CHANGES TO NAVY POLICY REGARDING CONFIDENTIALITY FOR VICTIMS /OF SEXUAL ASSAULT

RTAUZYUW RUENAAA0634 1671952-UUUU--RUCRNAD.
ZNR UUUUU ZUI RUEWMCS1900 1672202
R 161952Z JUN 05 ZYB MIN ZYW PSN 736720K25
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
BT
UNCLAS //N01750//
NAVADMIN 128/05
MSGID/GENADMIN/CNO WASHINGTON DC/N1/JUN//
SUBJ/CHANGES TO NAVY POLICY REGARDING CONFIDENTIALITY FOR VICTIMS
/OF SEXUAL ASSAULT//

GENTEXT/REMARKS/1.  THE NAVY IS FULLY COMMITTED TO ENSURING VICTIMS
OF SEXUAL ASSAULT ARE PROTECTED; TREATED WITH DIGNITY AND RESPECT;
AND PROVIDED SUPPORT, ADVOCACY, AND CARE.  SEXUAL ASSAULT IS THE
MOST UNDER-REPORTED VIOLENT CRIME IN THE MILITARY AND OUR SOCIETY.
ASSURING PRIVACY AND PROVIDING A CONFIDENTIAL DISCLOSURE OPTION ARE
CRITICAL TO DISCHARGING OUR COMMITMENT TO FULLY SUPPORT VICTIMS OF
SEXUAL ASSAULT.
2.  THIS NAVADMIN DESCRIBES POLICY CHANGES (EFFECTIVE TODAY) THAT
PROVIDE CONFIDENTIAL, RESTRICTED REPORTING FOR VICTIMS OF SEXUAL
ASSAULT.  THIS POLICY APPLIES TO MILITARY MEMBERS ONLY.  FOR THE
PURPOSE OF THIS POLICY, CONFIDENTIALITY OR CONFIDENTIAL REPORTING IS
DEFINED AS PROVIDING AN OPTION FOR VICTIMS OF SEXUAL ASSAULT TO
REPORT ASSAULTS TO SPECIFIED INDIVIDUALS WITHOUT TRIGGERING AN
INVESTIGATION OF THE INCIDENT.  THIS OPTION AFFORDS A VICTIM ACCESS
TO MEDICAL CARE, COUNSELING, AND VICTIM ADVOCACY WITHOUT INITIATING
THE INVESTIGATIVE PROCESS.
3.  THE NAVY IS COMMITTED TO ESTABLISHING A SYSTEM WHEREBY A VICTIM
CAN MAINTAIN CONFIDENTIALITY WITH THE UNDERSTANDING THAT FULLY
REPORTING AN INCIDENT ACTIVATES BOTH VICTIM SERVICES AND
ACCOUNTABILITY ACTIONS.  AFTER TODAY, ALL NAVY PERSONNEL WILL
UTILIZE THE FOLLOWING GUIDELINES WITH REGARD TO "UNRESTRICTED" AND
"RESTRICTED" REPORTING:
    A.  "UNRESTRICTED" REPORTING AFFORDS VICTIMS OF SEXUAL ASSAULT
OFFICIAL INVESTIGATION OF THEIR ALLEGATION, IN ADDITION TO RECEIVING
AVAILABLE VICTIM SUPPORT AND CARE.  VICTIMS MAKING UNRESTRICTED
REPORTS SHOULD USE CURRENT REPORTING CHANNELS (I.E., CHAIN OF
COMMAND, COMMAND SEXUAL ASSAULT VICTIM INTERVENTION POINT OF
CONTACT, LAW ENFORCEMENT, OR INSTALLATION SEXUAL ASSAULT RESPONSE
COORDINATOR, FORMERLY KNOWN AS THE INSTALLATION SEXUAL ASSAULT
VICTIMS INTERVENTION PROGRAM COORDINATOR).  THE RESPONSIBLE
(ON-CALL) VICTIM ADVOCATE WILL BE NOTIFIED IMMEDIATELY UPON RECEIPT
OF AN UNRESTRICTED REPORT AND WILL OFFER THE VICTIM SUPPORT AND
INFORMATION PER OPNAVINST 1752.1A (SEXUAL ASSAULT VICTIMS
INTERVENTION PROGRAM).
    B.  "RESTRICTED" REPORTING PERMITS VICTIMS TO DISCLOSE SEXUAL
ASSAULT TO SPECIFIED INDIVIDUALS WITHOUT TRIGGERING MANDATORY
COMMAND NOTIFICATION OR AN OFFICIAL INVESTIGATION.
        (1) TO MAKE A RESTRICTED REPORT, NAVY PERSONNEL SHOULD
REPORT THE SEXUAL ASSAULT TO THE INSTALLATION SEXUAL ASSAULT
RESPONSE COORDINATOR, RESPONSIBLE VICTIM ADVOCATE, OR A HEALTH CARE
PROVIDER AND MAKE KNOWN THEIR PREFERENCE FOR RESTRICTED REPORTING.
