In these cases, a SARC, SAPR VA, and healthcare personnel are prevented from disclosing confidential communications under Restricted Reporting, unless an exception applies. (4) A commander outside their chain of command. (11) IG DoD, invoking whistle-blower protections in accordance with DoDD 7050.06. To gain a thorough understanding of your reporting options and the available resources, you’re encouraged to speak to the SARC, SAPR VA or Victims Legal Counsel (VLC). (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 and DoD 6025.18-R However, such circumstances do not otherwise warrant a Restricted Reporting exception to policy. (iv) Required for the supervision of coordination of direct victim healthcare or services. If a victim elects this reporting option, a victim may convert a Restricted Report to an Unrestricted Report at any time. If necessary, the competent medical authority will inform the certifying official that the person in question should be suspended or temporarily decertified from PRP status, as appropriate, without revealing that the person is a victim of sexual assault, thus preserving the Restricted Report. (8) Preemption of State law to ensure confidentiality of restricted report. These services shall be made available to all eligible sexual assault victims. The SARC or SAPR VA will explain the contents of the DD Form 2910 and request that the victim elect a reporting option on the form. This confidential communication … Confidentiality will be maintained by a counselor or, therapist or priest acting in a pastoral capacity under all circumstances, except when there is an immediate threat of serious harm to a person. (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 to Restricted Reporting applies. The DoD seeks increased reporting by victims of sexual assault. “The victim has plenty of time to make that decision; we just want to get them the help they deserve.”, Some victims do not report assaults because of the fear of operational impacts or adverse impacts on unit mission accomplishment, she said. Victims can call any time and will be forwarded to their wing’s SARC. SARC provides First Responder training to assist staff and students in providing support for people in crisis. See § 105.12 of this part. Knowledge of the support available and how to respond to a disclosure of sexual violence will ensure beneficiaries will receive the best support. (5) Victim confiding in another person. Our expert team of highly qualified and experienced staff is committed to providing quality care to people who use our service. Can be reported to the SARC, chain of command, law enforcement, Air Force Office of Special Investigations to initiate an investigation. Copyright © 2020 Kaiserslautern American. 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. Army policy promotes sensitive care and confidential reporting for victims of sexual … “We are committed to ensuring they receive medical care and support as soon as possible.” (b) Initiating medical care and treatment upon receipt of report. OFFICE OF THE SECRETARY OF DEFENSE, Subchapter D. PERSONNEL, MILITARY AND CIVILIAN, Part 105. (iii) Explain SAFE confidentiality to victims and the confidentiality … Speaking with these individuals first, is the best way to protect your privacy and confidentiality. To achieve the dual objectives of victim support and offender accountability, DoD preference is for Unrestricted Reporting of sexual assaults to allow for the provision of victims' services and to pursue offender accountability, as appropriate. When a sexual assault is reported through Unrestricted Reporting, a SARC shall be notified, respond or direct a SAPR VA to respond, and offer the victim healthcare treatment and a SAFE, and inform the victim of available resources. The allegation should immediately be reported to an MCIO. 6), the SARC shall: o Comply with DoD Sexual Assault Advocate Certification requirements. This phone call is confidentiality and free of charge. The Sexual Assault Response Coordinator (SARC) serves as a single point of contact to coordinate sexual assault care for victims. (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 SARC and SAPR VA, in a case arising under the UCMJ, if such communication is made for the purpose of facilitating advice or supportive assistance to the victim in accordance with MRE 514 of the Manual for Courts-Martial, United States. New guidelines for restricted reporting of sexual assaults went into effect in U.S. Air Forces in Europe June 14. The Support, Advocacy & Resource Center (SARC) offers services to all community members in Benton and Franklin counties in Washington State. (B) The victim has not already elected Restricted Reporting. “Our first concern remains the health and well-being of the victim,” said Col. Mark Ediger, USAFE Surgeon General command surgeon. (iii) If a victim approaches a SARC, or SAPR VA, or healthcare provider and begins to make a report, but then changes his or her mind and leaves without signing the DD Form 2910 (the form where the reporting option is selected), the SARC, SAPR VA, or healthcare provider 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. This disclosure is limited to only the information necessary to process duty or disability determinations for Service members. Whenever possible, the victim should be notified in advance of the disclosure. • Per DoDI 6495.02 SAPR Program Procedures (p49, Enc. Section 105.8. Training must A SARC is a building where victims of serious sexual violence such as rape receive a high-quality professional response to their needs, whether medical or otherwise. Installation SARCs are considered the center of gravity when it comes to ensuring that victims of sexual assault receive appropriate and responsive care, said Teresa Beasley, USAFE SARC. (1) The SARC will evaluate the confidential information provided under the Restricted Report to determine whether an exception applies. How to ensure confidentiality: 1) Sign non-disclosure agreement: Every IC member has to sign the NDA and has to declare that no information will be shared with them, even with their bosses. All Rights Reserved. o Be trained in and understand the confidentiality requirements of Restricted Reporting and MRE 514. Any report of a sexual assault made through normal reporting channels, including the victim’s chain of command, law enforcement and the Air Force Office of Special Investigations, is still considered an unrestricted report. “A lot of people don’t feel ready to make the report right after it’s happened; it’s not a good time to make a decision when you’re that stressed.”