LN · E-5 BIB · Entry 4 of 10 · Publication

NAVY SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM MANUAL

OPNAVINST 1752.1 · APPENDIX A; CHAPTER 2, F

CHAPTER 2

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2-2 k. Provide reports of sexual assault to the commanders of the combatant commands for their respective area of responsibility (AOR) on a quarterly basis or by request, as outlined in reference (d).

2. Navy Culture and Force Resilience Office (OPNAV N17) is designated as the CNO’s SAPR Officer and directs the implementation of Navy-wide SAPR efforts. OPNAV N17 will:

a. Chair the SAPR Cross-Functional Team (CFT) comprised of key stakeholder charter members (see Appendix E) to:

(1) Track, revise, and improve SAPR programs as part of overall DoD, DON, and Navy sexual assault prevention and response strategies.

(2) Coordinate and streamline SAPR efforts across the Navy.

(3) Assist with development of protocols to monitor and assess SAPR program effectiveness.

(4) Establish data collection procedures and issue policies to ensure standardized release of informational data.

b. Coordinate submission of quarterly, annual, and installation based SAPR data to the Secretary of Defense through the DON OFR as directed in references (b), (d) and (e).

c. Provide reports of sexual assault to the commanders of the combatant commands for their respective AOR on a quarterly basis or as requested.

d. Assist the Chief of Information Office (CHINFO) and local public affairs officers (PAO) in developing and implementing a public awareness plan that publicizes and promotes SAPR.

e. Develop and review requests for exceptions to policy by key stakeholders for forwarding to Under Secretary of Defense (Personnel & Readiness) (USD(P&R)) for consideration, with concurrence from CNO and Secretary of the Navy (SECNAV).

3. Commander, Navy Installations Command (CNIC) is responsible for managing, implementing, and overseeing installation SAPR programs. CNIC will:

a. Issue guidance to region and installation commands for management and implementation of the SAPR program.

(1) Ensure the installation commanders (ICO) or acting ICO chairs the multi-disciplinary case management group (CMG) on a monthly and quarterly basis.

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2-3 (2) Ensure installation SAPR programs incorporate a coordinated approach among medical, legal, investigative, security, and chaplain services, Fleet and Family Support Centers (FFSC), operational and tenant commands, and civilian resources to include the DoD Safe Helpline.

(3) Ensure Installation Sexual Assault Response Coordinators (SARC) are notified of every Restricted or Unrestricted Report of sexual assault on the installation to activate victim support and SAPR services.

(4) Establish and disseminate guidance that outlines SARC and other first responder responsibilities, to include No Wrong Door policies concerning warm handoff procedures, to underscore the importance of timely access to appropriate victim services and emphasize that a response from a SARC or Victim Advocate (VA) is required for each report of sexual assault.

(5) Establish procedures to adequately safeguard Personally Identifiable Information (PII) per DoD Directive 5400.11 and Department of Navy Records Management Program.

(6) Establish guidelines for Memorandums of Understanding (MOU) and Memorandums of Agreement (MOA) between installations and civilian agencies.

(7) Establish guidelines for standard operating procedures between tenant commands, transient commands, and Navy Installations. Assist in coordination of SAPR support for remotely located Navy commands not located on a military installation.

(8) Establish procedures to protect SAPR personnel from coercion, discrimination, reprisal, or retaliation, related to the execution of SAPR duties and responsibilities as outlined in reference (b), Volume 1.

b. Oversee and manage training completion, certification, and credentialing of all Navy SARCs and VAs, to include the Defense – Sexual Assault Advocate Certification Program (D- SAACP) certification and revocation guidelines stipulated in Chapter 9 and in references (b), (d) and (i).

(1) Develop all required initial and periodic refresher training curriculum for SARC and VA, incorporating the required content specified in Chapter 9, to include standardized procedures on how to properly triage and conduct warm handoffs involving victim disclosures of sexual assault, sexual harassment, and domestic abuse or intimate partner violence.

(2) Support other Navy SAPR stakeholders in the development and delivery of first responder training requirements as outlined in Chapter 9.

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2-4 (3) Ensure all SARCs and VAs complete the mandatory initial No Wrong Door training, per reference (j), and complete training on the standardized process for gathering appropriate information to facilitate referrals to other victim assistance programs.

(4) Ensure SARCs and VAs attend any DoD SAPRO Training and Education Center of Excellence (SAPRTEC) training as required.

c. Oversee and manage assignment and allocation of SARCs and VAs across the Navy to ensure at a minimum, one full-time SARC and one full-time SAPR VA are assigned for every 5,000 personnel Service-wide. SARCs will be assigned to installations only, not to commands. Additional SARCs and VAs may be assigned as needed.

d. Oversee, manage, and audit for completeness and accuracy SARC Defense Sexual Assault Incident Database (DSAID) data entry, access, and maintenance, directed by references (b), (d) and this instruction.

e. Establish procedures and protocols to ensure all SAPR program marketing and print educational materials be approved by CNIC Headquarters (HQ) and endorsed by the Office of the Judge Advocate General (OJAG) and CNIC HQ PAO.

(1) Establish protocols and procedures to ensure standardization and consistent messaging regarding collaboration with local private or public sector entities or utilization of social media.

