```

[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21715-21747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07804]

[[Page 21715]]

Vol. 78

Thursday,

No. 70

April 11, 2013

Part II

Department of Defense

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32 CFR Part 105

 Sexual Assault Prevention and Response (SAPR) Program Procedures; 
Final Rule

Federal Register / Vol. 78 , No. 70 / Thursday, April 11, 2013 / 
Rules and Regulations

[[Page 21716]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2008-OS-0100; 0790-AI36]

32 CFR Part 105

Sexual Assault Prevention and Response (SAPR) Program Procedures

AGENCY: Department of Defense (DoD).

ACTION: Interim final rule.

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SUMMARY: This rule implements policy, assigns responsibilities, and 
provides guidance and procedures for the SAPR Program; establishes the 
processes and procedures for the Sexual Assault Forensic Examination 
(SAFE) Kit; establishes the multidisciplinary Case Management Group 
(CMG) and provides guidance on how to handle sexual assault; 
establishes SAPR minimum program standards, SAPR training requirements, 
and SAPR requirements for the DoD Annual Report on Sexual Assault in 
the Military. The Department of Defense Sexual Assault Prevention and 
Response (SAPR) program continues to evolve, and the Department is 
committed to incorporating best practices and Congressional 
requirements to ensure that sexual assault victims receive the services 
they need. As part of this commitment and in addition to the Interim 
Final Rule, the Department is exploring the feasibility and 
advisability of extending the Restricted Reporting option to DoD 
civilians and contractors serving overseas.

DATES: This rule is effective April 11, 2013. Comments must be received 
by June 10, 2013.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

Instructions: All submissions received must include the agency name and 
docket number or RIN for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Diana Rangoussis, Senior Policy 
Advisor, DoD Sexual Assault Prevention and Response Office (SAPRO), 
(571) 372-2648.

SUPPLEMENTARY INFORMATION: This rule is being published as an interim 
final rule to:
    (a) Incorporate all applicable Congressional mandates and all 
applicable recommendations from the Inspector General of the Department 
of Defense (IG, DoD), Government Accountability Office (GAO), and 
Defense Task Force on Sexual Assault in the Military Services 
(DTFSAMS), to include the Defense Sexual Assault Incident Database 
(DSAID);
    (b) Incorporate the NDAA requirement for expedited transfers of 
military service members who file Unrestricted Reports of sexual 
assault;
    (c) Incorporate the NDAA requirement for document retention in 
cases of Restricted and Unrestricted Reports of sexual assault;
    (d) Incorporate the NDAA requirement for a DoD-wide certification 
program with a national accreditor to ensure all sexual assault victims 
are offered the assistance of a certified sexual assault response 
coordinator (SARC) or SAPR victim advocate (VA);
    (e) Incorporate the NDAA requirement for updated SAPR training 
standards for Service members, and in addition containing specific 
standards for: accessions, annual, professional military education and 
leadership development training, pre- and post-deployment, pre-command, 
General and Field Officers and SES, military recruiters, civilians who 
supervise military, and responders (to include legal assistance 
attorneys) training;
    (f) Training on the new military rule of evidence (MRE) 514 that 
established the victim advocate privilege in UCMJ cases;
    (g) Establish the SAFE Helpline is established as the sole DoD 
hotline for crisis intervention. DoD sexual assault advocate 
certification program is mandated pursuant to the mandate in NDAA FY 
12;
    (h) Establishes requirements for a sexual assault victim safety 
assessment and the execution of a high-risk team to monitor cases where 
the sexual assault victim's life and safety may be in jeopardy.

Executive Summary

I. Purpose of the Regulatory Action

a. The Need for the Regulatory Action and How the Action Will Meet That 
Need

    This rule:
    (1) Incorporates all applicable Congressional mandates from 10 
U.S.C. 113; 10 U.S.C. chapter 47; and Public Laws 106-65, 108-375, 109-
163, 109-364, 110-417, 111-84, 111-383 and 112-81; and all applicable 
recommendations from the IG, DoD; GAO; DoD Task Force on Care for 
Victims of Sexual Assault; and DTFSAMS;
    (2) Establishes the creation, implementation, maintenance, and 
function of DSAID, an integrated database that will meet Congressional 
reporting requirements, support Service SAPR program management, and 
inform DoD SAPRO oversight activities;
    (3) Increases the scope of applicability of this part by expanding 
the categories of persons covered by this part to include:
    (i) National Guard (NG) and Reserve Component members who are 
sexually assaulted when performing active service, as defined in 10 
U.S.C. 101(d)(3), and inactive duty training. If reporting a sexual 
assault that occurred prior to or while not performing active service 
or inactive training, NG and Reserve Component members will be eligible 
to receive limited SAPR support services from a Sexual Assault Response 
Coordinator (SARC) and a SAPR Victim Advocate (VA) and are eligible to 
file a Restricted Report.
    (ii) Military dependents 18 years of age and older who are eligible 
for treatment in the military healthcare system (MHS), at installations 
in the continental United States (CONUS) and outside the continental 
United States (OCONUS), and who were victims of sexual assault 
perpetrated by someone other than a spouse or intimate partner.
    (iii) Adult military dependents may file unrestricted or restricted 
reports of sexual assault.
    (iv) The Family Advocacy Program (FAP), consistent with DoDD 6400.1 
\1\ and DoD Instruction (DoDI) 6400.06,\2\ covers adult military 
dependent sexual assault victims who are assaulted by a spouse or 
intimate partner and military dependent sexual assault victims who are 
17 years of age and younger.)
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    \1\ Available: http://www.dtic.mil/whs/directives/corres/pdf/640001p.pdf.
    \2\ Available: http://www.dtic.mil/whs/directives/corres/pdf/640006p.pdf.
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    (4) The following non-military individuals who are victims of 
sexual assault are only eligible for limited emergency care medical 
services at a military treatment facility, unless that individual is 
otherwise eligible as a Service member or TRICARE (http://www.tricare.mil) beneficiary of the military health system to receive

[[Page 21717]]

treatment in a military medical treatment facility (MTF) at no cost to 
them. They are only eligible to file an Unrestricted Report. They will 
also be offered the limited SAPR services to be defined as the 
assistance of a SARC and SAPR VA while undergoing emergency care 
OCONUS. These limited medical and SAPR services shall be provided to:
    (i) DoD civilian employees and their family dependents 18 years of 
age and older when they are stationed or performing duties OCONUS and 
eligible for treatment in the MHS at military installations or 
facilities OCONUS. These DoD civilian employees and their family 
dependents 18 years of age and older only have the Unrestricted 
Reporting option.
    (ii) U.S. citizen DoD contractor personnel when they are authorized 
to accompany the Armed Forces in a contingency operation OCONUS and 
their U.S. citizen employees. DoD contractor personnel only have the 
Unrestricted Reporting option. Additional medical services may be 
provided to contractors covered under this part in accordance with DoDI 
3020.41 \3\ as applicable.
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    \3\ Available: http://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf.
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    (5) Service members who are on active duty but were victims of 
sexual assault prior to enlistment or commissioning are eligible to 
receive SAPR services under either reporting option. The DoD shall 
provide support to an active duty Service member regardless of when or 
where the sexual assault took place.

b. Succinct Statement of Legal Authority for the Regulatory Action

    10 U.S.C. 113; 10 U.S.C. chapter 47 (also known and hereafter 
referred to as ``The Uniform Code of Military Justice''); and Public 
Laws 106-65, 108-375, 109-163, 109-364, 110-417, 111-84, 111-383 and 
112-81.

II. Summary of the Major Provisions of the Regulatory Action

    This rule:
    (1) Codifies the Expedited Transfer policy which provides sexual 
assault victims who report their assaults the opportunity to transfer 
from their installation.
    (2) Codifies the Document Retention policy which requires the 
retention of certain sexual assault records in reported cases for 50 
years, and requires the retention for at least 5 years in cases of 
restricted reports (no command or law enforcement notice). But at the 
request of a member of the Armed Forces who files a Restricted Report 
on an incident of sexual assault, the Department of Defense Form (DD 
Form) 2910 and DD Form 2911 filed in connection with the Restricted 
Report be retained for 50 years.
    (3) Details for the Congressional reporting requirements for the 
annual sexual assault in the military services report and the Military 
Service Academies report are set out.
    (4) Provides detailed procedures for the DSAID database.
    (5) Establishes the SAFE Helpline as the sole DoD hotline for 
crisis intervention.
    (6) Establishes the DoD sexual assault advocate certification 
program, pursuant to the mandate in NDAA FY 12.
    (7) Revises training requirements for all levels of training and 
all military personnel. Specific training standards will be codified 
for first responders to include SARCs, SAPR VAs, medical personnel, 
commanders, investigators, chaplains, prosecutors, and even legal 
assistance attorneys.
    (8) Mandates training on the new Victim Advocate Privilege found in 
Military Rule of Evidence 514.
    (9) Requires the execution of a high-risk team to monitor cases 
where the sexual assault victim's life and safety may be in jeopardy.

III. Costs and Benefits

    The preliminary estimate of the anticipated cost associated with 
this rule for the current fiscal year is approximately $15 million. 
Additionally, each of the Military Services establishes its own SAPR 
budget for the programmatic costs arising from the implementation of 
the training, prevention, reporting, response, and oversight 
requirements established by this rule.
    The anticipated benefits associated with this rule include:
    (1) A complete SAPR Policy consisting of this part and 32 CFR part 
103, to include comprehensive SAPR procedures to implement the DoD 
policy on prevention and response to sexual assaults involving members 
of the U.S. Armed Forces.
    (2) Guidance and procedures with which the DoD may establish a 
culture free of sexual assault, through an environment of prevention, 
education and training, response capability, victim support, reporting 
procedures, and appropriate accountability that enhances the safety and 
well being of all persons covered by this part and 32 CFR part 103.
    (3) A focus on the victim and on doing what is necessary and 
appropriate to support victim recovery, and also, if a Service member, 
to support that Service member to be fully mission capable and engaged.
    (4) A requirement that medical care and SAPR services are gender-
responsive, culturally competent, and recovery-oriented.
    (5) Command sexual assault awareness and prevention programs and 
DoD law enforcement and criminal justice procedures that enable persons 
to be held appropriately accountable for their actions, shall be 
supported by all commanders.
    (6) Standardized SAPR requirements, terminology, guidelines, 
protocols, and guidelines for training materials shall focus on 
awareness, prevention, and response at all levels, as appropriate.
    (7) A 24 hour, 7 day per week sexual assault response capability 
for all locations, including deployed areas, shall be established for 
persons covered in this part. An immediate, trained sexual assault 
response capability shall be available for each report of sexual 
assault in all locations, including in deployed locations.
    (8) Sexual Assault Response Coordinators (SARC), SAPR Victim 
Advocates (VA), and other responders will assist sexual assault victims 
regardless of Service affiliation.
    (9) Service member and adult military dependent victims of sexual 
assault shall receive timely access to comprehensive medical and 
psychological treatment, including emergency care treatment and 
services, as described in this part and 32 CFR part 103.
    (10) Sexual assault victims shall be given priority, and treated as 
emergency cases. Emergency care shall consist of emergency medical care 
and the offer of a SAFE. The victim shall be advised that even if a 
SAFE is declined the victim shall be encouraged (but not mandated) to 
receive medical care, psychological care, and victim advocacy.
    (11) Enlistment or commissioning of persons in the Military 
Services shall be prohibited and no waivers are allowed when the person 
has a qualifying conviction for a crime of sexual assault or is 
required to be registered as a sex offender.
    (12) Two separate document retention schedules for records of 
Service members who report that they are victims of sexual assault, 
based on whether the Service member filed a Restricted or Unrestricted 
Report as defined 32 CFR part 103. The record retention system for 
Restricted Reports shall protect the Service member's desire for 
confidentiality. Restricted Report cases direct that DD Forms 2910 and 
DD Form 2911 be retained for at least 5 years, but at the request of a

[[Page 21718]]

member of the Armed Forces who files a Restricted Report on an incident 
of sexual assault, the DD Forms 2910 and 2911 filed in connection with 
the Restricted Report be retained for 50 years.
    Unrestricted Report cases direct that DD Forms 2910 and 2911 be 
retained for 50 years.
    (13) Expedited reporting of threats and expedited transfer policies 
for victims making Unrestricted Reports and who request a transfer.
    (14) Military Service members who file Unrestricted and Restricted 
Reports of sexual assault shall be protected from reprisal, or threat 
of reprisal, for filing a report.
    (15) Expanding the applicability of SAPR services to military 
dependents 18 years and older who have been sexually assaulted and 
giving the option of both reporting options: Unrestricted or Restricted 
Reporting.
    (16) Service members who are on active duty but were victims of 
sexual assault prior to enlistment or commissioning are eligible to 
receive SAPR services under either reporting option. The DoD shall 
provide support to an active duty Military Service member regardless of 
when or where the sexual assault took place.
    (17) A requirement to establish a DoD-wide certification program 
with a national accreditor to ensure all sexual assault victims are 
offered the assistance of a SARC or SAPR VA who has obtained this 
certification.
    (18) Training standards for legal assistance attorneys.
    (19) Training standards to train the Executive Order 13593, ``2011 
Amendments to the Manual for Courts-martial, United States,'' which 
established a new military rule of evidence (MRE) 514 that established 
the victim advocate privilege in UCMJ cases.
    (20) Implementing training standards that cover general SAPR 
training for Service members, and contain specific standards for: 
accessions, annual, professional military education and leadership 
development training, pre- and post-deployment, pre-command, General 
and Field Officers and SES, military recruiters, civilians who 
supervise military, and responder trainings.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that this rule does not:
    (a) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (b) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency; or
    (c) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof. However, it has been determined that this rule does 
raise novel legal or policy issues arising out of legal mandates, and 
the principles set forth in this Executive Order. This rule establishes 
the legal mandate from the National Defense Authorization Act to 
require all SARC and SAPR VAs that provide a response to be certified. 
Training standards for Executive Order 13593, ``2011 Amendments to the 
Manual for Courts-martial, United States,'' which establishes a new 
military rule of evidence that established the victim advocate 
privilege in UCMJ cases.

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that this rule does not contain a Federal 
mandate that may result in the expenditure by State, local and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This rule provides guidance and procedures for the 
DoD SAPR Program only.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    Section 105.15 of this interim final rule contains information 
collection requirements. DoD has submitted the following proposal to 
the Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act (44 U.S.C. Chapter 35), which has been assigned 
OMB Control Number 0704-0482. The System of Records Notice for the rule 
is located at http://www.sapr.mil/media/pdf/dsaid/DSAID_Federal_Register_SORN.pdf. The Privacy Act Information for this rule is 
located at http://www.whs.mil/EITSD/documents/DSAID-PIA.pdf.

Executive Order 13132, ``Federalism''

    It has been certified that this rule does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (a) The States;
    (b) The relationship between the National Government and the 
States; or
    (c) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 105

    Military personnel, crime, health, reporting and recordkeeping 
requirements.

    Accordingly, 32 CFR part 105 is added to read as follows:

PART 105--SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM PROCEDURES

Sec.
105.1 Purpose.
105.2 Applicability.
105.3 Definitions.
105.4 Policy.
105.5 Responsibilities.
105.6 Procedures.
105.7 Oversight of the SAPR program.
105.8 Reporting options and Sexual Assault Reporting Procedures.
105.9 Commander and management procedures.
105.10 SARC and SAPR VA procedures.
105.11 Healthcare provider procedures.
105.12 SAFE Kit collection and preservation.
105.13 Case management for Unrestricted Reports of sexual assault.
105.14 Training requirements for DoD personnel.
105.15 Defense Sexual Assault Incident Database (DSAID).
105.16 Sexual assault annual and quarterly reporting requirements.
105.17 Sexual assault offense--investigation disposition 
descriptions.
105.18 Information collection requirements.

    Authority: 10 U.S.C. 113; 10 U.S.C. chapter 47; and Public Laws 
106-65, 108-375, 109-163, 109-364, 110-417, 111-84, 111-383, and 
112-81.

Sec.  105.1  Purpose

    This part, in accordance with the authority in DoDD 5124.02 \1\ and 
32 CFR part 103:
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    \1\ Available: http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf.
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    (a) Establishes policy and implements 32 CFR part 103, assigns 
responsibilities, and provides guidance and procedures for the SAPR 
Program (see 32 CFR 103.3), can be found at www.dtic.mil/whs/directives/corres/pdf/649501p.pdf;
    (b) Establishes the processes and procedures for the Sexual Assault

[[Page 21719]]

Forensic Examination (SAFE) Kit; can be found at http://www.sapr.mil/index.php/toolkit;
    (c) Establishes the multidisciplinary Case Management Group (CMG) 
(see Sec.  105.3) and provides guidance on how to handle sexual 
assault;
    (d) Establishes Sexual Assault Prevention and Response (SAPR) 
minimum program standards, SAPR training requirements, and SAPR 
requirements for the DoD Annual Report on Sexual Assault in the 
Military consistent with the DoD Task Force Report on Care for Victims 
of Sexual Assault \2\ and pursuant to DoDD 5124.02 and 32 CFR part 103, 
10 U.S.C. 113, 10 U.S.C. chapter 47 (also known and hereafter referred 
to as the ``UCMJ''), and Public Laws 106-65, 108-375, 109-163, 109-364, 
110-417, 111-84, 111-383, and 112-81; and
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    \2\ Available: http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf.
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    (e) Incorporates DTM 11-063, ``Expedited Transfer of Military 
Service Members Who File Unrestricted Reports of Sexual Assault,'' 
December 16, 2011, can be found at http://www.sapr.mil/media/pdf/policy/DTM-11-063.pdf and DTM 11-062, ``Document Retention for 
Restricted and Unrestricted Reports of Sexual Assault,'' December 16, 
2011, can be found at http://www.dtic.mil/whs/directives/corres/pdf/DTM-11-062.pdf.
    (f) Implements DoD policy and assigns responsibilities for the SAPR 
Program on prevention, response, and oversight to sexual assault 
according to the policies and guidance in:
    (1) DoDD 5124.02, ``Under Secretary of Defense for Personnel and 
Readiness (USD(P&R)),'' June 23, 2008, can be found at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf;
    (2) 32 CFR part 103;
    (3) Under Secretary of Defense for Personnel and Readiness, ``Task 
Force Report on Care for Victims of Sexual Assault,'' April 2004, can 
be found at http://www.sapr.mil/media/pdf/research/Task-Force-Report-for-Care-of-Victims-of-SA-2004.pdf;
    (4) Sections 101(d)(3), 113, 504, 4331, chapter 47, and chapter 80 
of title 10, U.S.C.;
    (5) Public Law 106-65, ``National Defense Authorization Act for 
Fiscal Year 2000,'' October 5, 1999;
    (6) Public Law 108-375, ``Ronald Reagan National Defense 
Authorization Act for Fiscal Year 2005,'' October 28, 2004;
    (7) Public Law 109-163, ``National Defense Authorization Act for 
Fiscal Year 2006,'' January 6, 2006;
    (8) Public Law 109-364, ``John Warner National Defense 
Authorization Act for Fiscal Year 2007,'' October 17, 2006;
    (9) Sections 561, 562, and 563 of Public Law 110-417, ``Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009,'' 
October 14, 2008;
    (10) Public Law 111-84, ``National Defense Authorization Act for 
Fiscal Year 2010,'' October 28, 2009;
    (11) Public Law 111-383, ``Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011,'' January 7, 2011;
    (12) Section 585 and 586 of Public Law 112-81, ``National Defense 
Authorization Act for Fiscal Year 2012,'' December 16, 2011;
    (13) DTM 11-063, ``Expedited Transfer of Military Service Members 
Who File Unrestricted Reports of Sexual Assault,'' December 16, 2011 
(hereby cancelled), can be found at http://www.sapr.mil/media/pdf/policy/DTM-11-063.pdf;
    (14) DTM 11-062, ``Document Retention in Cases of Restricted and 
Unrestricted Reports of Sexual Assault,'' December 16, 2011, can be 
found at http://www.sapr.mil/media/pdf/policy/DTM-11-062.pdf;
    (15) DoDD 6400.1, ``Family Advocacy Program (FAP),'' August 23, 
2004, can be found at http://www.dtic.mil/whs/directives/corres/pdf/640001p.pdf;
    (16) DoDI 6400.06, ``Domestic Abuse Involving DoD Military and 
Certain Affiliated Personnel,'' August 21, 2007, as amended, can be 
found at http://www.dtic.mil/whs/directives/corres/pdf/640006p.pdf;
    (17) DoDI 3020.41, ``Operational Contract Support (OCS),'' December 
20, 2011, can be found at http://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf;
    (18) U.S. Department of Defense, ``Manual for Courts-Martial, 
United States'';
    (19) DoDI 5505.18, ``Investigation of Adult Sexual Assault in the 
Department of Defense,'' January 25, 2013, can be found at http://www.dtic.mil/whs/directives/corres/pdf/550518p.pdf;
    (20) DoDI 5545.02, ``DoD Policy for Congressional Authorization and 
Appropriations Reporting Requirements,'' December 19, 2008, can be 
found at http://www.dtic.mil/whs/directives/corres/pdf/554502p.pdf;
    (21) DTM 12-004, ``DoD Internal Information Collections,'' April 
24, 2012, can be found at http://www.dtic.mil/whs/directives/corres/pdf/DTM-12-004.pdf;
    (21) DoD 8910.1-M, ``Department of Defense Procedures for 
Management of Information Requirements,'' June 30, 1998, can be found 
at http://www.dtic.mil/whs/directives/corres/pdf/891001m.pdf;
    (23) U.S. Department of Justice, Office on Violence Against Women, 
``A National Protocol for Sexual Assault Medical Forensic Examinations, 
Adults/Adolescents,'' current version, can be found at http://www.ncjrs.gov/pdffiles1/ovw/206554.pdf;
    (24) DoDI 1030.2, ``Victim and Witness Assistance Procedures,'' 
June 4, 2004, can be found at http://www.dtic.mil/whs/directives/corres/pdf/103002p.pdf;
    (25) DoDD 7050.06, ``Military Whistleblower Protection,'' July 23, 
2007, can be found at http://www.dtic.mil/whs/directives/corres/pdf/705006p.pdf;
    (26) Section 102 of title 32, U.S.C.;
    (27) Section 8(c) of Public Law 100-504, ``The Inspector General 
Act of 1978,'' as amended;
    (28) DoD 6025.18-R, ``DoD Health Information Privacy Regulation,'' 
January 24, 2003, can be found at http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf;
    (29) Executive Order 13593, ``2011 Amendments to the Manual for 
Courts-Martial, United States,'' December 13, 2011, can be found at 
http://www.gpo.gov/fdsys/pkg/FR-2011-12-16/pdf/X11-11216.pdf;
    (30) DoDD 5400.11, ``DoD Privacy Program,'' May 8, 2007, can be 
found at http://www.dtic.mil/whs/directives/corres/pdf/540011p.pdf;
    (31) Public Law 104-191, ``Health Insurance Portability and 
Accountability Act of 1996,'' August 21, 1996;
    (32) Section 552a of title 5, U.S.C.;
    (33) DoDD 1030.01, ``Victim and Witness Assistance,'' April 13, 
2004, can be found at http://www.dtic.mil/whs/directives/corres/pdf/103001p.pdf;
    (34) DoDI 1241.2, ``Reserve Component Incapacitation System 
Management,'' May 30, 2001, can be found at http://www.dtic.mil/whs/directives/corres/pdf/124102p.pdf;
    (35) Section 1561a of Public Law 107-311, ``Armed Forces Domestic 
Security Act,'' December 2, 2002;
    (36) Secretary of Defense Memorandum, ``Withholding Initial 
Disposition Authority Under the Uniform Code of Military Justice in 
Certain Sexual Assault Cases,'' April 20, 2012, can be found at http://www.dod.gov/dodgc/images/withhold_authority.pdf;
    (37) Under Secretary of Defense for Personnel and Readiness 
Memorandum, ``Legal Assistance for Victims of Crime,'' October 17, 
2011, can be found at http://www.sapr.mil/index.php/law-and-dod-policies/directives-and-instructions; and
    (38) DoD 4165.66-M, ``Base Redevelopment and Realignment

[[Page 21720]]

Manual,'' March 1, 2006, can be found at http://www.dtic.mil/whs/directives/corres/pdf/416566m.pdf.

Sec.  105.2  Applicability.