CONSISTENT WITH CURRENT POLICY, VICTIMS MAY ALSO REPORT THE SEXUAL
ASSAULT TO A CHAPLAIN AND BE AFFORDED PRIVILEGED COMMUNICATION WHICH
IS NOT ALTERED OR AFFECTED BY NEW DEPARTMENT OF DEFENSE
REQUIREMENTS.
        (2) HEALTH CARE PROVIDERS, BOTH AFLOAT AND ASHORE, WILL
INITIATE APPROPRIATE CARE AND TREATMENT, ACTIVATE THE RESPONSIBLE,
ON-CALL VICTIM ADVOCATE, AND REPORT THE ASSAULT TO THE INSTALLATION
SEXUAL ASSAULT RESPONSE COORDINATOR IN LIEU OF REPORTING TO LAW
ENFORCEMENT OR THE COMMAND.
        (3) PER OPNAVINST 1752.1A REQUIREMENTS, THE RESPONSIBLE
VICTIM ADVOCATE WILL RESPOND, OFFER ADVOCACY AND SUPPORT, AND
PROVIDE THE VICTIM INFORMATION AND CLARIFICATION ON THE PROCESS OF
RESTRICTED AND UNRESTRICTED REPORTING.  VICTIMS WILL BE INFORMED AND
WILL ACKNOWLEDGE IN WRITING (ON A VICTIM PREFERENCE STATEMENT),
THEIR UNDERSTANDING THAT RESTRICTED REPORTING LIMITS THE
AVAILABILITY OF PROTECTIVE ACTIONS THAT CAN BE TAKEN WITHOUT COMMAND
NOTIFICATION AND MAY HINDER THE GOVERNMENT'S ABILITY TO PROSECUTE
THE ASSAILANT.
        (4) WITH THE VICTIM'S CONSENT, A TRAINED DEPARTMENT OF
DEFENSE HEALTH CARE PROVIDER MAY CONDUCT A FORENSIC MEDICAL
EXAMINATION IN A MANNER THAT COLLECTS AND PRESERVES EVIDENCE WITH
NON-IDENTIFYING INFORMATION ABOUT THE VICTIM.  IN THE ABSENCE OF A
TRAINED DEPARTMENT OF DEFENSE PROVIDER, THE VICTIM WILL BE REFERRED
FOR FORENSIC EXAMINATION.  THE DOD INSPECTOR GENERAL, IN
COORDINATION WITH THE ASSISTANT SECRETARY OF DEFENSE (HEALTH
AFFAIRS), WILL BE ISSUING FURTHER GUIDELINES FOR THE COLLECTION AND
PRESERVATION OF EVIDENCE UNDER THE RESTRICTED REPORTING PROCESS.
4.  WHEN A VICTIM DISCLOSES SEXUAL ASSAULT TO SOMEONE NOT DESIGNATED
OR ACTING AS AN INSTALLATION SEXUAL ASSAULT RESPONSE COORDINATOR,
RESPONSIBLE SEXUAL ASSAULT VICTIM ADVOCATE, OR HEALTH CARE PROVIDER,
THAT DISCLOSURE MAY RESULT IN COMMAND NOTIFICATION AND INVESTIGATION
OF THE ALLEGATIONS.  LIKEWISE, WHEN A SEXUAL ASSAULT IS DISCLOSED TO
THE COMMAND OR TO LAW ENFORCEMENT FROM A SOURCE OUTSIDE THE
INDIVIDUALS IDENTIFIED ABOVE, THE COMMAND WILL REPORT THE INCIDENT
TO NAVAL CRIMINAL INVESTIGATIVE SERVICE, WHO REMAINS AUTHORIZED TO
INITIATE INDEPENDENT INVESTIGATION OF THE COMPLAINT.
5.  THE INSTALLATION SEXUAL ASSAULT RESPONSE COORDINATOR IS REQUIRED
TO REPORT SEXUAL ASSAULT INCIDENTS TO THE RESPONSIBLE COMMANDER FOR
THE PURPOSES OF PUBLIC SAFETY AND COMMAND RESPONSIBILITY.  THIS
REPORT WILL OCCUR ABSENT ANY INFORMATION THAT COULD REASONABLY LEAD
TO PERSONAL IDENTIFICATION OF THE VICTIM.  THIS NEW REPORTING
CHANNEL AFFORDS COMMANDERS BETTER UNDERSTANDING OF THE TRUE SCOPE OF
SEXUAL VIOLENCE WITHIN THEIR COMMANDS, SOME OF WHICH HAS BEEN
PREVIOUSLY UNREPORTED, AND ENHANCES THEIR ABILITY TO ASSESS COMMAND
CLIMATE.
6.  PER DEPARTMENT OF DEFENSE DIRECTIVE 6025.18 (PRIVACY OF
INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION IN DEPARTMENT OF
DEFENSE HEALTH CARE PROGRAMS), CONFIDENTIALITY OF MEDICAL
INFORMATION WILL BE MAINTAINED REGARDLESS OF WHETHER THE VICTIM
CHOOSES RESTRICTED OR UNRESTRICTED REPORTING.