(2) Establish procedures for supporting use of the DoD Safe Helpline as the sole DoD hotline for both crisis intervention and facilitation of victim reporting though connection to the nearest local SARC or VA and other resources. Procedures must include, but are not limited to, publicizing the DoD Safe Helpline to SARC and Service members, providing and updating contact information for the DoD Safe Helpline referral database, and providing timely responses to reports facilitated through use of the DoD Safe Helpline.

f. Develop and coordinate delivery of pre-deployment and post-deployment SAPR training.

g. Assist OPNAV N17, COMUSFLTFORCOM, COMPACFLT, COMUSNAVEUR- NAVAF, Navy Reserve Forces (COMNAVRESFOR), and BUMED in monitoring and assessing SAPR program effectiveness.

h. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons learned, aggregate data) to inform stakeholders and drive policy, training, and resourcing improvements.

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2-5 4. Defense Health Agency (DHA) establishes guidance, assigns responsibilities, and directs military treatment facilities (MTF) and dental treatment facilities (DTF) to provide medical readiness services per reference (k).

5. Chief, Bureau of Medicine (BUMED) will:

a. Develop and ensure that the standards of medical treatment in operational and deployed environments for victims of sexual assault as stipulated in references (b), references (d) through (f), and references (k) through (1) are responsive to the sex of victim, culturally sensitive, and recovery-oriented, and that they minimize secondary and re-1victimization, and assure that victims are given priority and treated as emergency cases.

(1) Ensure all operational and deployable clinical settings have established, in writing, treatment protocols that account for the sex of the victim for the management of sexual assault victims. All MTFs and DTFs will follow policies and procedures outlined in references (b), (d), (k), and (l).

(2) Emergency case treatment in operational and deployed environments will consist of emergency medical care and the offer of a Sexual Assault Forensic Exam (SAFE). The victim will be advised that even if a SAFE is declined, they can receive medical care, psychological care, and victim advocacy.

(3) Require healthcare personnel in operational and deployed environments, including psychotherapists and medical forensic examiners, to notify a SARC or VA upon receipt of a report of sexual assault, regardless of whether the victim elects to file a Restricted or Unrestricted Report subject to the requirements outlines in reference (m). Medical treatment will not be delayed or denied; however, the patient must first elect to file a Restricted or Unrestricted Report in order to receive a SAFE.

b. Develop and publish the plan for the availability of medical sexual assault response capability on a 24 hours per day, 7 days a week basis while in a deployed or operational environment. Navy personnel assigned to MTFs and DTFs will follow policies and procedures outlined in references (b), (d), (k), and (l) in relation to civilian facilities retained by the MTFs and DTFs under a MOU or MOA.

(1) Include procedures for collecting, examining, and forwarding of forensic evidence for Restricted and Unrestricted Reporting options by a trained Sexual Assault Medical Forensic Examiner (SAMFE) in operational and deployed environments.

(2) Ensure all operational and deployable clinical settings provide medical forensic exams in-house also perform subject exams. Providers who perform subject exams must be SAMFE-trained.

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2-6 (3) Issue guidance to ensure MOU and MOA with civilian facilities include:

(a) Minimum standards for acceptable processes and procedures when utilizing local MTFs, ensuring that the local community standards meet or exceed those set forth in references (b), (d), (k), and (l).

(b) The distance and length of time to travel to the local MTF.

(c) Credential and training requirements of local medical personnel who will perform a SAFE.

(d) The ability to perform a SAFE 24 hours a day, 7 days a week.

(e) Procedures for evidence turnover.

(f) MOU and MOA are appropriate and current.

(4) Navy personnel assigned to MTFs and DTFs will publicize availability of medical treatment (to include behavioral health) and referral services for victims, witnesses, and subjects who are eligible for treatment in the Military Health System (MHS), per the policies and procedures set forth in references (b), (d), (k), and (l).

c. Navy personnel assigned to MTFs and DTFs will follow procedures and protocols per references (k) and (l) to ensure all MTF protocols meet local procedures for providing access to SAFE. At a minimum, all MTFs with a 24 hours per day, 7 days a week emergency room must:

(1) Maintain an on-site capability to initiate SAFE, along with SAFE kit collection and preservation, within 1 hour of the procedure being requested by a patient, SAMFE, or designated law enforcement agency (LEA) official, as appropriate. In addition, protocols must be developed, and training instituted to ensure chain of custody is maintained for SAFE kits collected by any Navy healthcare personnel.

(2) Have at least one full-time SAMFE on staff.

d. Ensure that evidence collection procedures in operational and deployed environments are the same for Restricted and Unrestricted Reports of sexual assault to include:

(1) Implementing procedures to provide the victim information regarding the availability of a SAFE kit and the option of refusing to have any portion of the entire SAFE kit conducted when reporting sexual assault incidents. The SAMFE must use a DoD SAFE kit and the most current edition of the Department of Defense (DD) Form 2911 DoD SAFE Report.

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2-7 (2) Ensuring healthcare personnel maintain the confidentiality of a Restricted Report to include communications with the victim, the SAMFE, and the contents of the SAFE kit, unless an exception to Restricted Reporting applies.

(3) Ensuring collaboration with the Naval Criminal Investigative Service (NCIS), other local military criminal investigative office (MCIO), LEA officials, and judge advocates to ensure the legal requirements of evidence collection (e.g., chain of custody) are followed. Upon completion of the SAFE kit and securing of the evidence, the SAMFE will turn over the material to NCIS or the responsible MCIO, as determined by the selected reporting option.

