindale, Sexual

Harassment in the Military: 1988 (Arlington, VA: Defense Manpower

Data Center, 1990); Robert E. Niebuhr and Wiley R. Boyles, “Sexual

Harassment of Military Personnel: An Examination of Power

Differentials,” International Journal of Intercultural Relations 15 (1991):

445–57; Margaret S. Stockdale, ed., Sexual Harassment in the Workplace

(Thousand Oaks, CA: Sage, 1996); and Sandy Welsh, “Gender and

Sexual Harassment,” Annual Review of Sociology 25:169–90.

32 The relationship between male-dominated environments and sexual

harassment is well documented:

James E. Gruber, “The Impact of Male Work Environments and

Organizational Policies on Women's Experiences of Sexual

Harassment,” Gender & Society 12, no.3 (1998): 301–20; Phyllis

Kernoff Mansfield, Patricia Barthalow Koch, Julie Henderson, Judith

R. Vicary, Margaret Cohn, and Elaine W. Young, “The Job Climate

for Women in Traditionally Male Blue-Collar Occupations,” Sex

Roles 25, no. 112 (1991): 63–79; Irene Padavic, “The Re-Creation of

Gender in a Male Workplace,” Symbolic Interaction 14, no. 3 (1991):

279–94; Barbara F. Reskin, Debra B. McBrier, and Julie A. Kmec,

“The Determinants and Consequences of Workplace Sex and Race

Composition,” Annual Review of Sociology 25 (1999): 335–61; and

Vicki Schultz, “Reconceptualizing Sexual Harassment,” Yale Law

Journal 107, no. 6: 1683–1805.

33 This issue is significant in ground combat arms, where most of the

combat exclusions exist. Over half of the male graduates of USMA

enter career fields closed to women.

N-2

Sexual Harassment & Violence at the Military Service Academies
34 Faculty/staff gender demographics include the following:

Academy Key Faculty/Staff Gender Demographics

Chain of Command USMA USNA

Males Females Males Females

Superintendent, Commandant, 4050

Deputy Commandant, Chief

of Staff, Command Sergeant

Major/Brigade Master Chief

Regimental/Battalion Officers 2251

Tactical/Company Officers 36 6 27 3

Company NCOs/SELs 27 4 24 6

Faculty

Deans/Vice Deans 3031

Department Heads 15 0 18 7

Military Faculty: Permanent* 71 10 22 0

Military Faculty: Rotational** 317 35 179 25

Civilian Faculty 99 35 230 89

Athletics

Head Coaches 18 1 24 3

Assistant Coaches 40 10 44 9

*The Permanent Military Professor Program at the Naval Academy is

a recent program that began in 1997. This program’s parallel at the

Military Academy began in the early 19th century.

** Rotational military faculty are typically assigned to the Academies

for a 2–4-year tour.

35 Laura L. Miller, “Not Just Weapons of the Weak: Gender

Harassment as a Form of Protest for Army Men,” Social Psychology

Quarterly 60, no. 1 (1997): 32–51; Schultz, Vicki, “Reconceptualizing

Sexual Harassment,” Yale Law Journal 107, no. 6 (1998): 1683–1805;

Margaret S. Stockdale, ed., Sexual Harassment in the Workplace

(Thousand Oaks, CA: Sage, 1996); and Sandy Welsh, “Gender and

Sexual Harassment”.

36 The US Military Academy utilizes sexual assault response procedures which focus on Victim Advocacy and are centered on the chain

of command. The resources employed to assist victims include victim

advocates, psychotherapists, staff judge advocates, chain of command,

chaplains, and medical personnel. These resources, through the Tactical

Officer/Tactical Non-Commissioned Officer, coordinate actions and

meet monthly, as per MEDCOM Regulation 40-36, to review the

handling of each case. The policy that sets forth the sexual assault

response procedures discusses the duty to report, confidentiality, transactional immunity, and reporting procedures. It has been revised to

include no contact orders, flexible sequencing of collateral conduct

punishment, a Victim Witness Coordinator, and quelling of rumors.

The Cadet Health Promotion and Wellness Council (CHPWC) provides a forum for all interested parties to periodically meet and discuss

any issue or trend that is pertinent to sexual harassment or violence.

Under the CHPWC chair, the following subcommittees have been

established: Alcohol Awareness Education, Eating Disorder, Military

Medicine, and Sexual Assault Education and Prevention. Under the

Sexual Assault Education and Prevention Subcommittee, there are

three action teams: Education, Prevention Treatment and Response,

and Policy and Discipline.

More information on sexual assault response procedures can be

found in R12 2030Z Nov 04 ALARACT RELEASE AUTHORITY (UC) ALARACT 176/2004, “Interim Guidance: Army Sexual

Assault Prevention and Response Program” and USCC Policy

Memorandum 39-03.

37 The female chaplain, a prior Military Academy graduate, has served

as the primary spiritual advisor for cadet victims of sexual assault.

38 The Center for Personal Development (CPD) currently consists of

two female and two male psychotherapists, with the Director position

being held by the active duty female psychotherapist. Under recent

policy, the Victim Advocate role is performed by the two female psychotherapists. However, a male psychotherapist is available and can

perform the role of Victim Advocate if necessary. When an incident is

initially reported to the Command or Criminal Investigative

Command, either source will contact the Victim Advocate and request

that the Victim Advocate meet the victim and provide support. The

Victim Advocate may escort the victim to command, medical, or legal

appointments and conduct follow-up consultations with the victim via

e-mail, phone calls, and/or by making appointments for the victim at

CPD. CPD is located in close proximity to the cadet living areas.

Community Mental Health Services (CMHS), Keller Army

Community Hospital, was the provider of care to victims of sexual

assault prior to 2003 and is located on the installation. CMHS

employs two social workers, a psychiatrist, and a psychologist. Social

workers fall under Social Work Service, which currently exists independent of CMHS. CPD presently manages the coordination for the

hospitalization of cadets, but CMHS is available to provide emergency mental health services. This resource, although available to

cadets, is primarily utilized for active duty personnel who are noncadets. Cadets who report to CMHS are now being referred to CPD.

39 The Cadet Health Clinic employs one civilian female physician who,

in addition to providing general medical care, is a treatment resource

for sexually transmitted disease screening and birth control counseling.

She has been employed by the clinic for three years and is a member of

the Military Academy Sexual Assault Review Board. The clinic is

open during normal business hours and is available to cadets.

Keller Army Community Hospital is on post and is accessible to

cadets. It is utilized by noncadets as well as cadets and has qualified

nurses and doctors to perform SAFE exams. There is no civilian hospital in close proximity to the Academy to use as an alternative.

40 The SJA’s office has standard duty hours. The attorneys within the

SJA’s office have three main functions: (1) to provide advice to commanders on legal topics such as cadet criminal misconduct; (2) to perform the functions of prosecutors advising commanders regarding the

appropriate level of punishment in specific cases; and (3) to represent

the command during courts-martial for violations of the Uniform

Code of Military Justice. They also advise faculty and staff on issues

such as contract law. Legal assistance attorneys on staff in the SJA’s

office provide legal assistance services to cadets.

There is also a Law Department consisting of 12 officers, 3 civilian

lawyers, and numerous support staff. They teach a myriad of law

classes for the Academy, as well as nonaccredited classes such as

ethics. All of the lawyers on the staff volunteer as Officer

Representatives for cadet clubs and sports.

41 CID works closely with the SJA’s office throughout an investigation

and upon its completion will turn the case over to the SJA’s office for

decisions on subsequent prosecutions.

42 The Victim Witness Coordinator’s office is physically located on a

separate floor within the Office of the Staff Judge Advocate. In addition to ensuring that victims’ and witnesses’ rights are accorded them

by the appropriate entities, the Victim Witness Coordinator is also

responsible for keeping the cadet informed of the status of the case

and advising the cadet of available resources. Once a case of sexual

assault is reported, the trial counsel coordinates with the Victim

Witness Coordinator, who then becomes part of the team supporting

the victim.

N-3

END NOTES

End Notes
43 The Program Manager is responsible for supervising overall program implementation including ensuring proper coordination

between the multidisciplinary services offered by the Academy, providing training for all Academy personnel, and updating Academy

instructions and regulations pertaining to sexual harassment, misconduct, and assault. The Brigade SAVI Coordinator and Faculty/Staff

SAVI Coordinator are responsible for managing the SAVI programs

for the brigade, faculty, and staff. The Legal Representative provides

legal advice to the Program Manager and Superintendent, manages

sexual assault cases through the investigative and legal processes,

serves as Victim Witness Assistance Coordinator for the Naval

Academy, serves as Data Collection Coordinator for the Naval

Academy, and reviews and revises instructions, regulations, and training materials. The Training Coordinator is responsible for developing

and coordinating sexual harassment and assault training for all personnel at the Naval Academy. More information can be found at the

USNAINST 5354.5 dated April 16, 2004.