    This part applies to:
    (a) Office of the Secretary of Defense (OSD), the Military 
Departments, the Office of the Chairman of the Joint Chiefs of Staff 
and the Joint Staff, the Combatant Commands, the IG, DoD, the Defense 
Agencies, the DoD Field Activities, and all other organizational 
entities within the DoD (hereafter referred to collectively as the 
``DoDComponents'').
    (b) NG and Reserve Component members who are sexually assaulted 
when performing active service, as defined in section 101(d)(3) of 
title 10, U.S.C., and inactive duty training. If reporting a sexual 
assault that occurred prior to or while not performing active service 
or inactive training, NG and Reserve Component members will be eligible 
to receive limited SAPR support services from a SARC and a SAPR VA and 
are eligible to file a Restricted or Unrestricted Report.
    (c) Military dependents 18 years of age and older who are eligible 
for treatment in the MHS, at installations CONUS and OCONUS, and who 
were victims of sexual assault perpetrated by someone other than a 
spouse or intimate partner.
    (1) Adult military dependents may file unrestricted or restricted 
reports of sexual assault.
    (2) The FAP, consistent with DoDD 6400.1 and DoDI 6400.06, covers 
adult military dependent sexual assault victims who are assaulted by a 
spouse or intimate partner and military dependent sexual assault 
victims who are 17 years of age and younger. The installation SARC and 
the installation family advocacy program (FAP) and domestic violence 
intervention and prevention staff shall direct coordination when a 
sexual assault occurs within a domestic relationship or involves child 
abuse.
    (d) The following non-military individuals who are victims of 
sexual assault are only eligible for limited emergency care medical 
services at a military treatment facility, unless that individual is 
otherwise eligible as a Service member or TRICARE (http://www.tricare.mil) beneficiary of the military health system to receive 
treatment in a military MTF at no cost to them. They are only eligible 
to file an Unrestricted Report. They will also be offered the limited 
SAPR services to be defined as the assistance of a SARC and SAPR VA 
while undergoing emergency care OCONUS. These limited medical and SAPR 
services shall be provided to:
    (1) DoD civilian employees and their family dependents 18 years of 
age and older when they are stationed or performing duties OCONUS and 
eligible for treatment in the MHS at military installations or 
facilities OCONUS. These DoD civilian employees and their family 
dependents 18 years of age and older only have the Unrestricted 
Reporting option.
    (2) U.S. citizen DoD contractor personnel when they are authorized 
to accompany the Armed Forces in a contingency operation OCONUS and 
their U.S. citizen employees. DoD contractor personnel only have the 
Unrestricted Reporting option. Additional medical services may be 
provided to contractors covered under this part in accordance with DoDI 
3020.41 as applicable.
    (e) Service members who are on active duty but were victims of 
sexual assault prior to enlistment or commissioning are eligible to 
receive SAPR services (see Sec.  105.3) under either reporting option. 
The DoD shall provide support to an active duty Service member 
regardless of when or where the sexual assault took place.

Sec.  105.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part. Refer to 32 CFR 103.3 for terms not defined 
in this part.
    (a) Accessions training. Training that a Service member receives 
upon initial entry into Military Service through basic military 
training.
    (b) Certification. Refers to the process by which the Department 
credentials SARCs and SAPR VAs, assesses the effectiveness of sexual 
assault advocacy capabilities using a competencies framework, and 
evaluates and performs oversight over SARC and SAPR VA training. The 
certification criteria is established by the Department in consultation 
with subject-matter experts.
    (c) Case Management Group (CMG). A multi-disciplinary group that 
meets monthly to review individual cases of Unrestricted Reports of 
sexual assault. The group facilitates monthly victim updates and 
directs system coordination, accountability, and victim access to 
quality services. At a minimum, each group shall consist of the 
following additional military or civilian professionals who are 
involved and working on a specific case: SARC, SAPR VA, military 
criminal investigator, DoD law enforcement, healthcare provider and 
mental health and counseling services, chaplain, command legal 
representative or staff judge advocate (SJA), and victim's commander.
    (d) Collateral misconduct. Victim misconduct that might be in time, 
place, or circumstance associated with the victim's sexual assault 
incident. Collateral misconduct by the victim of a sexual assault is 
one of the most significant barriers to reporting assault because of 
the victim's fear of punishment. Some reported sexual assaults involve 
circumstances where the victim may have engaged in some form of 
misconduct (e.g., underage drinking or other related alcohol offenses, 
adultery, fraternization, or other violations of certain regulations or 
orders).
    (e) Confidential communications. Defined in 32 CFR part 103.
    (f) Consent. Defined in 32 CFR part 103.
    (g) Credible information. Information that, considering the source 
and nature of the information and the totality of the circumstances, is 
sufficiently believable to presume that the fact or facts in question 
are true.
    (h) Credible report. Either a written or verbal report made in 
support of an expedited transfer that is determined to have credible 
information.
    (i) Crisis intervention. Defined in 32 CFR part 103.
    (j) Culturally-competent care. Defined in 32 CFR part 103.
    (k) Defense Sexual Assault Incident Database (DSAID). Defined in 32 
CFR part 103.
    (l) Designated activity. The agency that processes permanent change 
of station (PCS) or permanent change of assignment (PCA) for expedited 
transfers.
    (1) Air Force: Air Force Personnel Center.
    (2) Army: Human Resources Command for inter-installation transfers 
and the installation personnel center for intra-installation transfers.
    (3) Navy: Bureau of Naval Personnel.
    (4) U.S. Marine Corps: the order writing section of Headquarters 
Marine Corps.
    (5) Air and Army NG: the National Guard Bureau (NGB) or the Joint 
Forces Headquarters-State for the State involved.
    (m) DoD Safe Helpline. A crisis support service for victims of 
sexual assault in the DoD. The DoD Safe Helpline is available 24/7 
worldwide with ``click, call, or text'' user options for anonymous and 
confidential support. The DoD Safe Helpline can be accessed by logging 
on to www.safehelpline.org or by calling 1-877-995-5247. The DoD Safe 
Helpline

[[Page 21721]]

does not replace local base and installation SARC or SAPR VA contact 
information.
    (n) Emergency. Defined in 32 CFR part 103.
    (o) Emergency care. Defined in 32 CFR part 103.
    (p) Executive agent. The Head of a DoD Component to whom the 
Secretary of Defense or the Deputy Secretary of Defense has assigned 
specific responsibilities, functions, and authorities to provide 
defined levels of support for operational missions, or administrative 
or other designated activities that involve two or more of the DoD 
Components.
    (q) Final disposition. Actions taken to resolve the reported 
incident, document case outcome, and address the misconduct by the 
alleged perpetrator, as appropriate. It includes, but is not limited 
to, military justice proceedings, non-judicial punishment, or 
administrative actions, including separation actions taken in response 
to the offense, whichever is the most serious action taken.
    (r) Gender-responsive care. Defined in 32 CFR part 103.
    (s) Healthcare personnel. Persons assisting or otherwise supporting 
healthcare providers in providing healthcare services (e.g., 
administrative personnel assigned to a military MTF). Includes all 
healthcare providers.
    (t) Healthcare provider. Those individuals who are employed or 
assigned as healthcare professionals, or are credentialed to provide 
healthcare services at a MTF, or who provide such care at a deployed 
location or otherwise in an official capacity. This also includes 
military personnel, DoD civilian employees, and DoD contractors who 
provide healthcare at an occupational health clinic for DoD civilian 
employees or DoD contractor personnel. Healthcare providers may 
include, but are not limited to:
    (1) Licensed physicians practicing in the MHS with clinical 
privileges in obstetrics and gynecology, emergency medicine, family 
practice, internal medicine, pediatrics, urology, general medical 
officer, undersea medical officer, flight surgeon, or those having 
clinical privileges to perform pelvic examinations.
    (2) Licensed advanced practice registered nurses practicing in the 
MHS with clinical privileges in adult health, family health, midwifery, 
women's health, or those having clinical privileges to perform pelvic 
examinations.
    (3) Licensed physician assistants practicing in the MHS with 
clinical privileges in adult, family, women's health, or those having 
clinical privileges to perform pelvic examinations.
    (4) Licensed registered nurses practicing in the MHS who meet the 
requirements for performing a SAFE as determined by the local 
privileging authority. This additional capability shall be noted as a 
competency, not as a credential or privilege.
    (5) A psychologist, social worker or psychotherapist licensed and 
privileged to provide mental health are or other counseling services in 
a DoD or DoD-sponsored facility.
    (u) Hospital facilities (Level 3). Minimum operational functions 
required for a Level 3 hospital include: command, control, and 
communications; patient administration; nutritional care; supply and 
services; triage; emergency medical treatment; preoperative care; 
orthopedics; general surgery; operating rooms and central materiel and 
supply services; anesthesia, nursing services (to include intensive and 
intermediate care wards); pharmacy; clinical laboratory and blood 
banking; radiology services; and hospital ministry team services.
    (v) Installation. A base, camp, post, station, yard, center, 
homeport facility for any ship, or other activity under the 
jurisdiction of the DoD, including any leased facility. It does not 
include any facility used primarily for civil works, rivers and harbors 
projects, flood control, or other projects not under the primary 
jurisdiction or control of the DoD.
    (w) Installation commander. Commander of a base, camp, post, 
station, yard, center, homeport facility for any ship, or other 
activity under the jurisdiction of the DoD, including any leased 
facility. It does not include any facility used primarily for civil 
works, rivers and harbors projects, flood control, or other projects 
not under the primary jurisdiction or control of the DoD.
    (x) Law enforcement. Includes all DoD law enforcement units, 
security forces, and Military Criminal Investigative Organizations 
(MCIO).
    (y) MCIOs. The U.S. Army Criminal Investigation Command, Naval 
Criminal Investigative Service, and Air Force Office of Special 
Investigations.
    (z) Medical care. Includes physical and psychological medical 
services.
    (aa) Military Services. The term, as used in the SAPR Program, 
includes Army, Air Force, Navy, Marines, Reserve Components, and their 
respective Military Academies.
    (bb) Non-identifiable information. Defined in 32 CFR part 103.
    (cc) Non-participating victim. Victim choosing not to participate 
in the military justice system.
    (dd) Official investigative process. Defined in 32 CFR part 103.
    (ee) Personal identifiable information. Defined in 32 CFR part 103.
    (ff) Qualifying conviction. Defined in 32 CFR part 103.
    (gg) Recovery-oriented care. Defined in 32 CFR part 103.
    (hh) Reprisal. Taking or threatening to take an unfavorable 
personnel action, or withholding or threatening to withhold a favorable 
personnel action, or any other act of retaliation, against a Service 
member for making, preparing, or receiving a communication.
    (ii) Responders. Includes first responders, who are generally 
composed of personnel in the following disciplines or positions: SARCs, 
SAPR VAs, healthcare personnel, law enforcement, and MCIOs. Other 
responders are judge advocates, chaplains, and commanders, but they are 
usually not first responders.
    (jj) Respond, response, or response capability. All locations, 
including deployed areas, have a 24 hour, 7 day per week sexual assault 
response capability. The SARC shall be notified, respond or direct a 
SAPR VA to respond, assign a SAPR VA, and offer the victim healthcare 
treatment and a SAFE. In geographic locations where there is no SARC 
onsite, the on-call SAPR VA shall respond, offer the victim healthcare 
treatment and a SAFE, and immediately notify the SARC of the sexual 
assault. The initial response is generally composed of personnel in the 
following disciplines or positions: SARCs, SAPR VAs, healthcare 
personnel, law enforcement, and MCIOs. Other responders are judge 
advocates, chaplains, and commanders. When victims geographically 
detached from a military installation, the SARC or SAPR VA will refer 
to local civilian providers or the DoD Safe Helpline for resources.
    (kk) Restricted reporting. Reporting option that allows sexual 
assault victims to confidentially disclose the assault to specified 
individuals (i.e., SARC, SAPR VA, or healthcare personnel), and receive 
medical treatment, including emergency care, counseling, and assignment 
of a SARC and SAPR VA, without triggering an investigation. The 
victim's report provided to healthcare personnel (including the 
information acquired from a SAFE Kit), SARCs, or SAPR VAs, will not be 
reported to law enforcement or to the command to initiate the official 
investigative process unless the victim consents or an established 
exception applies. The

[[Page 21722]]

Restricted Reporting Program applies to Service members and their 
military dependents 18 years of age and older. Additional persons who 
may be entitled to Restricted Reporting are NG and Reserve Component 
members. DoD civilians and contractors, at this time, are only eligible 
to file an Unrestricted Report. Only a SARC, SAPR VA, or healthcare 
personnel may receive a Restricted Report, previously referred to as 
Confidential Reporting.
    (ll) Re-victimization. A pattern wherein the victim of abuse or 
crime has a statistically higher tendency to be victimized again, 
either shortly thereafter or much later in adulthood in the case of 
abuse as a child. This latter pattern is particularly notable in cases 
of sexual abuse.
    (mm) SAFE Kit. Defined in 32 CFR part 103.
    (nn) SAPR Integrated Product Team (IPT). A team of individuals that 
advises the Under Secretary of Defense (USD) for Personnel and 
Readiness (P&R) and the Secretary of Defense on policies for sexual 
assault issues involving persons covered by this part. The SAPR IPT 
serves as the implementation and oversight arm of the SAPR Program. It 
coordinates policy and reviews the DoD's SAPR policies and programs 
consistent with this part and 32 CFR part 103 and monitors the progress 
of program elements. The SAPR IPT is chaired by the Director, SAPRO.
    (oo) SAPR Program. Defined in 32 CFR part 103.
    (pp) SAPR services. Services provided by a SARC and SAPR VA.
    (qq) SAPR VA. Defined in 32 CFR part 103.
    (rr) SAPRO. Defined in 32 CFR part 103.
    (ss) SARC. Defined in 32 CFR part 103.
    (tt) Secondary victimization. The re-traumatization of the sexual 
assault, abuse, or rape victim. It is an indirect result of assault 
that occurs through the responses of individuals and institutions to 
the victim. The types of secondary victimization include victim 
blaming, inappropriate behavior or language by medical personnel and by 
other organizations with access to the victim post assault.
    (uu) Service member. Defined in 32 CFR part 103.
    (vv) Sexual assault. Intentional sexual contact characterized by 
the use of force, threats, intimidation, or abuse of authority or when 
the victim does not or cannot consent. As used in this part, the term 
includes a broad category of sexual offenses consisting of the 
following specific UCMJ offenses: rape, sexual assault, aggravated 
sexual contact, abusive sexual contact, forcible sodomy (forced oral or 
anal sex), or attempts to commit these offenses.
    (ww) Trauma informed care. An approach to engage people with 
histories of trauma that recognizes the presence of trauma symptoms and 
acknowledges the role that trauma has played in their lives. Trauma-
informed services are based on an understanding of the vulnerabilities 
or triggers of trauma survivors that traditional service delivery 
approaches may exacerbate, so these services and programs can be more 
supportive and avoid re-traumatization.
    (xx) Unrestricted reporting. Defined in 32 CFR part 103.
    (yy) Victim Witness Assistance Program (VWAP). Provides guidance in 
accordance with DoD 8910.1-M \3\ for assisting victims and witnesses of 
crime from initial contact through investigation, prosecution, and 
confinement. Particular attention is paid to victims of serious and 
violent crime, including child abuse, domestic violence and sexual 
misconduct.
---------------------------------------------------------------------------

    \3\ Available: http://www.dtic.mil/whs/directives/corres/pdf/891001m.pdf.
---------------------------------------------------------------------------

    (zz) Victim. Defined in 32 CFR part 103.
    (aaa) Working Integrated Product Team (WIPT). A team of individuals 
that focuses on one select issue, is governed by a charter with 
enumerated goals (the details of which will be laid out in individual 
work plans), and is subject to a definitive timeline for the 
accomplishment of the stated goals. The USD(P&R) shall provide 
decisions for WIPT issues that cannot be resolved by the SAPR IPT or 
that require higher level decision-making. Chairs or co-chairs are 
approved by the Director, SAPRO, who serves as the chair of the SAPR 
IPT. WIPT membership shall be comprised of full-time Federal employees 
and active duty military personnel. Membership is explained in 
individual WIPT work plans.
    (bbb) Work plan. Each WIPT is governed by a work plan that provides 
the WIPT's specific subject, chairs or co-chairs, participants, problem 
statement, key issues to address, issues outside the scope of the WIPT, 
timeline, deliverables, and expenses.

Sec.  105.4  Policy.

    It is DoD policy, in accordance with 32 CFR part 103, that:
    (a) This part and 32 CFR part 103 establish and implement the DoD 
SAPR program.
    (b) The DoD goal is a culture free of sexual assault, through an 
environment of prevention, education and training, response capability 
(see Sec.  105.3), victim support, reporting procedures, and 
appropriate accountability that enhances the safety and well being of 
all persons covered by this part and 32 CFR part 103.
    (c) The SAPR Program shall:
    (1) Focus on the victim and on doing what is necessary and 
appropriate to support victim recovery, and also, if a Service member, 
to support that Service member to be fully mission capable and engaged.
    (2) Require that medical care and SAPR services are gender-
responsive, culturally-competent, and recovery-oriented as defined in 
32 CFR 103.3.
    (3) Not provide policy for legal processes within the 
responsibility of the Judge Advocates General (JAG) of the Military 
Departments provided in the UCMJ, the Manual for Courts-Martial, or for 
criminal investigative matters assigned to the IG, DoD.
    (d) Command sexual assault awareness and prevention programs and 
DoD law enforcement (see Sec.  105.3) and criminal justice procedures 
that enable persons to be held appropriately accountable for their 
actions shall be supported by all commanders.
    (e) Standardized SAPR requirements, terminology, guidelines, 
protocols, and guidelines for training materials shall focus on 
awareness, prevention, and response at all levels, as appropriate.
    (f) SARC and SAPR VA shall be used as standard terms as defined in 
and in accordance with 32 CFR part 103 throughout the Military 
Departments to facilitate communications and transparency regarding 
SAPR response capability.
    (g) The SARC shall serve as the single point of contact for 
coordinating care to ensure that sexual assault victims receive 
appropriate and responsive care. All SARCs shall be authorized to 
perform VA duties in accordance with service regulations, and will be 
acting in the performance of those duties.
    (h) All SARCs shall have direct and unimpeded contact and access to 
the installation commander (see Sec.  105.3) for the purpose of this 
part and 32 CFR part 103.
    (1) If an installation has multiple SARCs on the installation, a 
Lead SARC shall be designated by the Service.
    (2) For SARCs that operate within deployable commands that are not 
attached to an installation, they shall have access to the senior 
commander for the deployable command.
    (i) A 24 hour, 7 day per week sexual assault response capability 
for all locations, including deployed areas, shall be established for 
persons covered in this part. An immediate, trained

[[Page 21723]]

sexual assault response capability shall be available for each report 
of sexual assault in all locations, including in deployed locations.
    (j) SARCs, SAPR VAs, and other responders (see Sec.  105.3) will 
assist sexual assault victims regardless of Service affiliation.
    (k) Service member and adult military dependent victims of sexual 
assault shall receive timely access to comprehensive medical and 
psychological treatment, including emergency care treatment and 
services, as described in this part and 32 CFR part 103.
    (l) Sexual assault victims shall be given priority, and treated as 
emergency cases. Emergency care (see Sec.  105.3) shall consist of 
emergency medical care and the offer of a SAFE. The victim shall be 
advised that even if a SAFE is declined the victim shall be encouraged 
(but not mandated) to receive medical care, psychological care, and 
victim advocacy.
    (m) The prohibition of enlistment or commissioning of persons in 
the Military Services when the person has a qualifying conviction (see 
Sec.  105.3) for a crime of sexual assault or is required to be 
registered as a sex offender.
    (n) Improper disclosure of confidential communications under 
Restricted Reporting or improper release of medical information are 
prohibited and may result in disciplinary action pursuant to the UCMJ 
or other adverse personnel or administrative actions. Even proper 
release of Restricted Reporting information should be limited to those 
with an official need to know, or as authorized by law.
    (o) Information regarding Unrestricted Reports should only be 
released to personnel with an official need to know, or as authorized 
by law.
    (p) The DoD will have two separate document retention schedules for 
records of Service members who report that they are victims of sexual 
assault, based on whether the Service member filed a Restricted or 
Unrestricted Report as defined in 32 CFR part 103. The record retention 
system for Restricted Reports shall protect the Service member's desire 
for confidentiality. Restricted Report cases direct that Department of 
Defense Forms (DD Form) 2910 and 2911 be retained for at least 5 years, 
but at the request of a member of the Armed Forces who files a 
Restricted Report on an incident of sexual assault, the DD Forms 2910 
and 2911 filed in connection with the Restricted Report be retained for 
50 years. Unrestricted Report cases direct that DD Forms 2910 and 2911 
be retained for 50 years.
    (1) Document Retention for Unrestricted Reports: The SARC will 
enter the Unrestricted Report DD Form 2910, ``Victim Reporting 
Preference Statement,'' in DSAID (see 32 CFR 103.3) or the DSAID-
interface Military Service data system as an electronic record, where 
it will be retained for 50 years from the date the victim signed the DD 
Form 2910. DD Form 2910 is located at the DoD Forms Management Program 
Web site at http://www.dtic.mil/whs/directives/infomgt/forms/index.htm. 
The DD Form 2911, ``DoD Sexual Assault Forensic Examination (SAFE) 
Report,'' shall be retained in accordance with this part.
    (2) Document Retention for Restricted Reports;
    (i) The SAFE Kit, which includes the DD Form 2911 or civilian 
forensic examination report, if available, will be retained for 5 years 
in a location designated by the Military Service concerned. The 5-year 
time frame will start from the date the victim signs the DD Form 2910.
    (ii) The SARC will retain a hard copy of the Restricted Report DD 
Form 2910 for 5 years, consistent with DoD guidance for the storage of 
personally identifiable information (PII). The 5-year time frame for 
the DD Form 2910 will start from the date the victim signs the DD Form 
2910. However, at the request of a member of the Armed Forces who files 
a Restricted Report on an incident of sexual assault, the DD Forms 2910 
and 2911 filed in connection with the Restricted Report be retained for 
50 years.
    (q) Any threat to the life or safety of a Military Service member 
shall be immediately reported to command and DoD law enforcement 
authorities (see Sec.  105.3) and a request to transfer the victim 
under these circumstances will be handled in accordance with 
established Service regulations. DoD recognizes that circumstances may 
also exist that warrant the transfer of a Service member who makes an 
Unrestricted Report of sexual assault but may not otherwise meet 
established criteria for effecting the immediate transfer of Service 
members. Those Service members may request a transfer pursuant to the 
procedures in this part.
    (r) Service members who file an Unrestricted Report of sexual 
assault shall be informed by the SARC at the time of making the report, 
or as soon as practicable, of the option to request a temporary or 
permanent expedited transfer from their assigned command or 
installation, or to a different location within their assigned command 
or installation, in accordance with the procedures for commanders in 
Sec.  105.9 of this part.
    (s) Service members who file Unrestricted and Restricted Reports of 
sexual assault shall be protected from reprisal, or threat of reprisal, 
for filing a report.

Sec.  105.5  Responsibilities.

    (a) USD(P&R). The USD(P&R), in accordance with the authority in 
DoDD 5124.02 and 32 CFR part 103, shall:
    (1) Oversee the DoD SAPRO (see 32 CFR 103.3) in accordance with 32 
CFR part 103.
    (2) Direct DoD Component implementation of this part in compliance 
with 32 CFR part 103.
    (3) Direct that Director, SAPRO, be informed of and consulted on 
any changes in DoD policy or the UCMJ relating to sexual assault.
    (4) With the Director, SAPRO, update the Deputy Secretary of 
Defense on SAPR policies and programs on a semi-annual schedule.
    (5) Direct the creation, implementation, and maintenance of DSAID.
    (6) Oversee DoD SAPRO in developing DoD requirements for SAPR 
education, training, and awareness for DoD personnel consistent with 
this part.
    (7) Appoint a general or flag officer (G/FO) or Senior Executive 
Service (SES) equivalent in the DoD as the Director, SAPRO.
    (8) In addition to the Director, SAPRO, assign a military officer 
from each of the Military Services in the grade of O-4 or above to 
SAPRO for a minimum tour length of at least 18 months. Of these four 
officers assigned to the SAPRO, at least one officer shall be in the 
grade of O-6 or above. See Public Law 112-81.
    (9) Establish a DoD-wide certification program (see Sec.  105.3) 
with a national accreditor to ensure all sexual assault victims are 
offered the assistance of a SARC or SAPR VA who has obtained this 
certification.