(4) Ensuring that SAFE kits will not be held or stored in the operational or deployed environment for longer than 5 days unless unable to transfer to an appropriate location due to operational considerations per reference (1).

e. Ensure that personnel in operational and deployable clinical settings receive first responder SAPR and SAFE training, to include No Wrong Door training and warm handoff procedures, to underscore the importance of timely access to appropriate victim service. Navy personnel assigned to MTFs and DTFs will follow policies and procedures outlined in references (k) and (l).

(1) All SAMFEs treating victims in operational and deployed environments must be familiar with the concept of trauma-informed care and be trained to recognize pre-existing trauma.

(2) They will receive baseline initial and periodic refresher responder training, incorporating the roles and responsibilities of SAMFEs as outlined in references (b), (d), (e), (k), and (l) and this instruction.

(3) Ongoing training for SAMFEs must be sufficient to maintain a broad-based capability to collect and preserve SAFE kits.

(4) SAMFEs must complete all training required under the training and certification programs by the date of assignment to this position.

f. Navy personnel assigned to MTFs and DTFs will oversee and evaluate the performance of SAPR procedures by medical personnel under BUMED authority. Navy personnel assigned to MTFs and DTFs will follow procedures and protocols on the oversight and evaluation of the performance of SAPR procedures per references (b), (d), (k), and (l).

g. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons learned, aggregate data) to advise stakeholders and drive policy, training, and resourcing.

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2-8 h. Only COs of Service member sexual assault victims, MTF or DTF COs, or MTF or DTF directors are authorized to approve convalescent leave. COs of victims, MTF or DTF COs, or directors assigned to MTFs or DTFs (depending on who has jurisdiction over the facility) will assess and grant non-chargeable convalescent leave to Service members for treatment of and recuperation from sexual assault based on a recommendation from a medical or mental healthcare provider or SAMFE.

(1) Convalescent leave is available for both Restricted and Unrestricted Reports and may be approved to start immediately following the release from a medical facility, the completion of a SAFE, or the completion of an appointment with a medical or mental healthcare provider after the sexual assault incident is reported.

(2) Convalescent leave for military victims who file a Restricted Report may be approved by MTF or DTF COs or directors as “healthcare personnel.”

(3) Convalescent leave that is approved may range from 1 day to 30 days. There is no cumulative limit to the number of days of convalescent leave that may be granted.

6. Office of the Judge Advocate General (OJAG) is responsible for establishing a timely, effective, worldwide capability to support the prosecution and defense of covered offenses outlined in references (b) and (e). The Office of Special Trial Counsel (OSTC) is responsible for carrying out the duties outlined in 10 U.S.C. 824a, which include exercising exclusive and independent authority to refer covered, known, and related offenses, as defined in reference (a), which occur after 27 December 2023. The office is led by a Lead Special Trial Counsel (LSTC) who reports directly to the Secretary of the Navy with no intervening authority. The Judge Advocate General (JAG) is responsible for organizing, manning, training, and equipping requirements identified by the LSTC. The JAG will certify Special Trial Counsel (STC) as qualified per Article 24a, Uniform Code of Military Justice (UCMJ) by reason of education, training, experience, and temperament. The LSTC is responsible to the Secretary of the Navy for the effective operations of the OSTC, and as such, will independently identify requirements for organizing, manning, training, resourcing, and equipping the OSTC. The OJAG must:

a. Oversee and manage the special victim investigation and prosecution (SVIP) capability for prosecution and legal support. SVIP prosecutors will be assigned to litigate, oversee, or assist in the prosecution of SVIP capability cases based upon the severity of cases, as determined by supervisory attorneys.

(1) Certify that SVIP capability prosecutors possess the requisite litigation skills, professionalism, and leadership to provide the highest quality of legal representation for the government and support to victims in SVIP capability cases, under established service certification standards. Selected prosecutors must be capable of supervising, mentoring, and training junior counsel while providing candid, independent legal advice and expert prosecutorial support in SVIP capability cases.

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2-9 (2) Ensure that all SVIP capability paralegals and administrative legal support personnel possess the requisite knowledge, training, and experience to qualify them to provide the broad variety of legal support required in SVIP capability cases under the supervision of an attorney.

(3) Require appropriate training for all SVIP capability and OSTC legal personnel to provide victims with an understanding of their rights and information required to be provided during the investigation and court-martial process in a competent and sensitive manner.

(a) Ensure all victims who make unrestricted reports of sexual assault are informed of their rights under the Victim Witness Assistance Program (VWAP) and that they receive a copy of form DD Form 2701, Initial Information for Victims and Witnesses of Crime, from DoD LEA officials, mandated by references (b), (d), and (n). For covered offenses, this duty will be accomplished by personnel assigned to the OSTC, consistent with policies established by the OSTC.

(b) Establish procedures to ensure counsel for the government provide a victim access to, or a copy of, the Article 32 (UCMJ) preliminary hearing recording upon request.

(c) Establish procedures to ensure that a copy of the record of trial is provided to the victim or their legal counsel upon request in the case of a general or special court-martial involving a sexual assault.

(4) Enable SVIP capability personnel to support local staff judge advocate (SJA) and responsible legal offices in the provision of candid, professional legal advice to CO and convening authorities in special victim cases.

(5) Provide dedicated SVIP capability and OSTC trial support resources, such as trial counsel assistance program personnel or highly qualified experts, to assist in training and consulting as necessary in SVIP capability and covered offense cases. Judge advocates serving as trial counsel for a sexual assault case must ensure VWAP compliance.

(6) Designated SVIP prosecutors will collaborate with local SARC, VA, and Family Advocacy Program (FAP) staff during all stages of the military justice process to ensure an integrated capability.