44 The Brigade SAVI Coordinator manages the midshipman SAVI

Program. The coordinator oversees the SAVI GUIDEs and

Advocates, ensuring that they are properly trained to effectively assist

victims, and coordinates with Academy leadership and other

Academy and civilian resources. SAVI Advocates are assigned to a

victim to provide advice and support throughout the medical, legal,

and investigative process. SAVI GUIDEs advise victims of the

resources available to them, accompany victims to appointments, and

provide general peer support.

A victim of a sexual assault may report the incident a number of different ways, including to a SAVI Coordinator, a SAVI Advocate, or a

SAVI GUIDE. Frequently, midshipmen victims will disclose the

assault to a SAVI GUIDE. The guides are required to notify the

Brigade SAVI Coordinator within 24 hours of receiving a report that

an incident has occurred. The Brigade SAVI Coordinator keeps the

leadership apprised that an incident has occurred, but will maintain

confidentiality of the victim until the victim is willing to make a formal report. Having peer victim guides within SAVI is Naval

Academy–specific; peers are not a part of the SAVI program in the

regular Navy.

More information on the SAVI Program can be found in the

COMDTMIDNINST 1752.1C dated September 27, 2004,

USNAINST 1752.2 dated September 27, 2004, NDWINST 1752.2

dated August 12, 1997, OPNAVINST 1752.1A dated May 30, 2000,

and SECNAVINST 1752.4 dated July 2, 1996.

45 Within the Midshipmen Development Center (MDC), the female

civilian psychotherapist specializes in eating disorders and is utilized

as the primary counselor for sexual assaults. MDC is for the exclusive

use of the midshipmen and serves as a source for confidential counseling. It is located within the midshipman living areas. More information can be found at USNAINST 1734.1B, dated March 30,

2000. The Naval Academy approved the hiring of a licensed social

worker to be a Sexual Assault Prevention Specialist in June 2004.

This specialist will work in the MDC as a counselor and will also

assist in Academy-wide training efforts.

The Mental Health Clinic is open during daytime working hours and

provides counseling services to midshipmen, active duty personnel,

and dependents. A shuttle service is available to transport midshipmen to the clinic for any medical appointments. This clinic primarily

sees active duty members, but the psychologists are called upon routinely to screen midshipmen’s medical records for service suitability.

More information can be found at NMCLANNINST 1752.1E,

dated May 27, 2004.

46 The legal assistance/defense counsel maintains an office in

Dahlgren Hall, a midshipman activity center. In the Navy, defense

counsel and legal assistance lawyers fall under the cognizance of the

Naval Legal Service Office in their jurisdiction. In cases where the

counsel faces a conflict of interest among clients, the parent command

provides assistance and alternate counsel. An example of this would

be if a midshipman accused of a sexual assault sought defense counseling services from the counsel on the Yard, and then the victim of

the sexual assault sought defense counseling from the same attorney

for collateral misconduct committed during the offense. The counsel

could not represent both parties. In that case, the Naval Legal Service

Office North Central, in Washington DC, would provide alternative

counsel to the victim.

There are additional lawyers employed at the Naval Academy. The

Superintendent’s Staff Judge Advocate and Assistant Staff Judge

Advocate, the Commandant’s Legal Advisor, and the Legal Advisor

to the Officer Development Program are located on the Naval

Academy grounds. These attorneys work for the leadership and do

not provide legal assistance or other legal services to midshipmen.

There is also a Leadership, Ethics, and Law Department, where three

Navy lawyers and one Marine lawyer, teach classes on military law.

They are utilized primarily for educational purposes.

47 Naval Criminal Investigative Service (NCIS) agents have been formally trained in conducting investigations at the Federal Law

Enforcement Training Center, located in Glynco, Georgia. Two of

the agents, one female and one male, work general crimes, and are the

agents to respond in the event of a sexual assault report. This field

office is supported by NCIS Headquarters, located at the Washington

Navy Yard, Washington DC. Headquarters provides additional agents

and specialists as required. NCIS investigates midshipmen and all

active duty Naval personnel accused of committing felonies under the

Uniform Code of Military Justice within their jurisdiction. NCIS

works closely with the SJA office during an investigation and prosecution of a case.

48 Prior to September 2004, the Victim Witness Coordinator role was

a collateral duty of the Commandant’s Legal Advisor. In September

2004, the Legal Representative to the Naval Academy Sexual

Harassment, Misconduct, and Assault Prevention and Response

Team assumed this duty and became responsible for ensuring that

victims are accorded their rights, informed of the status of their cases,

and are aware of their resources.

N-4

Sexual Harassment & Violence at the Military Service Academies
49 Army Regulations (DA Reg. 27-10, Chapter 18, dated June 13,

2005) and Navy Instructions (SECNAVINST 5800.11A, dated June

16, 1995 and OPNAVINST 5800.7, dated April 30, 1996) implement the guidelines and policies set forth in DoD Directive 1030.1

(“Victim and Witness Assistance,” dated April 13, 2004) and DoD

Instruction 1030.2 (“Victim and Witness Assistance Procedures,”

dated June 4, 2004).

When the victim gives a statement to CID/NCIS, and an investigation

is begun, Victims’ Rights DD Form 2701, entitled “Initial Information

for Victims and Witnesses of Crime,” is given with appropriate information completed on the back, specifically the Investigative Agent’s

name and phone number, as well as the Victim Witness Coordinator’s

name and phone number. This form advises the victim of statutory

rights and points of contact. It is the responsibility of CID/NCIS to

keep track of the total number of DD Form 2701s given to victims and

witnesses. Victim Witness Coordinators also inform victims of their

rights, and assist in coordinating with resources, such as the investigators, medical professionals, or legal professionals.

After a formal report is made and a case is preferred against the accused,

a prosecutor will be assigned to the case. It is the responsibility of the

prosecutor or prosecutor’s designee to provide all but one of the remaining DD Forms to the victim throughout the criminal justice process. If

the victim has not received DD Form 2701 from CID/NCIS, the prosecutor or designee provides this form and verbally advises the victim of

his or her rights. Prior to an Article 32 investigation, the prosecutor or

designee must provide the victim with DD Form 2702, entitled “CourtMartial Information for Victims and Witnesses of Crime.” This form

conveys information on the court-martial process, to include the preliminary investigation, victim consultation, and information about the military justice system and legal terminology.

If the case proceeds to trial, the prosecutor or designee, during or

after trial, must provide the victim with DD Form 2703, entitled

“Post-Trial Information for Victims and Witnesses.” This form discusses post-trial action, the victim’s post-trial rights, and the right to

be notified of the change in status of confinement of the accused.

In the event the accused is found guilty of an offense and is confined,

the prosecutor or designee must provide the victim with DD Form

2704, entitled “Victim/Witness Certification and Election

Concerning Inmate Status.” This form details the victim’s election to

be notified in the event of the change of prisoner status, whether the

prisoner is moved to a different confinement facility or released. In

this form, the victim elects to receive or not receive this information.

This form is sent to the confinement facility confidentially and is not

part of the public record of trial.

It is the responsibility of the brig or other confinement facility to

notify the victim, via DD Form 2705, of a change in prisoner status if

the victim has elected to be informed of this information in DD

Form 2704. DD Form 2705, entitled “Victim/Witness Notification

of Inmate Status,” provides information to victims on the offender’s

sentence, confinement status, clemency and parole hearings and status, and release from confinement.

50 Under MRE 513, Psychotherapist/Patient Privilege, a psychotherapist is afforded a limited privilege. MRE 513 states that in cases arising under the UCMJ, a communication made to a psychotherapist is

considered confidential if such communication was made for the purpose of facilitating diagnosis or treatment of the patient’s mental or

emotional condition. However, MRE 513 does include exceptions

when there is no privilege under this rule, specifically:

(1) when the patient is dead;

(2) when the communication is evidence of spouse abuse, child

abuse, or neglect or in a proceeding in which one spouse is

charged with a crime against the person of the other spouse or

a child of either spouse;

(3) when a federal law, state law, or service regulation imposes a

duty to report information contained in a communication;

(4) when a psychotherapist believes that the patient’s mental or

emotional condition makes the patient a danger to any person,

including the patient;

(5) if the communication clearly contemplated the future commission of a fraud or crime;

(6) when necessary to ensure the safety and security of military

personnel, military dependents, military property, classified

information, or the accomplishment of a military mission;

(7) when an accused offers statements or other evidence concerning

his mental condition in defense, extenuation, or mitigation, the

military judge may require disclosure in the interest of justice; or

(8) when disclosure is constitutionally required.

There is room for interpretation of a number of the exceptions.

The exceptions that are likely to pierce the veil of confidentiality are:

• Number six, “when necessary to ensure the safety and security of

military personnel, military dependents, military property, classified

information, or the accomplishment of a military mission”; and

• Numbers three and four, if the person is suicidal.