. 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 (meaning that a victim wishes to file a DD Form 2910 or have a SAFE) shall contact a SARC or SAPR VA in accordance with requirements in § 105.11, to assure that a victim is offered SAPR services and so that a DD Form 2910 can be completed and retained. Improper disclosure of Restricted Reporting information may result in disciplinary action or other adverse personnel or administrative actions. If the victim elects the Unrestricted Reporting option, a victim may not change from an Unrestricted to a Restricted Report. This section provides procedural guidance and considerations to implement the DoD dual objectives. The aim of the new policy is to ensure victims receive medical care and victim advocacy regardless of whether they want to report the assault and start an investigation. 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. Our goal is to eliminate sexual assaults and sexual harassment by creating a climate that respects the dignity of every member of the Army family. The Restricted Reporting option is only available to Service members and adult military dependents. Exceptions to Restricted Reporting and disclosures. (c) Implementing DoD dual objectives. 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. SARCS are now a recognised effective first step towards recovery from the trauma of a sexual assault and there are many established centres in England and Wales. (14) The MCIO, if the allegation is of an act that is criminal in nature and the victim filed an Unrestricted Report. (f) Actionable rights. If the allegation is criminal in nature and the victim filed an Unrestricted Report, the crime should be immediately reported to an MCIO, even if the crime is not something normally reported to an MCIO (e.g., victim's personal vehicle was defaced). The victim may discuss the impact with the G/FO. Any state or local law or regulation that would requires an individual who is a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, or individual within the definition of healthcare personnel to disclose the personally identifiable information of the adult victim or alleged perpetrator of the sexual assault to a state or local law enforcement agency shall not apply, except when reporting is necessary to prevent or mitigate a serious and imminent threat to the health and safety of the victim or another person, as determined by an authorized Department of Defense official. (5) If a SARC, SAPR VA, or healthcare personnel make an unauthorized disclosure of a confidential communication, that person is subject to disciplinary action. 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 assignment of a SARC and SAPR VA at DoD installations. To the extent possible, DoD will honor the Restricted Report; however, sexual assault victims need to be aware that the confidentiality afforded their Restricted Report is not guaranteed due to circumstances surrounding the independent investigation or the SARC, in consultation with their respective staff judge advocates, determine that disclosure of personally identifiable information of the victim or alleged perpetrator is necessary to prevent or mitigate an imminent threat to health and safety of the victim or another person. (8) A G/FO if the victim believes that there has been an impact on their military career because they reported a sexual assault or sought mental health treatment for sexual assault that the victim believes is associated with the sexual assault. 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. Regardless of whether the victim elects Restricted or Unrestricted Reporting, confidentiality of medical information shall be maintained in accordance with DoD 6025.18-R. Regardless of whether the victim elects Restricted or Unrestricted Reporting, confidentiality of medical information will be maintained in accordance with applicable laws and regulations. We are here to respond 24/7, refer to services, and facilitate recovery. 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. Respond to the following hypothetical case: A Service member reports a sexual assault to you and elects to make a Restricted Report. Unrestricted Reporting of sexual assault is favored by the DoD. (1) Unrestricted reports to commanders. The SARC works under the program oversight of the Regional Sexual Assault Response Coordinator and supervision of the Installation fleet and Family Services Center (FFSC) Director. Victim's perception of the military justice system. The Army's Sexual Harassment/Assault Response and Prevention program, known as SHARP, exists so the Army can prevent sexual harassment and sexual assaults before they occur. SAPR personnel are specifically trained to respond to reports of sexual assault and can answer any questions you may have. The command is notified that “an alleged sexual assault” occurred, but is not given the victim's name or other personally identifying information. Buyers beware! (v) Ordered by a military official (e.g., a duly authorized 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 is a new position intended to ensure effective sexual assault response and prevention efforts. They will have oversight responsibility for the victim advocates, serve as chairperson of a case management group, track the dispositions of all military sexual assault cases for their designated area of responsibility, provide regular updates to the vice wing commander, and assist with training requirements. (A) If a SARC is notified of an ongoing independent investigation and the victim has not signed a DD Form 2910 electing Restricted Report, the SARC must inform the victim that the option to file a Restricted Report is no longer available. SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM PROCEDURES. 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. Independent investigations are not initiated by the victim. Oral, written, or electronic communications of personally identifiable information (PII) concerning a sexual assault victim and the sexual assault incident provided by the victim to the SARC, SAPR VA, or healthcare personnel in a Restricted Report. (1) Unrestricted reporting. This reporting option does not trigger an investigation. 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