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MEMORANDUM FOR RECORD
SUBJECT: Standard Operating Procedures (SOP) for the xxxx xxxx Sexual Harassment/Assault Response and Prevention (SHARP) Program
1. TABLE OF CONTENTS.
a. Sexual Harassment Complaint Procedures
(1) Identifying Sexual Harassment
(2) Techniques for Addressing Sexual Harassment
b. Sexual Assault Reporting Procedures
(1) Roommate, Friend, Family Member Clause
(2) Restricted Reporting
(3) Unrestricted Reporting
(4) Expedited Transfers
2. SEXUAL HARASSMENT COMPLAINT PROCEDURES.
a. Typically, those issues that can be taken care of informally can be resolved through discussion, problem identification, and clarification of the issues. An informal complaint is not subject to time suspense.
b. Any person who uses or condones implicit or explicit sexual behavior to control, influence, or affect the career, pay, or job of a Soldier or civilian employee is engaging in sexual harassment. Anyone who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature is engaging in sexual harassment.
c. When a sexual harassment complaint is reported, whether formal or informal, the SARC or VA should immediately be notified in order to facilitate the best resolution for all parties involved. The SARC or VA will help resolve the harassment at the lowest level.
d. In order to identify sexual harassment, the following questions can be asked:
(1) Is the behavior sexual in nature?
(2) Is the conduct unwelcome?
(3) Do the elements of power, control, or influence exist?
(4) Does the behavior create a hostile work environment?
(5) Is the behavior a repeated incident?
(6) Is the behavior inappropriate?
e. Techniques for dealing with sexual harassment.
(1) Direct approach. Confront the harasser(s) and tell them that the behavior is not appreciated, not welcomed, and must stop. Use common courtesy, but stay focused on the behavior and its impact. Write down thoughts before approaching the individual(s) involved.
(2) Indirect approach. Send a letter, email, text, or other message through indirect methods to the harasser stating the facts, personal feelings about the inappropriate behavior, and expected resolution.
(3) Third party. Request assistance from another person. Ask someone else to talk to the harasser, accompany the victim, or intervene on behalf of the victim to resolve the conflict.
(4) Chain of Command. Report the behavior to immediate supervisor or others in chain of command and ask for assistance in resolving the situation.
(5) Filing a formal complaint. Complaint filed in writing through DIVARTY SARC.
3. SEXUAL ASSAULT REPORTING PROCEDURES.
a. Reports of a suspected sexual assault can be made to DIVARTY SHARP phone 253-341-1122. Victims can also call the 24-hour on-call VA cell phone at 253-389-8469. If there is imminent danger, 911 should be called immediately.
b. Upon notification of a reported sexual assault, the SARC will immediately assign a VA to the victim. The SARC or assigned VA will provide accurate information on the process of restricted and/or unrestricted reporting using the DD Form 2910 and inform the victim of their rights according to the DD Form 2701. The victim must sign the DD2910 to choose a reporting option, however if the victim does not sign the DD2910, the VA or SARC is not obligated to file a report.
c. It is recognized 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. This communication does not, in and of itself, prevent the victim from later electing to make a restricted report. However, if the person to whom the victim confided in is in the victim’s chain of command, on duty (such as Staff Duty and/or Barracks Duty), or DoD law enforcement, there can be no restricted report. Communications between the victim and a person other than the SARC, VA, or healthcare personnel are NOT confidential and do not receive the protections of restricted reporting.
e. If a report of sexual assault comes through command channels it will be immediately notify the VA or SARC. An SIR is to be sent through command channels; however, the SIR will contain only non-identifying information with regards to the victim (e.g. if there are only two females in a unit, the SIR should state “a Soldier in Fox Company was sexually assaulted on DTG, more information will be reported through proper confidential channels”). If asked for more details or information, they can refer any questions to the DIVARTY SHARP personnel.
f. Restricted Reporting Procedures: This option allows victims of sexual assault to confidentially disclose the crime to specifically identified individuals and receive medical treatment, counseling, and advocacy services without initiating an investigation or the official investigative process. Restricted reporting is confidential, not anonymous, reporting. Restricted reporting is intended to give victims additional time and increased control over the release and management of their personal information, and to empower them to seek relevant information and support to make more informed decisions about participating in a criminal investigation. A victim who receives 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 in the command and may eventually decide to participate in a criminal investigation. Even if the victim chooses not to pursue an investigation, this reporting option gives commanders a clearer picture of sexual violence in their command and enhances their ability to provide a safe environment that contributes to the well-being and mission readiness of all unit members.