N-5

END NOTES

End Notes
51 The chain of command is the superior-subordinate authority relationship that starts at the top of the organizational hierarchy and

extends to the lowest levels. No one in the chain of command at the

Military Academy or the Naval Academy has confidentiality. At the

Military Academy, all military personnel have a duty to report allegations of sexual assault in accordance with MEDCOM Regulation 40-

36 dated December 23, 2004 and MEDDAC Regulation 40-424,

dated February 2, 2004. This requirement is also contained in USCC

Policy Memorandum 39-03, dated April 25, 2003. At the Naval

Academy, all company officers, senior enlisted leaders, other faculty,

and staff have a duty to report allegations of sexual assault to the

SAVI Coordinator or appropriate member of the chain of command

in accordance with COMDTMIDNINST 1752.1C, dated

September 27, 2004. If a cadet or midshipman victim of a sexual

assault revealed information regarding the assault to anyone in the

chain of command, the cadet’s or midshipman’s identity and the

information revealed would be disclosed only to the senior chain of

command and their legal advisors.

At the Military Academy, communications to medical personnel at

Keller Army Community Hospital (KACH) are not protected and

must be disclosed. Medical records are property of the U.S. Army.

Any communication made by a victim of sexual assault to staff within

the hospital is not a privileged communication and may be disclosed.

Likewise, aboard the Naval Academy, the Naval Medical Clinic

Annapolis personnel have no confidentiality, and the records are the

property of the U.S. Navy. However, the Health Insurance Portability

and Accountability Act (HIPAA) applies to the medical records of

cadets, midshipmen, and other active duty personnel, and commands

must satisfy one of the enumerated exceptions to gain access to the

medical records of a command member.

At the Military Academy and the Naval Academy, the Victim

Witness Coordinators have no confidentiality and are mandated

reporters. If cadet or midshipman victims of sexual assault are referred

to the Victim Witness Coordinator and subsequently disclose information about the assault, their identity and the information given

must be provided to the Command. Special Agents within the

Criminal Investigative Command (CID) or Naval Criminal

Investigative Service (NCIS) have no confidentiality. If a victim

reports an offense to CID or NCIS, the case will be disclosed to

Command authorities and may be subsequently investigated.

52 Limited confidentiality means that when a victim reports an incident of sexual assault to the Brigade SAVI Coordinator or a midshipman SAVI GUIDE, the details of the assault are reported to the

Commandant, via the Deputy Commandant, but the identity of the

victim is protected and not disclosed. This affords the victim a sense of

anonymity, encourages reporting, and allows the Commandant some

oversight to ensure the continued safety and well-being of the Brigade.

53 The Naval Academy’s Sexual Assault Victim Intervention (SAVI)

Program has afforded different levels of confidentiality to the various

positions within the program. Confidentiality, under this program,

has been granted by the Superintendent, and is contained in

COMDTMIDNINST 1752.1C, dated September 27, 2004.

The SAVI Coordinator has been granted limited confidentiality by the

Superintendent. The SAVI Coordinator is usually advised by a SAVI

GUIDE of a sexual assault incident. The GUIDE advises the

Coordinator of the identity of the individual and the factual circumstances surrounding the assault. The Coordinator reports nonidentifying

information to the Command unless the Superintendent insists on more,

which to date has never occurred. The identity of the victim and circumstances surrounding the incident would be disclosed to the chain of command only if the victim were to elect to make a formal complaint.

As in the fleet, SAVI Advocates have been granted no confidentiality.

Therefore, should any victim disclose information to a SAVI

Advocate, the information is reported to the chain of command,

respecting the privacy of the midshipman and only informing those

with a need to know.

SAVI GUIDEs, like the Coordinator, have been granted “limited”

confidentiality by the Superintendent. SAVI GUIDEs report to the

SAVI Coordinator all information of a sexual assault incident within

24 hours of receiving information of an offense.

54 At the Military Academy, cadets have recently been permitted to

lock their doors after the last bed check, at approximately 11:30 p.m.

Female cadets are informally reminded by upper-class female cadets

to lock their doors on Thursday nights and after certain athletic functions when upperclassmen are permitted to drink alcoholic beverages.

This is an informal safety measure initiated by the Margaret Corbin

Forum, in which upper-class female cadets provide mentoring to junior female cadets. At the Naval Academy, midshipmen are also permitted to lock their doors at night. Company Mates of the Deck provide watch 24 hours a day on weekends and roam the decks. During

the week, the Company Mates of the Deck secure their watch at

approximately midnight. More information can be found at

COMDTMIDNINST 1601.10D, dated May 24, 2004.

55 All cadets and midshipmen are issued password-protected computers. Anyone desiring to harass a victim via e-mail or instant message

would have to know the victim’s e-mail address. With current technology, a harassing e-mail can be traced to the computer from which

it originated. Furthermore, password-protected computers make it

difficult for an intruder to access a victim’s computer.

56 Both Academies encourage cadets and midshipmen to use the

buddy system when out in town, walking at night, or in a secluded

area to reduce the risk of being assaulted.

57 Specifically, the Military Academy, under USCC Policy

Memorandum 39-03, dated April 25, 2003, has authorized the

issuance of no contact orders, which may be utilized to keep the

accused at a safe distance from the victim. At the Naval Academy, the

Command is authorized to issue a military protective order (MPO),

which is identical to the no contact order. The no contact order or

MPO is a direct order provided in writing by the Command and

served on an accused. It directs the accused to stay at least a certain

distance from the victim, not to contact the victim by means of telephone, letters, notes, e-mail, instant messaging, or by any other

means. It also directs the accused not to annoy or harass the victim in

any way. A no contact order/MPO is used at the discretion of the

Command after consultation with the victim as provided within the

statutory rights of victims. If a victim in any way feels threatened by

an accused, the Command will issue a no contact order/MPO to

ensure the safety of the victim. If the accused disobeys the order, the

accused is subject to disciplinary action.

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Sexual Harassment & Violence at the Military Service Academies
58 If the accused and victim are in the same company, the Military

Academy and the Naval Academy have provided the victim with the

option of requesting that the accused or victim be moved to a different company. Some victims utilize this option and others do not.

59 At the Military Academy, the psychologists within the Center for

Personal Development are the Victim Advocates in cases of sexual

assault or harassment. The Military Academy has offered the victim

the option of having the Victim Advocate accompany the victim, at

the victim’s discretion, to appointments and/or court proceedings

throughout the process, whether the case is sent to a preliminary

investigation, and then potentially to a court-martial, or not. At the

Naval Academy, the victim is provided the same escort option under

the SAVI program. Usually the SAVI Advocate, in support of the victim, will accompany the victim. Events for which a victim may

request a Victim Advocate escort include, but are not limited to: an

appointment with a member of the Command, with JAG personnel,

an official from CID/NCIS, with a medical provider, with a psychotherapist, or any court proceedings that the victim may want to

observe or in which he or she is required to provide testimony. The

Victim Advocate will escort the victim to the appointment and will

remain there to provide support.

60 The Naval Academy has the option of moving the accused off the

Naval Academy grounds during the investigation while still allowing

the accused to continue classes. Naval Station Annapolis is located

across the Severn River within close proximity to the Naval Academy

proper, and rooming arrangements are available. An accused midshipman is moved to the Naval Station only when his or her presence

within Bancroft Hall threatens the safety and security of midshipmen

or the good order and discipline of the Brigade, such as when the

midshipman is already facing separation from the Naval Academy for

unrelated reasons. Provided a midshipman has not already been recommended for separation from the Naval Academy, he or she may

continue to attend classes while berthing aboard the Naval Station.

The Naval Academy also has the option of transferring the accused to

Naval Station Anacostia, located in Washington DC, approximately a

one-hour drive from Annapolis. This option is utilized when the

accused has committed a number of offenses, the government has a

substantial amount of evidence indicating guilt, and it is apparent that

the accused will be separated from the Academy, either by a courtmartial or an administrative separation. It is also utilized when an

accused continues to contact the victim or other witnesses after being

given a direct order to stay away from them and it is determined that

moral restraint of an order is insufficient. If relocated to Anacostia,

the accused will not usually attend classes.

At present, the Military Academy does not offer the option of moving the accused to a military installation off the Military Academy

grounds during the investigation while still allowing the accused to

continue classes. Because of the remote location of the Military

Academy and the lack of any military installations in close proximity,

this option, albeit a valid safety measure, is not logistically feasible.

61 The Military Academy – Collateral Offenses

The Military Academy does not recognize an amnesty system when

dealing with collateral misconduct that is discovered as a result of

reporting a sexual assault. The leadership has decided that amnesty is

not a tool that would enhance the institution’s goal of developing

leaders. Instead, transactional immunity is granted on a case-by-case

basis and may only be granted by the Superintendent, as per USCC

Policy Memorandum 39-03, dated April 25, 2003. Transactional

immunity, if granted, bars the Superintendent from taking any punitive or administrative action against the victim for the collateral

offenses. It may be granted to a victim or a witness. In determining

whether to grant transactional immunity, the Superintendent considers the severity of the offense and the likelihood that the offense

would otherwise have been reported.

If not granted transactional immunity, the victim is given the option

to determine when the collateral offense case is adjudicated. The victim may elect to have it heard before the sexual assault case is adjudicated or disposed of in another manner, or after the sexual assault

case is complete.

