“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.”. 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. Victim's perception of the military justice system. However, unauthorized or inadvertent disclosures made to a commander or law enforcement shall result in notification to the MCIO. Respond to the following hypothetical case: A Service member reports a sexual assault to you and elects to make a Restricted Report. DoD's Restricted (Confidential) Reporting Policy permits adult victims of sexual assault to report the crime to specified individuals (SARC, SAPR VA, or healthcare personnel) who can then ensure the victim receives healthcare (medical and mental health), advocacy services (from a SARC or SAPR VA), and legal advice (from a Special Victims' Counsel) without notifying command or law enforcement officials. To set up a one-on-one appointment with the SARC, please call 425-304-3712. 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. Improper disclosure of Restricted Reporting information may result in disciplinary action or other adverse personnel or administrative actions. 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. (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. Unrestricted - Any disclosure of a sexual assault from a military member, military dependent or civilian without requesting confidentiality. Mandatory reporting laws and cases investigated by civilian law enforcement. (ii) Communications between the victim and a person other than the SARC, SAPR VA, healthcare personnel, assigned SVC/VLC, legal assistance officer, or chaplain are not confidential and do not receive the protections of Restricted Reporting. See § 105.12 of this part. 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. This reporting option triggers an investigation, command notification, and allows a person who has been sexually assaulted to access healthcare treatment and the assignment of a SARC and a SAPR VA. Can be reported to the SARC, chain of command, law enforcement, Air Force Office of Special Investigations to initiate an investigation. Army policy promotes sensitive care and confidential reporting for victims of sexual … All Rights Reserved. Under the policy, sexual assault response coordinators, healthcare providers and SARC-appointed victim advocates may receive these restricted reports. 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. (5) Service personnel to invoke their Service-specific reporting procedures regarding such allegations in accordance with AD 2014/AFI 36-2909/SECNAVINST 5370.7D. An independent investigation does not, in itself, convert the Restricted Report to an Unrestricted Report. Initiating medical care and treatment upon receipt of report. • Per DoDI 6495.02 SAPR Program Procedures (p49, Enc. For Unrestricted Reports, the 8-day incident report will be filed in accordance with section 1743 of Public Law 113-66. 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. This phone call is confidentiality and free of charge. Knowledge of the support available and how to respond to a disclosure of sexual violence will ensure beneficiaries will receive the best support. 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. This means that, in almost all circumstances, these people are not required to report any information to anyone without permission. (ii) The timing of filing a Restricted Report is crucial. (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. (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). Until those determinations are made, only non-PII shall be disclosed. (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. (e) Exceptions to Restricted Reporting and disclosures. (g) Resources for victims to report retaliation, reprisal, ostracism, maltreatment, sexual harassment, or to request an expedited/safety transfer or military protective order (MPO)/civilian protective order (CPO). We are committed to delivering care and devoted to healing. 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. 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. The SARC is a new position intended to ensure effective sexual assault response and prevention efforts. (2) Victim's perception of the military justice system. (9) An SVC or VLC, trial counsel and VWAP, or a legal assistance attorney to facilitate reporting with a SARC or SAPR VA. (10) Service personnel to file a complaint of wrongs in accordance with Article 138 of the UCMJ (section 938 of title 10 U.S.C.). In these cases, a SARC, SAPR VA, and healthcare personnel are prevented from disclosing confidential communications under Restricted Reporting, unless an exception applies. In order to understand your reporting options, you can speak with a SARC, your Uniformed Victim Advocate, or a civilian victim advocate at the Sexual Assault Prevention and Response Program (750-5852), or with a medical service provider. To ensure oversight of victim services for Restricted Report cases, the SARC will also confirm in her or his report that the victim has been offered SAPR advocacy services, an explanation of the notifications in the DD Form 2910; medical and mental healthcare and informed of his or her eligibility for an SVC/VLC. 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 alleged offender or the victim. Victims can seek assistance on how to report allegations by requesting assistance from: (2) A SARC on a different installation, which can be facilitated by the Safe Helpline. 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. This disclosure is limited to only the information necessary to process duty or disability determinations for Service members. Sexual Assault Resource Center (SARC): Elisha Wolfer, Director 35 W William St, Corning, NY 14830 755 E. Church Street, Elmira, NY 14901 Toll-Free Hotline:1- 888-810-0093 (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. 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. However, the victim cannot change from an Unrestricted to a Restricted Report. (14) The MCIO, if the allegation is of an act that is criminal in nature and the victim filed an Unrestricted Report. However, all communications between the victim and the victim advocate will remain privileged except for the application of an exception to Restricted Reporting. Within 24 hours of a restricted report of an alleged sexual assault, affected commanders will be informed of the incident without personal identifying information about the victim. (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. (c) Implementing DoD dual objectives. (f) Actionable rights. Oral, written, or electronic communications of personally identifiable information 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. Section 105.8. (v) A sexual assault victim certified under the personnel reliability program (PRP) is eligible for both the Restricted and Unrestricted Reporting options. If this occurs, a chaplain, SVC/VLC, and legal assistance attorney shall, with the victim's consent, 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. These services shall be made available to all eligible sexual assault victims. Reporting Options Unrestricted Report – any disclosure of a sexual assault from a military member, military dependent or civilian without requesting confidentiality. (iii) Required for fitness for duty or disability determinations. Speaking with these individuals first, is the best way to protect your privacy and confidentiality. If the Unrestricted option is elected, 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. 