    (b) Director, Department of Defense Human Resource Activity 
(DoDHRA). The Director, DoDHRA, under the authority, direction, and 
control of the USD(P&R), shall provide operational support, budget, and 
allocate funds and other resources for the DoD SAPRO as outlined in 32 
CFR part 103.
    (c) Assistant Secretary of Defense for Health Affairs (ASD(HA)). 
The ASD(HA), under the authority, direction, and control of the 
USD(P&R), shall:
    (1) Establish DoD sexual assault healthcare policies, clinical 
practice guidelines, related procedures, and standards governing the 
DoD healthcare programs for victims of sexual assault.

[[Page 21724]]

    (2) Oversee the requirements and procedures in Sec.  105.11 of this 
part.
    (3) Establish guidance to:
    (i) Give priority to sexual assault patients at MTFs as emergency 
cases.
    (ii) Require standardized, timely, accessible, and comprehensive 
medical care at MTFs for eligible persons who are sexually assaulted.
    (iii) Require that medical care is consistent with established 
community standards for the healthcare of sexual assault victims and 
the collection of forensic evidence from victims, in accordance with 
the U.S. Department of Justice Protocol, instructions for victim and 
suspect exams found in the SAFE Kit, and DD Form 2911.
    (A) Minimum standards of healthcare intervention that correspond to 
clinical standards set in the community shall include those established 
in the U.S. Department of Justice Protocol. However, clinical guidance 
shall not be solely limited to this resource.
    (B) Healthcare providers providing care to sexual assault victims 
in theaters of operation are required to have access to the current 
version of the U.S. Department of Justice Protocol.
    (iv) Include deliberate planning to strategically position 
healthcare providers skilled in SAFE at predetermined echelons of care, 
for personnel with the responsibility of assigning medical assets.
    (4) Establish guidance for medical personnel that requires a SARC 
or SAPR VA to be called in for every incident of sexual assault for 
which treatment is sought at the MTFs, regardless of the reporting 
option.
    (5) Establish guidance in drafting memorandums of understanding 
(MOUs) or memorandums of agreement (MOAs) with local civilian medical 
facilities to provide DoD-reimbursable healthcare (to include 
psychological care) and forensic examinations for Service members and 
TRICARE eligible sexual assault victims. As part of the MOU or MOA, 
Victims shall be asked whether they would like the SARC to be notified 
and, if notified, a SARC or SAPR VA shall respond. Local private or 
public sector providers shall have processes and procedures in place to 
assess that local community standards meet or exceed the 
recommendations for conducting forensic exams of adult sexual assault 
victims set forth in the U.S. Department of Justice Protocol as a 
condition of the MOUs or MOAs.
    (6) Establish guidelines and procedures for the Surgeon Generals of 
the Military Departments to require that an adequate supply of 
resources, to include personnel, supplies, and SAFE Kits, is maintained 
in all locations where SAFEs may be conducted by DoD, including 
deployed locations. Maintaining an adequate supply of SAFE Kits is a 
shared responsibility of the ASD(HA) and Secretaries of the Military 
Departments.
    (7) Establish minimum standards of initial and refresher SAPR 
training required for all personnel assigned to MTFs. Specialized 
responder training is required for personnel providing direct care to 
victims of sexual assault. Minimum standards shall include trauma-
informed care (see Sec.  105.3) and medical and mental health care that 
is gender-responsive, culturally-competent, and recovery-oriented.
    (d) General Counsel of the DoD (GC, DoD). The GC, DoD, shall:
    (1) Provide legal advice and assistance on proposed policies, DoD 
issuances, proposed exceptions to policy, and review of all legislative 
proposals affecting mission and responsibilities of the SAPRO.
    (2) Inform the USD(P&R) of any sexual assault related changes to 
the UCMJ.
    (e) IG DoD. The IG DoD shall:
    (1) Establish guidance and provide oversight for the investigations 
of sexual assault in the DoD to meet the SAPR policy and training 
requirements of this part.
    (2) Inform the USD(P&R) of any changes relating to sexual assault 
investigation policy or guidance.
    (3) DoD IG shall collaborate with SAPRO in the development of 
investigative policy in support of sexual assault prevention and 
response.
    (f) Secretaries of the military departments. The Secretaries of the 
Military Departments shall:
    (1) Establish SAPR policy and procedures to implement this part.
    (2) Coordinate all Military Service SAPR policy changes (Department 
of the Navy-level for the Navy and Marine Corps) with the USD(P&R).
    (3) Establish and publicize policies and procedures regarding the 
availability of a SARC.
    (i) Require that sexual assault victims receive appropriate and 
responsive care and that the SARC serves as the single point of contact 
for coordinating care for victims.
    (ii) Direct that the SARC or a SAPR VA be immediately called in 
every incident of sexual assault on a military installation. There will 
be situations where a sexual assault victim receives medical care and a 
SAFE outside of a military installation through a MOU or MOA with a 
local private or public sector entity. In these cases, the MOU or MOA 
will require that victims shall be asked whether they would like the 
SARC to be notified as part of the MOU or MOA, and, if yes, a SARC or 
VA shall be notified and shall respond.
    (iii) When a victim has a temporary change of station or PCS or is 
deployed, direct that SARCs immediately request victim consent in 
writing to transfer case management documents, which should be 
documented on the DD Form 2910. Upon receipt of victim consent, SARCs 
shall expeditiously transfer case management documents to ensure 
continuity of care and SAPR services. All Federal, DoD, and Service 
privacy regulations must be strictly adhered to. However, when the SARC 
has a temporary change of station or PCS or is deployed, no victim 
consent is required to transfer the case to the next SARC. Every effort 
must be made to inform the victim of the case transfer. If the SARC has 
already closed the case and terminated victim contact, no other action 
is needed.
    (iv) Upon the full implementation of the DoD Sexual Assault 
Advocate Certification Program (D-SAACP), sexual assault victims shall 
be offered the assistance of a SARC and/or SAPR VA who has been 
credentialed by the D-SAACP and has passed a National Agency Check 
(NAC) background check.
    (v) Issue guidance to ensure that equivalent standards are met for 
SAPR where SARCs are not installation-based but instead work within 
operational and/or deployable organizations.
    (4) Establish guidance to meet the SAPR training requirements for 
legal, MCIO, DoD law enforcement, responders and other Service members 
in Sec.  105.14 of this part.
    (5) Upon request, submit a copy of SAPR training programs or SAPR 
training elements to USD(P&R) through SAPRO for evaluation of 
consistency and compliance with DoD SAPR training standards in this 
part. The Military Departments will correct USD(P&R) identified DoD 
SAPR policy and training standards discrepancies.
    (6) Establish and publicize policies and procedures for reporting a 
sexual assault.
    (i) Require first responders (see Sec.  105.3) to be identified 
upon their assignment and trained, and require that their response 
times be continually monitored by their commanders to ensure timely 
response to reports of sexual assault.
    (ii) Ensure established response time is based on local conditions 
but will reflect that sexual assault victims shall be treated as 
emergency cases. (See Sec.  105.14 of this part for training 
requirements.)
    (7) Establish policy that ensures commanders are accountable for 
implementing and executing the SAPR

[[Page 21725]]

program at their installations consistent with this part, 32 CFR part 
103, and their Service regulations.
    (8) Establish standards and periodic training for healthcare 
personnel and healthcare providers regarding the Unrestricted and 
Restricted Reporting options of sexual assault in accordance with Sec.  
105.14 of this part. Enforce eligibility standards of licensed 
healthcare providers to perform SAFEs.
    (9) Establish guidance to direct that all Unrestricted Reports of 
violations (to include attempts) of sexual assault and non-consensual 
sodomy, as defined in title 10, U.S.C., against adults are immediately 
reported to the MCIO, regardless of the severity of the potential 
punishment authorized by the UCMJ.
    (i) Commander(s) of the Service member(s) who is a subject of a 
sexual assault allegation shall provide in writing all disposition 
data, to include any administrative or judicial action taken, stemming 
from the sexual assault investigation to the MCIO.
    (ii) Once the investigation is completed, MCIOs shall submit case 
disposition data that satisfies the reporting requirements for DSAID 
identified in Sec.  105.15 and the annual reporting requirements in 
Sec.  105.16 of this part. MCIOs shall submit case disposition data 
even when the sexual assault case is referred to other DoD law 
enforcement.
    (iii) A unit commander who receives an Unrestricted Report of an 
incident of sexual assault shall immediately refer the matter to the 
appropriate MCIO. A unit commander shall not conduct internal command 
directed investigations on sexual assault (i.e., no referrals to 
appointed command investigators or inquiry officers) or delay 
immediately contacting the MCIOs while attempting to assess the 
credibility of the report.
    (10) Establish SAPR policy that encourages commanders to be 
responsive to a victim's desire to discuss his or her case with the 
installation commander tasked by the Military Service with oversight 
responsibility for the SAPR program in accordance with 32 CFR part 103.
    (11) Establish standards for command assessment of organizational 
SAPR climate, including periodic follow-up assessments. Adhere to 
USD(P&R) SAPR guidance and effectiveness of SAPR training, awareness, 
prevention, and response policies and programs.
    (12) As a shared responsibility with ASD(HA), direct installation 
commanders to maintain an adequate supply of SAFE Kits in all locations 
where SAFEs are conducted, including deployed locations. Direct that 
Military Service SAPR personnel, to include medical personnel, are 
appropriately trained on protocols for the use of the SAFE Kit and 
comply with prescribed chain of custody procedures described in their 
Military Service-specific MCIO procedures.
    (13) Establish procedures that require, upon seeking assistance 
from a SARC, SAPR VA, MCIO, the VWAP, or trial counsel, that each 
Service member who reports that she or he has been a victim of a sexual 
assault be informed of and given the opportunity to:
    (i) Consult with legal assistance counsel, and in cases where the 
victim may have been involved in collateral misconduct (see Sec.  
105.3), to consult with defense counsel.
    (A) When the alleged perpetrator is the commander or in the 
victim's chain of command, inform such victims shall be informed of the 
opportunity to go outside the chain of command to report the offense to 
other commanding officers (CO) or an Inspector General. Victims shall 
be informed that they can also seek assistance from the DoD Safe 
Helpline (see Sec.  105.3).
    (B) The victim shall be informed that legal assistance is optional 
and may be declined, in whole or in part, at any time.
    (C) Commanders shall require that information and services 
concerning the investigation and prosecution be provided to victims in 
accordance with VWAP procedures in DoDI 1030.2.\4\
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    (ii) Have a SARC or SAPR VA present when law enforcement or defense 
counsel interviews the victim.
    (14) Establish procedures to ensure that in the case of a general 
or special court-martial involving a sexual assault as defined in 32 
CFR part 103, a copy of the prepared record of the proceedings of the 
court-martial (not to include sealed materials, unless otherwise 
approved by the presiding military judge or appellate court) shall be 
given to the victim of the offense if the victim testified during the 
proceedings. The record of the proceedings (prepared in accordance with 
Service regulations) shall be provided without charge and as soon as 
the record is authenticated. The victim shall be notified of the 
opportunity to receive the record of the proceedings in accordance with 
Public Law 112-81.
    (15) The commanders shall also require that a completed DD Form 
2701, ``Initial Information for Victims and Witnesses of Crime,'' be 
distributed to the victim by DoD law enforcement agents. (DD Form 2701 
may be obtained via the Internet at http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2701.pdf.)
    (16) Establish procedures to require commanders to protect the SARC 
and SAPR VA from coercion, retaliation, and reprisals, related to the 
execution of their duties and responsibilities.
    (17) Establish procedures to protect victims of sexual assault from 
coercion, retaliation, and reprisal in accordance with DoDD 7050.06.\5\
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    (18) Establish Military Service-specific guidance to ensure 
collateral misconduct is addressed in a manner that is consistent and 
appropriate to the circumstances, and at a time that encourages 
continued victim cooperation.
    (19) Establish expedited transfer procedures of victims of sexual 
assault in accordance with Sec. Sec.  105.4(r) and 105.9 of this part.
    (20) Appoint a representative to the SAPR IPT in accordance with 
Sec.  105.7 of this part, and provide chairs or co-chairs for WIPTs, 
when requested. Appoint a representative to SAPRO oversight teams upon 
request.
    (21) Provide quarterly and annual reports of sexual assault 
involving Service members to Director, SAPRO, to be consolidated into 
the annual Secretary of Defense report to Congress in accordance with 
32 CFR part 103 and sections 113 and 4331 of title 10, U.S.C. (See 
Sec.  105.16 of this part for additional information about reporting 
requirements.)
    (22) Provide budget program and obligation data, as requested by 
the DoD SAPRO.
    (23) Require that reports of sexual assault be entered into DSAID 
through interface with a Military Service data system or by direct data 
entry by SARCs.
    (i) Data systems that interface with DSAID shall be modified and 
maintained to accurately provide information to DSAID.
    (ii) Only SARCs who have, at a minimum, a favorable NAC shall be 
permitted access to enter sexual assault reports into DSAID.
    (24) Provide Director, SAPRO, a written description of any sexual 
assault related research projects contemporaneous with commencing the 
actual research. When requested, provide periodic updates on results 
and insights. Upon conclusion of such research, a summary of the 
findings will be provided to DoD SAPRO as soon as practicable.

[[Page 21726]]

    (25) Establish procedures for supporting the DoD Safe Helpline in 
accordance with each Military Service-specific MOU or MOA between SAPRO 
and the Military Departments, to include but not limited to, providing 
and updating SARC contact information for the referral DoD Safe 
Helpline database, providing timely response to victim feedback, and 
publicizing the DoD Safe Helpline to SARCs and Service members.
    (i) Utilize the DoD Safe Helpline as the sole DoD hotline to 
provide crisis intervention, facilitate victim reporting through 
connection to the nearest SARC, and other resources as warranted.
    (ii) The DoD Safe Helpline does not replace local base and 
installation SARC or SAPR VA contact information.
    (26) Establish procedures to implement SAPR training in accordance 
with Sec.  105.14 of this part, to include both prevention and 
response.
    (27) Require that reports of sexual assaults are provided to the 
Commanders of the Combatant Commands for their respective area of 
responsibility on a quarterly basis, or as requested.
    (28) For CMGs:
    (i) Require the installation commander or the deputy installation 
commander chair the multi-disciplinary CMG (see Sec.  105.13 of this 
part) on a monthly basis to review individual cases of Unrestricted 
Reporting of sexual assault, facilitate monthly victim updates, direct 
system coordination, accountability, and victim access to quality 
services. This responsibility may not be delegated.
    (ii) Require that the installation SARC (in the case of multiple 
SARCs on an installation, then the Lead SARC) serve as the co-chair of 
the CMG. This responsibility may not be delegated.
    (iii) If the installation is a joint base or if the installation 
has tenant commands, the commander of the tenant organization and their 
designated Lead SARC shall be invited to the CMG meetings. The 
commander of the tenant organization shall provide appropriate 
information to the host commander, to enable the host commander to 
provide the necessary supporting services.
    (iv) The Secretaries of the Military Departments shall issue 
guidance to ensure that equivalent standards are met for case oversight 
by CMGs in situations where SARCs are not installation-based but 
instead work within operational and/or deployable organizations.
    (29) Establish document retention procedures for Unrestricted and 
Restricted Reports of sexual assault in accordance with Sec.  105.4(p) 
of this part.
    (30) When drafting MOUs or MOAs with local civilian medical 
facilities to provide DoD-reimbursable healthcare (to include 
psychological care) and forensic examinations for Service members and 
TRICARE eligible sexual assault victims, require commanders to include 
the following provisions:
    (i) Ask the victim whether he or she would like the SARC to be 
notified, and if yes, a SARC or SAPR VA shall respond.
    (ii) Local private or public sector providers shall have processes 
and procedures in place to assess that local community standards meet 
or exceed those set forth in the U.S. Department of Justice Protocol as 
a condition of the MOUs or MOAs.
    (31) Comply with collective bargaining obligations, if applicable.
    (32) Provide SAPR training and education for civilian employees of 
the military departments in accordance with Section 585 of Public Law 
112-81.
    (g) Chief, NGB. The Chief, NGB, shall on behalf of the Secretaries 
of the Army and Air Force, and in coordination with DoD SAPRO and the 
State Adjutants General, establish and implement SAPR policy and 
procedures for NG members on duty pursuant to title 32, U.S.C.
    (h) Chairman of the Joint Chiefs of Staff. The Chairman of the 
Joint Chiefs of Staff shall monitor implementation of this part and 32 
CFR part 103.
    (i) Commanders of the Combatant Commands. The Commanders of the 
Combatant Commands, through the Chairman of the Joint Chiefs of Staff 
and in coordination with the other Heads of the DoD Components, shall:
    (1) Require that a SAPR capability provided by the Executive Agent 
(see Sec.  105.3) is incorporated into operational planning guidance in 
accordance with 32 CFR part 103 and this part.
    (2) Require the establishment of an MOU, MOA, or equivalent support 
agreement with the Executive Agent in accordance with 32 CFR part 103 
and this part and requires at a minimum:
    (i) Coordinated efforts and resources, regardless of the location 
of the sexual assault, to direct optimal and safe administration of 
Unrestricted and Restricted Reporting options with appropriate 
protection, medical care, counseling, and advocacy.
    (A) Ensure a 24 hour per day, 7 day per week response capability. 
Require first responders to respond in a timely manner.
    (B) Response times shall be based on local conditions; however, 
sexual assault victims shall be treated as emergency cases.
    (ii) Notice to SARC of every incident of sexual assault on the 
military installation, so that a SARC or SAPR VA can respond and offer 
the victim SAPR services. In situations where a sexual assault victim 
receives medical care and a SAFE outside of a military installation 
through a MOU or MOA with a local private or public sector entities, as 
part of the MOU or MOA, victims shall be asked whether they would like 
the SARC to be notified, and if yes, the SARC or SAPR VA shall be 
notified and shall respond.

Sec.  105.6  Procedures.

    See Sec.  105.7 through Sec.  105.16 of this part.

Sec.  105.7  Oversight of the SAPR Program.

    (a) Director, SAPRO. The Director, SAPRO, under the authority, 
direction and control of the USD(P&R) through the Director, DoDHRA, 
shall serve as the single point of authority, accountability, and 
oversight for the DoD SAPR program. DoD SAPRO provides recommendations 
to the USD(P&R) on the issue of DoD sexual assault policy matters on 
prevention, response, oversight, standards, training, and program 
requirements. The Director, SAPRO shall:
    (1) Assist the USD(P&R) in developing, administering, and 
monitoring the effectiveness of DoD SAPR policies and programs. 
Implement and monitor compliance with DoD sexual assault policy on 
prevention and response.
    (2) With the USD(P&R), update the Deputy Secretary of Defense on 
SAPR policies and programs on a semi-annual schedule.
    (3) Develop DoD programs to direct SAPR education, training, and 
awareness for DoD personnel consistent with this part and 32 CFR part 
103.
    (4) Coordinate the management of DoD SAPR Program and oversee the 
implementation in the Service SAPR Programs.
    (5) Provide technical assistance to the Heads of the DoD Components 
in addressing matters concerning SAPR and facilitate the identification 
and resolution of issues and concerns common to the Military Services 
and joint commands.
    (6) Develop strategic program guidance, joint planning objectives, 
standard terminology, and identify legislative changes needed to 
advance the SAPR program.
    (7) Develop oversight metrics to measure compliance and 
effectiveness of SAPR training, sexual assault awareness, prevention, 
and response policies and programs; analyze data; and make 
recommendations regarding SAPR policies and programs to the

[[Page 21727]]

USD(P&R) and the Secretaries of the Military Departments.
    (8) Establish reporting categories and monitor specific goals 
included in the annual SAPR assessments of each Military Service and 
its respective Military Service Academy, as required by 32 CFR part 
103, sections 113 and 4331 of title 10, U.S.C., and in accordance with 
Sec.  105.16 of this part.
    (9) Acquire quarterly, annual, and installation-based SAPR data 
from the Military Services and assemble annual congressional reports 
involving persons covered by this part and 32 CFR part 103. Consult 
with and rely on the Secretaries of the Military Departments in 
questions concerning disposition results of sexual assault cases in 
their respective Military Department.
    (10) Prepare the annual fiscal year (FY) reports submitted by the 
Secretary of Defense to the Congress on the sexual assaults involving 
Service members and a report on the members of the Military Service 
Academies to Congress submitted by the Secretary of Defense.
    (11) Publicize SAPR outreach, awareness, prevention, response, and 
oversight initiatives and programs.
    (12) Oversee the development, implementation, maintenance, and 
function of the DSAID to meet congressional reporting requirements, 
support Military Service SAPR program management, and conduct DoD SAPRO 
oversight activities.
    (13) Establish, oversee, publicize and maintain the DoD Safe 
Helpline and facilitate victim reporting through its connection to the 
nearest SARC, and other resources as warranted.
    (14) Establish and oversee the D-SAACP to ensure all sexual assault 
victims are offered the assistance of a credentialed SARC or SAPR VA.
    (15) Annually review the Military Services resourcing and funding 
of the U.S. Army Criminal Investigation Laboratory (USACIL) in the area 
of sexual assault.
    (i) Assist the Department of the Army in identifying the funding 
and resources needed to operate USACIL, to facilitate forensic evidence 
being processed within 60 working days from day of receipt in 
accordance with section 113 of title 10, U.S.C.
    (ii) Encourage the Military Services that use USACIL to contribute 
to the operation of USACIL by ensuring that USACIL is funded and 
resourced appropriately to complete forensic evidence processing within 
60 working days.
    (16) Chair the SAPR IPT.
    (b) SAPR IPT. (1) Membership. The SAPR IPT shall include:
    (i) Director, SAPRO. The Director shall serve as the chair.
    (ii) Deputy Assistant Secretaries for Manpower and Reserve Affairs 
of the Departments of the Army and the Air Force.
    (iii) A senior representative of the Department of the Navy SAPRO.
    (iv) A G/FO or DoD SES civilian from: the Joint Staff, Manpower and 
Personnel (J-1); the Office of the Assistant Secretary of Defense for 
Reserve Affairs; the NGB; the Office of the GC, DoD; and the Office of 
the ASD(HA). Other DoD Components representatives shall be invited to 
specific SAPR IPT meetings when their expertise is needed to inform and 
resolve issues being addressed. A senior representative from the Coast 
Guard shall be an invited guest.
    (v) Consistent with Section 8(c) of Public Law 100-504, the IG DoD 
shall be authorized to send one or more observers to attend all SAPR 
IPT meetings in order to monitor and evaluate program performance.
    (2) Duties. The SAPR IPT shall:
    (i) Through the chair, advise the USD(P&R) and the Secretary of 
Defense on SAPR IPT meeting recommendations on policies for sexual 
assault issues involving persons covered by this part.
    (ii) Serve as the implementation and oversight arm of the DoD SAPR 
Program. Coordinate policy and review the DoD's SAPR policies and 
programs consistent with this part and 32 CFR part 103, as necessary. 
Monitor the progress of program elements.
    (iii) Meet every other month. Ad hoc meetings may be scheduled as 
necessary at the discretion of the chair. Members are selected and 
meetings scheduled according to the SAPR IPT Charter.
    (iv) Discuss and analyze broad SAPR issues that may generate 
targeted topics for WIPTs. WIPTs shall focus on one select issue, be 
governed by a charter with enumerated goals for which the details will 
be laid out in individual work plans (see Sec.  105.3), and be subject 
to a definitive timeline for the accomplishment of the stated goals. 
Issues that cannot be resolved by the SAPR IPT or that require higher 
level decision making shall be sent to the USD(P&R) for resolution.
    (3) Chair duties. The chair shall:
    (i) Advise the USD(P&R) and the Secretary of Defense on SAPR IPT 
recommendations on policies for sexual assault issues involving persons 
covered by this part.
    (ii) Represent the USD(P&R) in SAPR matters consistent with this 
part and 32 CFR part 103.
    (iii) Oversee discussions in the SAPR IPT that generate topics for 
WIPTs. Provide final approval for topics, charters, and timelines for 
WIPTs.

Sec.  105.8  Reporting options and Sexual Assault Reporting Procedures.

    (a) Reporting options. Service members and military dependents 18 
years and older who have been sexually assaulted have two reporting 
options: Unrestricted or Restricted Reporting. Unrestricted Reporting 
of sexual assault is favored by the DoD. However, Unrestricted 
Reporting may represent a barrier for victims to access services, when 
the victim desires no command or DoD law enforcement involvement. 