With regard to nonassailant peers or friends who may have been

present at the time and committed collateral misconduct offenses, the

facts of each case are considered and carefully weighed before a discipline determination is made. The Academy recognizes that victims

may be reluctant to provide relevant information for a sexual assault

case if that information may implicate misconduct by nonassailant

peers or friends. The Academy believes that this policy encourages

victims to come forward and report.

The Naval Academy – Collateral Offenses

To encourage midshipmen to report sexual assaults and to ensure they

receive available medical and counseling services, midshipman victims

of sexual assault generally will not be disciplined for self-reported violations of the UCMJ, such as an alcohol offense or prior consensual

sexual misconduct factually related to the assault. Instead, midshipmen generally will be counseled for such violations. This policy is

contained in USNAINST 1752.2, dated September 27, 2004 and

COMDTMIDNINST 1752.1C, dated September 27, 2004.

Final decisions concerning the processing of violations committed by

midshipmen victims are made by the Superintendent on a case-bycase basis after a thorough review of all reasonably available information. The Superintendent considers the severity of the offense and the

likelihood that the offense would have otherwise been reported. No

decision as to the handling of a victim’s collateral misconduct case is

made until the sexual assault case is resolved. If the case is resolved

prior to four months, the decision will be made after four months

elapse. The Academy will not discipline a victim if the complaint was

found to be sincere and reasonably supported by the evidence.

With regard to nonassailant peers or friends who may have been

present at the time and committed collateral misconduct offenses,

each case is considered and carefully weighed before disciplining

other midshipmen based on such information. The Academy recognizes that victims may be reluctant to provide relevant information

for the sexual assault case if that information may implicate misconduct by nonassailant peers or friends. Any self-report

by a nonassailant peer or friend is a mitigating factor when determining punishment. The Academy believes that this policy encourages

victims to come forward and report.

To address collateral misconduct, the Naval Academy has developed

the Leadership Responsibility Counseling program. The leadership

believes that this system of Leadership Responsibility Counseling

creates an environment conducive to disclosing sexual assaults. Under

this program, a victim would receive specialized counseling to address

conduct infractions that are associated with the incident. The counselors are trained Senior Commissioned Officers, Lieutenant

Commander and above.

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END NOTES

End Notes
If the victim is not disciplined after the sexual assault case is completed or resolved, Leadership Responsibility Counseling is assigned. The

emphasis is placed on leadership and professionalism without scrutinizing the painful details of the sexual assault incident. Formal counseling records are documented in the victim’s record at the Academy.

However, once a victim graduates and is sent to the fleet, Leadership

Responsibility Counseling records do not follow. This form of counseling is similar to the “Honor Remediation,” “Conduct

Remediation,” and “Aptitude Remediation” also utilized successfully

by the Naval Academy for deficient behavior, conduct, or performance of midshipmen. These are mechanisms used to track a midshipman’s development and determine whether the midshipman is fit to

become an officer in the fleet.

62 Offenses are handled at the lowest appropriate level. The commander decides at which level an offense is resolved and what is the

appropriate punishment. The commander may opt for no punishment, administrative measures, nonjudicial punishment, or, for the

most serious offenses, a court-martial. Administrative measures vary

from an oral or written reprimand to separation from the Academy

and/or military service. Nonjudicial punishment can result in restriction, extra duty, and loss of rank or pay. The Academies have their

own nonjudicial conduct systems with punishments including walking or sitting tours and loss of privileges. General courts-martial are

the military’s felony-level court. A guilty verdict at a general courtmartial can result in a dismissal from the service (a dishonorable discharge) and confinement (up to life, depending on the crime).

63 In the Office of the Inspector General of the Department of Defense’s

Report on the Service Academy Sexual Assault and Leadership Survey,

published in 2005, 357 incidents of sexual assault were recorded by

cadets and midshipmen. Of these, 248 were never reported to authorities. (These numbers represent all three military service academies,

Army, Navy, and Air Force.) US DOD, Office of the Inspector General

of the Department of Defense’s Report.

64 See findings number 16A, 16B, 17, and 18 for a discussion of other

contributing factors to the low prosecution rates at the Academies.

65 In 1997 a male cadet was acquitted of rape and indecent acts. In

2003 a male cadet pleaded guilty to possession of child pornography

and was sentenced to 16 months confinement and a dismissal. In

2004 a male cadet pleaded guilty to conduct unbecoming an officer

for filming and storing on his government computer images of nude

female cadets. These pictures were taken without the knowledge of

the victims. He was sentenced to 18 months confinement and a dismissal. In 2005 a male cadet pleaded guilty to breaking into the room

of two female cadets late at night and masturbating in front of them.

He was sentenced to six months confinement and a dismissal. In

2005 a male cadet was convicted of breaking and entering and indecent assault. He was sentenced to 30 months confinement. During

this 10-year period, four cadets were formally charged with crimes,

and their resignations were accepted in lieu of court-martial. In each

of the four cases, the victims were consulted and supported accepting

the resignations.

66 Since 2001 the Naval Academy has preferred charges on 12 sexual

assault allegations. Eight of those cases were determined to have insufficient evidence at an Article 32 hearing and were dealt with administratively. Of those eight, four of the accused offenders were separated

from the Naval Academy and remaining cases are still pending separation. The remaining four cases were referred to courts-martial. One

case was dismissed by the judge for lack of jurisdiction and is currently

under appeal. In two cases the accused offenders’ resignations in lieu of

court-martial were accepted. In the last case, the victim decided she

did not want to participate in the proceedings and the accused was

separated administratively. In 2001, a midshipman was convicted of

rape in a civilian court in California and was sentenced to confinement. The midshipman was administratively separated from the Naval

Academy pending his trial. In 2002, another midshipman was convicted of possession of child pornography at a general court-martial, sentenced to confinement, and dismissed from the Navy.

67 The United States Military Academy uses the Army’s Equal

Opportunity program to monitor sexual harassment complaints; however the accountability system is the same as with any other misconduct, including sexual assault. The United States Naval Academy uses

the Navy program, Command Managed Equal Opportunity, and like

the Military Academy, harassment is addressed using the same range

of disciplinary measures as used for other misconduct.

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Sexual Harassment & Violence at the Military Service Academies
68 The investigative and courts-martial process for the United States

Naval Academy and United States Military Academy are very similar

to one another. Unless otherwise noted, the process as described is

the same at both academies. As soon as one of the investigative agencies (Naval Criminal Investigative Service [NCIS] at the Naval

Academy or Criminal Investigation District Command [CIDC] at

the Military Academy) receives a formal complaint that a victim has

been sexually assaulted, it notifies the Academy Staff Judge Advocate

(SJA). The SJA coordinates with NCIS/CIDC while the investigation is ongoing to provide any support needed, such as search authorizations to collect evidence, if applicable. After the victim provides a

signed, sworn statement, the SJA receives a copy of it. While the case

is being investigated, the accused may be served with a Military

Protective Order, directing him or her to stay away from the victim.

Also, if the victim and accused are in the same company, the victim

may choose to be removed from the company or have the accused

moved to a different company. The accused typically continues on

with a normal academic schedule and is provided excused absences

and transportation as required to meet with periodic legal counsel.

(Each service has criminal jurisdiction over its cadets or midshipmen

at all times, no matter where the crime occurs. If the crime occurs off

the installation, the service may share jurisdiction with the local civilian jurisdiction where the crime occurred. In that case, the military

and civilian authorities will agree upon which of them will exercise its

jurisdiction and handle the case. Local civilian authorities often cede

jurisdiction to the military authorities.) At the United States Naval

Academy, the SJA notifies the Trial Service Office Northeast, located

in Washington DC. The Trial Service Office will provide the prosecutor (referred to as Trial Counsel in the military) if the case goes to

an Article 32 hearing. At the United States Military Academy, the

prosecutor will come from the local Staff Judge Advocate Office. As

soon as the NCIS/CIDC investigation is sufficiently complete, the

Command will evaluate the case and decide how to dispose of it. The

case may be sent forward to a court-martial or it may be handled

through administrative channels utilizing the Academy’s misconduct

proceedings. The Superintendent at both Academies is the

Convening Authority and thus has the authority to convene a courtmartial under the Manual for Courts-Martial. If the Command

decides there is probable cause to believe a crime occurred and that a

particular cadet or midshipman committed the crime, it may decide

to send the case forward to a trial. A prosecutor will draft charges

based upon the evidence in the available NCIS/CIDC investigation.

The charges are then preferred, which means that the investigatory

package is reviewed by an active duty member who signs and swears

that, based on the evidence, there is probable cause to believe the

offenses occurred and that the accused is the offender. Before a case

can go to a General Court-Martial there must be an Article 32 hearing. The accused may waive the hearing if he or she chooses to do so.