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. (B) The victim has not already elected Restricted Reporting. 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. (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. We are not affiliated with law enforcement or the criminal justice system. These thoughts came in response to an announced 4-hour event in which to process the SARC More information on an agency’s policies on confidentiality may be obtained directly from the agency. Unrestricted Reporting of sexual assault is favored by the DoD. 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. Sexual Assault Resource Centre (SARC) The Sexual Assault Resource Centre (SARC) is located in Perth and provides a range of free services to people in the metropolitan area affected by sexual violence SARC also provide free telephone advice/support to those in non-metropolitan areas and have a … 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. 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. Training must (i) Only the SARC, SAPR VA, and healthcare personnel are designated as authorized to accept a Restricted Report. o Be trained in and understand the confidentiality requirements of Restricted Reporting and MRE 514. (1) Restricted Reporting impact. (4) A commander outside their chain of command. It is not part of the police, but we will support a person's decision to involve the police. Can be reported to the SARC, Chain of Command, law enforcement, Air Force Office of Special Investigations and may be investigated. Thus, a SARC, SAPR VA, or healthcare personnel in receipt of confidential communications are prohibited from disclosure in an independent investigation. If the victim elects the Unrestricted Reporting option, a victim may not change from an Unrestricted to a Restricted Report. (2) Restricted reports to commanders. The KMC SARC hotline is 480-SARC (7272) or 06371-47-7272. 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). (iii) In the course of otherwise privileged communications with a chaplain, SVC/VLC, or legal assistance attorney, a victim may indicate that he or she wishes to file a Restricted Report. New guidelines for restricted reporting of sexual assaults went into effect in U.S. Air Forces in Europe June 14. Whenever possible, the victim should be notified in advance of the disclosure. Disclosure of a Restricted Report under these circumstances does not change the nature of the victim's Restricted Report, nor does it create an obligation for reporting to law enforcement or command for investigation. 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. On November 15, after hearing synod appointees discuss findings and recommendations from a long-awaited report, several commissioners to the Albany Presbytery meeting submitted thoughts regarding ways forward. 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. 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. For example, multiple reports involving the same alleged offender (repeat offender) could meet this criterion. Disclosure of confidential communications. 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. Thinking of buying a home in Germany? 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. Buyers beware! (13) Commander or SARC to request a safety transfer or an MPO and/or CPO, if the victim is in fear for her or his safety. A victim may request that the G/FO review the separation in accordance with DoDI 1332.14 (enlisted personnel) or DoDI 1332.30 (commissioned officers). 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. Unrestricted Report: A service member can disclose, without requesting confidentiality or restricted reporting, that he or she has been the victim of sexual assault. 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. Victims can call any time and will be forwarded to their wing’s SARC. 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. (ii) The victim's decision not to participate in an investigation or prosecution will not affect access to SARC and SAPR VA services, medical and psychological care, or services from an SVC or VLC. Confidential communication. SARC is here to help you understand your rights and to advocate for you. SARC and/or SAPR VA. 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). If information about a sexual assault comes to a commander's attention from a source other than a victim (victim may have elected Restricted Reporting or where no report has been made by the victim), that commander shall immediately report the matter to an MCIO and an official (independent) investigation may be initiated based on that independently acquired information. (1) Unrestricted reports to commanders. (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 Restricted Reporting option is only available to Service members and adult military dependents. The Support, Advocacy & Resource Center (SARC) offers services to all community members in Benton and Franklin counties in Washington State. Consequently, the DoD recognizes a fundamental need to provide a confidential disclosure vehicle via the Restricted Reporting option. process formal complaints (SARC) advisor to commander and unit confidentiality in sexual harassment complaints cannot be guaranteed nor promised to the complainant other than by the chaplain or a lawyer. Unauthorized disclosure has no impact on the status of the Restricted Report. 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. (iv) Required for the supervision of coordination of direct victim healthcare or services. The training shall include a trends brief for unit and area of responsibility and the confidentiality requirements in Restricted Reporting. The Sexual Harassment/Assault Prevention & Response Program reinforces the Army's commitment to eliminate incidents of sexual assault through a comprehensive policy that centers on awareness and prevention, training and education, victim advocacy, response, reporting, and accountability. (5) If a SARC, SAPR VA, or healthcare personnel make an unauthorized disclosure of a confidential communication, that person is subject to disciplinary action. However, Unrestricted Reporting may represent a barrier for victims to access services, when the victim desires no command or DoD law enforcement involvement. 5 Available: http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf. 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. 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