Consequently, the DoD recognizes a fundamental need to provide a 
confidential disclosure vehicle via the Restricted Reporting option. 
Regardless of whether the victim elects Restricted or Unrestricted 
Reporting, confidentiality of medical information shall be maintained 
in accordance with DoD 6025.18-R.\6\ DoD civilian employees and their 
family dependents and DoD contractors are only eligible for 
Unrestricted Reporting and for limited emergency care medical services 
at an MTF, unless that individual is otherwise eligible as a Service 
member or TRICARE beneficiary of the military health system to receive 
treatment in an MTF at no cost to them.
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    (1) Unrestricted Reporting. This reporting option triggers an 
investigation, command notification, and allows a person who has been 
sexually assaulted to access medical treatment and counseling. When a 
sexual assault is reported through Unrestricted Reporting, a SARC shall 
be notified, respond or direct a SAPR VA to respond, assign a SAPR VA, 
and offer the victim healthcare treatment and a SAFE. The completed DD 
Form 2701, which sets out victims' rights and points of contact, shall 
be distributed to the victim in Unrestricted Reporting cases by DoD law 
enforcement agents. If a victim elects this reporting option, a victim 
may not change from an Unrestricted to a Restricted Report.
    (2) Restricted Reporting. This reporting option does not trigger an 
investigation. The command is notified that ``an alleged sexual 
assault'' occurred, but is not given the victim's name or other 
personally identifying information. Restricted Reporting allows Service 
members and military dependents who are adult sexual assault victims to 
confidentially disclose the assault to specified individuals (SARC, 
SAPR VA, or healthcare personnel) and receive healthcare treatment and 
the

[[Page 21728]]

assignment of a SARC and SAPR VA. When a sexual assault is reported 
through Restricted Reporting, a SARC shall be notified, respond or 
direct a SAPR VA to respond, assign a SAPR VA, and offer the victim 
healthcare treatment and a SAFE. The Restricted Reporting option is 
only available to Service members and adult military dependents. 
Restricted Reporting may not remain an option in a jurisdiction that 
requires mandatory reporting, or if a victim first reports to a 
civilian facility or civilian authority, which will vary by state, 
territory, and oversees agreements. (See Sec.  105.8(a)(6).) If a 
victim elects this reporting option, a victim may change from 
Restricted Report to an Unrestricted Report.
    (i) Only the SARC, SAPR VA, and healthcare personnel are designated 
as authorized to accept a Restricted Report. Healthcare personnel, to 
include psychotherapist and other personnel listed in Military Rules of 
Evidence (MRE) 513 pursuant to the Manual for Courts-Martial, United 
States, who received a Restricted Report shall immediately call a SARC 
or SAPR VA to assure that a victim is offered SAPR services and so that 
a DD Form 2910 can be completed.
    (ii) A SAFE and the information contained in its accompanying Kit 
are provided the same confidentiality as is afforded victim statements 
under the Restricted Reporting option. See Sec.  105.12 of this part.
    (iii) In the course of otherwise privileged communications with a 
chaplain or legal assistance attorney, a victim may indicate that he or 
she wishes to file a Restricted Report. If this occurs, a chaplain and 
legal assistance attorney shall facilitate contact with a SARC or SAPR 
VA to ensure that a victim is offered SAPR services and so that a DD 
Form 2910 can be completed. A chaplain or legal assistance attorney 
cannot accept a Restricted Report.
    (iv) A victim has a privilege to refuse to disclose and to prevent 
any other person from disclosing a confidential communication between a 
victim and a victim advocate, in a case arising under the UCMJ, if such 
communication is made for the purpose of facilitating advice or 
supportive assistance to the victim.
    (v) A sexual assault victim certified under the personnel 
reliability program (PRP) is eligible for both the Restricted and 
Unrestricted reporting options. If electing Restricted Reporting, the 
victim is required to advise the competent medical authority of any 
factors that could have an adverse impact on the victim's performance, 
reliability, or safety while performing PRP duties. If necessary, the 
competent medical authority will inform the certifying official that 
the person in question should be temporarily suspended from PRP status, 
without revealing that the person is a victim of sexual assault, thus 
preserving the Restricted Report.
    (3) Non-participating victim (see Sec.  105.3). For victims 
choosing either Restricted or Unrestricted Reporting, the following 
guidelines apply:
    (i) Details regarding the incident will be limited to only those 
personnel who have an official need to know. The victim's decision to 
decline to participate in an investigation or prosecution should be 
honored by all personnel charged with the investigation and prosecution 
of sexual assault cases, including, but not limited to, commanders, DoD 
law enforcement officials, and personnel in the victim's chain of 
command. If at any time the victim who originally chose the 
Unrestricted Reporting option declines to participate in an 
investigation or prosecution, that decision should be honored in 
accordance with this subparagraph. However, the victim cannot change 
from an Unrestricted to a Restricted Report. The victim should be 
informed by the SARC or SAPR VA that the investigation may continue 
regardless of whether the victim participates.
    (ii) The victim's decision not to participate in an investigation 
or prosecution will not affect access to SARC and SAPR VA services or 
medical and psychological care. These services shall be made available 
to all eligible sexual assault victims.
    (iii) If a victim approaches a SARC and SAPR VA and begins to make 
a report, but then changes his or her mind and leaves without signing 
the DD Form 2910 (where the reporting option is selected), the SARC or 
SAPR VA is not under any obligation or duty to inform investigators or 
commanders about this report and will not produce the report or 
disclose the communications surrounding the report. If commanders or 
law enforcement ask about the report, disclosures can only be made in 
accordance with exceptions to MRE 514 privilege.
    (4) Disclosure of confidential communications. In cases where a 
victim elects Restricted Reporting, the SARC, SAPR VA, and healthcare 
personnel may not disclose confidential communications or the SAFE and 
the accompanying Kit to DoD law enforcement or command authorities, 
either within or outside the DoD, except as provided in this part. In 
certain situations, information about a sexual assault may come to the 
commander's or DoD law enforcement official's (to include MCIO's) 
attention from a source independent of the Restricted Reporting avenues 
and an independent investigation is initiated. In these cases, a SARC, 
SAPR VA, and healthcare personnel are prevented from disclosing 
confidential communications under Restricted Reporting, unless an 
exception applies. Improper disclosure of confidential communications 
or improper release of medical information are prohibited and may 
result in disciplinary action pursuant to the UCMJ or other adverse 
personnel or administrative actions.
    (5) Victim confiding in another person. In establishing the 
Restricted Reporting option, DoD recognizes that a victim may tell 
someone (e.g., roommate, friend, family member) that a sexual assault 
has occurred before considering whether to file a Restricted or 
Unrestricted Report.
    (i) A victim's communication with another person (e.g., roommate, 
friend, family member) does not, in and of itself, prevent the victim 
from later electing to make a Restricted Report. Restricted Reporting 
is confidential, not anonymous reporting. However, if the person to 
whom the victim confided the information (e.g., roommate, friend, 
family member) is in the victim's officer and non-commissioned officer 
chain of command or DoD law enforcement, there can be no Restricted 
Report.
    (ii) Communications between the victim and a person other than the 
SARC, SAPR VA, or healthcare personnel are not confidential and do not 
receive the protections of Restricted Reporting.
    (6) Independent investigations. Independent investigations are not 
initiated by the victim. If information about a sexual assault comes to 
a commander's attention from a source other than a victim who has 
elected Restricted Reporting or where no election has been made by the 
victim, that commander shall report the matter to an MCIO and an 
official (independent) investigation may be initiated based on that 
independently acquired information.
    (i) If there is an ongoing independent investigation, the sexual 
assault victim will no longer have the option of Restricted Reporting 
when:
    (A) DoD law enforcement informs the SARC of the investigation, and
    (B) The victim has not already elected Restricted Reporting.
    (ii) The timing of filing a Restricted Report is crucial. The 
victim must take advantage of the Restricted Reporting option before 
the SARC is informed of the investigation. The SARC then shall

[[Page 21729]]

inform the victim of an ongoing independent investigation of the sexual 
assault. If an independent investigation begins after the victim has 
formally elected Restricted Reporting, the independent investigation 
has no impact on the victim's Restricted Report and the victim's 
communications and SAFE Kit remain confidential, to the extent 
authorized by law.
    (7) Mandatory reporting laws and cases investigated by civilian law 
enforcement. Health care may be provided and SAFE Kits may be performed 
in a jurisdiction bound by State and local laws that require certain 
personnel (usually health care personnel) to report the sexual assault 
to civilian agencies or law enforcement. In some cases, civilian law 
enforcement may take jurisdiction of the sexual assault case, or the 
civilian jurisdiction may inform the military law enforcement or 
investigative community of a sexual assault that was reported to it. In 
such instances, it may not be possible for a victim to make a 
Restricted Report or it may not be possible to maintain the report as a 
Restricted Report. To the extent possible, DoD will honor the 
Restricted Report; however, sexual assault victims need to be aware 
that their Restricted Report is not guaranteed due to circumstances 
surrounding the independent investigation and requirements of 
individual state laws. In order to take advantage of the Restricted 
Reporting option the victim must file a Restricted Report BEFORE the 
SARC is informed of an ongoing independent investigation of the sexual 
assault.
    (b) Initiating medical care and treatment upon receipt of report. 
Healthcare personnel will initiate the emergency care and treatment of 
sexual assault victims and notify the SARC or the SAPR VA. See Sec.  
105.11 of this part. Upon receipt of a Restricted Report, only the SARC 
or the SAPR VA will be notified. There will be no report to DoD law 
enforcement, a supervisory official, or the victim's chain of command 
by the healthcare personnel, unless an exception to Restricted 
Reporting applies or applicable law requires other officials to be 
notified. Regardless of whether the victim elects Restricted or 
Unrestricted Reporting, confidentiality of medical information will be 
maintained in accordance with applicable laws and regulations.
    (c) Implementing DoD dual objectives. The DoD is committed to 
ensuring victims of sexual assault are protected; treated with dignity 
and respect; and provided support, advocacy, and care. The DoD supports 
effective command awareness and prevention programs. The DoD also 
strongly supports applicable DoD law enforcement and criminal justice 
procedures that enable persons to be held appropriately accountable for 
sexual assault offenses and criminal dispositions. To achieve the dual 
objectives of victim support and offender accountability, DoD 
preference is for complete Unrestricted Reporting of sexual assaults to 
allow for the provision of victims' services and to pursue 
accountability, as appropriate. However, Unrestricted Reporting may 
represent a barrier for victims to access services, when the victim 
desires no command or DoD law enforcement involvement. Consequently, 
the DoD recognizes a fundamental need to provide a confidential 
disclosure vehicle via the Restricted Reporting option. This section 
provides procedural guidance and considerations to implement the DoD 
dual objectives.
    (1) Restricted Reporting impact. Restricted Reporting will impact 
investigations and the ability of the offender's commander to hold the 
alleged offender accountable. However, such risks shall not outweigh 
the overall interest in providing a Restricted Reporting option to 
sexual assault victims.
    (2) Victim's perception of the military justice system. The DoD 
seeks increased reporting by victims of sexual assault. A system that 
is perceived as fair and treats victims with dignity and respect, and 
promotes privacy and confidentiality may have a positive impact in 
bringing victims forward to provide information about being assaulted. 
The Restricted Reporting option is intended to give victims additional 
time and increased control over the release and management of their 
personal information and empowers them to seek relevant information and 
support to make more informed decisions about participating in the 
criminal investigation. A victim who receives support, appropriate care 
and treatment, and is provided an opportunity to make an informed 
decision about a criminal investigation is more likely to develop 
increased trust that the victim's needs are of concern to the command. 
As a result, this trust may eventually lead the victim to decide to 
pursue an investigation and convert the Restricted Report to an 
Unrestricted Report.
    (d) Reports and commanders. (1) Unrestricted Reports to commanders. 
The SARC shall provide the installation commander of sexual assault 
victims with information regarding all Unrestricted Reports within 24 
hours of an Unrestricted Report of sexual assault. This notification 
may be extended by the commander to 48 hours after the Unrestricted 
Report of the incident when there are extenuating circumstances in 
deployed environments.
    (2) Restricted Reports to commanders. For the purposes of public 
safety and command responsibility, in the event of a Restricted Report, 
the SARC shall report non-PII concerning sexual assault incidents 
(without information that could reasonably lead to personal 
identification of the victim or the alleged assailant (see exception in 
Sec.  105.8(e)(2)(ii)) only to the installation commander within 24 
hours of the report. This notification may be extended by the commander 
to 48 hours after the Restricted Report of the incident when there are 
extenuating circumstances in deployed environments. The SARC's 
communications with victims are protected by the Restricted Reporting 
option and the MRE 514 (Executive Order 13593).
    (i) Even if the victim chooses not to pursue an investigation, 
Restricted Reporting gives the installation commander a clearer picture 
of the reported sexual assaults within the command. The installation 
commander can then use the information to enhance preventive measures, 
to enhance the education and training of the command's personnel, and 
to scrutinize more closely the organization's climate and culture for 
contributing factors.
    (ii) Neither the installation commander nor DoD law enforcement may 
use the information from a Restricted Report for investigative purposes 
or in a manner that is likely to discover, disclose, or reveal the 
identities of the victims unless an exception applies as provided in 
paragraph (e) of this section. Improper disclosure of Restricted 
Reporting information may result in discipline pursuant to the UCMJ or 
other adverse personnel or administrative actions.
    (e) Exceptions to Restricted Reporting and disclosures. (1) The 
SARC will evaluate the confidential information provided under the 
Restricted Report to determine whether an exception applies.
    (i) The SARC shall disclose the otherwise protected confidential 
information only after consultation with the SJA of the installation 
commander, supporting judge advocate or other legal advisor concerned, 
who shall advise the SARC whether an exception to Restricted Reporting 
applies. In addition, the SJA, supporting judge advocate or other legal 
advisor concerned will analyze the impact of MRE 514 on the 
communications.

[[Page 21730]]

    (ii) When there is uncertainty or disagreement on whether an 
exception to Restricted Reporting applies, the matter shall be brought 
to the attention of the installation commander for decision without 
identifying the victim (using non-PII information). Improper disclosure 
of confidential communications under Restricted Reporting, improper 
release of medical information, and other violations of this guidance 
are prohibited and may result in discipline pursuant to the UCMJ or 
State statute, loss of privileges, loss of certification or 
credentialing, or other adverse personnel or administrative actions.
    (2) The following exceptions to the prohibition against disclosures 
of Restricted Reporting authorize a disclosure of a Restricted Report 
only if one or more of the following conditions apply:
    (i) Authorized by the victim in writing.
    (ii) Necessary to prevent or mitigate a serious and imminent threat 
to the health or safety of the victim or another person; for example, 
multiple reports involving the same alleged suspect (repeat offender) 
could meet this criteria. See similar safety and security exceptions in 
MRE 514 (Executive Order 13593).
    (iii) Required for fitness for duty or disability determinations. 
This disclosure is limited to only the information necessary to process 
duty or disability determinations for Service members.
    (iv) Required for the supervision of coordination of direct victim 
treatment or services. The SARC, SAPR VA, or healthcare personnel can 
disclose specifically requested information to those individuals with 
an official need to know, or as required by law or regulation.
    (v) Ordered by a military official (e.g., a duly authorized trial 
counsel subpoena in a UCMJ case), Federal or State judge, or as 
required by a Federal or State statute or applicable U.S. international 
agreement. The SARC, SAPR VA, and healthcare personnel will consult 
with the installation commander's servicing legal office, in the same 
manner as other recipients of privileged information, to determine if 
the exception criteria apply and whether a duty to disclose the 
otherwise protected information is present. Until those determinations 
are made, only non-PII shall be disclosed.
    (3) Healthcare personnel may also convey to the victim's unit 
commander any possible adverse duty impact related to the victim's 
medical condition and prognosis in accordance with DoD Directive 
5400.11-R.\7\ However, such circumstances do not otherwise warrant a 
Restricted Reporting exception to policy. Therefore, the confidential 
communication related to the sexual assault may not be disclosed. 
Improper disclosure of confidential communications, improper release of 
medical information, and other violations of this part and 32 CFR part 
103 are prohibited and may result in discipline pursuant to the UCMJ or 
State statute, loss of privileges, or other adverse personnel or 
administrative actions.
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    (4) The SARC or SAPR VA shall inform the victim when a disclosure 
in accordance with the exceptions in this section is made.
    (5) If a SARC, SAPR VA, or healthcare personnel make an 
unauthorized disclosure of a confidential communication, that person is 
subject to disciplinary action. Unauthorized disclosure has no impact 
on the status of the Restricted Report. All Restricted Reporting 
information is still confidential and protected. However, unauthorized 
or inadvertent disclosures made to a commander or law enforcement shall 
result in notification to the MCIO.
    (f) Actionable rights. Restricted Reporting does not create any 
actionable rights for the victim or alleged offender or constitute a 
grant of immunity for any actionable conduct by the offender or the 
victim.

Sec.  105.9  Commander and management procedures.

    (a) SAPR Management. Commanders, supervisors, and managers at all 
levels are responsible for the effective implementation of the SAPR 
program and policy. Military and DoD civilian officials at each 
management level shall advocate a strong SAPR program and provide 
education and training that shall enable them to prevent and 
appropriately respond to incidents of sexual assault.
    (b) Installation commander SAPR response procedures. Each 
installation commander shall develop guidelines to establish a 24 hour, 
7 day per week sexual assault response capability for their locations, 
including deployed areas. For SARCs that operate within deployable 
commands that are not attached to an installation, senior commanders of 
the deployable commands shall ensure that equivalent SAPR standards are 
met.
    (c) Commander SAPR response procedures. Each Commander shall:
    (1) Encourage the use of the commander's sexual assault response 
protocols for Unrestricted Reports as the baseline for commander's 
response to the victim, an offender, and proper response of a sexual 
assault within a unit. The Commander's Sexual Assault Response 
Protocols for Unrestricted Reports of Sexual Assault are located in the 
SAPR Policy Toolkit, on www.sapr.mil. These protocols maybe expanded to 
meet Military Service-specific requirements and procedures.
    (2) Meet with the SARC within 30 days of taking command for one-on-
one SAPR training. The training shall include a trends brief for unit 
and area of responsibility and the confidentiality requirements in 
Restricted Reporting. The commander must contact the judge advocate for 
training on the MRE 514 privilege.
    (3) Require the SARC to:
    (i) Be notified of every incident of sexual assault involving 
Service members or persons covered in this part, in or outside of the 
military installation when reported to DoD personnel. When notified, 
the SARC or SAPR VA shall respond to offer the victim SAPR services. 
All SARCs shall be authorized to perform VA duties in accordance with 
service regulations, and will be acting in the performance of those 
duties.
    (A) In Restricted Reports, the SARC shall be notified by the 
healthcare personnel or the SAPR VA.
    (B) In Unrestricted Reports, the SARC shall be notified by the DoD 
responders (see Sec.  105.3).
    (ii) Provide the installation commander with information regarding 
an Unrestricted Report within 24 hours of an Unrestricted Report of 
sexual assault.
    (iii) Provide the installation commander with non-PII, as defined 
in Sec.  105.3, within 24 hours of a Restricted Report of sexual 
assault. This notification may be extended to 48 hours after the report 
of the incident if there are extenuating circumstances in the deployed 
environment. Command and installation demographics shall be taken into 
account when determining the information to be provided.
    (iv) Be supervised and evaluated by the installation commander or 
deputy installation commander in the performance of SAPR procedures in 
accordance with Sec.  105.10 of this part.
    (v) Receive SARC training to follow procedures in accordance with 
Sec.  105.10 of this part. Upon implementation of the D-SAACP, 
standardized criteria for the selection and training of SARCs and SAPR 
VAs shall comply with specific Military Service guidelines and

[[Page 21731]]

certification requirements, when implemented by SAPRO.
    (vi) Follow established procedures to store the DD Form 2910 
pursuant to Military Service regulations regarding the storage of 
documents with PII. (Copies may be obtained via the Internet at http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2910.pdf.) Follow 
established procedures to store the original DD Form 2910 and ensure 
that all Federal and Service privacy regulations are adhered to.
    (4) Evaluate medical personnel per Military Service regulation in 
the performance of SAPR procedures as described in Sec.  105.11 of this 
part.
    (5) Require adequate supplies of SAFE Kits be maintained by the 
active component. The supplies shall be routinely evaluated to 
guarantee adequate numbers to meet the need of sexual assault victims.
    (6) Require DoD law enforcement and healthcare personnel to comply 
with prescribed chain of custody procedures described in their Military 
Service-specific MCIO procedures. Modified procedures applicable in 
cases of Restricted Reports of sexual assault are explained in Sec.  
105.12 of this part.
    (7) Require that a CMG is conducted on a monthly basis in 
accordance with Sec.  105.13 of this part.
    (i) Chair or attend the CMG, as appropriate. Direct the required 
CMG members to attend.
    (ii) Commanders shall provide victims of a sexual assault who filed 
an Unrestricted Reports monthly updates regarding the current status of 
any ongoing investigative, medical, legal, or command proceedings 
regarding the sexual assault until the final disposition (see Sec.  
105.3) of the reported assault, and to the extent permitted pursuant to 
DoDI 1030.2, Public Law 104-191,\8\ and section 552a of title 5, U.S.C. 
This is a non-delegable commander duty. This update must occur within 
72 hours of the last CMG. Commanders of the NG victims who were 
sexually assaulted when the victim was on title 10 orders and filed 
unrestricted reports are required to update, to the extent allowed by 
law and regulations, the victim's home State title 32 commander as to 
all or any ongoing investigative, medical, and legal proceedings 
regarding the extent of any actions being taken by the active component 
against subjects who remain on title 10 orders.
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    (8) Ensure that resolution of Unrestricted Report sexual assault 
cases shall be expedited.
    (i) A unit commander who receives an Unrestricted Report of a 
sexual assault shall immediately refer the matter to the appropriate 
MCIO, to include any offense identified by title 10, U.S.C. A unit 
commander shall not conduct internal command directed investigations on 
sexual assault (i.e., no referrals to appointed command investigators 
or inquiry officers) or delay immediately contacting the MCIOs while 
attempting to assess the credibility of the report.
    (ii) The final disposition of a sexual assault shall immediately be 
reported by the commander to the assigned MCIO. Dispositions on cases 
referred by MCIOs to other DoD law enforcement agencies shall be 
immediately reported to the MCIOs upon their final disposition. MCIOs 
shall request dispositions on referred cases from civilian law 
enforcement agencies and, if received, those dispositions shall be 
immediately reported by the MCIO in DSAID in order to meet the 
congressional annual reporting requirements. When requested by MCIOs 
and other DoD law enforcement, commanders shall provide final 
disposition of sexual assault cases. Final case disposition is required 
to be inputted into DSAID.
    (iii) If the MCIO has been notified of the disposition in a 
civilian sexual assault case, the MCIO shall notify the commander of 
this disposition immediately.
    (9) Appoint a point of contact to serve as a formal liaison between 
the installation SARC and the installation FAP and domestic violence 
intervention and prevention staff (or civilian domestic resource if FAP 
is not available for a Reserve Component victim) to direct coordination 
when a sexual assault occurs within a domestic relationship or involves 
child abuse.
    (10) Ensure appropriate training of all military responders be 
directed and documented in accordance with training standards in Sec.  
105.14 of this part. Direct and document appropriate training of all 
military responders who attend the CMG.
    (11) Identify and maintain a liaison with civilian sexual assault 
victim resources. Where necessary, it is strongly recommended that an 
MOU or MOAs with the appropriate local authorities and civilian service 
organizations be established to maximize cooperation, reciprocal 
reporting of sexual assault information, and consultation regarding 
jurisdiction for the prosecution of Service members involved in sexual 
assault, as appropriate.
    (12) Require that each Service member who reports a sexual assault, 
pursuant to the respective Military Service regulations, be given the 
opportunity to consult with legal assistance counsel, and in cases 
where the victim may have been involved in collateral misconduct, to 
consult with defense counsel. Victims shall be referred to VWAP. 
Information concerning the prosecution shall be provided to victims in 
accordance with VWAP procedures in DoDD 7050.06. The Service member 
victim shall be informed of this opportunity to consult with legal 
assistance counsel as soon as the victim seeks assistance from a SARC, 
SAPR VA, or any DoD law enforcement agent or judge advocate.
    (13) Direct that DoD law enforcement agents and VWAP personnel 
provide victims of sexual assault who elect an Unrestricted Report the 
information outlined in DoDD 1030.01 \9\ and Public Law 100-504 \10\ 
throughout the investigative and legal process. The completed DD Form 
2701 shall be distributed to the victim in Unrestricted Reporting cases 
by DoD law enforcement agents.
