IMMEDIATE CHANGES TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM POLICY

[Tony]

ROUTINE 
R 121445Z JUL 22 MID200080003517U 
FM CNO WASHINGTON DC 
TO NAVADMIN 
INFO CNO WASHINGTON DC 
BT 
UNCLAS 
 
NAVADMIN 151/22 
 
PASS TO OFFICE CODES: 
FM CNO WASHINGTON DC//N1// 
INFO CNO WASHINGTON DC//N1// 
MSGID/GENADMIN/CNO WASHINGTON DC/N1/JUL// 
 
SUBJ/IMMEDIATE CHANGES TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM 
POLICY// 
 
REF/A/MSG/DSD WASHINGTON DC/10NOV21// 
REF/B/DOC/DOD/10NOV21// 
REF/C/DOC/DOD/10NOV21// 
REF/D/DOC/CNO/13AUG15// 
 
NARR/REF A IS UPDATES TO DEPARTMENT OF DEFENSE POLICY AND PROCEDURES FOR THE 
SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND ADULT SEXUAL ASSAULT 
INVESTIGATIONS DSD MEMO.   
REF B IS DODI 6495.02 VOL 1 SEXUAL ASSAULT PREVENTION AND RESPONSE:  PROGRAM 
PROCEDURES.   
REF C IS DODI 5505.18 INVESTIGATION OF ADULT SEXUAL ASSAULT IN THE DEPARTMENT 
OF DEFENSE.  REF D IS OPNAVINST 1752.1C NAVY SEXUAL ASSAULT AND RESPONSE 
(SAPR) PROGRAM.// 
 
RMKS/1.  This NAVADMIN announces two immediate changes to Navy Sexual Assault 
Prevention and Response (SAPR) policy and adult sexual assault investigation 
procedures. 
    a.  Change One:  Restricted Reporting has expanded.  Victims are now 
eligible to file a restricted report, even if they disclosed their sexual 
assault to their commander or personnel in their chain of command.  More 
details provided in paragraph three. 
    b.  Change Two:  Expedited transfers timeline has been extended. Once an 
adult sexual assault victim has filed an unrestricted report and has 
requested an expedited transfer, the commander now has five days vice three 
days to review and approve or disapprove this request.  More details provided 
in paragraph four. 
 
2.  This NAVADMIN implements specific policy changes due to new guidance in 
line with reference (a), the Deputy Secretary of Defense (DepSecDef) and the 
Department of Defense (DoD) Inspector General issued changes to SAPR policy 
and adult sexual assault investigation procedures.  The policies and 
procedures updates are in line with our desire to protect our Sailors and 
mission and helps ensure a focus on culture improvement.  Changes are 
identified below and are effective immediately. 
 
3.  Restricted Reporting.  In line with reference (b), eligibility for 
victims to file a restricted report has been expanded.  Victims are now 
eligible to file a restricted report, even if they disclosed their sexual 
assault to their commander or personnel in their chain of command.  Other 
provisions of restricted reporting remain unchanged. 
    a.  Sexual assault victims wishing to file a restricted report may do so 
provided they did not personally report the sexual assault incident to law 
enforcement, to include Military Criminal Investigation Organizations (MCIO) 
such as the Naval Criminal Investigative Service (NCIS), and they did not 
previously file an unrestricted report by signing a Victim Reporting 
Preference Statement, DD Form 2910, with a Sexual Assault Response 
Coordinator (SARC) or SAPR Victim Advocate (VA), for the same sexual assault 
incident.  In line with reference (d), commanders may only initiate 
internal command inquiry or investigation for initially reported sexual 
assaults after MCIO or civilian law enforcement declines to investigate or 
concludes their investigation and presents findings to the appropriate 
convening authority. 
    b.  While the victim retains eligibility for a restricted report even 
after they disclose their sexual assault to their commander or personnel in 
their chain of command, a commander, in line with references (b) and (c), 
must immediately contact the MCIO upon being notified of a sexual assault, 
whether the sexual assault is in his or her own chain of command or another. 
    c.  Regardless of a victims eligibility to restricted reporting status, 
military law enforcement and MCIOs retain their duty to initiate a criminal 
investigation in response to allegations of adult sexual assault, in line 
with reference (c). 
    d.  The commander and other appropriate personnel in the chain of command 
who receive a report of a sexual assault from a victim, regardless of the 
victims desire to maintain restricted reporting status, must: 
        (1) Inform the individual disclosing the sexual assault of their 
respective reporting requirements. 
        (2) Encourage the victim to meet with a SARC or SAPR VA. 
        (3) Inform the victim that their reporting to the chain of command 
has no impact on the victim choosing to file a restricted or unrestricted 
report. 
    e.  As we continue to drive a culture of accountability, it is imperative 
that commanders and personnel in the chain of command ensure victim privacy 
and reporting confidentiality throughout the reporting and response protocol 
process, regardless of reporting option elected by the victim. 
 