(a) The SVIP capability legal counsel must promptly meet or consult with the assigned MCIO within 48 hours after the designation of an investigation as meeting SVIP capability requirements.

(b) The SVIP capability legal counsel must meet or consult with MCIO and NCIS counterparts (e.g., SVIP capability members) at least monthly to assess progress in the investigation or prosecution of a covered offense, including ensuring any matter raised by the victim or a person designated to assist or represent the victim is properly met.

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2-10 b. Ensure coordination with SJA Office concerning foreign criminal jurisdiction over sexual assault cases is completed before proceeding with an investigation or evidence collection.

c. Create and maintain integrated professional development and training initiatives focused on enhancing Naval Legal Service Command (COMNAVLEGSVCOM) and OSTC prosecution capability of special victim and covered offenses. The JAG will also carry out training requirements identified by the LSTC.

(1) Establish and maintain selection, certification, and training standards aimed towards achieving fully integrated investigation, prosecution, and victim support. For covered offense cases, the JAG will certify STC per Article 24a, UCMJ.

(2) Ensure special training and certification of VLC personnel to support eligible victims with training on rights, support, recovery, advocacy, legal advice, and assistance.

d. Conduct regular reviews of military justice training, manning, and processes to ensure all requirements are met, and identify and disseminate best practices throughout the Navy legal community.

e. Establish, publish, and execute VWAP and VLC procedures to ensure that information and services are provided to victims, as directed by reference (n) and (o). In the case of VWAP procedures, the JAG will establish and publish those procedures in coordination with the LSTC.

f. Designate a legal officer to coordinate with other DSAID Program Managers (PM) and NCIS for the collection and submission of the quarterly and annual Unrestricted Report incident data and analysis as outlines in references (b) and (d).

g. Review all locally developed and third-party SAPR marketing and educational materials.

h. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons learned, aggregate data) to advise stakeholders and drive policy, training, and resourcing.

7. Naval Criminal Investigative Service (NCIS) will:

a. Develop policy and procedures and oversee implementation for NCIS adult sexual assault investigations and SVIP capability per references (p) and (q) and develop policy and procedures for notification of OSTC of covered offense cases.

b. Coordinate with DSAID legal officers and DSAID PM for the collection and submission of the quarterly and annual Unrestricted Report incident data and analysis as outlined in references (b) and (d).

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2-11 c. As a SAPR CFT charter member, provide updates on germane information (e.g., initiatives, best practices, lessons learned) to advise stakeholders and drive policy, training, and resourcing.

8. Navy Chief of Chaplains (CHC) will:

a. Establish and provide standards for initial and periodic sexual assault training for chaplains and religious ministry personnel, incorporating the required content as outlined in Chapter 9 of this instruction, to include No Wrong Door training and warm handoff procedures, and to underscore the importance of timely access to appropriate victim services.

b. Ensure chaplain participation in CMG meetings as outlined in Chapter 7 of this instruction.

c. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons learned, aggregate data) to advise stakeholders and drive policy, training, and resourcing.

9. Chief of Information Office (CHINFO) will:

a. Develop and implement a strategic communications plan that supports Navy’s SAPR program in coordination with OPNAV N17 and other major stakeholders.

b. Publicize SAPR outreach, public awareness, prevention, response, and oversight initiatives and programs.

c. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons, learned, aggregate data) to advise stakeholders and drive policy, training, and resourcing.

10. Naval Education Training Command (NETC) will:

a. Develop SAPR training curriculum for Service members as required by references (b) and (d) and Chapter 11 of this instruction.

(1) OPNAV N17, OJAG, and CNIC will be consulted as subject matter experts (SME) throughout the curriculum development process.

(2) Ensure SAPR awareness, intervention, response, and prevention content is incorporated into leadership development training and professional military education (PME) for officers and enlisted, with the content tailored to the appropriate level of supervisory responsibility.

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2-12 (a) Identify training and PME gaps and touchpoints for infusing information on the appropriate response to sexual assault and retaliation associated with allegations of sexual assault.

(b) Routinely revise and update training modules on the appropriate response to sexual assault and retaliation associated with allegations of sexual assault to reflect current statutes, policies, and regulations.

b. Ensure NETC SAPR education and training strategy is aligned with and supports Navy’s overall SAPR program.

c. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons learned, aggregate data) to advise stakeholders and drive policy, training, and resourcing improvements.

11. Commander, Navy Personnel Command (COMNAVPERSCOM) will process, track, and provide OPNAV N17 quarterly updates regarding expedited transfer requests.

12. Fleet Commanders are responsible for overseeing SAPR program execution across each AOR. For purposes of this instruction, Fleet Commanders are the supported commanding officer (CO); Region Commanders (REGCOM) and ICOs are the supporting CO. Fleet Commanders will:

a. Establish routine coordination meetings with appropriate installation and local command representatives, as well as with local community and civic leaders to review SAPR program efforts. Local NCIS representatives, region legal service offices, and installation SARCs will be included in these coordination meetings whenever possible. Operational Flag Officers (FO) assigned to command positions, but not designated as lead for an oversight group, will participate to the maximum extent practicable.

b. Ensure that community outreach and engagement (including region and installation CO cooperation, coordination, and consultation with local LEA, hospitals, and businesses) are part of each AOR’s prevention and response measures.

c. Inform OPNAV N17 of all SAPR program related site visits or initiatives by superior commands (e.g., DoD, DON, Naval Inspector General (NAVINSGEN), Naval Audit Service, etc.) within 48 hours of notification of visit.

d. As a SAPR CFT charter member, provide updates on germane information (e.g., network issues, best practices, lessons learned, aggregate data) to advise stakeholders and drive policy, training, and resourcing improvements.