At the Article 32 hearing, the accused is represented by defense

counsel. The accused will have a military defense counsel assigned

from Trial Defense Service, or may choose to hire a civilian counsel,

at no expense to the United States. The government is represented by

the Trial Counsel and presents its evidence. If the victim is a cadet,

midshipman, or other active duty member, the victim will be called to

testify and must appear. Civilian witnesses and victims, however, cannot be compelled to testify at an Article 32 hearing. The defense may

present evidence, cross-examine government witnesses, or do nothing

but listen and gather information about the case. The hearing is

presided over by an Investigating Officer. The Investigating Officer

may also question witnesses or request evidence not presented. At the

conclusion of the Article 32, the Investigating Officer reviews the

evidence presented and makes a written recommendation to the

Convening Authority. Contained within the recommendation is the

Investigating Officer’s opinion as to whether evidence of every element of each offense was presented, the strength of the evidence,

whether charges should be added, dropped, or modified, and in which

forum, if any, the case should be handled. The Investigating Officer’s

recommendation is simply a recommendation to the Convening

Authority. The Convening Authority may elect to take some, all, or

none of the Investigating Officer’s advice. The Convening Authority

makes the decision regarding in which forum, if any, the case will be

heard. If the Superintendent elects to send it to a court-martial, it is

usually a general court-martial, which is the military’s felony court. If

the Superintendent refers the case to a general court-martial, a military judge is assigned and the accused is arraigned on the charges.

The accused is represented by counsel at every court proceeding and

has the right to request assistance in obtaining witnesses and evidence

for the defense. The accused may elect to be tried by a military judge

alone. If he or she does, the judge decides guilt or innocence, and if

the accused is found guilty, the judge determines a sentence. If the

accused elects to be tried by a panel of military members (the jury),

the panel makes the determination of whether the accused is guilty,

and if the accused is found guilty, the panel members determine an

appropriate sentence after being instructed by the judge on the applicable punishments. If acquitted, the accused generally remains

enrolled at the Academy, but could be administratively separated if

the evidence warranted such an action. If found guilty, the accused

serves the sentence. If found guilty, but not sentenced to a dismissal,

the Academy will usually administratively separate the accused from

the military based on the criminal conviction.

69 Uniform Code of Military Justice, Art. 120.

70 A cadet or midshipman under the age of 18 becomes an emancipated adult upon entering the service academy and is considered an

adult for all legal purposes.

71 The military refers to defense counsel as Trial Defense Counsel;

however, for simplicity, it will be referred to here as defense counsel.

72 Title IX of the Educational Amendment of 1972. Amending the

Higher Education Act of 1965, this law prohibits sex discrimination

in educational institutions. This act is codified as Title 20, United

States Code, Chapter 38, Sections 1681-1688. The act was also

amended by, PL 100-259, 102 stat. 28, the Civil Rights Restoration

Act of 1987 ("Title IX").

73 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime

Statistics Act, codified at 20 US Code 1092 (f). As a part of the Higher

Education Act of 1965, this is a federal law that requires colleges and

universities to disclose certain timely and annual information about

campus crime and security policies.

74 Over the past 15 years, at least seven different federal statutes have

imposed a requirement to collect and report crime data. In the past,

the Department of Defense has not complied with these legal

requirements. DIBRS is intended to fulfill these statutory requirements for the Department of Defense. The system is designed to collect statistical data on criminal offenses and other high-interest issues

including suicide, fraternization, drug abuse, homosexual misconduct,

sexual assault, sexual harassment, and domestic violence. Although

statistical data may be requested by and reported to Congress and

other non–law enforcement agencies, full access to the database and

any personal identifying information is limited to law enforcement

personnel and used by them for limited purposes only. Personal identifying data in DIBRS is maintained according to a “shelf-life policy”

which limits the amount of time certain identifying information is

maintained in the system. For example, the personal identifying information for any acquittals, set aside actions, or unfounded allegations

is removed immediately. The same information for offenses disposed

of by Article 15 or by administrative actions and not reportable under

the Brady and Lautenberg Acts, or involving sex offender registration

is required to be removed six months after entry into the database.

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END NOTES

End Notes
75 Houghton Mifflin. The 2004 American Heritage Dictionary of the

English Language (New York: Houghton Mifflin, 2004). The dictionary

offers the following definitions: Education—knowledge acquired by

learning and instruction. Training—activity leading to skilled behavior.

76 Cadet Respect Representatives are volunteers and serve as peer

resources and instructors on the respect topics of embracing diversity,

conflict resolution, prevention of sexual assault and harassment, and

health awareness (including responsible alcohol use). The Respect

Representatives receive 40 hours of training a year, predominantly from

Defense Equal Opportunity Management Institute (DEOMI) sources.

There are typically two Respect Representatives per Cadet Company.

77 SAVI GUIDEs (GUIDE stands for Guidance, Understand,

Information, Direction, and Education) are midshipman volunteers

who serve as peer resources as well as instructors on sexual assault

prevention and response topics. SAVI GUIDEs complete a 20-hour

Department of the Navy victim advocacy course and 10–15 hours of

annual refresher training each year. There is at least one SAVI

GUIDE in each company. The faculty or staff members who oversee

this training are trained SAVI Advocates and at a minimum receive

the same level of training as the SAVI GUIDEs.

78 Applicants are evaluated based on a combination of past duty performance and academic ability. In Academic Year 2004, 90 applications were received from qualified officers and only 15 were selected

for positions.

79 Degree includes 40 hours of coursework and a comprehensive 

final exam.

80 The Academy Command Sergeant Major personally reviews and

approves all candidates prior to assignment.

81 Applicants are evaluated based on a combination of past duty performance and academic ability.

82 This program includes 54 hours of academic coursework and a thesis.

83 To be assigned to the Naval Academy as an SEL, Chief and Senior

Chief Petty Officers must first be nominated by their respective

Command Master Chief and then subsequently be selected by a formal SEL selection board.

84 To be assigned to the Naval Academy as an SEL, Gunnery

Sergeants must first be competitively selected for Drill Instructor

duty and successfully complete at least one tour at a Marine recruit

depot. They must then be competitively selected from among other

Drill Instructors for Assistant Marine Officer Instructor (AMOI)

duty. Most are then assigned to Naval Reserve officer training units.

However, the top Marine Gunnery Sergeants selected for AMOI

duty are automatically assigned as SELs at the Naval Academy.

85 All Naval Academy sponsors received SAVI training during the

spring and summer of 2004. Additionally, all new sponsors are

required to receive this training prior to having a midshipman

assigned to them.

86 D. Greco, “Parity in Sexual Violence Prevention Education:

A History of Social Change Efforts,” in The 2005 Sexual Misconduct

Source Book for Schools, ed. T. Roscoe and K. Koestner, 138–50

(St. Davids, PA: Campus Outreach Services, 2005).

87 The Simon Center for the Professional Military Ethic (SCPME) is

a nonacademic department of the Military Academy focusing on

character development and values education within the USCC.

According to its director, SCPME is currently authorized to obtain a

staff of up to 14 people. This staff includes 4 endowed positions, 6

military positions, and 2 civil service positions. Another 2 positions

exist that can be filled by military, civil service, or contract personnel.

As of December 2004, 4 of those 14 positions (29%) were vacant.

Vacant positions are

• Visiting Professor of Character Development (endowed position)

• Curriculum Developer (endowed position)

• Information Technologist (military/civil service/contract position)

• Operations Officer (military/civil service/contract position)

88 The Values Education Program is divided into two subordinate

program elements, the Honor Program and the Respect Program.

The Honor Program emphasizes the Military Academy Honor Code

while the Respect Program emphasizes diversity awareness, conflict

resolution, sexual harassment and assault prevention, health awareness, and responsible alcohol use. Cadets are assigned leadership roles

under both the Honor and Respect Programs. A Cadet Respect

Captain coordinates the activities of a team of cadet respect representatives. These cadets are overseen by the Special Assistant to the

Commandant for Respect and work closely with the Values

Education Team, an informal group of approximately 100 volunteer

members of the Military Academy faculty and staff led by the staff of

SCPME. These faculty/staff Values Education Team members initially receive training very similar to that of the cadets, but generally

receive additional training as they volunteer over several years.

89 Army installations have an Equal Opportunity (EO) Program

Manager, normally a senior officer, who is responsible for all EO programs on that post. The program manager is assisted by full-time

Equal Opportunity Advisors (EOA) assigned to each brigade. This

EO team is responsible for sexual harassment prevention and diversity awareness programs in addition to processing complaints of unlawful discrimination. There is an EOA assigned to the USCC. This

position has been incorporated into the staff of the Simon Center for

the Professional Military Ethic (SCPME).

90 The Naval Academy Sexual Harassment, Misconduct & Assault

Prevention and Response Program Office was established as a part of

the Naval Academy Superintendent’s staff to coordinate prevention

training, reinforce prevention efforts, and ensure consistent, coordinated responses to incidents of sexual harassment or violence. The

Program manager position is currently filled by a female Navy captain

who leads a team comprising the following:

• Brigade SAVI Coordinator

• Faculty/staff SAVI Coordinator

• US Naval Academy Preparatory School SAVI Coordinator

• Training Coordinator

• Legal Representative

91 Military Academy Cadet Guard Program information is found in

the USCC Standard Operating Procedures, Annex E. Naval

Academy Watch Program information is found in COMDTMIDNINST 1601.10D.

