IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY

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ATTENTION INVITED TO  

ROUTINE

R 280139Z JUN 12 PSN 005665K22

FM CNO WASHINGTON DC

TO NAVADMIN
ZEN//OU=DOD/OU=NAVY/OU=ADDRESS LISTS(UC)/CN=AL NAVADMIN(UC)

INFO ZEN/CNO WASHINGTON DC

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SUBJ: IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY 
UNCLASSIFIED/ PASS TO ALL OFFICE CODES:
FM CNO WASHINGTON DC//N09//
TO NAVADMIN
INFO CNO WASHINGTON DC//N09//
NAVADMIN 195/12
UNCLAS//N05800//

MSGID/GENADMIN/CNO WASHINGTON DC/N09/JUN//

SUBJ/IMPLEMENTATION OF SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY//



REF/A/LTR/SECDEF/20APR12//

REF/B/DOC/OPNAVINST F3100.6J//

NARR/REF A SETS FORTH DOD POLICY ON THE USE OF AN INITIAL DISPOSITION 
AUTHORITY IN CASES INVOLVING ALLEGATIONS OF SEXUAL ASSAULT.  REF B IS THE 
SPECIAL INCIDENT REPORTING PROCEDURES.// POC/NELL EVANS/LCDR/-/TEL: (202)685-
7429/E-MAIL: NELL.EVANS(AT)NAVY.M IL// POC/MANDY GARDNER/LT/-/TEL:  (202) 685-
7056/E-MAIL:
MANDY.GARDNER(AT)NAVY.MIL//

RMKS/1.  THIS NAVADMIN PROVIDES GUIDANCE ON THE NEW SEXUAL ASSAULT INITIAL 
DISPOSITION AUTHORITY (SA-IDA) POLICY AND MANDATORY TRAINING.

2.  PER REF A, EFFECTIVE 28 JUNE 2012, AUTHORITY TO DISPOSE OF CERTAIN SEXUAL 
ASSAULT (SA) CASES WILL BE WITHHELD AT THE O6 SPECIAL COURT-MARTIAL CONVENING 
AUTHORITY (SPCMCA) LEVEL.  THIS OFFICER WILL BE KNOWN AS THE SA-IDA.  CASES 
INVOLVING ALLEGATIONS OF RAPE AND  SEXUAL ASSAULT UNDER ARTICLE 120, UCMJ, 
FORCIBLE SODOMY UNDER  ARTICLE 125, UCMJ, AND ATTEMPTS TO COMMIT THOSE 
OFFENSES UNDER  ARTICLE 80, UCMJ, WILL BE FORWARDED TO THE SA-IDA FOR ACTION.
 ADDITIONALLY, THIS APPLIES TO OTHER ALLEGED OFFENSES ARISING FROM OR RELATING 
TO THE SAME INCIDENT(S) WHETHER COMMITTED BY THE ALLEGED PERPETRATOR OR THE 
ALLEGED VICTIM OF THE RAPE, SEXUAL ASSAULT,  FORCIBLE SODOMY, OR ATTEMPTS 
THEREOF.  INITIAL DISPOSITION AUTHORITY FOR OFFENSES ALLEGEDLY COMMITTED BY 
ALLEGED VICTIMS IS ALSO WITHHELD TO THE O6 SPCMCA LEVEL WITHIN THE ALLEGED 
VICTIM'S CHAIN OF COMMAND.

3.  AS DESCRIBED IN REF A, THE SA-IDA HAS THE NON-DELEGABLE RESPONSIBILITY FOR 
INITIAL DISPOSITION AS DEFINED IN RULE FOR COURT- MARTIAL 306:
A.  PRIOR TO MAKING THE INITIAL DISPOSITION DETERMINATION, THE SA-IDA MUST 
CONSULT WITH A STAFF JUDGE ADVOCATE AND, WHEN PRACTICABLE, NCIS.
B.  DOCUMENT THE IDA DECISION.
C.  ONCE THE INITIAL DISPOSITION DECISION IS MADE AND DOCUMENTED THE IDA MAY 
TAKE ANY ACTION AS SET FORTH IN RULE FOR COURT-MARTIAL 306(C).

4.  ALL COMMANDERS WILL BECOME FAMILIAR WITH THE CHANGES TO ARTICLE 120 AND 
THE SA-IDA WITHHOLDING GUIDANCE AND ITS IMPACT ON THEIR HANDLING OF SA 
ALLEGATIONS IN THEIR RESPECTIVE COMMANDS.  TO HELP ACCOMPLISH THIS, THE OFFICE 
OF THE JUDGE ADVOCATE GENERAL, IN COOPERATION WITH OPNAV N135, WILL PROVIDE 
TRAINING AT VARIOUS LOCATIONS THROUGHOUT THE FLEET.  ALL COMMANDING OFFICERS, 
STAFF JUDGE ADVOCATES, VICTIM ADVOCATES, AND SEXUAL ASSAULT RESPONSE 
COORDINATORS ARE REQUIRED TO ATTEND A SESSION OF THIS TRAINING.  THE DETAILS 
OF THIS TRAINING WILL BE PROMULGATED SEPCOR.

5.  PER REF B, ANY COMMANDER EVALUATING A SEXUAL ASSAULT ALLEGATION OF ANY 
KIND MUST CONSULT WITH A STAFF JUDGE ADVOCATE PRIOR TO DISPOSING OF THE CASE.  
CONTACT YOUR LOCAL REGION LEGAL SERVICE OFFICE FOR FURTHER INFORMATION AND 
GUIDANCE.

6.  VICE CHIEF SENDS.//

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