(1) Victims who desire restricted reporting must report the assault to DIVARTY SARC, VA, or a healthcare provider. If a sexual assault is reported to any entities other than the SARC, VA, or healthcare provider (i.e. chain of command, military police, CID, or law enforcement) then it automatically becomes an unrestricted report and an official investigation is opened.
g. Unrestricted Reporting Procedures: This option allows victims of sexual assault to receive medical treatment, counseling, and victim advocacy services and also begins an official investigation of the crime. Victims can use the same channels as used for restricted reporting, but are also given the option of using normal reporting channels (i.e. chain of command or law enforcement officials).
(1) The BN Commander will be notified of the sexual assault. The information given to the BN Commander should include the DTG, location, type of incident, name of victim, name and brief description of the offender, and NO DETAILS of the incident.
(2) CID and law enforcement will be notified by the SARC or chain of command and CID will begin an official investigation.
(3) A unit commander shall not conduct internal command directed investigations on sexual assault.
(4) Because Military Protection Orders (MPOs) can hinder investigations, it is
recommended that a unit commander speak with their servicing Judge Advocate and CID prior to issuing an MPO, unless an emergency dictates immediate action.
(5) Unit Commanders should also assist victims in acquiring a civilian protective order, if needed.
(6) According to DTM 14-007, the Unit Commander must prepare a Sexual Assault Incident Response Oversight (SAIRO) Report within 8 calendar days
d. Exceptions to restricted reporting confidentiality apply and if one of the following exceptions applies, details of an assault may be disclosed. The following persons or organizations may be told about a sexual assault report for the following reasons:
(1) Command officials or law enforcement officials when the disclosure is authorized by the victim in writing.
(2) Command or law enforcement officials to prevent or lessen a serious and imminent threat to the health or safety of the victim or another individual. Multiple reports involving the same alleged suspect may also meet this criterion.
(3) Disability Evaluation Boards, Medical Evaluation Boards, and officials participating in the boards. Details may be disclosed when they are required for fitness for duty or disability retirement determinations. Note: Disclosure under these circumstances is limited to information that is necessary to make a determination for disability processing.
(4) Military or civilian courts when ordered, or if disclosure is required by Federal or state statute. Note: SARCs, VAs, and healthcare providers will consult with the Staff Judge Advocate to determine their duty to comply with a court order before providing any identifying information with regards to the assault.
f. When filing an unrestricted report, victims have the option of requesting either a temporary or permanent expedited transfer, which includes family members.
(1) Requiring victims to stay in current units or organizations may negatively affect their safety and emotional well-being as well as the functioning of the organization.
(2) Transfers can be made within the same battalion, brigade, division, to a unit on the same installation, or to a unit at a different installation.
(3) Requests for transfer must be in memorandum format and include three preferred locations, current well-being of the victim and victim signature. In addition, a DA4187 must be signed by the victim and battalion commander.
(4) Following a victim’s report, Commanders shall consider requests for transfer in an expedited manner and shall start will a presumption in favor of transferring or reassigning the victim. The BDE Commander must approve or disapprove the Service Member’s request within 72 hours of its receipt.
(5) Commanders will take reasonable steps to prevent a transfer from negatively impacting a victim’s career to the most possible extent. After being fully informed of the transfer approval and potential impacts to their career, a victim can withdraw the request.
4. The point of contact for this memorandum is CPT xxxxx, xxxxx x., (xxxx) xxxx-xxxx
xxxxxx.@xxxxx
xxxxxx.@xxxxx
xxxxxxx, xxxxxxxx
CPT, LG
Commanding