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2-13 13. Region Commanders (REGCOM) are responsible for overseeing SAPR program execution across their assigned region, including associated Navy installations and local commands. For purposes of this instruction, Fleet Commanders are the supported CO; REGCOMs and ICOs are the supporting CO. REGCOMs will:

a. Coordinate with the Region SARC (RSARC) to provide overall local management of the SAPR program.

b. Issue guidance to ICOs for management and implementation of the Navy SAPR program. This guidance must include, but should not be limited to:

(1) Ensuring SARC and VA have appropriate, continuous access to command spaces to perform their duties.

(2) Ensuring installation SAPR programs incorporate a coordinated approach between medical, legal, investigation, security, chaplain services, FFSCs, operational and tenant commands, and civilian resources.

c. Establish regional policy to ensure deployed and tenant commands hosted on Navy installations use existing installation SAPR support and do not have SAPR response protocols that operate independently from the installation.

d. Ensure monthly and quarterly CMG meetings are conducted, as required by references (b), (d), and (e).

14. Installation Commanders (ICO) are responsible for overseeing SAPR program execution across their installations. ICOs will:

a. Implement and execute an effective local SAPR program to incorporate a coordinated approach between medical, mental health, legal, investigative, security, chaplain, and SAPR services.

(1) Oversee and coordinate with the installation SARC on overall local management of the SAPR program.

(2) Allow for direct and unimpeded contact with the installation or lead installation SARC; this responsibility cannot be delegated.

(3) Ensure all SAPR matters are coordinated through the installation and that deployed and tenant commands hosted on Navy installations use existing installation SAPR support and do not have SAPR response protocols that operate independently from the installation.

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2-14 (4) Develop guidelines to establish a 24 hours per day, 7 days a week sexual assault response capability for the installation, inclusive of transient, tenant, and deployed commands.

b. Chair monthly CMG meetings to review all open Unrestricted sexual assault cases, facilitate case updates, and discuss process improvements to ensure quality services are available; and chair quarterly CMG meetings to discuss systemic issues, review procedures, and coordinate resources and services for the SAPR Program per references (b), (d), and Chapter 4 of this instruction.

(1) Ensure supported commands from other Military Services are invited to attend the CMG meetings as appropriate.

(2) Ensure COs of remote commands not on or near a Navy installation (e.g., Navy recruiting districts, Naval Reserve Center (NRC)) are invited to attend the CMG meetings as appropriate.

c. Identify and maintain a liaison with local civilian sexual assault victim resources.

(1) Use local community crisis counseling centers, as necessary, to augment or enhance the installation’s SAPR program.

(2) Participate in private or public sector sexual assault councils, as appropriate.

(3) Verify that the local NCIS office has established jurisdiction policies with local LEA.

(4) Verify that victims are provided information about the local medical and counseling services that may not be available at the MTFs but are covered by military healthcare benefits.

15. Commanding Officers (CO), Commanders, and Officers in Charge (OIC) will:

a. Obtain a customized SAPR brief and CO’s Toolkit from the installation SARC and obtain training from a judge advocate on specific privileges, retaliation concepts, the Military Rule of Evidence (MRE) 514, sexual assault initial disposition authority, and case disposition reporting requirements within 30 days of assuming command.

(1) The deputy or executive officer (XO), assistant OIC, Command Master Chief (CMC) or senior enlisted leader (SEL), and SAPR Officer (if assigned), must also complete a toolkit brief.

(2) COs who have multiple command positions must obtain a customized SAPR brief and CO’s Toolkit for each command assigned.

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2-15 b. Conduct a command climate assessment within 90 days after assumption of command and annually as follow-up assessments during their command tenure as outlined in reference (r).

c. Conduct a one-time mandatory review of each Service member's Official Military Personnel File for notation of sex-related offenses (Field Code 91) within 30 days of newly reporting personnel being permanently assigned to the command. If a Field Code 91 is found, reference (s) outlines the procedures to put in place at the offender’s assigned installation.

d. Assess levels of command compliance with SAPR program requirements and develop a comprehensive command prevention and response plan for allegations of sexual assault using the Commander Responsibilities Checklist (Appendix F).

(1) Coordinate with the installation SARC to establish and maintain an immediate, coordinated, and effective 24 hours per day, 7 days a week sexual assault response capability and timely access to appropriate victim services, including medical care, victim advocacy, Victims’ Legal Counsel (VLC), counseling, criminal investigation of unrestricted reports, VWAP information, and chaplain support in all locations, to include deployed locations, and when installation response resources are not available.

(2) Inform the ICO of any necessary supporting service requirements.

(3) Identify first responders and ensure all first responders are properly trained.

(4) Designate a minimum of two Unit Victim Advocates (UVA), with one being the Administrative Unit Victim Advocate (AUVA). COs may designate more than the minimum number, but care should be taken to maintain an appropriate ratio of UVAs to overall command size. UVAs will be volunteers to the position to safeguard the reliability and integrity of the SAPR program. UVAs of different ranks and of both sexes are desired to provide victims with the opportunity to interact with a UVA they are comfortable with.