92 A memorandum of understanding (MOU) allows two or more

agencies to combine resources, skills, and experiences to more effectively address a particular organizational need. Typically a formal

MOU is a written signed agreement but is not legally binding.

MOUs aid in establishing guidelines for institutionalizing procedures,

identifying duties and responsibilities, and fostering partnerships with

other organizations to provide improved quality of service.

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Sexual Harassment & Violence at the Military Service Academies
93 The Military Academy has two existing agreements with community agencies; however, existing agreements do not specifically address

support for victims of sexual assault.

• The mutual assistance agreement (MAA) between the Military

Academy Provost Marshal Office and regional law enforcement

agencies enables each law enforcement agency to effectively

handle emergency situations, such as antiterrorist operations, by

voluntarily interchanging law enforcement services.

• The MOA between the Military Academy Provost Marshal’s

Office and the Highland Falls Police Department establishes

written guidelines for information sharing on military-related

incidents of child and spouse abuse occurring off-post in the

Village of Highland Falls, New York.

94 See Table A-17 (page A-20) and Table A-21A (page A-23). US

Department of Defense, Office of the Inspector General of the

Department of Defense’s Report on the Service Academy Sexual Assault

and Leadership Survey.

95 US GAO, More Actions Needed. This report found that between

93% and 97% of Academy women reported experiencing at least one

form of sexual harassment during the academic year 1991. It also

found that 80% of Military Academy women and 70% of Naval

Academy women indicated that they experienced sexual harassment

on a recurring basis—“at least a couple times a month.” The most

common of those behaviors were derogatory comments about

women, particularly about women at the academies.

The 2004 DoD IG Survey provided more detail on sexually-oriented

harassment behaviors, but did not include “hostile environment”

harassment factors. This survey found that 56% of females and 11%

of males had experienced sexual harassment while at the Academies.

The most frequent behavior reported on this survey as experienced

often or very often was repeated “stories or jokes of a sexual nature

that were offensive to you.” US DOD, Office of the Inspector General of

the Department of Defense’s Report.

Unfortunately, the lack of comparable survey data means we cannot

determine whether harassment levels have increased or decreased

since 1991.

96 For example, “WUBA” for female midshipmen (“women used by

all” or “women with unusually big asses”), “Hudson hips” or “Severn

River hip disease” (referring to the size of a female cadet or midshipman’s hips), and “Gray trou” (referring to the gray pants worn by all

cadets, but used only as a negative term for female cadets).

97 Barbara F. Reskin, Debra B. McBrier, and Julie A. Kmec,

“The Determinants and Consequences of Workplace Sex and Race

Composition,” Annual Review of Sociology 25 (1999): 335–61.

Critical Mass, from a sociological perspective, is formed when the

numbers of people necessary to adopt a new practice or belief system

also have sufficient awareness so that the resultant chain reaction has

irreversible momentum.

98 US Department of Defense, Human Relations Action Plan,

Issue 9-1 (Washington DC: Department of the Army, 1997),

page 63, Recommendation 1.

99 Some examples of resources related to and consultants who focus

on this area are Jackson Katz, Ed.M.; Sex Signals by Catharsis

Productions; Brett A. Sokolow, JD; David Lisak, Ph.D.; and 

Dr. Alan Berkowitz.

100 Strategy sharing among all service academies in this area, especially including the US Coast Guard Academy, would be very effective.

101 A. Abbey, L.T. Ross, and D. McDuffie, “Alcohol’s Role in Sexual

Assault,” in Drug and Alcohol Abuse Reviews: Volume 5, Addictive

Behaviors in Women, ed. R.R. Watson, 97, 123 (Totowa, NJ: Humana

Press, 1994).

102 Until recently at the Military Academy, social workers at Social

Work Services served as first responders and Victim Advocates for

cadets. Although they initially met with victims at the Criminal

Investigation Command (CID), the social workers were then required

to turn the case over to the Center for Personal Development (CPD)

for follow-up with the victim. This practice created a critical information gap where the victims often were not informed of their rights,

did not understand their rights, and did not have the necessary emotional support throughout the criminal justice process. The Military

Academy has recently closed this gap by designating the psychotherapists at CPD as Victim Advocates to assist victims from the time

they report an offense through resolution of the case.

Law enforcement has recently recognized the value of CPD in providing support to victims. Previously, they were concerned that any

communication between CPD and victims would jeopardize the

investigation. To resolve this concern, CID provided training to CPD

personnel to ensure that initial contact does not jeopardize the investigation. CID has found that victims have been more forthcoming

because of the added level of comfort resulting from consistent

Victim Advocate support. In addition, the command has shown great

support of CPD and has made efforts to maximize its utilization. As

a result, victims report that they are more comfortable having designated Victim Advocates to support them throughout the process.

103 The Military Academy’s framework acknowledges that a victim

may report to a Chaplain, Respect Representative, or the Center for

Personal Development, but stresses reporting to the Tactical Officer,

who then holds the responsibility for ensuring that the victim is provided necessary and desired resources such as military police, CID,

medical, legal, and spiritual assistance.

The Naval Academy’s framework also acknowledges that a victim

may report to a Chaplain or the Midshipmen Development Center,

but its Sexual Assault Victim Intervention Program (SAVI), in which

officers or senior enlisted serve as SAVI advocates and selected midshipmen serve as SAVI GUIDEs, focuses primarily on reporting a

sexual assault to a trained SAVI GUIDE. SAVI GUIDEs and the

SAVI Coordinator ensure that victims are provided necessary and

desired resources such as military police, Naval Criminal Investigative

Services (NCIS), medical, legal, and spiritual assistance.

104 At the Naval Academy, the Superintendent has granted full confidentiality to the SAVI Coordinator and SAVI GUIDEs despite the

fact that no such confidentiality exists under federal law. This grant of

confidentiality has been successfully challenged at an Article 32

investigation, where statements made by a victim to SAVI personnel,

despite the grant of confidentiality, were ultimately disclosed.

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END NOTES

End Notes
105 Psychotherapists: Under MRE 513, a psychotherapist is afforded

a privilege with a patient. MRE 513 states that a communication

made to a psychotherapist is considered confidential if such communication was made for the purpose of facilitating diagnosis or treatment of the patient’s mental or emotional condition. However, MRE

513 does include exceptions, where restricted disclosure is permitted

under this rule. At present, confidentiality under MRE 513 is limited,

and unless Congress changes the law granting psychotherapists full

confidentiality, there is a real possibility that communications between

a psychotherapist and a victim will be disclosed.

In addition to the confidentiality afforded under MRE 513, at the

Military Academy, CPD personnel have been granted full confidentiality by the Superintendent. This privilege of full confidentiality was

granted in an effort to provide cadets with a resource to obtain professional counseling that maximizes confidentiality to encourage

cadets to utilize this resource. However, prior to any counseling session, victims are required to read and sign a consent form that

improperly documents the level of confidentiality and fails to reflect

the privilege contained in MRE 513, stating that information will be

released to individuals within the Armed Forces who have an official

need to know. (See consent form, appendix E). A privilege afforded

by the Superintendent, as well-intentioned as it is, will not supersede

federal law if a sexual assault is tried in federal court.

106 Chaplains: Chaplains have full confidentiality. Under MRE 503, a

communication from a victim to a chaplain is a confidential communication if disclosed to a clergyman or a clergyman’s assistant in his or

her official capacity as a formal act of religion or as a matter of conscience. The chaplain’s role is addressed in Finding 13 of this report.

Psychotherapists: See note 105.

Legal Staff (Attorneys and Victim Witness Coordinators):

Confidentiality is afforded, with limited exceptions, under the lawyerclient privilege, MRE 502. This privilege would apply if a victim

sought the advice and counsel of a legal services attorney or a defense

attorney. Communications could be disclosed, however, if the communications made by the victim contemplated the commission of a

fraud or crime. The other exceptions listed under MRE 502 would

not be relevant to a case of sexual assault.

This privilege, however, does not apply if the victim reports an offense

to a lawyer who represents the government, such as the

Superintendent’s SJA, the Commandant’s legal advisor, or a prosecutor,

because the victim is not the lawyer’s client. The privilege is only applicable to a lawyer-client relationship. Victim Witness Coordinators, as

legal staff for the Academies, cannot offer a lawyer-client relationship

to victims because the United States government is their client. Under

the Victim/Witness Assistance Program, Victim Witness Coordinators

are tasked with ensuring that victims are afforded their rights at every

stage of the proceeding and providing case status updates. Since Victim

Witness Coordinators spend ample time talking with victims during a

case, this may prove problematic if victims disclose information to

them. Victim Witness Coordinators could be compelled to disclose in

court any statements made by victims.

Victim Advocates: Victim Advocates, at present, have no privilege

granted by federal law. As with the Victim Witness Coordinators,

this may prove problematic if victims disclose information to them.

They, too, may be compelled to testify in court and disclose statements made by victims.

This also creates a potential conflict for psychotherapists at the US

Military Academy who wear the dual hat of Victim Advocates.