4.  Expedited Transfers.  In line with reference (b) and section 531 of 
National Defense Authorization Act for FY 2021, once an adult sexual assault 
victim has filed an unrestricted report and has requested an expedited 
transfer, the requesting Service Members commander now has five days vice 
three days to review and approve or disapprove expedited transfers. 
    a.  Victims who retain restricted reporting status, even if they 
disclosed the sexual assault to their chain of command, may not request an 
expedited transfer or a Military Protective Order (MPO) without converting to 
an unrestricted report.  However, if there are safety concerns, the SARCs 
must conduct a new safety assessment and take any appropriate measures (to 
include discussing with the Staff Judge Advocates whether the situation meets 
the *Safety Exception* for restricted reporting).  Additionally, the 
commander on their own accord (without a request from a victim) may decide to 
issue a MPO. 
    b.  The Naval Military Personnel Manual Article 1300-1205 on expedited 
transfers has been updated with required changes.  The point of contact for 
this action is NAVPERSCOM Deployability Assessment and Assignment Branch 
(PERS-454) Branch Head, CAPT Paul D. Kane, at (901) 874-4210 or via email at 
paul.d.kane3.mil(at)us.navy.mil. 
 
5.  Additional DoD SAPRO and DoD Inspector General policy updates that do not 
require additional specific Navy guidance are posted on 
https://www.sapr.mil/latest-policy-updates and are as follows: 
    a.  Defense Sexual Assault Incident Database (DSAID) updates involving 
the Replacement of Lost Forms, Retaliation Reporting and Electronic File 
Locker.  SARCs have been trained on the procedures, changes have been made in 
the DSAID database and new forms have been published and distributed. 
    b.  Revisions to the Monthly Case Management Group Meetings for Adult 
Sexual Assault Cases.  Case Management Group Chairs have an expanded role to 
improve oversight of victim safety, expedited transfer completion and 
adjudication of retaliation allegations. 
    c.  Assisting victims with obtaining their personal property from NCIS in 
unrestricted and restricted sexual assaults. 
        (1) DoD SAPRO has published Return of Victims Personal Property in 
Restricted Sexual Assault Cases Collected during a Sexual Assault Forensic 
Examination, DD Form 2910-3, to document the victims request for release of 
their personal property. 
        (2) NCIS has developed procedures that allow for return of personal 
property to victims who have filed an unrestricted or restricted report of a 
sexual assault. 
        (3) SARCs have been trained on the procedures for assisting sexual 
assault victims in obtaining their personal property. 
    d.  Expanded Eligibility for participation in Catch a Serial Offender 
(CATCH).  DoD SAPRO is developing procedures for sexual assault victims who 
have filed an unrestricted report to participate in the CATCH program. 
    e.  Updated Reporting Forms, Requests for Copies of Forms and Procedures 
for the Retention of Forms.  DoD SAPRO has updated and released new forms for 
use by sexual assault victims.  SARCs have been trained on using the 
following new forms: 
        (1) Victim Reporting Preference Statement, DD Form 2910. 
        (2) Replacement of Lost DD Form 2910, Victim Reporting Preference 
Statement, DD Form 2910-1. 
        (3) Retaliation Reporting Statement for Unrestricted Sexual Assault 
Cases, DD Form 2910-2. 
    f.  SARCs have been trained on the response to official reports of 
retaliation, reprisal, ostracism and maltreatment associated with 
unrestricted reports of adult sexual assault and the entry of these reports 
into the DSAID database.  SARCs have been trained on a new DSAID 
module:  SAPR Related Inquiry for individuals seeking to generate a CATCH 
login or general information about SAPR services, but who choose not to file 
an official report of sexual assault or retaliation associated with sexual 
assault. 
    g.  SAPR Quarterly Case Management (CMG) Meetings. 
        (1) SAPR Quarterly CMG meetings will be held to discuss systemic 
issues regarding victim care. 
        (2) The CMG chair will schedule quarterly discussions. 
        (3) The quarterly meetings will be a separate discussion from 
individual case management oversight and no information directly related to 
specific reports and/or specific victims will be discussed. 
    h.  Training is being developed to enable commanding officers to: 
        (1) Explain to all personnel in their respective chain of command 
(officer and enlisted) that if they become aware of allegations of 
retaliation, reprisal, ostracism or maltreatment, they must take appropriate 
measures to protect the individual who reported the allegation(s). 
        (2) Explain how to prevent retaliation, reprisal, ostracism and 
maltreatment in a unit after a report of an alleged sexual assault. 
    i.  Posters are being developed for Installation Commanding Officers and 
commanders to display.  These posters will: 
        (1) Describe how to report a sexual assault allegation. 
        (2) Describe how to seek assistance for a sexual assault, including 
associated reports of retaliation. 
 
6.  This NAVADMIN will remain in effect until superseded or canceled, 
whichever occurs first.  The above policy changes will be included in the 
next update to reference (d). 
 
7.  Point of contact.  Ms. Cindy Stewart, Navy Sexual Assault Prevention and 
Response Office (OPNAV N170A) at (703) 604-1036, or e-mail at 
cynthia.d.stewart.civ(at)us.navy.mil. 
 
8.  Released by Vice Admiral Richard J. Cheeseman, Jr., N1.//// 
 
BT 
#0001 
NNNN 
UNCLASSIFIED//

[Tony]

Navy Updates Sexual Assault Rules – What You Should Know