(5) Ensure all SARCs and VAs assigned to the command meet the requirements described in reference (e) and outlined in Chapter 9, including guidance regarding certification, suspension, and revocation of Department of Defense Sexual Assault Advocate Certification Program (D-SAACP) certifications.

(6) Ensure small group discussions are conducted at every level of leadership. Small group discussions should reflect the force-wide commitment to building great people, leaders, and teams, and not tolerating, condoning, or ignoring sexual assault. People, leaders, and teams should work collaboratively to foster a culture of dignity and respect to enhance unit connectedness and cohesion and reduce risk factors that propagate toxic work environments, sexual harassment and sexual assault, and self- and other-directed harm.

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2-16 e. Attend the installation CMG when they are the immediate CO of a victim of sexual assault per Chapter 4 of this instruction and provide the victim with an update on their case within 72 hours of the CMG.

f. COs of remote commands, such as Navy recruiting districts, NRCs, Naval Reserve Officer Training Corps (NROTC) units and other commands not on or near Navy installations and not serviced by local or another DoD or Services’ SAPR program assets (e.g., a recruiting district or station supported by a SARC from another Service), will develop effective victim response procedures that use local community resources to meet the unique needs of command and personnel assigned.

16. SAPR Officers serve in an administrative role and will be, at a minimum, O-3 and above. They are assigned to designated region commands, Echelon 2 commands, and Echelon 3 Type commands (TYCOM) to support the SAPR program and other Navy Culture and Force Resilience initiatives within their respective AOR. SAPR Officers will not work directly with victims nor have access to DSAID or PII regarding specific cases.

a. All SAPR Officers will:

(1) Work collaboratively with the region and installation SARC to:

(a) Ensure policy and procedural compliance by all subordinate commands and implementation of SAPR mandates as appropriate.

(b) Monitor and analyze sexual assault and other Navy Culture and Force Resilience data and trends.

(c) Monitor and track implementation of SAPR and other Navy Culture and Force Resilience initiatives and requirements by subordinate commands.

(2) Complete 40 hours of Navy’s Initial SAPR VA Training, facilitated through the local SARC, and SPARTEC training at the first available opportunity or as soon as practicable.

(3) Communicate and coordinate with OPNAV N17 for policy and oversight.

b. Region SAPR Officer duties should include, but are not limited to:

(1) Acting as an advisor to the REGCOM on matters relating to the SAPR program and other Navy Culture and Force Resilience initiatives.

(2) Serving as the point of contact for Echelon 2 SAPR Officer synchronization as well as for data calls and requests for information.

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2-17 (3) Recommending best practices and lessons learned on processes, events, and trainings.

c. TYCOM and Fleet SAPR Officer duties should include, but are not limited to:

(1) Acting as primary advisor to the TYCOM or Fleet Commander on all matters relating to the SAPR program.

(2) Serving as a liaison between subordinate commands and chain of command regarding all aspects of the SAPR program implementation and coordinate with the appropriate SAPR stakeholders.

d. SAPR Officers are not victim-facing and are not permitted to become D-SAACP certified. SAPR Officer positions that have been D-SAACP certified will have their certification immediately revoked.

17. SAPR Program Managers (SAPR PM) as defined in OPNAVINST 1752.1C and identified by the CO are no longer authorized under this instruction. The only SAPR PM roles authorized by this instruction are hired through CNIC HQ authority and are D-SAACP certified.

18. Region SARC (RSARC) serve as SME for the SAPR program, and coordinate and oversee program execution within their assigned AOR. In some locations, these positions are also referred to as SAPR PM or Supervisory SAPR Program Administrators. RSARC will:

a. Coordinate SAPR activities (e.g., initiatives, training, etc.) across the AOR.

(1) Establish guidance and disseminate best practices and lessons learned to subordinate SARCs assigned to the AOR.

(2) Collaborate and coordinate with CNIC, SAPR Officers, ICO, and other SARCs as needed.

(3) Assist remote commands in developing response protocols.

b. Oversee and manage DSAID entry completion and accuracy by subordinate SARCs.

c. Meet all D-SAACP requirements outlined in Chapter 9 of this instruction and references (b) and (e).

(1) Oversee the D-SAACP requirements for all VAs within the AOR and ensure all requirements in Chapter 9 are followed.

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2-18 (2) Conduct and manage training, certification, and credential application submission for VAs. This will include storing copies of completed DD Forms 2950 and 2950-1 submitted by subordinate SARC for D-SAACP credentialing.

19. Installation SARC serve as SME for the SAPR program on their assigned installations and are the single point of contact (POC) for coordinating appropriate and responsive care to victims. Installation SARCs will:

a. Present SAPR program requirements and the CO’s Toolkit brief to all newly reporting CO, XO, OIC, CMC, SEL, and SAPR Officer, (if assigned) within 30 days of assuming their duties.

b. Co-chair monthly CMG meetings to review individual cases of Unrestricted Reports of sexual assault as outlined in Chapter 5. This responsibility is not delegable.

c. Meet all D-SAACP requirements outlined in Chapter 9 of this instruction and references (b) and (e). d. Oversee the D-SAACP requirements for all VA on the installation and ensure all requirements in Chapter 9 are followed.

e. Conduct and manage training, certification, and credential application submission for VA, including storage of completed DD Forms 2950 and 2950-1 by VA for D-SAACP credentialing.