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    (14) Require that MCIOs utilize the investigation descriptions 
found in Sec.  105.3 in this part.
    (15) Establish procedures to ensure that in the case of a general 
or special court-martial involving a sexual assault as defined in 32 
CFR part 103, a copy of the prepared record of the proceedings of the 
court-martial (not to include sealed materials, unless otherwise 
approved by the presiding military judge or appellate court) shall be 
given to the victim of the offense if the victim testified during the 
proceedings. The record of the proceedings (prepared in accordance with 
Service regulations shall be provided without charge and as soon as the 
record is authenticated. The victim shall be notified of the 
opportunity to receive the record of the proceedings in accordance with 
Public Law 112-81.
    (16) Protect sexual assault victims from coercion, discrimination, 
or reprisals. Commanders shall protect SARCs and SAPR VAs from 
coercion, discrimination, or reprisals related to the execution of 
their SAPR duties and responsibilities.
    (17) Require that sexual assault reports be entered into DSAID 
through interface with a Military Service data system, or by direct 
data entry by authorized personnel.
    (18) Designate an official, usually the SARC, to generate an alpha-
numeric

[[Page 21732]]

Restricted Reporting case number (RRCN).
    (19) Appoint a healthcare provider, as an official duty, in each 
MTF to be the resident point of contact concerning SAPR policy and 
sexual assault care.
    (c) MOUs or MOAs with local civilian authorities. The purpose of 
MOUs and MOAs is to:
    (1) Enhance communications and the sharing of information regarding 
sexual assault prosecutions, as well as of the sexual assault care and 
forensic examinations that involve Service members and eligible TRICARE 
beneficiaries covered by this part.
    (2) Collaborate with local community crisis counseling centers, as 
necessary, to augment or enhance their sexual assault programs.
    (3) Provide liaison with private or public sector sexual assault 
councils, as appropriate.
    (4) Provide information about medical and counseling services 
related to care for victims of sexual assault in the civilian 
community, when not otherwise available at the MTFs, in order that 
military victims may be offered the appropriate healthcare and civilian 
resources, where available and where covered by military healthcare 
benefits.
    (5) Where appropriate or required by MOU or MOA, facilitate 
training for civilian service providers about SAPR policy and the roles 
and responsibilities of the SARC and SAPR VA.
    (d) Line of Duty (LOD) procedures. (1) Members of the Reserve 
Components, whether they file a Restricted or Unrestricted Report, 
shall have access to medical treatment and counseling for injuries and 
illness incurred from a sexual assault inflicted upon a Service member 
when performing active service, as defined in section 101(d)(3) of 
title 10, U.S.C., and inactive duty training.
    (2) Medical entitlements remain dependent on a LOD determination as 
to whether or not the sexual assault incident occurred in an active 
duty or inactive duty training status. However, regardless of their 
duty status at the time that the sexual assault incident occurred, or 
at the time that they are seeking SAPR services (see Sec.  105.3), 
Reserve Component members can elect either the Restricted or 
Unrestricted Reporting option (see 32 CFR 103.3) and have access to the 
SAPR services of a SARC and a SAPR VA.
    (3) The following LOD procedures shall be followed by Reserve 
Component commanders.
    (i) LOD determinations may be made without the victim being 
identified to DoD law enforcement or command, solely for the purpose of 
enabling the victim to access medical care and psychological 
counseling, and without identifying injuries from sexual assault as the 
cause.
    (ii) When assessing LOD determinations for sexual assault victims, 
the commander of the Reserve command in each component and the 
directors of the Army and Air NGBs shall designate individuals within 
their respective organizations to process LODs for victims of sexual 
assault when performing active service, as defined in section 101(d)(3) 
of title 10, U.S.C., and inactive duty training.
    (A) Designated individuals shall possess the maturity and 
experience to assist in a sensitive situation and, if dealing with a 
Restricted Report, to safeguard confidential communications. These 
individuals are specifically authorized to receive confidential 
communications as defined by Sec.  105.3 of this part for the purpose 
of determining LOD status.
    (B) The appropriate SARC will brief the designated individuals on 
Restricted Reporting policies, exceptions to Restricted Reporting, and 
the limitations of disclosure of confidential communications as 
specified in Sec.  105.8(e) of this part. The SARC and these 
individuals may consult with their servicing legal office, in the same 
manner as other recipients of privileged information for assistance, 
exercising due care to protect confidential communications by 
disclosing only non-identifying information. Unauthorized disclosure 
may result in disciplinary action, in accordance with Sec.  105.8(d)(1) 
and (2) of this part.
    (iii) For LOD purposes, the victim's SARC may provide documentation 
that substantiates the victim's duty status as well as the filing of 
the Restricted Report to the designated official.
    (iv) If medical or mental healthcare is required beyond initial 
treatment and follow-up, a licensed medical or mental health provider 
must recommend a continued treatment plan.
    (v) When evaluating pay and entitlements, the modification of the 
LOD process for Restricted Reporting does not extend to pay and 
allowances or travel and transportation incident to the healthcare 
entitlement. However, at any time the Service member may request an 
unrestricted LOD to be completed in order to receive the full range of 
entitlements authorized pursuant to DoDI 1241.2.\11\
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    (e) Expedited victim transfer requests. (1) Any threat to life or 
safety of a Service member shall be immediately reported to command and 
DoD law enforcement authorities (see Sec.  105.3) and a request to 
transfer the victim under these circumstances will be handled in 
accordance with established Service regulations.
    (2) Service members who file an Unrestricted Report of sexual 
assault shall be informed by the SARC, SAPR VA, or the Service member's 
CO at the time of making the report, or as soon as practicable, of the 
option to request a temporary or permanent expedited transfer from 
their assigned command or installation, or to a different location 
within their assigned command or installation. The Service members 
shall initiate the transfer request and submit the request to their 
COs. The CO shall document the date and time the request is received.
    (i) A presumption shall be established in favor of transferring a 
Service member (who initiated the transfer request) following a 
credible report (see Sec.  105.3) of sexual assault. The CO, or the 
appropriate approving authority, shall make a credible report 
determination at the time the expedited request is made after 
considering the advice of the supporting judge advocate, or other legal 
advisor concerned, and the available evidence based on an MCIO's 
investigation's information (if available).
    (ii) Expedited transfers of Service members who report that they 
are victims of sexual assault shall be limited to sexual assault 
offenses reported in the form of an Unrestricted Report.
    (A) Sexual assault against adults is defined in 32 CFR part 103.3 
and includes Article 120 and Article 125 of the Manual for Courts-
Martial, United States. This part does not address victims covered 
under the FAP in DoDD 6400.1.
    (B) If the Service member files a Restricted Report in accordance 
with 32 CFR part 103 and requests an expedited transfer, the Service 
member must affirmatively change his or her reporting option to 
Unrestricted Reporting on the DD Form 2910, in order to be eligible for 
an expedited transfer.
    (iii) When the alleged perpetrator is the commander or otherwise in 
the victim's chain of command, the SARC shall inform such victims of 
the opportunity to go outside the chain of command to report the 
offense to MCIOs, other COs or an Inspector General. Victims shall be 
informed that they can also seek assistance from a legal assistance 
attorney or the DoD Safe Helpline.
    (iv) The CO shall expeditiously process a transfer request from a 
command or installation, or to a

[[Page 21733]]

different location within the command or installation. The CO shall 
request and take into consideration the Service member's input before 
making a decision involving a temporary or permanent transfer and the 
location of the transfer. If approved, the transfer orders shall also 
include the Service member's dependents or military spouse (as 
applicable).
    (v) The CO must approve or disapprove a Service member's request 
for a PCS, PCA, or unit transfer within 72 hours from receipt of the 
Service member's request. The decision to approve the request shall be 
immediately forwarded to the designated activity that processes PCS, 
PCA, or unit transfers (see Sec.  105.3).
    (vi) If the Service member's transfer request is disapproved by the 
CO, the Service member shall be given the opportunity to request review 
by the first G/FO in the chain of command of the member, or a SES 
equivalent (if applicable). The decision to approve or disapprove the 
request for transfer must be made within 72 hours of submission of the 
request for review. If a civilian SES equivalent reviewer approves the 
transfer, the Secretary of the Military Department concerned shall 
process and issue orders for the transfer.
    (vii) Military Departments shall make every reasonable effort to 
minimize disruption to the normal career progression of a Service 
member who reports that he or she is a victim of a sexual assault.
    (viii) Expedited transfer procedures require that a CO or the 
appropriate approving authority make a determination and provide his or 
her reasons and justification on the transfer of a Service member based 
on a credible report of sexual assault. A CO shall consider:
    (A) The Service member's reasons for the request.
    (B) Potential transfer of the alleged offender instead of the 
Service member requesting the transfer.
    (C) Nature and circumstances of the offense.
    (D) Whether a temporary transfer would meet the Service member's 
needs and the operational needs of the unit.
    (E) Training status of the Service member requesting the transfer.
    (F) Availability of positions within other units on the 
installation.
    (G) Status of the investigation and potential impact on the 
investigation and future disposition of the offense, after consultation 
with the investigating MCIOs.
    (H) Location of the alleged offender.
    (I) Alleged offender's status (Service member or civilian).
    (J) Other pertinent circumstances or facts.
    (ix) Service members requesting the transfer shall be informed that 
they may have to return for the prosecution of the case, if the 
determination is made that prosecution is the appropriate command 
action.
    (x) Commanders shall directly counsel the Service member to ensure 
that he or she is fully informed regarding:
    (A) Reasonably foreseeable career impacts.
    (B) The potential impact of the transfer or reassignment on the 
investigation and case disposition or the initiation of other adverse 
action against the alleged offender.
    (C) The effect on bonus recoupment (if, for example, they cannot 
work in their Air Force Specialty or Military Occupational Specialty).
    (D) Other possible consequences of granting the request.
    (xi) Require that expedited transfer procedures for Reserve 
Component, Army NG, and Air NG members who make Unrestricted Reports of 
sexual assault be established by commanders within available resources 
and authorities. If requested by the Service member, the command should 
allow for separate training on different weekends or times from the 
alleged offender or with a different unit in the home drilling location 
to ensure undue burden is not placed on the Service member and his or 
her family by the transfer. Potential transfer of the alleged offender 
instead of the Service member should also be considered. At a minimum, 
the alleged offender's access to the Service member who made the 
Unrestricted Report shall be controlled, as appropriate.
    (xii) Even in those court-martial cases in which the accused has 
been acquitted, the standard for approving an expedited transfer still 
remains whether a credible report has been filed. The commander shall 
consider all the facts and circumstances surrounding the case and the 
basis for the transfer request.
    (f) Military Protective Orders (MPO). In Unrestricted Reporting 
cases, commanders shall execute the following procedures regarding 
MPOs:
    (1) Require the SARC or the SAPR VA to inform sexual assault 
victims protected by an MPO, in a timely manner, of the option to 
request transfer from the assigned command in accordance with section 
567(c) of Public Law 111-84.
    (2) Notify the appropriate civilian authorities of the issuance of 
an MPO and of the individuals involved in the order, in the event an 
MPO has been issued against a Service member and any individual 
involved in the MPO does not reside on a military installation at any 
time during the duration of the MPO pursuant to Public Law 110-417.
    (i) An MPO issued by a military commander shall remain in effect 
until such time as the commander terminates the order or issues a 
replacement order.
    (ii) The issuing commander shall notify the appropriate civilian 
authorities of any change made in a protective order, or its 
termination, covered by chapter 80 of title 10, U.S.C., and the 
termination of the protective order.
    (iii) When an MPO has been issued against a Service member and any 
individual involved in the MPO does not reside on a military 
installation at any time during the duration of the MPO, notify the 
appropriate civilian authorities of the issuance of an MPO and of the 
individuals involved in the order. The appropriate civilian authorities 
shall include, at a minimum, the local civilian law enforcement agency 
or agencies with jurisdiction to respond to an emergency call from the 
residence of any individual involved in the order.
    (3) Advise the person seeking the MPO that the MPO is not 
enforceable by civilian authorities off base and that victims desiring 
protection off base should seek a civilian protective order (CPO). Off 
base violations of the MPO should be reported to the issuing commander, 
DoD law enforcement, and the relevant MCIO for investigation.
    (i) Pursuant to section 1561a of Public Law 107-311,\12\ a CPO 
shall have the same force and effect on a military installation as such 
order has within the jurisdiction of the court that issued such order. 
Commanders, MCIOs, and installation DoD law enforcement personnel shall 
take all reasonable measures necessary to ensure that a CPO is given 
full force and effect on all DoD installations within the jurisdiction 
of the court that issued such order.
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    (ii) If the victim has informed the SARC of an existing CPO, a 
commander shall require the SARC to inform the CMG of the existence of 
the CPO and its requirements. After the CPO information is received at 
the CMG, DoD law enforcement agents shall be required to document CPOs 
for all Service members in their investigative case file, to include 
documentation for Reserve Component personnel in title 10 status.

[[Page 21734]]

    (4) Note that MPOs in cases other than sexual assault matters may 
have separate requirements.
    (5) Issuing commanders are required to fill out the DD Form 2873, 
``Military Protective Order (MPO),'' and provide victims and alleged 
offenders with copies of the completed form. Verbal MPOs can be issued, 
but need to be subsequently documented with a DD Form 2873, as soon as 
possible.
    (6) Require DoD law enforcement agents document MPOs for all 
Service members in their investigative case file, to include 
documentation for Reserve Component personnel in title 10 status. The 
appropriate DoD law enforcement agent representative to the CMG shall 
brief the CMG chair and co-chair on the existence of an MPO.
    (7) If the commander's decision is to deny the MPO request, 
document the reasons for the denial. Denials of MPO requests go to the 
installation commander or equivalent command level (in consultation 
with a judge advocate) for the final decision.
    (g) Collateral misconduct in sexual assault cases. (1) Collateral 
misconduct by the victim of a sexual assault is one of the most 
significant barriers to reporting assault because of the victim's fear 
of punishment. Some reported sexual assaults involve circumstances 
where the victim may have engaged in some form of misconduct (e.g., 
underage drinking or other related alcohol offenses, adultery, 
fraternization, or other violations of certain regulations or orders). 
Commanders shall have discretion to defer action on alleged collateral 
misconduct by the sexual assault victims (and shall not be penalized 
for such a deferral decision), until final disposition of the sexual 
assault case, taking into account the trauma to the victim and 
responding appropriately so as to encourage reporting of sexual assault 
and continued victim cooperation, while also bearing in mind any 
potential speedy trial and statute of limitations concerns.
    (2) In accordance with Secretary of Defense Memorandum, the initial 
disposition authority is withheld from all commanders within the DoD 
who do not possess at least special court-martial convening authority 
and who are not in the grade of 0-6 (i.e., colonel or Navy captain) or 
higher, with respect to the alleged offenses of rape, sexual assault, 
forcible sodomy, and all attempts to commit such offenses, in violation 
of Articles 120, 125, and 80 of the Manual for Courts-Martial, United 
States. Commanders may defer taking action on a victim's alleged 
collateral misconduct arising from or that relates to the sexual 
assault incident until the initial disposition action for the sexual 
assault investigation is completed.
    (3) Commanders and supervisors should take appropriate action for 
the victim's alleged collateral misconduct (if warranted), responding 
appropriately in order to encourage sexual assault reporting and 
continued cooperation, while avoiding those actions that may further 
traumatize the victim. Ultimately, victim cooperation should 
significantly enhance timely and effective investigations, as well as 
the appropriate disposition of sexual assaults.
    (4) Subordinate commanders shall be advised that taking action on a 
victim's alleged collateral misconduct may be deferred until final 
disposition of the sexual assault case. The Military Departments shall 
establish procedures so that commanders and supervisors are not 
penalized for deferring collateral misconduct actions for the sexual 
assault victim until final disposition of the sexual assault case.
    (5) Commanders shall have the authority to determine, in a timely 
manner, how to best manage the disposition of alleged misconduct, to 
include making the decision to defer disciplinary actions regarding a 
victim's alleged collateral misconduct until after the final 
disposition of the sexual assault case, where appropriate. For those 
sexual assault cases for which the victim's alleged collateral 
misconduct is deferred, Military Service reporting and processing 
requirements should take such deferrals into consideration and allow 
for the time deferred to be subtracted, when evaluating whether a 
commander took too long to resolve the collateral misconduct.
    (h) Commander SAPR prevention procedures. Each commander shall 
implement a SAPR prevention program that:
    (1) Establishes a command climate of sexual assault prevention 
predicated on mutual respect and trust, recognizes and embraces 
diversity, and values the contributions of all its Service members.
    (2) Emphasizes that sexual assault is a crime and violates the core 
values of being a professional in the Military Services and ultimately 
destroys unit cohesion and the trust that is essential for mission 
readiness and success.
    (3) Emphasizes DoD and Military Service policies on sexual assault 
and the potential legal consequences for those who commit such crimes.
    (4) Monitors the organization's SAPR climate and responds with 
appropriate action toward any negative trends that may emerge.
    (5) Identifies and remedies environmental factors specific to the 
location that may facilitate the commission of sexual assaults (e.g., 
insufficient lighting).
    (6) Emphasizes sexual assault prevention training for all assigned 
personnel.
    (7) Establishes prevention training that focus on identifying the 
behavior of potential offenders.

Sec.  105.10  SARC and SAPR VA procedures.

    (a) SARC procedures. The SARC shall:
    (1) Serve as the single point of contact to coordinate sexual 
assault response when a sexual assault is reported. All SARCs shall be 
authorized to perform VA duties in accordance with Military Service 
regulations, and will be acting in the performance of those duties.
    (2) Upon implementation of the D-SAACP, comply with DoD Sexual 
Assault Advocate Certification requirements.
    (3) Be trained in and understand the confidentiality requirements 
of Restricted Reporting and MRE 514. Training must include exceptions 
to Restricted Reporting and MRE 514.
    (4) Assist the installation commander in ensuring that victims of 
sexual assault receive appropriate responsive care and understand their 
available reporting options (Restricted and Unrestricted) and available 
SAPR services.
    (5) Be authorized by this part to accept reports of sexual assault 
along with the SAPR VA and healthcare personnel.
    (6) Report directly to the installation commander in accordance 
with 32 CFR part 103, to include providing regular updates to the 
installation commander and assist the commander to meet annual SAPR 
training requirements, including providing orientation briefings for 
newly assigned personnel and, as appropriate, providing community 
education publicizing available SAPR services.
    (7) Provide a 24 hour, 7 day per week response capability to 
victims of sexual assault, to include deployed areas.
    (i) SARCs shall respond (see Sec.  105.3) to every Restricted and 
Unrestricted Report of sexual assault on a military installation and 
the response shall be in person, unless otherwise requested by the 
victim.
    (ii) Based on the locality, the SARC may ask the SAPR VA to respond 
and speak to the victim.
    (A) There will be situations where a sexual assault victim receives 
medical care and a SAFE outside of a military installation under a MOU 
or MOA with local private or public sector entities. In

[[Page 21735]]

these cases, pursuant to the MOU or MOA, victims shall be asked whether 
they would like the SARC to be notified, and, if so, the SARC or SAPR 
VA shall be notified, and a SARC or SAPR VA shall respond.
    (B) When contacted by the SARC or SAPR VA, a sexual assault victim 
can elect not to speak to the SARC or SAPR VA, or the sexual assault 
victim may ask to schedule an appointment at a later time to speak to 
the SARC or SAPR VA.
    (iii) SARCs shall provide a response that recognizes the high 
prevalence of pre-existing trauma (prior to the present sexual assault 
incident).
    (iv) SARCs shall provide a response that is gender-responsive, 
culturally-competent, and recovery-oriented.
    (v) SARCs shall offer appropriate referrals to sexual assault 
victims and facilitate access to referrals. Provide referrals at the 
request of the victim.
    (A) Encourage sexual assault victims to follow-up with the 
referrals and facilitate these referrals, as appropriate.
    (B) In order to competently facilitate referrals, inquire whether 
the victim is a Reservist or an NG member to ensure that victims are 
referred to the appropriate geographic location.
    (8) Explain to the victim that the services of the SARC and SAPR VA 
are optional and these services may be declined, in whole or in part, 
at any time. The victim may decline advocacy services, even if the SARC 
or SAPR VA holds a position of higher rank or authority than the 
victim. Explain to victims the option of requesting a different SAPR VA 
(subject to availability, depending on locality staffing) or continuing 
without SAPR VA services.
    (i) Explain the available reporting options to the victim.
    (A) Have the victim fill out the DD Form 2910 where the victim 
elects to make a Restricted or Unrestricted Report.
    (B) Inform the victim that the DD Form 2910 will be uploaded to 
DSAID and maintained for 50 years in Unrestricted Reports and retained 
in hard copy for 5 years in Restricted Reports, for the purpose of 
providing the victim access to document their sexual assault 
victimization with the Department of Veterans Affairs for care and 
benefits. However, at the request of a member of the Armed Forces who 
files a Restricted Report on an incident of sexual assault, the DD 
Forms 2910 and 2911 filed in connection with the Restricted Report be 
retained for 50 years.
    (C) The SARC or SAPR VA shall tell the victim of any local or State 
sexual assault reporting requirements that may limit the possibility of 
Restricted Reporting. At the same time, the victims shall be briefed of 
the protections and exceptions to MRE 514.
    (ii) Give the victim a hard copy of the DD Form 2910 with the 
victim's signature.
    (A) Advise the victim to keep the copy of the DD Form 2910 in their 
personal permanent records as this form may be used by the victim in 
other matters before other agencies (e.g., Department of Veterans 
Affairs) or for any other lawful purpose.
    (B) Store the original DD Form 2910 pursuant to secure storage 
Military Service regulations and privacy laws. A SARC being reassigned 
shall be required to assure their supervisor of the secure transfer of 
stored DD Forms 2910 to the next SARC. In the event of transitioning 
SARCs, the departing SARC shall inform their supervisor of the secure 
storage location of the DD Forms 2910, and the SARC supervisor will 
ensure the safe transfer of the DD Forms 2910.
    (iii) Explain SAFE confidentiality to victims and the 
confidentiality of the contents of the SAFE Kit.
    (iv) Explain the implications of a victim confiding in another 
person resulting in a third-party report to command or DoD law 
enforcement (Sec.  105.8 of this part).
    (v) Provide the installation commander with information regarding 
an Unrestricted Report within 24 hours of an Unrestricted Report of 
sexual assault. This notification may be extended to 48 hours after the 
Unrestricted Report of the incident if there are extenuating 
circumstances in the deployed environments.
    (vi) Provide the installation commander with non-PII within 24 
hours of a Restricted Report of sexual assault. This notification may 
be extended to 48 hours after the Restricted Report of the incident if 
there are extenuating circumstances in a deployed environment. Command 
and installation demographics shall be taken into account when 
determining the information to be provided.
    (vii) Exercise oversight responsibility for SAPR VAs authorized to 
respond to sexual assaults when they are providing victim advocacy 
services.
    (viii) Perform victim advocacy duties, as needed. DoD recognizes 
the SARC's authority to perform duties as SAPR VAs, even though the 
SARC may not be designated in writing as a SAPR VA pursuant to Military 
Service regulation.
    (ix) Inform the victim that pursuant to their Military Service 
regulations, each Service member who reports having been sexually 
assaulted shall be given the opportunity to consult with legal 
assistance counsel, and in cases where the victim may have been 
involved in collateral misconduct, to consult with defense counsel.
    (A) Inform the victim that information concerning the prosecution 
shall be provided to them in accordance with DoDI 1030.2.
    (B) The Service member victim shall be informed of the opportunity 
to consult with legal assistance counsel as soon as the victim seeks 
assistance from a SARC or SAPR VA.
    (x) Facilitate education of command personnel on sexual assault and 
victim advocacy services.
    (xi) Facilitate briefings on victim advocacy services to Service 
members, military dependents, DoD civilian employees (OCONUS), DoD 
contractors (accompanying the Military Services in contingency 
operations OCONUS), and other command or installation personnel, as 
appropriate.
    (xii) Facilitate Annual SAPR training.
    (xiii) Facilitate the development and collaboration of SAPR public 
awareness campaigns for victims of sexual assault, including planning 
local events for Sexual Assault Awareness Month. Publicize the DoD Safe 
Helpline on all outreach materials.
    (xiv) Coordinate medical and counseling services between military 
installations and deployed units related to care for victims of sexual 
assault.
    (xv) Conduct an ongoing assessment of the consistency and 
effectiveness of the SAPR program within the assigned area of 
responsibility.
