Vol. 78 Thursday, 

No. 70 April 11, 2013 

Part II 

Department of Defense 

32 CFR Part 105 

Sexual Assault Prevention and Response (SAPR) Program Procedures; 

Final Rule 


TKELLEY on DSK3SPTVN1PROD with RULES2
21716 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

1Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/640001p.pdf. 

2Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/640006p.pdf. 

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. 

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, precommand, 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.) 

(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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21717 

3Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/302041p.pdf. 

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. 

(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 highrisk 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 genderresponsive, 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21718 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

1Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/512402p.pdf. 

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 DoDwide 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 Courtsmartial, 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, preand 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 Courtsmartial, 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. 

§ 105.1 Purpose 

This part, in accordance with the 

authority in DoDD 5124.02 1 and 32 CFR 

part 103: 

(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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21719 

2Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/512402p.pdf. 

Forensic Examination (SAFE) Kit; can 

be found at http://www.sapr.mil/ 

index.php/toolkit; 

(c) Establishes the multidisciplinary 

Case Management Group (CMG) (see 

§ 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 

(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-ofVictims-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 CourtsMartial, 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-dodpolicies/directives-and-instructions; and 

(38) DoD 4165.66–M, ‘‘Base 

Redevelopment and Realignment 


TKELLEY on DSK3SPTVN1PROD with RULES2
21720 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

Manual,’’ March 1, 2006, can be found 

at http://www.dtic.mil/whs/directives/ 

corres/pdf/416566m.pdf. 

§ 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 § 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. 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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 DoDsponsored 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21722 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

3Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/891001m.pdf. 

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 retraumatization 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 retraumatization. 

(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. 

(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 cochairs 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 cochairs, participants, problem statement, 

key issues to address, issues outside the 

scope of the WIPT, timeline, 

deliverables, and expenses. 

§ 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 § 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 recoveryoriented 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 CourtsMartial, or for criminal investigative 

matters assigned to the IG, DoD. 

(d) Command sexual assault 

awareness and prevention programs and 

DoD law enforcement (see § 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 § 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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 § 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 § 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 § 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 

§ 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 § 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. 

§ 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 semiannual 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 § 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21724 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

(2) Oversee the requirements and 

procedures in § 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 § 105.3) and 

medical and mental health care that is 

gender-responsive, culturallycompetent, 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 § 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 

§ 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 

§ 105.14 of this part for training 

requirements.) 

(7) Establish policy that ensures 

commanders are accountable for 

implementing and executing the SAPR 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21725 

4Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/103002p.pdf. 

5Available: http://www.dodig.mil/HOTLINE/ 

Documents/DODInstructions/ 

DOD%20Directive%207050.06.pdf. 

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 § 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 § 105.15 and the annual 

reporting requirements in § 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 § 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 § 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

(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

(18) Establish Military Servicespecific 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 §§ 105.4(r) and 105.9 

of this part. 

(20) Appoint a representative to the 

SAPR IPT in accordance with § 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 § 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21726 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

(25) Establish procedures for 

supporting the DoD Safe Helpline in 

accordance with each Military Servicespecific 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 § 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 § 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 § 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 

§ 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. 

§ 105.6 Procedures. 

See § 105.7 through § 105.16 of this 

part. 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21727 

6Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/602518r.pdf. 

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 § 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 § 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. 

§ 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. 

(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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21728 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

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 § 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 

§ 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 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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 § 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 

§ 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21730 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

7Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/540011p.pdf. 

(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. 

(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. 

§ 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 Servicespecific 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 § 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 

§ 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 § 105.10 of this part. 

(v) Receive SARC training to follow 

procedures in accordance with § 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21731 

8Available: http://www.gpo.gov/fdsys/pkg/ 

PLAW–104publ191/pdf/PLAW–104publ191.pdf. 

9Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/103001p.pdf. 

10Available: http://ntl.bts.gov/DOCS/iga.html. 

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 § 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 Servicespecific MCIO procedures. Modified 

procedures applicable in cases of 

Restricted Reports of sexual assault are 

explained in § 105.12 of this part. 

(7) Require that a CMG is conducted 

on a monthly basis in accordance with 

§ 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 § 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. 

(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 § 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. 

(14) Require that MCIOs utilize the 

investigation descriptions found in 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21732 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

11Available: http://www.dtic.mil/whs/directives/ 

corres/pdf/124102p.pdf. 

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 § 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 § 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 

§ 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 

§ 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

(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 § 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 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21733 

12Available: http://www.gpo.gov/fdsys/pkg/ 

PLAW-107publ311/pdf/PLAW-107publ311.pdf. 

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 § 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. 

(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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21734 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

(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. 

§ 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 § 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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, culturallycompetent, 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 

(§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21736 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

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 DSAIDinterfaced 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 Servicelevel 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. 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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 § 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 genderresponsive, 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21738 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

(ii) Require that U.S. theater hospital 

facilities (Level 3, North Atlantic Treaty 

Organization role 3) (see § 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. 

§ 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, nonmilitary 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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. 

§ 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 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21740 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

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 oncall 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 highrisk situation. The CMG chair will 

immediately stand up a multidisciplinary 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. 

§ 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 § 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 § 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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 § 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 recoveryoriented. 

(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 Servicespecific training officers that maintain 

personnel training schedules. 

(1) Accessions training shall occur 

upon initial entry. 

(i) Mirror the General Training 

Requirements in § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21742 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

Training shall occur annually and 

mirror the General Training 

Requirements in § 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 

§ 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 § 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 § 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 DoDlevel SAPR information. 

(3) SAPR VA training shall: 

(i) Provide the responder training 

requirements in § 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 § 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 revictimization. 

(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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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 

§ 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 § 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 drugfacilitated 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 § 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 § 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 § 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
21744 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

(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 § 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 nonstranger 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 CourtsMartial, 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 § 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 § 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. 

§ 105.15 Defense Sexual Assault Incident 

Database (DSAID). 

(a) Purpose. (1) In accordance with 

section 563 of Public Law 110–417, 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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. 

§ 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 


TKELLEY on DSK3SPTVN1PROD with RULES2
21746 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

13Available: http://www.dod.gov/dodgc/images/ 

mcm2012.pdf. 

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 

§ 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. 

§ 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) 

(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., courtsmartial, 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. 


TKELLEY on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 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. 

§ 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 §§ 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 §§ 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 § 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 


TKELLEY on DSK3SPTVN1PROD with RULES2