20. Sexual Assault Response Coordinators SARCs serve as SME on the SAPR program and are the single POC for coordinating appropriate and responsive care to victims. SARCs will:

a. Serve as the primary coordinator of care and services for victims of sexual assault, and provide oversight on consistent, standardized SAPR program practices to support victims and facilitate communication and transparency among responders who provide support services. SARC will:

(1) Use the SARC and VA Response Checklist (Appendix G) when responding to victims of sexual assault, to ensure consistent, standardized response to victims.

(2) Coordinate with CO, DoD law enforcement, MCIO representatives, command legal personnel, healthcare personnel, and civilian authorities, as appropriate, for the purpose of facilitating protocols and procedures to activate victim advocacy on a 24 hours per day, 7 days a week basis for all reported incidents of sexual assault.

(3) Confirm MTF and local healthcare personnel have developed procedures to notify the SARC or VA of all reported sexual assaults.

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2-19 b. Meet all D-SAACP requirements outlined in Chapter 9 of this instruction and references (b) and (e).

c. Coordinate, oversee and monitor training and advocacy services provided by VAs.

(1) Familiarize CO and supervisors with the various VA roles and responsibilities, to include the “Supervisor and Commander Statement of Understanding” outlined on the DD Form 2950, “Department of Defense Sexual Assault Advocate Certification Program (D-SAACP) Application Packet for New Applicants” and DD Form 2950-1, “Department of Defense Sexual Assault Advocate Certification Program (D-SAACP) Renewal Application Packet for Renewal Applicants.”

(2) Maintain a watch bill of VAs assigned to Navy installations and deployable commands.

(3) Assist VAs with facilitating SAPR program training as requested.

(4) Oversee the D-SAACP requirements for VAs within the AOR and ensure all requirements in Chapter 9 are followed.

(5) Conduct and manage training, certification, and credential application submission for subordinate VA under their purview.

d. Collect data and provide case management for reported sexual assaults per Chapters 3, 5, and 7 of this instruction.

e. Coordinate with SAPR personnel to ensure all Service members, family members, and civilian personnel are made aware of Navy and civilian resources available to assist victims of sexual assault.

(1) Facilitate ongoing training of DoD and civilian first responder personnel on the SAPR policy, program, and the roles and responsibilities of SAPR personnel.

(2) Facilitate the development and collaboration of SAPR public awareness campaigns and local events throughout the year.

(3) Ensure the DoD Safe Helpline is publicized on all outreach materials and installation websites.

(4) Use only the SAPR training materials provided by CNIC. Any other SAPR training must be approved by CNIC and OJAG, Code 20.

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2-20 21. Victim Advocates (VA) are supervised by SARC and serve as the primary providers of non- clinical crisis interventions, referrals, and ongoing support to victims of sexual assault. These individuals do not coordinate care, launch investigations, nor provide legal advice, but instead offer advocacy and assistance to victims in navigating the processes required to obtain such services in the aftermath of a sexual assault. Civilian SAPR VAs and UVAs will:

a. Provide victim advocacy services to eligible sexual assault victims.

(1) Use the SARC and VA Response Checklist (Appendix G) when responding to victims of sexual assault to ensure a consistent, standardized response.

(2) Notify the supervising SARC within 24 hours of all reports of sexual assault in a deployed environment.

(3) Maintain the privacy and confidentiality of victims. VA communications with a victim of sexual assault are protected under MRE 514 and SAPR program ethical responsibilities. They cannot be disclosed to anyone other than the supervising SARC without the express permission of the victim and a need to know.

(4) Accompany the victim to interviews, appointments, and medical and legal proceedings, if requested by the victim.

(5) Attend the monthly sexual assault CMG to ensure the victim’s needs are met, if assigned to an open Unrestricted case.

b. Meet all D-SAACP requirements in Chapter 9 of this instruction and reference (e).

c. Ensure all SAPR program matters are coordinated with the supervising SARC.

d. Conduct training and outreach regarding the SAPR program, as needed.

e. Ensure all locally developed SAPR marketing and educational materials, including those developed by third parties, are approved by CNIC.

f. Participate in the command resilience team (CRT), if assigned, and meet all CRT requirements per reference (t).

22. Deployed Resiliency Counselors (DRC). For purposes of the SAPR program, when DRCs are acting in the capacity of a SAPR VA, this instruction will refer to DRCs as VA. DRCs will:

a. Serve as a liaison to the homeport installation SARC; and,

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2-21 b. Be fully trained as a VA and serve as a VA when necessary and meet all requirements outlined in VA responsibilities in this instruction. DRC will provide immediate response, needs assessment, referrals, and coordination in response to allegations of sexual assault to include:

(1) Receiving and assisting victims in filing a DD Form 2910, “Victim Reporting Preference Statement” for Restricted and Unrestricted Reports.

(2) Ensuring victims are assigned a VA if desired.

(3) Ensuring victims receive appropriate medical care, if needed.

(4) Utilizing the SARC and VA Response Checklist (Appendix G) when responding to victims of sexual assault, to ensure consistent, standardized response to victims.

(5) Coordinating with the installation SARC to ensure the CO is notified within 24 hours of Restricted and Unrestricted Reports filed within the command.

c. Provide SAPR shipboard training, as needed.

d. Ensure all locally developed SAPR marketing and educational materials are approved by CNIC HQ SAPR.