    (xvi) Collaborate with other agencies and activities to improve 
SAPR responses to and support of victims of sexual assault.
    (xvii) Maintain liaison with commanders, DoD law enforcement, and 
MCIOs, and civilian authorities, as appropriate, for the purpose of 
facilitating the following protocols and procedures to:
    (A) Activate victim advocacy 24 hours a day, 7 days a week for all 
incidents of reported sexual assault occurring either on or off the 
installation involving Service members and other persons covered by 
this part.
    (B) Collaborate on public safety, awareness, and prevention 
measures.
    (C) Facilitate ongoing training of DoD and civilian law enforcement 
and criminal investigative personnel on the SAPR policy and program and 
the roles and responsibilities of the SARC and SAPR VAs.
    (xviii) Consult with command legal representatives, healthcare 
personnel, and MCIOs, (or when feasible, civilian law enforcement), to 
assess the potential impact of State laws governing the

[[Page 21736]]

reporting requirements for adult sexual assault that may affect 
compliance with the Restricted Reporting option and develop or revise 
applicable MOUs and MOAs, as appropriate.
    (xix) Collaborate with MTFs within their respective areas of 
responsibility to establish protocols and procedures to direct 
notification of the SARC and SAPR VA for all incidents of reported 
sexual assault, and facilitate ongoing training of healthcare personnel 
on the roles and responsibilities of the SARC and SAPR VAs.
    (xx) Collaborate with local private or public sector entities that 
provide medical care Service members or TRICARE eligible beneficiaries 
who are for sexual assault victims and a SAFE outside of a military 
installation through an MOU or MOA.
    (A) Establish protocols and procedures with these local private or 
public sector entities to facilitate direct notification of the SARC 
for all incidents of reported sexual assault and facilitate training of 
healthcare personnel of local private or public sector entities on the 
roles and responsibilities of SARCs and SAPR VAs, for Service members 
and persons covered by this policy.
    (B) Provide off installation referrals to the sexual assault 
victims, as needed.
    (xxi) When a victim has a temporary or PCS or is deployed, request 
victim consent to transfer case management documents and upon receipt 
of victim consent, expeditiously transfer case management documents to 
ensure continuity of care and SAPR services. If the SARC has already 
closed the case and terminated victim contact, no other action is 
needed.
    (xxii) Document and track the services referred to and requested by 
the victim from the time of the initial report of a sexual assault 
through the final case disposition or until the victim no longer 
desires services.
    (A) Enter information into DSAID or Military Service DSAID-
interface within 48 hours of the report of sexual assault. In deployed 
locations that have internet connectivity issues, the time frame is 
extended to 96 hours.
    (B) Maintain in DSAID, or the DSAID-interfaced Military Service 
data system, an account of the services referred to and requested by 
the victim for all reported sexual assault incidents, from medical 
treatment through counseling, and from the time of the initial report 
of a sexual assault through the final case disposition or until the 
victim no longer desires services.
    (xxiii) Provide information to assist installation commanders to 
manage trends and characteristics of sexual assault crimes at the 
Military Service-level and mitigate the risk factors that may be 
present within the associated environment (e.g., the necessity for 
better lighting in the showers or latrines and in the surrounding 
area).
    (xxiv) Participate in the CMG to review individual cases of 
Unrestricted Reports of sexual assault.
    (A) The installation SARC, shall serve as the co-chair of the CMG. 
This responsibility is not delegable. If an installation has multiple 
SARCs on the installation, a Lead SARC shall be designated by the 
Service concerned, and shall serve as the co-chair.
    (B) Other SARCs and SAPR VAs shall actively participate in each CMG 
meeting by presenting oral updates on their assigned sexual assault 
victim cases, providing recommendations and, if needed, seeking 
assistance from the chair or victim's commander.
    (xxv) Familiarize the unit commanders and supervisors of SAPR VAs 
with the SAPR VA roles and responsibilities, using the DD Form 2909, 
``Victim Advocate Supervisor Statement of Understanding.'' DD Form 2909 
is available via the Internet at http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2909.pdf.
    (b) SAPR VA procedures. (1) The SAPR VA shall:
    (i) Upon implementation of the D-SAACP, comply with DoD Sexual 
Assault Advocate Certification requirements.
    (ii) Be trained in and understand the confidentiality requirements 
of Restricted Reporting and MRE 514. Training must include exceptions 
to Restricted Reporting and MRE 514.
    (iii) Facilitate care and provide referrals and non-clinical 
support to the adult victim of a sexual assault.
    (A) Support will include providing information on available options 
and resources so the victim can make informed decisions about his or 
her case.
    (B) The SAPR VA will be directly accountable to the SARC in adult 
sexual assault cases (not under the FAP jurisdiction) and shall provide 
victim advocacy for adult victims of sexual assault.
    (iv) Acknowledge their understanding of their advocacy roles and 
responsibilities using DD Form 2909.
    (2) At the Military Service's discretion, victim advocacy may be 
provided by a Service member or DoD civilian employee. Personnel 
responsible for providing victim advocacy shall:
    (i) Be notified and immediately respond upon receipt of a report of 
sexual assault.
    (ii) Provide coordination and encourage victim service referrals 
and ongoing, non-clinical support to the victim of a reported sexual 
assault and facilitate care in accordance with the Sexual Assault 
Response Protocols prescribed SAPR Policy Toolkit located on 
www.sapr.mil. Assist the victim in navigating those processes required 
to obtain care and services needed. It is neither the SAPR VA's role 
nor responsibility to be the victim's mental health provider or to act 
as an investigator.
    (iii) Report directly to the SARC while carrying out sexual assault 
advocacy responsibilities.

Sec.  105.11  Healthcare provider procedures.

    This section provides guidance on medical management of victims of 
sexual assault to ensure standardized, timely, accessible, and 
comprehensive healthcare for victims of sexual assault, to include the 
ability to elect a SAFE Kit. This policy is applicable to all MHS 
personnel who provide or coordinate medical care for victims of sexual 
assault covered by this part.
    (a) Standardized medical care. To ensure standardized healthcare, 
the Surgeons General of the Military Departments shall:
    (1) Require the recommendations for conducting forensic exams of 
adult sexual assault victims in the U.S. Department of Justice Protocol 
be used to establish minimum standards for healthcare intervention for 
victims of sexual assault. Training for military sexual assault medical 
examiners and healthcare providers shall be provided to maintain 
optimal readiness.
    (2) Require that MTFs that provide SAFEs for Service members or 
TRICARE eligible beneficiaries through an MOU or MOA with private or 
public sector entities verify initially and periodically that those 
entities meet or exceed standards of the recommendations for conducting 
forensic exams of adult sexual victims in the U.S. Department of 
Justice Protocol. In addition, verify that as part of the MOU or MOA, 
victims are be asked whether they would like the SARC to be notified, 
and if notified, that a SARC or SAPR VA actually responds.
    (3) Require that medical providers providing healthcare to victims 
of sexual assault in remote areas or while deployed have access to the 
current version of the U.S. Department of Justice Protocol for 
conducting forensic exams.
    (4) Implement procedures to provide the victim information 
regarding the availability of a SAFE Kit, which the victim has the 
option of refusing. If performed in the MTF, the healthcare provider 
shall use a SAFE Kit and the

[[Page 21737]]

most current edition of the DD Form 2911.
    (5) Require that the SARC be notified of all incidents of sexual 
assault in accordance with sexual assault reporting procedures in Sec.  
105.8 of this part.
    (i) Require processes be established to support coordination 
between healthcare personnel and the SARC.
    (ii) If a victim initially seeks assistance at a medical facility, 
SARC notification must not delay emergency care treatment of a victim.
    (6) Require that care provided to sexual assault victims shall be 
gender-responsive, culturally competent, and recovery-oriented. 
Healthcare providers giving medical care to sexual assault victims 
shall recognize the high prevalence of pre-existing trauma (prior to 
present sexual assault incident) and the concept of trauma-informed 
care.
    (7) If the healthcare provider is not appropriately trained to 
conduct a SAFE Kit, require that he or she arrange for a properly 
trained DoD healthcare provider to do so, if available.
    (i) In the absence of a properly trained DoD healthcare provider, 
the victim shall be offered the option to be transported to a non-DoD 
healthcare provider for the SAFE Kit, if the victim wants a forensic 
exam. Victims who are not beneficiaries of the MHS shall be advised 
that they can obtain a SAFE Kit through a local civilian healthcare 
provider.
    (ii) When a SAFE Kit is performed at local civilian medical 
facilities, those facilities are bound by State and local laws, which 
may require reporting the sexual assault to civilian law enforcement.
    (iii) If the victim requests to file a report of sexual assault, 
the healthcare personnel, to include psychotherapists and other 
personnel listed in MRE 513 (Executive Order 13593), shall immediately 
call a SARC or SAPR VA, to assure that a victim is offered SAPR 
services and so that a DD Form 2910 can be completed.
    (8) Require that SAFE Kit evidence collection procedures are the 
same for a Restricted and an Unrestricted Report of sexual assault.
    (i) Upon completion of the SAFE Kit and securing of the evidence, 
the healthcare provider will turn over the material to the appropriate 
Military Service-designated law enforcement agency or MCIO as 
determined by the selected reporting option.
    (ii) Upon completion of the SAFE Kit, the sexual assault victim 
shall be provided with a hard copy of the completed DD Form 2911. 
Advise the victim to keep the copy of the DD Form 2911 in their 
personal permanent records as this form may be used by the victim in 
other matters before other agencies (e.g., Department of Veterans 
Affairs) or for any other lawful purpose.
    (9) Publicize availability of medical treatment (to include 
behavioral health), and referral services for alleged offenders who are 
also active duty Service members.
    (10) Require the healthcare provider in the course of, preparing a 
SAFE Kit for Restricted Reports of sexual assault:
    (i) Contact the designated installation official, usually the SARC, 
who shall generate an alpha-numeric RRCN, unique to each incident. The 
RRCN shall be used in lieu of PII to label and identify evidence 
collected from a SAFE Kit (e.g., accompanying documentation, personal 
effects, and clothing). The SARC shall provide (or the SARC will 
designate the SAPR VA to provide) the healthcare provider with the RRCN 
to use in place of PII.
    (ii) Upon completion of the SAFE Kit, package, seal, and completely 
label of the evidence container(s) with the RRCN and notify the 
Military Service designated law enforcement agency or MCIO.
    (11) Require that healthcare personnel must maintain the 
confidentiality of a Restricted Report to include communications with 
the victim, the SAFE, and the contents of the SAFE Kit, unless an 
exception to Restricted reporting applies. Healthcare personnel who 
make an unauthorized disclosure of a confidential communication are 
subject to disciplinary action and that unauthorized disclosure has no 
impact on the status of the Restricted Report; all Restricted Reporting 
information remains confidential and protected. Improper disclosure of 
confidential communications under Restricted Reporting, improper 
release of medical information, and other violations of this guidance 
are prohibited and may result in discipline pursuant to the UCMJ or 
State statute, loss of privileges, or other adverse personnel or 
administrative actions.
    (b) Timely medical care. To comply with the requirement to provide 
timely medical care, the Surgeons General of the Military Departments 
shall:
    (1) Implement processes or procedures giving victims of sexual 
assault priority as emergency cases.
    (2) Provide sexual assault victims with priority treatment as 
emergency cases, regardless of evidence of physical injury, recognizing 
that every minute a patient spends waiting to be examined may cause 
loss of evidence and undue trauma. Priority treatment as emergency 
cases includes activities relating to access to healthcare, coding, and 
medical transfer or evacuation, and complete physical assessment, 
examination, and treatment of injuries, including immediate emergency 
interventions.
    (c) Comprehensive medical care. To comply with the requirement to 
provide comprehensive medical care, the Surgeons General of the 
Military Departments shall:
    (1) Establish processes and procedures to coordinate timely access 
to emergency, follow-up, and specialty care that may be provided in the 
direct or civilian purchased care sectors for eligible beneficiaries of 
the Military Health System.
    (2) Evaluate and implement, to the extent feasible, processes 
linking the medical management of the sexually assaulted patient to the 
primary care manager. To locate his or her primary care manager, a 
beneficiary may go to beneficiary web enrollment at https://www.hnfs.com/content/hnfs/home/tn/bene/res/faqs/beneficiary/enrollment_eligibility/who_pcm.html.
    (d) Clinically stable. Require the healthcare provider to consult 
with the victim, once clinically stable, regarding further healthcare 
options to the extent eligible, which shall include, but are not 
limited to:
    (1) Testing, prophylactic treatment options, and follow-up care for 
possible exposure to human immunodeficiency virus (HIV) and other 
sexually transmitted diseases or infections (STD/I).
    (2) Assessment of the risk of pregnancy, options for emergency 
contraception, and any necessary follow-up care and referral services.
    (3) Assessment of the need for behavioral health services and 
provisions for a referral, if necessary or requested by the victim.
    (e) Other responsibilities. (1) The Surgeons General of the 
Military Departments shall:
    (i) Identify a primary office to represent their Department in 
Military Service coordination of issues pertaining to medical 
management of victims of sexual assault.
    (ii) Assign a healthcare provider at each MTF as the primary point 
of contact concerning DoD and Military Service SAPR policy and for 
updates in sexual assault care.
    (2) The Combatant Commanders shall:
    (i) Require that victims of sexual assault in deployed locations 
within their area of responsibility are transported to an appropriate 
evaluation site, evaluated, treated for injuries (if any), and offered 
SAPR VA assistance and a SAFE as quickly as possible.

[[Page 21738]]

    (ii) Require that U.S. theater hospital facilities (Level 3, North 
Atlantic Treaty Organization role 3) (see Sec.  105.3) have appropriate 
capability to provide experienced and trained SARC and SAPR VA 
services, SAFE providers, and those victims of sexual assault, 
regardless of reporting status, are medically evacuated to such 
facilities as soon as possible (within operational needs) of making a 
report, consistent with operational needs.

Sec.  105.12  SAFE Kit collection and preservation.

    For the purposes of the SAPR Program, forensic evidence collection 
and document and evidence retention shall be completed in accordance 
with this section pursuant to 32 CFR part 103, taking into account the 
medical condition, needs, requests, and desires of each sexual assault 
victim covered by this part.
    (a) Medical services offered to eligible victims of sexual assault 
include the ability to elect a SAFE Kit in addition to the general 
medical management related to sexual assault response, to include 
mental healthcare. The SAFE of a sexual assault victim should be 
conducted by a healthcare provider who has specialized education and 
clinical experience in the collection of forensic evidence and 
treatment of these victims. The forensic component includes gathering 
information in DD Form 2911 from the victim for the medical forensic 
history, an examination, documentation of biological and physical 
findings, collection of evidence from the victim, and follow-up as 
needed to document additional evidence.
    (b) The process for collecting and preserving sexual assault 
evidence for the Restricted Reporting option is the same as the 
Unrestricted Reporting option, except that the Restricted Reporting 
option does not trigger the official investigative process, and any 
evidence collected has to be placed inside the SAFE Kit, which is 
marked with the RRCN in the location where the victim's name would have 
otherwise been written. The victim's SAFE and accompanying Kit is 
treated as a confidential communication under this reporting option. 
The healthcare provider shall encourage the victim to obtain referrals 
for additional medical, psychological, chaplain, victim advocacy, or 
other SAPR services, as needed. The victim shall be informed that the 
SARC will assist them in accessing SAPR services.
    (c) In situations where installations do not have a SAFE 
capability, the installation commander will require that the eligible 
victim, who wishes to have a SAFE, be transported to a MTF or local 
off-base, non-military facility that has a SAFE capability. A local 
sexual assault nurse examiner or other healthcare providers who are 
trained and credentialed to perform a SAFE may also be contracted to 
report to the MTF to conduct the examination.
    (d) The SARC or SAPR VA shall tell the victim of any local or State 
sexual assault reporting requirements that may limit the possibility of 
Restricted Reporting before proceeding with the SAFE.
    (e) Upon completion of the SAFE in an Unrestricted Reporting case, 
the healthcare provider shall package, seal, and label the evidence 
container(s) with the victim's name and notify the Military Service 
designated law enforcement agency or MCIO.
    (1) The DoD law enforcement or MCIO representative shall be trained 
and capable of collecting and preserving evidence to assume custody of 
the evidence using established chain of custody procedures, consistent 
with the guidelines published under the authority and oversight of the 
IG, DoD.
    (2) MOUs and MOAs, with off-base, non-military facilities for the 
purposes of providing medical care to eligible victims of sexual 
assault covered under this part, shall include instructions for the 
notification of a SARC (regardless of whether a Restricted or 
Unrestricted Report of sexual assault is involved), and procedures of 
the receipt of evidence and disposition of evidence back to the DoD law 
enforcement agency or MCIO.
    (f) Upon completion of the SAFE in a Restricted Reporting case, the 
healthcare provider shall package, seal, and label the evidence 
container(s) with the RRCN and store in accordance with Service 
regulations.
    (1) The DoD law enforcement or MCIO representative shall be trained 
and capable of collecting and preserving evidence to assume custody of 
the evidence using established chain of custody procedures, consistent 
with the guidelines published under the authority and oversight of the 
IG, DoD. MOUs and MOAs, with off-base, non-military facilities for the 
purpose of to providing medical care to eligible victims of sexual 
assault covered under this part, shall include instructions for the 
notification of a SARC (regardless of whether a Restricted or 
Unrestricted Report of sexual assault is involved), procedures for the 
receipt of evidence, how to request an RRCN, instructions on where to 
write the RRCN on the SAFE Kit, and disposition of evidence back to the 
DoD law enforcement agency or MCIO.
    (2) Any evidence and the SAFE Kit in Restricted Reporting cases (to 
include the DD Form 2911) shall be stored for 5 years from the date of 
the victim's Restricted Report of the sexual assault, thus allowing 
victims additional time to accommodate, for example, multiple 
deployments or deployments exceeding 12 months.
    (i) The SARC will contact the victim at the 1-year mark of the 
report to inquire whether the victim wishes to change their reporting 
option to Unrestricted.
    (A) If the victim does not change to Unrestricted Reporting, the 
SARC will explain to the victim that the SAFE Kit, DD Form 2911, and 
the DD Form 2910 will be retained for a total of 5 years from the time 
the victim signed the DD Form 2910 (electing the Restricted Report) and 
will then be destroyed. (However, at the request of a member of the 
Armed Forces who files a Restricted Report on an incident of sexual 
assault, the Department of Defense Forms 2910 and 2911 filed in 
connection with the Restricted Report be retained for 50 years.) The 
SARC will emphasize to the victim that his or her privacy will be 
respected and he or she will not be contacted again by the SARC. The 
SARC will stress it is the victim's responsibility from that point 
forward, if the victim wishes to change from a Restricted to an 
Unrestricted Report, to affirmatively contact a SARC before the 5-year 
retention period elapses.
    (B) The victim will be advised again to keep a copy of the DD Form 
2910 and the DD Form 2911 in his or her personal permanent records as 
these forms may be used by the victim in other matters with other 
agencies (e.g., Department of Veterans Affairs) or for any other lawful 
purpose.
    (C) If the victim needs another copy of either of these forms, he 
or she can request it at this point and the SARC shall assist the 
victim in accessing the requested copies within 7 business days. The 
SARC will document this request in the DD Form 2910.
    (ii) At least 30 days before the expiration of the 5-year storage 
period, the DoD law enforcement or MCIO shall notify the installation 
SARC that the storage period is about to expire and confirm with the 
SARC that the victim has not made a request to change to Unrestricted 
Reporting or made a request for any personal effects.
    (A) If there has been no change, then at the expiration of the 
storage period in compliance with established procedures for the 
destruction of evidence, the designated activity, generally the DoD law 
enforcement agency or MCIO, may

[[Page 21739]]

destroy the evidence maintained under that victim's RRCN.
    (B) If, before the expiration of the 5-year storage period, a 
victim changes his or her reporting preference to the Unrestricted 
Reporting option, the SARC shall notify the respective MCIO, which 
shall then assume custody of the evidence maintained by the RRCN from 
the DoD law enforcement agency or MCIO, pursuant to established chain 
of custody procedures. MCIO established procedures for documenting, 
maintaining, and storing the evidence shall thereafter be followed.
    (1) The DoD law enforcement agency or MCIO, which will receive 
forensic evidence from the healthcare provider if not already in 
custody, and label and store such evidence shall be designated.
    (2) The designated DoD law enforcement agency or MCIO 
representative must be trained and capable of collecting and preserving 
evidence in Restricted Reports prior to assuming custody of the 
evidence using established chain of custody procedures.
    (iii) Evidence will be stored by the DoD law enforcement agency or 
MCIO until the 5-year storage period for Restricted Reporting is 
reached or a victim changes to Unrestricted Reporting.

Sec.  105.13  Case management for Unrestricted Reports of sexual 
assault.

    (a) General. (1) The installation commander or the deputy 
installation commander shall chair the CMG on a monthly basis to review 
individual cases, facilitate monthly victim updates, and direct system 
coordination, accountability, entry of disposition and victim access to 
quality services. This responsibility may not be delegated. If there 
are no cases in a given month, the CMG will still meet to ensure 
training, processes, and procedures are complete for the system 
coordination.
    (2) The installation SARC shall serve as the co-chair of the CMG. 
This responsibility may not be delegated. Only a SARC who is a Service 
member or DoD civilian employee may co-chair the multi-disciplinary 
CMG.
    (3) Required CMG members shall include: victim's commander; all 
SARCs assigned to the installation (mandatory attendance regardless of 
whether they have an assigned victim being discussed); victim's SAPR 
VA, MCIO and DoD law enforcement who are involved with and working on a 
specific case; victim's healthcare provider or mental health and 
counseling services provider; chaplain, legal representative, or SJA; 
installation personnel trained to do a safety assessment of current 
sexual assault victims; victim's VWAP representative (or civilian 
victim witness liaison, if available). MCIO, DoD law enforcement and 
the legal representative or SJA shall provide case dispositions. The 
CMG chair will ensure that the appropriate principal is available.
    (4) If the installation is a joint base or if the installation has 
tenant commands, the commander of the tenant organization and the 
designated Lead SARC shall be invited to the CMG meetings. The 
commander of the tenant organization shall provide appropriate 
information to the host commander, to enable the host commander to 
provide the necessary supporting services.
    (5) CMG members shall receive the mandatory SAPR training pursuant 
to Sec.  105.14 of this part.
    (6) Service Secretaries shall issue guidance to ensure that 
equivalent standards are met for case oversight by CMGs in situations 
where SARCs are not installation-based but instead work within 
operational and/or deployable organizations.
    (b) Procedures. (1) The CMG members shall carefully consider and 
implement immediate, short-term, and long-term measures to help 
facilitate and assure the victim's well-being and recovery from the 
sexual assault. They will closely monitor the victim's progress and 
recovery and strive to protect the victim's privacy, ensuring only 
those with an official need to know have the victim's name and related 
details. Consequently, where possible, each case shall be reviewed 
independently bringing in only those personnel associated with the 
case, as well as the CMG chair and co-chair.
    (2) The CMG chair shall:
    (i) Ensure that commander(s) of the Service member(s) who is a 
subject of a sexual assault allegation, provide in writing all 
disposition data, to include any administrative or judicial action 
taken, stemming from the sexual assault investigation to the MCIO. 
Information provided by commanders is used to meet the Department's 
requirements for the submission of criminal history data to the 
Criminal Justice Information System, Federal Bureau of Investigation; 
and to record the disposition of offenders into DSAID.
    (ii) Require that case dispositions are communicated to the sexual 
assault victim within 2 business days of the final disposition 
decision. The CMG chair will require that the appropriate paperwork 
(pursuant to Service regulation) is submitted for each case disposition 
within 24 hours, which shall be inputted into DSAID or a DSAID Service 
interface system by the designated officials.
    (iii) Monitor and require immediate transfer of sexual assault 
victim information between SARCs and SAPR VAs, in the event of the 
SARC's or SAPR VA's change of duty station, to ensure continuity of 
SAPR services for victims.
    (iv) Require that the SARCs and SAPR VAs actively participate in 
each CMG meeting by presenting oral updates (without disclosing 
protected communications and victim confidentiality), providing 
recommendations and, if needed, the SARC or the SAPR VA shall 
affirmatively seek assistance from the chair or victim's commander.
    (v) Require an update of the status of each expedited transfer 
request and MPO.
    (vi) If the victim has informed the SARC of an existing CPO, the 
chair shall require the SARC to inform the CMG of the existence of the 
CPO and its requirements.