Where psychotherapists are granted a privilege with restricted disclosure under MRE 513, Victim Advocates have no privilege. When

assisting a victim, there is a potential that communications may later

be disclosed depending on what role CPD personnel are filling at the

given time. This is confusing to the psychotherapists and may prove

confusing and harmful to victims if they disclose information to psychotherapists acting as Victim Advocates under the false impression

that the communications are completely confidential.

At the US Naval Academy, contrary to current law, the SAVI

Coordinator and SAVI GUIDEs have been granted limited confidentiality by the Superintendent. Only if a victim chooses to make a

formal complaint will the victim’s identifying information be disclosed to someone other than the SAVI Coordinator and the SAVI

GUIDE involved. This grant of confidentiality afforded to the SAVI

Coordinator and GUIDEs, although a well-intended effort at protecting victims, will not supersede federal law if a sexual assault is

tried in federal court and may ultimately do more harm than good.

Medical Personnel: Civilian and military medical personnel

employed at military medical facilities have no privilege under the

law. Therefore, if a victim of a sexual assault seeks medical treatment

and/or a SAFE exam at a military hospital or clinic, the victim’s identity, statements of the victim, and information compiled during the

examination can be disclosed. The victim’s identity can be disclosed

to the command and any statements made by the victim or evidence

collected during the examination would not be confidential and may

later be admissible in a court-martial.

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107 USCC Policy Memorandum 39-03, dated April 25, 2003;

COMDTMIDNINST 1752.1C, dated September 27, 2004; and

OPNAVINST 1752.1A, dated May 30, 2000.

108 At the Naval Academy, the closest hospital, Anne Arundel

Medical Center, is approximately a 10–15-minute drive from the

school. At the Military Academy, the Horton Hospital is approximately a 30-minute drive from the school.

109 Public Law 108-375, Section 577. The Ronald W. Reagan National

Defense Authorization Act for Fiscal Year 2005. DoD Directive to be

effective October 1, 2005.

110 42 US Code § 10606(b); DoD Directive 1030.1, “Victim and Witness

Assistance,” dated April 13, 2004; and DoD Instruction 1030.2, “Victim

and Witness Assistance Procedures,” dated June 4, 2004.

111 The Military Academy: At the Military Academy, until recently,

victims were inconsistently advised of their rights at the onset of the

investigation. Criminal Investigative Command (CID) provided DD

Form 2701 to victims but did not verbally apprise victims of their

rights consistently. The information on the back of the form was not

completely filled out, and victims were told verbally to contact the

Victim Witness Coordinator if they had any questions. In addition,

victims were inconsistently provided with DD Forms 2702, 2703, and

2704. A review of DD Form 2706, the annual report detailing statistical information on assistance rendered to all victims and witnesses,

indicated there were only a small number of these forms being provided to victims and witnesses.

The Military Academy does not typically utilize the Victim Witness

Coordinator until a case is at the court-martial stage, if at all.

Typically, the prosecutor, at some point in the process, will advise the

Victim Witness Coordinator of an ongoing sexual assault case and

will disclose the identity of the victim. At that point, the Victim

Witness Coordinator contacts the victim and apprises the victim of

the legally mandated rights contained in DD Form 2701. The Victim

Witness Coordinator receives the police blotters identifying current

reports of offenses, but the names of victims are omitted from the

blotter and listed, instead, as a “protected identity.” The Victim

Witness Coordinator is not provided, nor seeks, the names of victims

from the Criminal Investigative Command. In addition, the Victim

Witness Coordinator is not consistently ensuring that DD Forms

2702, 2703, and 2704 are provided to victims by the prosecutors.

The Naval Academy: At the Naval Academy, victims are being

advised of their rights at the onset of an investigation on a fairly consistent basis. The Victim Witness Coordinator is typically notified of

a sexual assault victim as soon as the victim makes a report to SAVI

personnel and indicates a desire to make an official report to Naval

Criminal Investigative Service (NCIS). The Victim Witness

Coordinator, prior to the victim making an official statement to

NCIS, verbally apprises the victim of the legally mandated rights and

provides DD Form 2701.

NCIS, in most cases, also provides the DD Form 2701 to victims and

verbally apprises the victims of their rights. Agents are required, via

an NCIS interoffice checklist, to acknowledge that this has been

completed. On the back of DD Form 2701, NCIS agents provide

their names and phone numbers. However, the Victim Witness

Coordinator’s name and phone number is not provided consistently.

NCIS Agents indicate to victims verbally that they can contact their

SAVI Advocate (rather than the Victim Witness Coordinator) if they

have any questions pertaining to their rights. The resources utilized to

support victims need to receive clarification of the Victim Witness

Coordinator and Victim Advocate roles and should ensure that they

document the proper source on the back of DD Form 2701. The

Victim Witness Coordinator does meet periodically with victims to

discuss their rights and to assist them in enforcing their rights,

accessing services, and providing case updates. The Victim Witness

Coordinator, however, is not ensuring that DD Forms 2702, 2703,

and 2704 are being provided to victims by prosecutors. Until last year,

these forms were not being provided to victims on a consistent basis.

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END NOTES

End Notes
112 DoD Instruction 1030.2.

113 DoD Instruction 1030.2, Section 6, dated June 4, 2004.

114 Although both Academies review victim misconduct on a case-bycase basis, the Military Academy firmly embraces a non–blanket

amnesty approach, whereas USNA utilizes Leadership Responsibility

Counseling as its primary method of handling victim misconduct.

115 Cadets, Midshipmen, Tactical Officers, and Company Officers

expressed this opinion in focus groups and victims opinioned this

during interviews.

116 The one exception was female midshipmen, the majority of whom

indicated that they would report to the SAVI Coordinator or a 

SAVI GUIDE.

117 Under MRE 503, a communication from a victim to a chaplain is

a confidential communication if disclosed to a clergyman or a clergyman’s assistant in his or her official capacity as a formal act of religion

or as a matter of conscience.

118 Based on discussion groups and survey data from both Academies.

119 Based on discussions with Chaplains at both Academies; 2002 US

Military Academy Cadet Quality of Life Survey.

120 Both Academies provide counseling for stress, self-esteem, weight

management, separation anxiety, anger, depression, transitions, family

problems, grief, conduct, performance, decision making, motivation,

relationship issues, etc. Also, at the US Naval Academy, the female

psychotherapist specializes in eating disorders.

121 The use of chain-latches, doors with windows and blinds, allowing

cadets and midshipmen to lock their doors before Taps, security cameras in the hallways of the living spaces as a deterrent and a record of

activity, and a “buddy escort” to accompany a cadet or midshipman

back to his or her room all are security measures that enhance safety.

122 See notes 65 and 66 for a full description.

123 This nontraditional type of rape may be characterized by (1) kissing

and fondling but no consent by the victim to the sexual advances of

the attacker; (2) passive resistance by the victim to the sexual advances

of the attacker; (3) the attacker’s disregard of the victim’s statement

that he/she does not desire to engage in sexual intercourse; (4) the

absence of physical threats by the attacker to the victim; (5) the failure

of the victim to seize opportunities to escape from the attacker; (6) the

failure of the victim to scream or cry out; (7) little or no observable

physical injury to the victim; and (8) the failure of the victim to report

the rape promptly. US v. Webster, 37 MJ 670, 674 (1993).

124 This is an even greater percentage than in society at-large, where

82% of all sexual assaults are committed by someone they know.

Lenore M.J. Simon, “Sex Offender Legislation and the

Antitherapeutic Effects on Victims,” Arizona Law Review 41 (1999):

485, 496–97.

125 As of 2004, 46 out of the 50 states, as well as the District of

Columbia and federal government, had enacted revised sexual assault

and/or rape statutes. The statutes differ in many ways, but all of them

have broken sex-related crimes into varying degrees with correspondingly varied penalties. Many statutes have crimes that make having

intercourse without the consent of the other party a crime, even in

the absence of any force, threat, or coercion.

126 An example of the type of statute the Task Force recommends can

be found as one of the options in a report for the Joint Service

Committee on Military Justice entitled “Sex Crimes and the UCMJ.”

The report contains several options for revising the UCMJ sex

crimes; however, the one that most closely matches what the Task

Force is recommending is “option 5.” This proposal maintains the

crime of rape and adds crimes of aggravated sexual assault, aggravated

sexual contact, abusive sexual contact, and wrongful sexual contact,

among others. The crimes range from forceful sexual penetration to

sexual contact without the permission of the victim and specifically

include the crime of sexual acts with someone who is too incapacitated to appraise the nature of his or her actions.

"Sex Crimes and the UCMJ: A Report for The Joint Service

Committee On Military Justice" February 2005, available at

http://www.defenselink.mil/dodgc/php/ (DoD 2004 Review of Sex

Offenses under the UCMJ and MCM G: JCS Subcommittee Report

to JCS Chairman (Colonel) Mark Harvey).