23. Administrative Unit Victim Advocates (AUVA) are mandatory command positions responsible for overseeing all command administrative SAPR matters with a supervising SARC. AUVAs must be designated in writing by the CO as well as maintain direct access to the CO and are required to complete all required CNIC-directed training with the local SARC within 30 days of being designated. These individuals will not act in the capacity of a SARC. Their primary responsibility is to ensure command SAPR program compliance and to maintain all command records, documents, and instructions related to the Navy SAPR program. The AUVA will:

a. Work in coordination with the supervising SARC on all matters of victim response within the command and assist the command in writing, and providing the SARC copies, any sexual assault personnel related incident reports (OPREP) required per reference (u) and Chapter 3 of this instruction.

b. Conduct regular assessments of the command SAPR program to include:

(1) Coordinating with the CO and supervising SARC to ensure the Commander Responsibilities Checklist (Appendix F) stays current, and,

(2) Utilizing the Command Assessment Tool (OPNAV 1752/3) to prepare for visits, inspections and assessments concerning the command SAPR program, as well as on an on-going basis to evaluate command compliance with this instruction and all applicable directives.

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2-22 c. Oversee and document all SAPR training requirements for command personnel, to include:

(1) All training requirements in Chapter 11 of this instruction and all applicable instructions.

(2) Local command awareness of how to contact a SARC, VA or the Safe Helpline; and,

(3) Specialized training for Command Duty Officers (CDO), Staff Duty Officers (SDO), and Officers of the Deck (OOD) on the proper procedures of how to respond to a report of sexual assault.

d. Promote awareness of the SAPR program within the command by utilizing plan of the week notes, emails, and quarters to market awareness of prevention and response efforts and ensuring opportunities throughout the year are used to promote sexual assault awareness and prevention.

e. Maintain a Command SAPR binder (electronic or hard copy) in a secure location to ensure no unauthorized access or content modification occurs without the knowledge of the AUVA. The binder will not be used to store SAPR case records nor contain victim PII. Contents of the binder will include:

(1) Command information:

(a) Copies of the command UVA roster.

(b) Copies of all command UVA designation letters.

(c) The most current Commander Responsibilities Checklist (Appendix F) and Command Assessment Tool (OPNAV 1752/3), with documented dates of when items were completed.

(2) Blank SAPR forms:

(a) NAVPERS 1070/887 Sex Offense Accountability Record (August 2014).

(b) DD Form 3114 Uniform Command Disposition Report.

(3) Current instructions:

(a) DoD Directive 6495.01

(b) DoD Instruction 6495.02

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2-23 (c) SECNAVINST 1752.4

(d) This instruction

(e) OPNAVINST F3100.6

(f) BUMEDINST 6310.11

(4) Current SAPR NAVADMIN

(5) SAPR CMT completion

(6) Training presentations:

(a) CMT presentation

(b) Indoctrination presentation

(c) Leadership training

(d) Annual awareness training

(e) Safety stand-downs

(f) Pre- and post-deployment training

(7) Copy of Fleet Training Management Planning System report

(8) Command activities related to awareness and prevention

(9) Updated list of SAPR resources

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3-1 CHAPTER 3 REPORTING OPTIONS AND REQUIREMENTS

1. Reporting Options. Reporting a sexual assault through the Navy Sexual Assault Prevention and Response (SAPR) program is separate from reporting the assault to law enforcement (LE) and Naval Criminal Investigative Service (NCIS) and launching an investigation. There are two official reporting options for victims of sexual assault within the SAPR program: Restricted Reports and Unrestricted Reports. Only Sexual Assault Response Coordinators (SARC) and victim advocates (VA) are authorized to accept and file official reports of sexual assault from a victim using a signed DD Form 2910. A victims’ communications with the SARC or VA are protected by confidentiality requirements found in Military Rule of Evidence (MRE) 514 and references (b) and (e), subject to mandatory reporting exceptions, and can only be disclosed to those with a need to know and with the victim’s consent. Eligibility for personnel to file Restricted or Unrestricted Reports is outlined in Chapter 1, section 3 of this instruction.

a. Unrestricted Reports. This reporting option triggers SARC notification to the command, NCIS notification and investigation, Victim/Witness Protection Program rights, Case Management Group oversight, and potential command actions (e.g., personnel transfers, military protective orders), as outlined in Chapter 4 of this instruction. Unrestricted Reporting allows victims access to medical treatment, counseling, and legal services, participation in the Catch a Serial Offender (CATCH) program (in cases when the victim did not disclose the identity of their subject to LE), and assignment and services of a SARC or VA. When a sexual assault is reported through Unrestricted Reporting, a SARC will be notified, respond or direct a VA to respond, offer the victim healthcare treatment and a Sexual Assault Forensic Exam (SAFE) and inform the victim of available resources, as well as explain the contents of the DD Form 2910 and request that the victim elect a reporting option on the form.

(1) If the victim chooses to file an Unrestricted Report and signs the DD Form 2910 electing as such, they may not change to a Restricted Report later.

(2) The SARC will provide the Installation Commander (ICO) and the victim’s commanding officer (CO) (or the CO of alleged military subject if the victim is a civilian) with information regarding the Unrestricted Report within 24 hours (follow on command actions are outlined in Chapter 4). This notification may be extended to 48 hours after the Unrestricted Report of the incident when there are extenuating circumstances in deployed environments.

(3) If the victim is a civilian and the subject is a Service member, the immediate CO of that Service member must be provided relevant information, to include any SAPR services made available to the civilian.

b. Restricted Reports. A Restricted Report can only be received by a SARC or VA via a signed DD Form 2910. This reporting option does NOT in and of itself automatically trigger NCIS notification and investigation, but does grant victims’ access to medical treatment,

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