    (vii) After protective order documentation is presented at the CMG 
from the SARC or the SAPR VA, the DoD law enforcement agents at the CMG 
will document the information provided in their investigative case 
file, to include documentation for Reserve Component personnel in title 
10 status.
    (3) The CMG Co-chair shall:
    (i) Confirm that all reported sexual assaults are entered into 
DSAID or a DSAID Service interface system within 48 hours of the report 
of sexual assault. In deployed locations that have internet 
connectivity issues, the time frame is extended to 96 hours.
    (ii) Confirm that only the SARC is inputting information into DSAID 
or a DSAID Service interface system.
    (iii) Keep minutes of the monthly meetings to include those in 
attendance and issues discussed. CMG participants are only authorized 
to share case information with those who have an official need to know.
    (4) For each victim, the assigned SARC and SAPR VA will confirm at 
the CMG that the victim has been informed of their SAPR services to 
include counseling, medical, and legal resources without violating 
victim confidentiality.
    (5) For each victim, each CMG member who is involved with and 
working on a specific case will provide an oral update without 
violating victim confidentiality or disclosing privileged 
communications.
    (6) For each victim, the victim's commander will confirm at the CMG 
that the victim has received a monthly update from the victim's 
commander of her/his case within 72 hours of the last

[[Page 21740]]

CMG, to assure timely victim updates. This responsibility may not be 
delegated.
    (7) On a joint base or if the installation has tenant commands:
    (i) The CMG membership will explore the feasibility of joint use of 
existing SAPR resources, to include rotating on-call status of SARCs 
and SAPR VAs. Evaluate the effectiveness of communication among SARCs, 
SAPR VAs, and first responders.
    (ii) The CMG chair will request an analysis of data to determine 
trends and patterns of sexual assaults and share this information with 
the commanders on the joint base or the tenant commands. The CMG 
membership will be briefed on that trend data.
    (8) There will be a safety assessment capability. The CMG chair 
will identify installation personnel who have been trained and are able 
to perform a safety assessment of each sexual assault victim.
    (i) The CMG chair will require designated installation personnel, 
who have been trained and are able to perform a safety assessment of 
each sexual assault victim, to become part of the CMG and attend every 
monthly meeting.
    (ii) The CMG chair will request a safety assessment by trained 
personnel of each sexual assault victim at each CMG meeting, to include 
a discussion of expedited military transfers or MPOs, if needed.
    (iii) The CMG co-chair will confirm that the victims are advised 
that MPOs are not enforceable off-base by civilian law enforcement.
    (iv) If applicable, the CMG chair will confirm that both the 
suspect and the victim have a hard copy of the MPO.
    (v) Form a High-Risk Response Team if a victim is assessed to be in 
a high-risk situation. The CMG chair will immediately stand up a multi-
disciplinary High-Risk Response Team to continually monitor the 
victim's safety, by assessing danger and developing a plan to manage 
the situation.
    (A) The High-Risk Response Team shall be chaired by the victim's 
commander and, at a minimum, include the suspect's commander; the 
victim's SARC and SAPR VA; the MCIO, the judge advocate, and the VWAP 
assigned to the case, victim's healthcare provider or mental health and 
counseling services provider; and the personnel who conducted the 
safety assessment.
    (B) The High-Risk Response Team shall make their first report to 
the installation commander, CMG chair, and CMG co-chair within 24 hours 
of being activated. A briefing schedule for the CMG chair and co-chair 
will be determined, but briefings shall occur at least once a week 
while the victim is on high-risk status.
    (C) The High-Risk Response Team assessment of the victim shall 
include, but is not limited to evaluating:
    (1) Victim's safety concerns.
    (2) Suspect's access to the victim or whether the suspect is 
stalking or has stalked the victim.
    (3) Previous or existing relationship or friendship between the 
victim and the suspect, or the suspect and the victim's spouse, or 
victim's dependents. The existence of children in common. The sharing 
(or prior sharing) of a common domicile.
    (4) Whether the suspect (or the suspect's friends or family 
members) has destroyed victim's property; threatened or attacked the 
victim; or threatened, attempted, or has a plan to harm or kill the 
victim or the victim's family members; or intimidated the victim to 
withdraw participation in the investigation or prosecution.
    (5) Whether the suspect has threatened, attempted, or has a plan to 
commit suicide.
    (6) Whether the suspect has used a weapon, threatened to use a 
weapon, or has access to a weapon that may be used against the victim.
    (7) Whether the victim has sustained serious injury during the 
sexual assault incident.
    (8) Whether the suspect has a history of law enforcement 
involvement regarding domestic abuse, assault, or other criminal 
behavior.
    (9) Whether the victim has a civilian protective order or command 
has an MPO against the suspect, or there has been a violation of a 
civilian protective order or MPO by the suspect.
    (10) History of drug or alcohol abuse by either the victim or the 
suspect.
    (11) Whether the suspect exhibits erratic or obsessive behavior, 
rage, agitation, or instability.
    (12) Whether the suspect is a flight risk.

Sec.  105.14  Training requirements for DoD personnel.

    (a) Management of training requirements. (1) Commanders, 
supervisors, and managers at all levels shall be responsible for the 
effective implementation of the SAPR program.
    (2) Military and DoD civilian officials at each management level 
shall advocate a robust SAPR program and provide education and training 
that shall enable them to prevent and appropriately respond to 
incidents of sexual assault.
    (3) Data shall be collected according to the annual reporting 
requirements in accordance with Public Law 111-383 and explained in 
Sec.  105.16 of this part.
    (b) General training requirements. (1) The Secretaries of the 
Military Departments and the Chief, NGB, shall direct the execution of 
the training requirements in this section to individually address SAPR 
prevention and response in accordance with Sec.  105.5 of this part. 
These SAPR training requirements shall apply to all Service members and 
DoD civilian personnel who supervise Service members.
    (i) The Secretaries and the Chief, NGB, shall develop dedicated 
SAPR training to ensure comprehensive knowledge of the training 
requirements.
    (ii) The SAPR training, at a minimum, shall incorporate adult 
learning theory, which includes interaction and group participation.
    (iii) Upon request, the Secretaries and the Chief, NGB, shall 
submit a copy of SAPR training programs or SAPR training elements to 
USD(P&R) through SAPRO for evaluation of consistency and compliance 
with DoD SAPR training standards in this part. The Military Departments 
will correct USD(P&R) identified DoD SAPR policy and training standards 
discrepancies.
    (2) Commanders and managers responsible for training shall require 
that all personnel (i.e., all Service members, DoD civilian personnel 
who supervise Service members, and other personnel as directed by the 
USD(P&R)) are trained and that completion of training data is 
annotated. Commanders for accession training will ensure all new 
accessions are trained and that completion of training data is 
annotated.
    (3) If responsible for facilitating the training of civilians 
supervising Service members, the unit commander or civilian director 
shall require all SAPR training requirements in this section are met. 
The unit commander or civilian equivalent shall be accountable for 
requiring data collection regarding the training.
    (4) The required subject matter for the training shall be 
appropriate to the Service member's grade and commensurate with their 
level of responsibility, to include:
    (i) Defining what constitutes sexual assault. Utilizing the term 
``sexual assault'' as defined in 32 CFR part 103.
    (ii) Explaining why sexual assaults are crimes.
    (iii) Defining the meaning of ``consent'' as defined in 32 CFR part 
103.
    (iv) Explaining offender accountability and UCMJ violations.
    (v) Explaining the distinction between sexual harassment and sexual 
assault and that both are unacceptable forms of

[[Page 21741]]

behavior even though they may have different penalties. Emphasizing the 
distinction between civil and criminal actions.
    (vi) Explaining available reporting options (Restricted and 
Unrestricted), the advantages and limitations of each option, the 
effect of independent investigations on Restricted Reports (See Sec.  
105.8(a)(6) of this part) and explaining MRE 514.
    (vii) Providing an awareness of the SAPR program (DoD and Service) 
and command personnel roles and responsibilities, including all 
available resources for victims on and off base.
    (viii) Identifying prevention strategies and behaviors that may 
reduce sexual assault, including bystander intervention, risk 
reduction, and obtaining affirmative consent.
    (ix) Discussing process change to ensure that all sexual assault 
response services are gender-responsive, culturally-competent, and 
recovery-oriented.
    (x) Discussing expedited transfers and MPO procedures.
    (xi) Providing information to victims when the alleged perpetrator 
is the commander or in the victim's chain of command, to go outside the 
chain of command to report the offense to other COs or an Inspector 
General. Victims shall be informed that they can also seek assistance 
from a legal assistance attorney or the DoD Safe Helpline.
    (xii) Discussing of document retention for sexual assault documents 
(DD Forms 2910 and 2911), to include retention in investigative 
records. Explaining why it is recommended that sexual assault victims 
retain sexual assault records for potential use in the Department of 
Veterans Affairs benefits applications.
    (c) DoD personnel training requirements. Refer to Military Service-
specific training officers that maintain personnel training schedules.
    (1) Accessions training shall occur upon initial entry.
    (i) Mirror the General Training Requirements in Sec.  105.14(b).
    (ii) Provide scenario-based, real-life situations to demonstrate 
the entire cycle of prevention, reporting, response, and accountability 
procedures to new accessions to clarify the nature of sexual assault in 
the military environment.
    (2) Annual training shall occur once a year and is mandatory for 
all Service members regardless of rank or occupation or specialty.
    (i) Mirror the General Training Requirements in Sec.  105.14(b).
    (ii) Explain the nature of sexual assault in the military 
environment using scenario-based, real-life situations to demonstrate 
the entire cycle of prevention, reporting, response, and accountability 
procedures.
    (iii) Deliver to Service members in a joint environment from their 
respective Military Services and incorporate adult learning theory.
    (3) Professional military education (PME) and leadership 
development training (LDT).
    (i) For all trainees, PME and LDT shall mirror the General Training 
Requirements in Sec.  105.14.
    (ii) For senior noncommissioned officers and commissioned officers, 
PME and LDT shall occur during developmental courses throughout the 
military career and include:
    (A) Explanation and analysis of the SAPR program.
    (B) Explanation and analysis of the necessity of immediate 
responses after a sexual assault has occurred to counteract and 
mitigate the long-term effects of violence. Long-term responses after 
sexual assault has occurred will address the lasting consequences of 
violence.
    (C) Explanation of rape myths (See SAPR Toolkit on www.sapr.mil), 
facts, and trends pertaining to the military population.
    (D) Explanation of the commander's and senior enlisted Service 
member's role in the SAPR program.
    (E) Review of all items found in the commander's protocols for 
Unrestricted Reports of sexual assault. (See SAPR Toolkit on 
www.sapr.mil.)
    (F) Explanation of what constitutes reprisal according to Sec.  
105.3 and procedures for reporting allegations of reprisal in 
accordance with DoDD 7050.06.
    (4) Pre-deployment training shall be provided.
    (i) Mirror the General Training Requirements in Sec.  105.14(b).
    (ii) Explain risk reduction factors tailored to the deployment 
location.
    (iii) Provide a brief history of the specific foreign countries or 
areas anticipated for deployment, and the area's customs, mores, 
religious practices, and status of forces agreement. Explain cultural 
customs, mores, and religious practices of coalition partners.
    (iv) Identify the type of trained sexual assault responders who are 
available during the deployment (e.g., law enforcement personnel, legal 
personnel, SARC, SAPR VAs, healthcare personnel, chaplains).
    (v) Upon implementation of the D-SAACP, and unless previously 
credentialed, include completion of certification for SARCs and VAs.
    (5) Post-deployment reintegration training shall occur within 30 
days of returning from deployment and:
    (i) Commanders of re-deploying personnel will ensure training 
completion.
    (ii) Explain available counseling and medical services, reporting 
options, and eligibility benefits for Service members and the Reserve 
Component.
    (iii) Explain MRE 514. Explain that Reserve members not in active 
service at the time of the incident or at the time of the report can 
make a Restricted or Unrestricted report with the SARC or SAPR VA when 
on active duty and then be eligible to receive SAPR services.
    (6) Pre-command training shall occur prior to filling a command 
position.
    (i) Mirror the General Training Requirements in Sec.  105.14(b).
    (A) The personnel trained shall include all officers who are 
selected for command and the unit's senior enlisted Service member.
    (B) The required subject matter for the training shall be 
appropriate to the level of responsibility and commensurate with level 
of command.
    (ii) Explain rape myths, facts, and trends.
    (iii) Provide awareness of the SAPR program and explain the 
commander's and senior enlisted Service member's role in executing 
their SAPR service program.
    (iv) Review all items found in the commander's protocols for 
Unrestricted Reports of sexual assault. (See SAPR Toolkit on 
www.sapr.mil.)
    (v) Explain what constitutes reprisal and procedures for addressing 
reprisal allegations.
    (d) G/FO and SES personnel training requirements. G/FO and SES 
personnel training shall occur at the initial executive level program 
training and annually thereafter. Mirror the General Training 
Requirements in Sec.  105.14(b).
    (1) The Military Services' executive level management offices are 
responsible for tracking data collection regarding the training.
    (2) The required subject matter for the training shall be 
appropriate to the level of responsibility and commensurate with level 
of command.
    (3) Training guidance for other DoD components other than the 
Military Departments, will be provided in a separate issuance.
    (e) Military Recruiters. Military recruiter training shall occur 
annually and mirror the General Training Requirements in Sec.  
105.14(b).
    (f) Training for civilians who supervise service members. Training 
is required for civilians who supervise Service members, for all 
civilians in accordance with section 585 of Public Law 112-81 and, if 
feasible, highly recommended for DoD contractors.

[[Page 21742]]

Training shall occur annually and mirror the General Training 
Requirements in Sec.  105.14(b).
    (g) Responder training requirements. To standardize services 
throughout the DoD, as required in 32 CFR part 103, all DoD sexual 
assault responders shall receive the same baseline training. These 
minimum training standards form the baseline on which the Military 
Services and specialized communities can build. First responders are 
composed of personnel in the following disciplines or positions: SARCs; 
SAPR VAs; healthcare personnel; DoD law enforcement; MCIOs; judge 
advocates; chaplains; firefighters and emergency medical technicians. 
Commanders and VWAP personnel can be first responders. Commanders 
receive their SAPR training separately.
    (1) All responder training shall:
    (i) Be given in the form of initial and annual refresher training 
from their Military Service in accordance with Sec.  105.5 of this 
part. Responder training is in addition to annual training.
    (ii) Be developed for each responder functional area from each 
military service and shall:
    (A) Explain the different sexual assault response policies and 
critical issues.
    (1) DoD SAPR policy, including the role of the SARC, SAPR VA, 
victim witness liaison, and CMG.
    (2) Military Service-specific policies.
    (3) Unrestricted and Restricted Reporting as well as MRE 514.
    (4) Exceptions to Restricted Reporting and limitations to use.
    (5) Change in victim reporting preference election.
    (6) Victim advocacy resources.
    (B) Explain the requirement that SARCs must respond in accordance 
with this part.
    (C) Describe local policies and procedures with regards to local 
resources, referrals, procedures for military and civilians as well as 
collaboration and knowledge of resources and referrals that can be 
utilized at that specific geographic location.
    (D) Explain the range of victim responses to sexual assault to 
include:
    (1) Victimization process, including re-victimization and secondary 
victimization.
    (2) Counterintuitive behavior.
    (3) Impact of trauma on memory and recall.
    (4) Potential psychological consequences, including acute stress 
disorder and post traumatic stress disorder.
    (E) Explain deployment issues, including remote location 
assistance.
    (F) Explain the possible outcomes of investigations of sexual 
assault.
    (G) Explain the possible flow of a sexual assault investigation. 
(See flowchart in the SAPR Policy Toolkit, located at www.sapr.mil.)
    (H) Be completed prior to deployment.
    (I) Recommend, but not require, that SAPR training for responders 
include safety and self care.
    (2) SARC training shall:
    (i) Provide the responder training requirements in Sec.  
105.14(g)(1).
    (ii) Be scenario-based and interactive. Provide for role play where 
a trainee SARC counsels a sexual assault victim and is critiqued by a 
credentialed SARC and/or an instructor.
    (iii) Explain roles and responsibilities and command relationships.
    (iv) Explain the different reporting options, to include the 
effects of independent investigations (see Sec.  105.8 of this part). 
Explain the exceptions to Restricted Reporting, with special emphasis 
on suspending Restricted Reporting where it is necessary to prevent or 
mitigate a serious and imminent threat to the health or safety of the 
victim or another person.
    (v) Provide training on entering reports of sexual assault into 
DSAID through interface with a Military Service data systems or by 
direct data entry. Provide training on potential discovery obligations 
regarding any notes entered in DSAID.
    (vi) Provide training on document retention of Restricted and 
Unrestricted cases.
    (vii) Provide training on expedited transfer and MPO procedures.
    (viii) Provide instruction on all details of SAPR VA screening, 
including addressing:
    (A) What to do if SAPR VA is a recent victim, or knows sexual 
assault victims.
    (B) What to do if SAPR VA was accused of being an offender or knows 
someone who was accused.
    (C) Identifying the SAPR VA's personal biases.
    (D) The necessary case management skills.
    (1) Required reports and proper documentation as well as records 
management.
    (2) Instruction to complete DD Form 2910 and proper storage 
according to Federal service privacy regulations.
    (3) Ability to conduct SAPR training, when requested by the SARC or 
commander.
    (4) Transferring cases to another installation SARC.
    (ix) Explain the roles and responsibilities of the VWAP and DD Form 
2701.
    (x) Inform SARCs of the existence of the SAPRO Web site at http://www.sapr.mil, and encourage its use for reference materials and general 
DoD-level SAPR information.
    (3) SAPR VA training shall:
    (i) Provide the responder training requirements in Sec.  
105.14(g)(1).
    (ii) Be scenario-based and interactive. Provide for role play where 
a trainee SAPR VA counsels a sexual assault victim, and then that 
counseling session is critiqued by an instructor.
    (iii) Explain the different reporting options, to include the 
effects of independent investigations (see Sec.  105.8 of this part). 
Explain the exceptions to Restricted Reporting, with special emphasis 
on suspending Restricted Reporting where it is necessary to prevent or 
lessen a serious and imminent threat to the health or safety of the 
victim or another person.
    (iv) Include:
    (A) Necessary critical advocacy skills.
    (B) Basic interpersonal and assessment skills.
    (1) Appropriate relationship and rapport building.
    (2) Sensitivity training to prevent re-victimization.
    (C) Crisis intervention.
    (D) Restricted and Unrestricted Reporting options as well as MRE 
514.
    (E) Roles and limitations, to include: command relationship, SAPR 
VA's rights and responsibilities, reporting to the SARC, and 
recognizing personal biases and issues.
    (F) Preparing proper documentation for a report of sexual assault.
    (G) Document retention in Restricted and Unrestricted cases.
    (H) Expedited transfer and MPO procedures.
    (I) Record keeping rules for protected disclosures relating to a 
sexual assault.
    (J) A discussion of ethical issues when working with sexual assault 
victims as a VA.
    (K) A discussion of individual versus system advocacy.
    (L) A review of the military justice process and adverse 
administrative actions.
    (M) Overview of criminal investigative process and military 
judicial requirements.
    (N) A review of the issues in victimology.
    (1) Types of assault.
    (2) Health consequences such as mental and physical health.
    (3) Cultural and religious differences.
    (4) Victims' rights and the victim's role in holding offenders 
appropriately accountable and limitations on offender accountability 
when the victim elects Restricted Reporting.

[[Page 21743]]

    (5) Healthcare management of sexual assault and medical resources 
and treatment options to include the medical examination, the forensic 
examination, mental health and counseling, pregnancy, and STD/I and 
HIV.
    (6) Identification of safety issues and their immediate report to 
the SARC or law enforcement, as appropriate.
    (7) Identification of reprisal and retaliation actions against the 
victim; procedures for responding to reprisal actions and their 
immediate reporting to the SARC and the VWAP; safety planning to 
include how to prevent retaliation or reprisal actions against the 
victim.
    (8) Separation of the victim and offender as well as the MPO and 
CPO process.
    (9) Expedited transfer process for the victim.
    (O) An explanation of the roles and responsibilities of the VWAP 
and DD Form 2701.
    (P) Safety and self care, to include vicarious trauma.
    (4) Healthcare personnel training shall be in two distinct training 
categories:
    (i) Training for Healthcare Personnel Assigned to an MTF. In 
addition to the responder training requirements in Sec.  105.14(g)(1), 
MTF healthcare personnel shall be trained and remain proficient in 
medical treatment resources, in conducting a sexual assault patient 
interviews, and in conducting the SAFE Kit process. Healthcare 
personnel who received a Restricted Report shall immediately call a 
SARC or SAPR VA, so a DD Form 2910 can be completed.
    (ii) Training for Healthcare Providers Performing SAFEs in MTFs 
(see 32 CFR 103.4). In addition to the responder training requirements 
in Sec.  105.14(g)(1), healthcare providers performing SAFEs shall be 
trained and remain proficient in conducting SAFEs. Healthcare providers 
who may be called on to provide comprehensive medical treatment to a 
sexual assault victim, including performing SAFEs are: obstetricians 
and gynecologists and other licensed practitioners (preferably family 
physicians, emergency medicine physicians, and pediatricians); advanced 
practice nurses with specialties in midwifery, women's health, family 
health, and pediatrics; physician assistants trained in family practice 
or women's health; and registered nurses with documented education, 
training, and clinical practice in sexual assault examinations in 
accordance with the U.S. Department of Justice Protocol. Healthcare 
personnel who received a Restricted Report shall immediately call a 
SARC or SAPR VA so a DD Form 2910 can be completed.
    (iv) Healthcare personnel and provider training shall:
    (A) Explain how to conduct a sexual assault patient interview to 
obtain medical history and assault information.
    (B) Explain how to conduct a SAFE in accordance with the U.S. 
Department of Justice Protocol and include explanations on:
    (1) SAFE Kit and DD Form 2911.
    (2) Toxicology kit for suspected drug-facilitated cases.
    (3) Chain of custody.
    (4) Translation of findings.
    (5) Proper documentation.
    (6) Storage of evidence in Restricted Reports (e.g., RRCN).
    (7) Management of the alleged offender.
    (8) Relevant local and State laws and restrictions.
    (9) Medical treatment issues during deployments including remote 
location assistance to include: location resources including 
appropriate personnel, supplies (drying device, toluidine blue dye, 
colposcope, camera), standard operating procedures, location of SAFE 
Kit and DD Form 2911; and availability and timeliness of evacuation to 
echelon of care where SAFEs are available.
    (C) Explain how to deal with emergency contraception and STD/I 
treatment.
    (D) Discuss physical and mental health assessment.
    (E) Explain how to deal with trauma, to include:
    (1) Types of injury.
    (2) Photography of injuries.
    (3) Behavioral health and counseling needs.
    (4) Consulting and referral process.
    (5) Appropriate follow-up.
    (6) Drug or alcohol facilitated sexual assault, to include review 
of best practices, victim interview techniques, and targeted evidence 
collections.
    (F) Explain medical record management.
    (G) Explain legal process and expert witness testimony.
    (5) DoD law enforcement (those elements of DoD components, to 
include MCIOs, authorized to investigate violations of the UCMJ) 
training shall:
    (i) Include the Responder Training requirements in Sec.  
105.14(g)(1) for DoD law enforcement personnel who may respond to a 
sexual assault complaint.
    (ii) Remain consistent with the guidelines published under the 
authority and oversight of the IG, DoD. In addition, DoD law 
enforcement training shall:
    (A) Explain how to respond in accordance with the SAPR program.
    (1) Notify the command, SARC, and SAPR VA.
    (2) Work with SAPR VAs and SARCs, and medical personnel.
    (B) Explain how to work with sexual assault victims, to include the 
effects of trauma on sexual assault victims. Ensure victims are 
informed of and accorded their rights, in accordance with DoDI 1030.2 
and DoDD 1030.01 by contacting the VWAP.
    (C) Take into consideration the victim's safety concerns and 
medical needs.
    (D) Review IG policy and Military Service regulations regarding the 
legal transfer of the SAFE Kit and the retention of the DD Form 2911 or 
reports from civilian SAFEs in archived files.
    (E) Discuss sex offender issues.
    (6) Training for MCIO agents assigned to investigate sexual 
assaults shall:
    (i) In accordance with Public Law 112-81, be detailed in IG policy.
    (ii) Adhere to the responder training requirements in Sec.  
105.14(g)(1) for military and civilian criminal investigators assigned 
to MCIOs who may respond to a sexual assault complaint.