7.  WHEN A VICTIM MAKES A RESTRICTED REPORT, THE INSTALLATION SEXUAL
ASSAULT RESPONSE COORDINATOR, RESPONSIBLE VICTIM ADVOCATE, OR HEALTH
CARE PROVIDER MAY NOT DISCLOSE COVERED COMMUNICATIONS EXCEPT WHEN:
    A.  THE VICTIM PROVIDES WRITTEN AUTHORIZATION TO DISCLOSE TO
COMMAND OFFICIALS OR LAW ENFORCEMENT.
    B.  DISCLOSURE TO COMMAND OFFICIALS OR LAW ENFORCEMENT IS
NECESSARY TO PREVENT OR LESSEN A SERIOUS AND IMMINENT THREAT TO THE
HEALTH OR SAFETY OF THE VICTIM OR ANOTHER.
    C.  DISCLOSURE TO DISABILITY RETIREMENT BOARDS AND OFFICIALS BY
A HEALTH CARE PROVIDER IS REQUIRED FOR FITNESS FOR DUTY IN
DISABILITY DETERMINATIONS.
    D.  DISCLOSURE IS REQUIRED FOR THE SUPERVISION OF DIRECT VICTIM
SERVICES BY THE INSTALLATION SEXUAL ASSAULT RESPONSE COORDINATOR,
RESPONSIBLE VICTIM ADVOCATE, OR HEALTH CARE PROVIDER.
    E.  DISCLOSURE IS REQUIRED BY FEDERAL OR STATE STATUTE OR IS
ORDERED BY MILITARY OR CIVILIAN COURTS OF COMPETENT JURISDICTION.
IN THE LATTER CASE, THE INSTALLATION SEXUAL ASSAULT RESPONSE
COORDINATOR, RESPONSIBLE VICTIM ADVOCATE, OR HEALTH CARE PROVIDER
WILL CONSULT WITH THE SERVICING LEGAL OFFICE IN THE SAME MANNER AS
OTHER RECIPIENTS OF PRIVILEGED INFORMATION, TO DETERMINE IF THE
CRITERIA APPLY AND THEY HAVE A DUTY TO OBEY BEFORE THEY DISCLOSE
INFORMATION OTHER THAN NON-IDENTIFYING INFORMATION.
8.  PER DEPARTMENT OF DEFENSE DIRECTIVE 6025.18, HEALTH CARE
PROVIDERS MAY INFORM COMMANDS OF ANY POSSIBLE ADVERSE DUTY IMPACT
RELATED TO A VICTIM'S MEDICAL CONDITION AND PROGNOSIS.  SUCH
CIRCUMSTANCES DO NOT WARRANT AN EXCEPTION TO POLICY WHEREBY DETAILS
OF SEXUAL ASSAULT ARE CONSIDERED COVERED COMMUNICATION AND MAY NOT
BE DISCLOSED.
9.  IMPROPER DISCLOSURE OF COVERED COMMUNICATIONS, RELEASE OF
MEDICAL INFORMATION, OR OTHER VIOLATIONS OF THIS POLICY ARE
PROHIBITED AND MAY RESULT IN DISCIPLINE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE, LOSS OF PROFESSIONAL CREDENTIALS, OR OTHER ADVERSE
PERSONNEL OR ADMINISTRATIVE ACTIONS.
10. THIS POLICY DOES NOT CREATE ANY ACTIONABLE RIGHTS FOR THE
ALLEGED OFFENDER OR THE VICTIM, NOR DOES IT CONSTITUTE A GRANT OF
IMMUNITY FOR ANY ACTIONABLE CONDUCT BY OFFENDER OR VICTIM.  COVERED
COMMUNICATIONS THAT HAVE BEEN DISCLOSED MAY BE USED IN DISCIPLINARY
PROCEEDINGS AGAINST THE OFFENDER OR VICTIM, EVEN IF THE
COMMUNICATION WAS IMPROPERLY DISCLOSED.
11. DEPARTMENT OF DEFENSE AND NAVY LEADERSHIP RECOGNIZE THE
POTENTIAL IMPACT OF RESTRICTED REPORTING ON INVESTIGATIONS AND THE
ABILITY OF COMMANDING OFFICERS TO HOLD PERPETRATORS ACCOUNTABLE.
SUCH RISKS WERE CAREFULLY CONSIDERED AND WERE OUTWEIGHED BY THE
OVERALL INTEREST OF PROVIDING SEXUAL ASSAULT VICTIMS ACCESS TO
MEDICAL CARE AND SUPPORT.
12. THE MAGNITUDE OF THE CHANGES OUTLINED IN THIS NAVADMIN REQUIRES
EXTENSIVE, IN-DEPTH TRAINING FOR NAVY PERSONNEL AND SPECIALIZED
TRAINING FOR COMMANDERS, VICTIM ADVOCATES, SEXUAL ASSAULT RESPONSE
COORDINATOR, NAVAL CRIMINAL INVESTIGATIVE SERVICE, LAW ENFORCEMENT,
CHAPLAINS, LEGAL STAFF, AND HEALTH CARE PROVIDERS.
13. RELEASED BY G. L. HOEWING, N1.//
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