127 Half of the states have maintained the label “rape” for the most

forceful acts, such as use of a deadly weapon. Half of the remaining

states use different degrees or levels of “sexual assault,” while the

remaining states use other labels with varying degrees or levels, such

as “criminal sexual conduct,” “sexual abuse,” “sexual battery,” and

“gross sexual imposition.”

128 The majority of states have statutes that prohibit otherwise consensual sex between prisoners and their custodians. Many prohibit

other abuses of trust and authority such as between doctors and psychotherapists and their patients. The position of trust and authority

of seniors and subordinates in the military is easily comparable to

these other relationships. For example, drill sergeants have an enormous amount of authority over trainees. They control every aspect of

their lives, including when they wake, sleep, eat, or even speak. They

have enormous power to punish and reward, and they are the trainees’

only window to the outside world.

129 The language in the explanation portion of the MCM for Article

120 dictates that if a victim is “of unsound mind or unconscious to an

extent rendering him or her incapable of giving consent, the act is rape.”

Though the current law allows for the prosecution of a defendant for

having sex with a severely intoxicated, yet conscious, victim, most service

members are under the impression that unless a victim is unconscious, it

is not rape. Specifically prohibiting this behavior in the statute will put

service members on notice that such behavior is a crime.

130 Common victim behaviors include delayed reporting, inconsistencies in recounting details of the event, lack of resistance, lack of physical injury or trauma, and lack of emotion when recounting the event.

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Sexual Harassment & Violence at the Military Service Academies
131 Victims may perceive themselves to be in a possibly life-threatening situation, triggering a fight-or-flight reaction, which activates dramatic chemical changes in the brain. Higher-functioning parts of the

brain shut down and “survival” centers activate, causing information

to be processed and stored differently. If the stress continues, another

set of chemical responses facilitates numbing and dissociation (or

freezing). The immediate and early effects can be numbing, detachment, or lack of emotional responsiveness; reduction of awareness of

environment (being in a daze); alteration in perception of environment (things feel strange or unreal); alteration in the perception of

self (feeling detached or like an outside observer—as in a dream);

nausea, physical exhaustion, physical aches; inability to recall important aspects of the trauma; distress when reminded of the event;

recurrent images, thoughts, flashbacks; illusions (misperception of real

stimuli such as believing the perpetrator is breaking in when hearing

normal house noises); difficulty being alone; general anxiety, agitation,

restlessness; exaggerated startle response; difficulty sleeping, difficulty

concentrating; irritability, crying, difficulty handling everyday stresses;

moving, changing jobs/school; significant distress or impairment in

social or occupational functioning; and difficulty in completing necessary tasks or mobilizing resources. Ongoing effects may include problems sleeping, nightmares; roller coaster moods; angry outbursts;

flashbacks, panic/anxiety attacks; lowered self-esteem; increase in substance use; self-destructive acting out in younger people; depression,

suicidal thoughts and gestures; pattern of avoidance; negative impact

on social functioning; problems with trust and intimacy; negative

impact on occupational functioning; and negative impact on vision of

the future. Other reactions may include denial, minimizing (recanting, continuing to associate with perpetrator, refusing help); guilt, selfblame; shame; problems with own body, sexuality; promiscuity (in

younger victims); and changing appearance.

Munch, Anne. “Sexual Assault ‘Best Practices’ for Prosecutors”.

Consultant to the Defense Task Force on Sexual Harassment and

Violence at the Military Service Academies. Washington DC: 2005.

132 The investigative agencies are responding well to the increased

need for specialized training in investigating cases of sexual assault.

Investigators are being trained to work with victims by always

approaching the case believing that a crime may have occurred; discussing, not confronting; interviewing, not interrogating; staying

objective and compassionate; remaining nonjudgmental in behavior

and speech; using active listening skills; avoiding language that

implies the victim is to blame; showing empathy; using care when

phrasing questions; and describing all steps of the investigation to

prepare the victim. Investigators are being trained to develop better

corroborating evidence by securing, photographing, and documenting

the crime scene and secondary crime scenes and identifying different

types of witnesses such as perceiving witnesses, immediate and ongoing outcry witnesses, suspect outcry witnesses, suspect associates, and

other potential victims.

133 Pretext phone calls are phone calls from the victim to the suspect

that are taped with the victim’s knowledge in hopes that the suspect

will make some admissions about the assault to the victim. This type

of call is legal in the military but should not be used when the suspect

is represented by counsel or has otherwise requested counsel or when

the victim is not emotionally capable of participating (as per therapist

recommendation).

134 The typical “undetected rapist” does not use a gun, knife, or other

weapon, uses instrumental, not gratuitous violence, increases violence as

needed, has access to consensual sex, and comes from all racial and ethnic backgrounds. They premeditate, maneuvering their victims into

positions of vulnerability, using alcohol deliberately, and using a context

of normal sexual behavior to gain advantage. Sex offenders are skilled at

manipulation and deception for the purpose of hiding their crimes and

typically follow rules well and progress quickly through programs that

do not understand their ability to deceive and hide information. These

characteristics are based on multiple and unrelated groups of research

literature: sexual assault victim literature and research; sex offender

studies completed under federal certificates of confidentiality; undetected rapist studies; longitudinal recidivism and re-offense studies; and

post-conviction polygraph literature and research.

135 Normally “motions practice” refers to the arguments between

defense and prosecution about whether or not certain evidence should

be presented to the jury or if a case will even go to trial. These arguments are normally conducted outside the presence of the jury. If the

defense has evidence they want to present and the prosecution does

not want it included (for example, sexual history of the victim), each

will write detailed arguments supported by law, previous legal decisions, and the facts of the case. They will then typically argue their

cases verbally in front of the judge, who will make a decision.

Motions practice can be very complicated and intense. In some cases,

the motions practice is longer and more involved than the actual case

that the jury sees. It can make a substantial difference in the outcome

of a case if it is done well (by either side).

136 Rules for Courts-Martial 405(h)(3)

137 In the 2004 DoD IG Survey (US DOD, Office of the Inspector

General of the Department of Defense’s Report), 17% of females and

17.3% of males at the Military Academy considered fraudulent

reporting to be a large or very large problem. At the Naval Academy

36.8% of females and 43.2% of males considered it a large or very

large problem.

138 Cadets at US Military Academy have access to legal counsel

through the legal assistance office; however, these attorneys are not

full-time defense attorneys. A cadet under investigation may start out

with a legal assistance attorney, and when charges are preferred, the

cadet must then retain a new attorney from Ft. Drum. Switching

attorneys in the middle of an investigation is not in the best interests

of the accused cadet.

139 Criminal investigative records are maintained centrally in the

Washington D.C. area.

140 National Academy of Public Administration, Adapting Military

Sex Crime Investigations to Changing Times (National Academy of

Public Administration, 1999).

141 National Academy of Public Administration, Adapting Military

Sex Crime Investigations. This report severely criticized the practice

of using this information for other than law enforcement purposes

and recommended that the standard for indexing be raised from

“credible information” to “probable cause” in order to limit the misuse

of information. The Task Force believes that strictly limiting the use

of the information, rather than changing the standard, better protects

the interests of all interested parties.

142 Sexual harassment and assault are addressed by the Values

Education Program under the subordinate Respect Program. The

“overview” section of this report contains a more detailed outline of

the Values Education Program structure.

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END NOTES

End Notes
143 The sexual harassment curriculum is limited, repetitive in nature,

and highly standardized. The sexual assault curriculum is more comprehensive and builds on previously presented concepts versus simply

repeating them.

144 42 US Code § 10607

145 For example, the Mentors in Violence Prevention Model

(http://www.Jacksonkatz.com/MVP.html)

146 The Military Academy faculty and staff receive standard sexual

harassment prevention training through Equal Opportunity Office

channels but no sexual assault prevention training. The Naval

Academy faculty and staff receive sexual harassment prevention training through the Command Managed Equal Opportunity Office and

sexual violence prevention training through the Sexual Assault Victim

Intervention Program.

147 Training for medical personnel should follow the guidelines outlines in the most recent National Protocol for Sexual Assault Medical

Forensic Examiners as published by the Department of Justice’s Office

on Violence Against Women.

148 See Finding 33A.

149 National Sexual Resource Center, fact sheet, Focusing on the

Prevention of First-Time Male Perpetration of Sexual Violence,

April 23, 2003.

150 See Recommendation 9B. It is important to note that prevention

and response are separate functions. Nevertheless, it may be intuitive

that the SARC also manage the prevention program.

151 US DOD, Office of the Inspector General of the Department of

Defense’s Report, ix

152 US DOD, Office of the Inspector General of the Department of

Defense’s Report, xiv

153 US DOD, Office of the Inspector General of the Department of

Defense’s Report, xiv

154 This was a consistent observation in discussion groups comprising

both cadets/midshipmen and Tactical/Company Officers.

155 DoD policy states that military installations in the United States

(and overseas, where appropriate) shall establish a formal memorandum of understanding (MOU) with local community service

providers, and other military services, as necessary and appropriate,

for providing support and care for victims of sexual assault (consistent

with section 577[b] [10] of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005, Public Law 108-375,

October 28, 2004).

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