    (iii) Remain consistent with the guidelines published under the 
authority and oversight of the IG, DoD. In addition, MCIO training 
shall:
    (A) Include initial and annual refresher training on essential 
tasks specific to investigating sexual assault investigations that 
explain that these reports shall be included in sexual assault 
quarterly and annual reporting requirements found in Sec.  105.16 of 
this part.
    (B) Include IG policy and Military Service regulations regarding 
the legal transfer of the SAFE Kit and the retention of the DD Form 
2911 or reports from civilian SAFEs in archived files.
    (C) Explain how to work with victims of sexual assault.
    (1) Effects of trauma on the victim to include impact of trauma and 
stress on memory as well as balancing investigative priorities with 
victim needs.
    (2) Ensure victims are informed of and accorded their rights, in 
accordance with DoDI 1030.2 and DoDD 1030.01 by contacting the VWAP.
    (3) Take into consideration the victim's safety concerns and 
medical needs.
    (D) Explain how to respond to a sexual assault in accordance with 
to 32 CFR part 103, this part, and the assigned Military Service 
regulations on:
    (1) Notification to command, SARC, and VWAP.

[[Page 21744]]

    (2) Investigating difficult cases to include drug and alcohol 
facilitated sexual assaults, having multiple suspects and sexual 
assaults in the domestic violence context as well as same-sex sexual 
assaults (male/male or female/female).
    (E) Review of available research regarding false information and 
the factors influencing false reports and false information, to include 
possible victim harassment and intimidation.
    (F) Explain unique issues with sex offenders to include 
identifying, investigating, and documenting predatory behaviors.
    (G) Explain how to work with the SARC and SAPR VA to include SAPR 
VA and SARC roles, responsibilities, and limitations; victim services 
and support program; and MRE 514.
    (7) Judge advocate training shall:
    (i) Prior to performing judge advocate duties, adhere to the 
Responder Training requirements in Sec.  105.14(g)(1) for judge 
advocates who are responsible for advising commanders on the 
investigation or disposition of, or who prosecute or defend, sexual 
assault cases.
    (ii) Explain legal support services available to victims.
    (A) Pursuant to the respective Military Service regulations, 
explain that each Service member who reports a sexual assault shall be 
given the opportunity to consult with legal assistance counsel, and in 
cases where the victim may have been involved in collateral misconduct, 
to consult with defense counsel.
    (1) Provide information concerning the prosecution, if applicable, 
in accordance with DoD 8910.1-M. Provide information regarding the 
opportunity to consult with legal assistance counsel as soon as the 
victim seeks assistance from a SARC, SAPR VA, or any DoD law 
enforcement agent or judge advocate.
    (2) Ensure victims are informed of their rights and the VWAP 
program, in accordance with DoDI 1030.2 and DoDD 1030.01.
    (B) Explain the sex offender registration program.
    (iii) Explain issues encountered in the prosecution of sexual 
assaults.
    (A) Typologies (characteristics) of victims and sex offenders in 
non-stranger sexual assaults.
    (B) Addressing the consent defense.
    (C) How to effectively prosecute alcohol and drug facilitated 
sexual assault.
    (D) How to introduce forensic and scientific evidence (e.g., SAFE 
Kits, DNA, serology, toxicology).
    (E) MRE issues and updates to regard sexual assault prosecution in 
accordance with MRE 412, 413, and 615 of the Manual for Courts-Martial, 
United States.
    (F) How to advise victims, SAPR VAs, and VWAP about the military 
justice process, and MRE 514. Explain:
    (1) Victims' rights during trial and defense counsel interviews 
(e.g., guidance regarding answering questions on prior sexual behavior, 
interviewing parameters, coordinating interviews, case outcomes).
    (2) In the case of a general or special court-martial involving a 
sexual assault as defined in 32 CFR part 103, a copy of the prepared 
record of the proceedings of the court-martial (not to include sealed 
materials, unless otherwise approved by the presiding military judge or 
appellate court) shall be given to the victim of the offense if the 
victim testified during the proceedings in accordance with Public Law 
112-81.
    (3) Guidance on victim accompaniment (e.g., who may accompany 
victims to attorney interviews, what is their role, and what should 
they do if victim is being mistreated).
    (4) MRE 412 of the Manual for Courts-Martial, United States, to 
investigations pursuant to an Article 32 hearing.
    (5) Protecting victim privacy (e.g., access to medical records and 
conversations with SARC or SAPR VA, discovery consequences of making 
victim's mental health an issue, MRE 514).
    (8) Legal Assistance Attorney training shall adhere to the 
requirements of annual training in Sec.  105.14(c)(2). Attorneys shall 
receive training in order to have the capability to provide legal 
assistance to sexual assault victims in accordance with the USD(P&R) 
Memorandum. Legal assistance attorney training shall include:
    (i) The VWAP, including the rights and benefits afforded the 
victim.
    (A) The role of the VWAP and what privileges do or do not exist 
between the victim and the advocate or liaison.
    (B) The nature of the communication made to the VWAP as opposed to 
those made to the legal assistance attorney.
    (ii) The differences between the two types of reporting in sexual 
assault cases.
    (iii) The military justice system, including the roles and 
responsibilities of the trial counsel, the defense counsel, and 
investigators. This may include the ability of the Government to compel 
cooperation and testimony.
    (iv) The services available from appropriate agencies or offices 
for emotional and mental health counseling and other medical services.
    (v) The availability of protections offered by military and 
civilian restraining orders.
    (vi) Eligibility for and benefits potentially available as part of 
transitional compensation benefits found in section 1059 of title 10, 
U.S.C., and other State and Federal victims' compensation programs.
    (vii) Traditional forms of legal assistance.
    (9) Chaplains, chaplain assistants and religious personnel training 
shall:
    (i) Adhere to the responder training requirements in Sec.  
105.14(g)(1).
    (ii) Pre-deployment SAPR training shall focus on counseling 
services needed by sexual assault victims and offenders in contingency 
and remote areas.
    (iii) Address:
    (A) Privileged communications and the Restricted Reporting policy 
rules and limitations, including legal protections for chaplains and 
their confidential communications, assessing victim or offender safety 
issues (while maintaining chaplain's confidentiality), and MRE 514.
    (B) How to support victims with discussion on sensitivity of 
chaplains in addressing and supporting sexual assault victims, 
identifying chaplain's own bias and ethical issues, trauma training 
with pastoral applications, and how to understand victims' rights as 
prescribed in DoDI 1030.2 and DoDD 1030.01.
    (C) Other counseling and support topics.
    (1) Offender counseling should include: assessing and addressing 
victim and offender safety issues while maintaining confidentiality; 
and counseling an offender when the victim is known to the chaplain 
(counseling both the offender and the victim when there is only one 
chaplain at a military installation).
    (2) Potential distress experienced by witnesses and bystanders over 
the assault they witnessed or about which they heard.
    (3) Counseling for SARCs, SAPR VAs, healthcare personnel, 
chaplains, JAGs, law enforcement or any other professionals who 
routinely works with sexual assault victims and may experience 
secondary effects of trauma.
    (4) Providing guidance to unit members and leadership on how to 
mitigate the impact that sexual assault has on a unit and its 
individuals, while keeping in mind the needs and concerns of the 
victim.

Sec.  105.15  Defense Sexual Assault Incident Database (DSAID).

    (a) Purpose. (1) In accordance with section 563 of Public Law 110-
417,

[[Page 21745]]

DSAID shall support Military Service SAPR program management and DoD 
SAPRO oversight activities. It shall serve as a centralized, case-level 
database for the collection and maintenance of information regarding 
sexual assaults involving persons covered by this part. DSAID will 
include information, if available, about the nature of the assault, the 
victim, services offered to the victim, the offender, and the 
disposition of the reports associated with the assault. DSAID will 
serve as the DoD's SAPR source for internal and external requests for 
statistical data on sexual assault in accordance with section 563 of 
Public Law 110-417. The DSAID has been assigned OMB Control Number 
0704-0482. DSAID contains information provided by the military 
services, which are the original source of the information.
    (2) Disclosure of data stored in DSAID will only be granted when 
disclosure is authorized or required by law or regulation.
    (b) Procedures. DSAID shall:
    (1) Contain information about sexual assaults reported to the DoD 
involving persons covered by this part, both via Unrestricted and 
Restricted Reporting options.
    (2) Include adequate safeguards to shield PII from unauthorized 
disclosure. The system will not contain PII about victims who make a 
Restricted Report. Information about sexual assault victims and 
subjects will receive the maximum protection allowed under the law. 
DSAID will include stringent user access controls.
    (3) Assist with annual and quarterly reporting requirements, 
identifying and managing trends, analyzing risk factors or problematic 
circumstances, and taking action or making plans to eliminate or to 
mitigate risks. DSAID shall store case information. Closed case 
information shall be available to DoD SAPRO for SAPR program oversight, 
study, research, and analysis purposes. DSAID will provide a set of 
core functions to satisfy the data collection and analysis requirements 
for the system in five basic areas: data warehousing, data query and 
reporting, SARC victim case management functions, subject investigative 
and legal case information, and SAPR program administration and 
management.
    (4) Receive information from the Military Services' existing data 
systems or direct data entry by authorized Military Service personnel.
    (c) Notification procedure and record access procedures. (1) 
Requests for information contained in DSAID are answered by the 
Services. All requests for information should be made to the DoD 
Component that generated the information in DSAID. Individuals seeking 
to determine whether information about themselves is contained in this 
system of records or seeking access to records about themselves should 
address written inquiries to the appropriate Service office (see 
Service list at www.sapr.mil).
    (2) Requests for information to the DoD Components must be 
responded to by the office(s) designated by the Component to respond to 
Freedom of Information Act and Privacy Act requests. Requests shall not 
be informally handled by the SARCs.

Sec.  105.16  Sexual assault annual and quarterly reporting 
requirements.

    (a) Annual reporting for the military services. The USD(P&R) 
submits annual FY reports to Congress on the sexual assaults involving 
members of the Military Services. Each Secretary of the Military 
Departments must submit their Military Service report for the prior FY 
to the Secretary of Defense through the DoD SAPRO by March 1. The 
Secretary of the Navy must provide separate reports for the Navy and 
the Marine Corps. The annual report is accomplished in accordance with 
section 1631(d) of Public Law 111-383, and includes:
    (1) The policies, procedures, and processes in place or implemented 
by the SAPR program during the report year in response to incidents of 
sexual assault.
    (2) An assessment of the implementation of the policies and 
procedures on the prevention, response, and oversight of sexual 
assaults in the military to determine the effectiveness of SAPR 
policies and programs, including an assessment of how Service efforts 
executed DoD SAPR priorities.
    (3) Any plans for the following year on the prevention of and 
response to sexual assault, specifically in the areas of advocacy, 
healthcare provider and medical response, mental health, counseling, 
investigative services, legal services, and chaplain response.
    (4) Matrices for Restricted and Unrestricted Reports of the number 
of sexual assaults involving Service members, that includes case 
synopses, and disciplinary actions taken in substantiated cases and 
relevant information.
    (5) Analyses of the matrices of the number of sexual assaults 
involving Service members.
    (b) Quarterly reports. The quarterly data reports from the Military 
Services are the basis for annual reports, including the data fields 
necessary for comprehensive reporting. The information collected to 
prepare the quarterly reports has been assigned Reporting Control 
Symbol DD-P&R(A)2205. In quarterly reports, the policies and planned 
actions are not required to be reported. Each quarterly report and 
subsequent FY annual report shall update the status of those previously 
reported investigations that had been reported as opened but not yet 
completed or with action pending at the end of a prior reporting 
period. Once the final action taken is reported, that specific 
investigation no longer needs to be reported. This reporting system 
will enable the DoD to track sexual assault cases from date of 
initiation to completion of command action or disposition. Quarterly 
reports are due:
    (1) January 31 for investigations opened during the period of 
October 1-December 31.
    (2) April 30 for investigations opened during the period of January 
1-March 31.
    (3) July 31 for investigations opened during the period of April 1-
June 30.
    (4) The final quarterly report (July 1-September 30) shall be 
included as part of the FY annual report.
    (c) Annual reporting for the Military Service Academies (MSA). 
Pursuant to section 532 of Public Law 109-364, the USD(P&R) submits 
annual reports on sexual harassment and violence at MSAs to the House 
of Representatives and Senate Armed Services Committees each academic 
program year (APY). The MSA Sexual Assault Survey conducted by the 
Defense Manpower Data Center (DMDC) has been assigned Report Control 
Symbol DD-P&R(A)2198.
    (1) In odd-numbered APYs, superintendents will submit a report to 
their respective Military Department Secretaries assessing their 
respective MSA policies, training, and procedures on sexual harassment 
and violence involving cadets and midshipmen no later than October 15 
of the following APY. DMDC will simultaneously conduct gender relations 
surveys of cadets and midshipmen to collect information relating to 
sexual assault and sexual harassment at the MSA to supplement these 
reports. DoD SAPRO will summarize and consolidate the results of each 
MSA's APY assessment, which will serve as the mandated DoD annual 
report to Congress.
    (2) In even-numbered APYs, DoD SAPRO and the DoD Diversity 
Management and Equal Opportunity (DMEO) Office conduct MSA site visits 
and a data call to assess each MSA's policies; training, and procedures 
regarding sexual harassment and violence involving cadets and

[[Page 21746]]

midshipmen; perceptions of Academy personnel regarding program 
effectiveness; the number of reports and corresponding case 
dispositions; program accomplishments progress made; and challenges. 
Together with the DoD SAPRO and DMEO MSA visits, DMDC will conduct 
focus groups with cadets and midshipmen to collect information relating 
to sexual harassment and violence from the MSAs to supplement this 
assessment. DoD SAPRO consolidates the assessments and focus group 
results of each MSA into a report, which serves as the mandated DoD 
annual report to Congress that will be submitted in December of the 
following APY.
    (d) Annual reporting of installation data. Installation data is 
drawn from the annual reports of sexual assault listed in Sec.  
105.16(a). The Secretaries of each Military Department must submit 
their Military Service report of sexual assault for the prior FY 
organized by installation to the Secretary of Defense through the DoD 
SAPRO by April 30. The Secretary of the Navy must provide separate 
reports for the Navy and the Marine Corps. Reports will contain 
matrices for Restricted and Unrestricted Reports of the number of 
sexual assaults involving Service members organized by military 
installation, and matrices including the synopsis and disciplinary 
actions taken in substantiated cases.

Sec.  105.17  Sexual assault offense--investigation disposition 
descriptions.

    Pursuant to the legislated requirements specified in Public Law 
111-383, the following definitions are used by the Services for annual 
and quarterly reporting of the dispositions of subjects in sexual 
assault investigations conducted by the MCIOs. Services must adapt 
their investigative policies and procedures to comply with these 
definitions.
    (a) Substantiated reports. Dispositions in this category come from 
Unrestricted Reports that have been investigated and found to have 
sufficient evidence to provide to command for consideration of action 
to take some form of punitive, corrective, or discharge action against 
an offender.
    (1) Substantiated reports against Service member subjects. A 
substantiated report of sexual assault is an Unrestricted Report that 
was investigated by an MCIO, provided to the appropriate military 
command for consideration of action, and found to have sufficient 
evidence to support the command's action against the subject. Actions 
against the subject may include court-martial charge preferral, Article 
15 UCMJ punishment, nonjudicial punishment, administrative discharge, 
and other adverse administrative action that result from a report of 
sexual assault or associated misconduct (e.g., adultery, housebreaking, 
false official statement, etc.).
    (2) Substantiated reports by Service member victims. A 
substantiated report of a sexual assault victim's Unrestricted Report 
that was investigated by a MCIO, and provided to the appropriate 
military command for consideration of action, and found to have 
sufficient evidence to support the command's action against the 
subject. However, there are instances where an Unrestricted Report of 
sexual assault by a Service member victim may be substantiated but the 
command is not able to take action against the person who is the 
subject of the investigation. These categories include the following: 
the subject of the investigation could not be identified; the subject 
died or deserted from the Service before action could be taken; the 
subject was a civilian or foreign national not subject to the UCMJ; or 
the subject was a Service member being prosecuted by a civilian or 
foreign authority.
    (b) Substantiated report disposition descriptions. In the event of 
several types of action a commander takes against the same offender, 
only the most serious action taken is reported, as provided for in the 
following list, in descending order of seriousness. For each offender, 
any court-martial sentence and non-judicial punishment administered by 
commanders pursuant to Article 15 of the UCMJ is reported annually to 
the DoD in the case synopses or via DSAID. Further additional actions 
of a less serious nature in the descending list should also be included 
in the case synopses reported to the Department. Public Law 111-383 
requires the reporting of the number of victims associated with each of 
the following disposition categories.
    (1) Commander action for sexual assault offense. (i) Court-martial 
charges preferred (initiated) for sexual assault offense. A court-
martial charge was preferred (initiated) for at least one of the 
offenses punishable by Articles 120 and 125 of the UCMJ, or an attempt 
to commit an Article 120 or 125, UCMJ offense that would be charged as 
a violation of Article 80 of the UCMJ. (See Rules for Courts-Martial 
(RCM) 307 and 401 of the Manual for Courts-Martial, United States.\13\)
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    \13\ Available: http://www.dod.gov/dodgc/images/mcm2012.pdf.
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    (ii) Nonjudicial punishments (Article 15, UCMJ). Disciplinary 
action for at least one of the UCMJ offenses comprised within the SAPR 
definition of sexual assault that was initiated pursuant to Article 15 
of the UCMJ.
    (iii) Administrative discharges. Commander action taken to 
involuntarily separate the offender from military service that is based 
in whole or in part on an offense within the SAPR definition of sexual 
assault.
    (iv) Other adverse administrative actions. In the absence of an 
administrative discharge action, any other administrative action that 
was initiated (including corrective measures such as counseling, 
admonition, reprimand, exhortation, disapproval, criticism, censure, 
reproach, rebuke, extra military instruction, or other administrative 
withholding of privileges, or any combination thereof), and that is 
based in whole or in part on an offense within the SAPR definition of 
sexual assault. Cases should be placed in this category only when an 
administrative action other than an administrative discharge is the 
only action taken. If an ``other administrative action'' is taken in 
combination with another more serious action (e.g., courts-martial, 
non-judicial punishment, administrative discharge, or civilian or 
foreign court action), only report the case according to the more 
serious action taken.
    (2) Commander action for other criminal offense. Report actions 
against subjects in this category when there is probable cause for an 
offense, but only for a non-sexual assault offense (i.e., the commander 
took action on a non-sexual assault offense because an investigation 
showed that the allegations did not meet the required elements of, or 
there was insufficient evidence for, any of the UCMJ offenses that 
constitute the SAPR definition of sexual assault). Instead, an 
investigation disclosed other offenses arising from the sexual assault 
allegation or incident that met the required elements of, and there was 
sufficient evidence for, another offense under the UCMJ. Report court-
martial charges preferred, non-judicial punishments, and sentences 
imposed in the case synopses provided to the DoD. To comply with Public 
Law 111-383, the number of victims associated with each of the 
following categories must also be reported.
    (i) Court-martial charges preferred (initiated) for a non-sexual 
assault offense.
    (ii) Nonjudicial punishments (Article 15, UCMJ) for non-sexual 
assault offense.
    (iii) Administrative discharges for non-sexual assault offense.
    (iv) Other adverse administrative actions for non-sexual assault 
offense.

[[Page 21747]]

    (c) Command action precluded. Dispositions reported in this 
category come from an Unrestricted Report that was investigated by a 
MCIO and provided to the appropriate military command for consideration 
of action, but the evidence did not support taking action against the 
subject of the investigation because the victim declined to participate 
in the military justice action, there was insufficient evidence of any 
offense to take command action, the report was unfounded by command, 
the victim died prior to completion of the military justice action, or 
the statute of limitations for the alleged offense(s) expired. Public 
Law 111-383 requires the reporting of the number of victims associated 
with each of the following disposition categories.
    (1) Victim declined to participate in the military justice action. 
Commander action is precluded or declined because the victim has 
declined to further cooperate with military authorities or prosecutors 
in a military justice action.
    (2) Insufficient evidence for prosecution. Although the allegations 
made against the alleged offender meet the required elements of at 
least one criminal offense listed in the SAPR definition of sexual 
assault (see 32 CFR part 103), there was insufficient evidence to 
legally prove those elements beyond a reasonable doubt and proceed with 
the case. (If the reason for concluding that there is insufficient 
evidence is that the victim declined to cooperate, then the reason for 
being unable to take action should be entered as ``victim declined to 
participate in the military justice action,'' and not entered as 
``insufficient evidence.'')
    (3) Victim's death. Victim died before completion of the military 
justice action.
    (4) Statute of limitations expired. Determination that, pursuant to 
Article 43 of the UCMJ, the applicable statute of limitations has 
expired and the case may not be prosecuted.
    (d) Command action declined. Dispositions in this category come 
from an Unrestricted Report that was investigated by a MCIO and 
provided to the appropriate military command for consideration of 
action, but the commander determined the report was unfounded as to the 
allegations against the subject of the investigation. Unfounded 
allegations reflect a determination by command, with the supporting 
advice of a qualified legal officer, that the allegations made against 
the alleged offender did not occur nor were attempted. These cases are 
either false or baseless. Public Law 111-383 requires the reporting of 
the number of victims associated with this category.
    (1) False cases. Evidence obtained through an investigation shows 
that an offense was not committed nor attempted by the subject of the 
investigation.
    (2) Baseless cases. Evidence obtained through an investigation 
shows that alleged offense did not meet at least one of the required 
elements of a UCMJ offense constituting the SAPR definition of sexual 
assault or was improperly reported as a sexual assault.
    (e) Subject outside DoD's legal authority. When the subject of the 
investigation or the action being taken are beyond DoD's jurisdictional 
authority or ability to act, use the following descriptions to report 
case disposition. To comply with Public Law 111-383, Services must also 
identify the number of victims associated with these dispositions and 
specify when there was insufficient evidence that an offense occurred 
in the following categories.
    (1) Offender is unknown. The investigation is closed because no 
person could be identified as the alleged offender.
    (2) Subject is a civilian or foreign national not subject to UCMJ. 
The subject of the investigation is not amenable to military UCMJ 
jurisdiction for action or disposition.
    (3) Civilian or foreign authority is prosecuting Service member. A 
civilian or foreign authority has the sexual assault allegation for 
action or disposition, even though the alleged offender is also subject 
to the UCMJ.
    (4) Offender died or deserted. Commander action is precluded 
because of the death or desertion of the alleged offender or subject of 
the investigation.
    (f) Report unfounded by MCIO. Determination by the MCIO that the 
allegations made against the alleged offender did not occur nor were 
attempted. These cases are either false or baseless. Public Law 111-383 
requires the reporting of the number of victims associated with this 
category.
    (1) False cases. Evidence obtained through a MCIO investigation 
shows that an offense was not committed nor attempted by the subject of 
the investigation.
    (2) Baseless cases. Evidence obtained through an investigation 
shows that alleged offense did not meet at least one of the required 
elements of a UCMJ offense constituting the SAPR definition of sexual 
assault or was improperly reported as a sexual assault.

Sec.  105.18  Information collection requirements.

    (a) The DSAID and the DD Form 2910, referred to in this 
Instruction, have been assigned OMB control number 0704-0482.
    (b) The annual report regarding sexual assaults involving Service 
members and improvement to sexual assault prevention and response 
programs referred to in Sec. Sec.  105.5(f)(22); 105.7(a)(9), 
105.7(a)(10), and 105.7(a)(12); 105.9(c)(8)(ii); and 105.16(a) and (d) 
of this part is submitted to Congress in accordance with section 
1631(d) of Public Law 111-383 and is coordinated with the Assistant 
Secretary of Defense for Legislatives Affair in accordance with the 
procedures in DoDI 5545.02.
    (c) The quarterly reports of sexual assaults involving Service 
members referred to in Sec. Sec.  105.5, 105.7, 105.14, 105.15, and 
105.16 of this part are prescribed by DoDD 5124.02 and have been 
assigned a DoD report control symbol in accordance with the procedures 
in DTM 12-004 and DoD 8910.1-M.
    (d) The Service Academy sexual assault survey referred to in Sec.  
105.16(c) of this part has been assigned DoD report control symbol in 
accordance with the procedures in DTM 12-004 and DoD 8910.1-M.

    Dated: March 18, 2013.
Patricia Toppings,
OSD Federal Register Liaison, Department of Defense.
[FR Doc. 2013-07804 Filed 4-10-13; 8:45 am]
BILLING CODE 5001-06-P
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