DEPARTMENT OF THE ARMY HEADQUARTERS, 2D INFANTRY DIVISIONIROK-US COMBINED DIVISION UNIT #15041 APO, AP 96258-5041 EAID-CG JUN 2 2 2018 MEMORANDUM FOR SEE DISTRIBUTION 1. References. See Enclosure 1. 2. Purpose. All leaders and Soldiers must be committed to creating and maintaining an environment that promotes dignity and respect, and is free from all forms of sexual assault and sexual harassment. The 21D/RUCD is committed to providing a safe environment for all personnel assigned to, attached to, or supporting this command. This policy promotes a command climate that encourages victims to report incidents of sexual assault or harassment without fear of retribution, retaliation, or intimidation. 3. Background. Sexual assault and sexual harassment destroy teamwork, negatively impact readiness, and adversely affect morale, welfare, discipline, and mission. Unit cohesion and readiness depend on realistic training and making sure our Soldiers have a safe working and living environment. Commanders, leaders and supervisors at all levels are responsible for providing a safe and healthy environment for all 21D/RUCD Soldiers, Civilian employees, and Family members. 4. Victim Care. Soldiers who report sexual harassment and sexual assault must be treated with compassion, dignity, and respect at all times. I charge commanders with the responsibility for protecting victims' rights. Commanders must carefully manage victim safety, care and treatment by working closely with their Sexual Assault Response Coordinator (SARC), subordinate leaders, and legal advisor. Commanders and Leaders will ensure victims of sexual assault have access to prompt, professional, and compassionate care. 5. Prevention. The best tool for the elimination of sexual harassment and assault is prevention and presence. Leaders will take immediate steps to eliminate risk factors and address any environment or culture perceived to be conducive to sexual harassment or assault. Leaders will provide consistent and focused training on developing a culture that identifies and discourages harassment and assault; that intervenes when Soldiers' words or actions suggest sexual harassment or assault; and that rejects sexually charged comments and behavior. Prevention is every Soldiers' duty, and Soldiers must understand what constitutes sexual harassment and assault in order to prevent and report it.
EAID-CG 6. Sexual Assault. a. Sexual Assault is a crime defined as intentional sexual contact characterized by the use of force, threat of force, abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal), indecent assault (unwanted, offensive, or inappropriate sexual contact or fondling), or attempts to commit these acts. b. The USFK Sexual Assault Hotline is the quickest way to report a sexual assault. To call the sexual assault hotline from any DSN line in Korea, dial 158, or 763-5700. To call from a commercial line, dial 0503-363-5700. Follow the instruction in the automated message and the on-call SHARP representative will answer the telephone 24/7. c. Commanders receiving a report of sexual assault will follow the guidelines in AR 600-20, chapter 8 and Appendix F. Commanders should use the enclosures to this policy as a guide: Enclosure 2 (Commander's Must-Do Items) and Enclosure 3 (Critical Time Standards in Sex Assault Cases). d. Service members who are victims of sexual assault may report the incident in a Restricted or Unrestricted manner. (1) Restricted Reporting option allows a Soldier (or adult dependent) who is a sex assault victim to confidentially disclose the details of his/her assault to specifically identified individuals and to receive medical treatment and counseling without triggering the official investigative process. To exercise this option, the victim must report ONLY to a SHARP SARC, SHARP Victim Advocate (VA), or Health Care Provider. A victim can convert a Restricted Report an Unrestricted Report at a later date, if desired. (2) Unrestricted Reporting option allows a Soldier who is a sex assault victim to have the same services as Restricted Reporting, but allows for a full investigation and the possibility of a criminal prosecution. An Unrestricted Report requires official reporting through law enforcement and chain of command channels. With the victim's consent, the healthcare provider may conduct a forensic examination to help collect and preserve evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know. A victim cannot convert an Unrestricted Report of sexual assault to a Restricted Report. (3) For both restricted and unrestricted reporting purposes, personnel can report to healthcare personnel, but healthcare personnel will then immediately contact the SHARP SARC or SHARP VA to fill out the DD Form 2910, Victim Reporting Preference Statement. Chaplains and military attorneys cannot take official reports. A report made solely to a Chaplain or attorney interfere with SHARP support services or investigative action because of the privileges associated with speaking to these individuals. 2
EA ID-CG (4) With all reporting options, victims have the right to receive medical treatment, receive counseling, speak to a special victim's counsel, and have certain confidential conversations protected under the Military Rules of Evidence. In a credible unrestricted report of sexual assault, the victim has the right to request an expedited transfer. 7. Sexual Harassment. a. Sexual Harassment is a form of discrimination that includes unwelcome sexual advances, verbal or non-verbal requests for sexual favors, or physical conduct of a sexual nature when these actions: (a) are related to a person's job, pay, career, employment decision; (b) unreasonably interference with an individual's work performance; or (c) create an intimidating, hostile, or offensive environment. The complete definition is contained in AR 600-20 and every Soldier is responsible for knowing, understanding, and identifying the forms of sexual harassment. b. Service members who are victims of sexual harassment may submit either an informal or a formal complaint under AR 600-20. There is no restricted reporting option. (1) Informal Complaint. An informal complaint is any complaint that the victim does not wish to file in writing. In resolving an informal complaint, members of the command must ensure that the complaint is taken seriously, handled fairly, and with sensitivity. Informal complaints may be resolved without the knowledge or direct involvement of the commander. There are no time lines for resolving an informal complaint; however, the complaint will be resolved as quickly as possible. An informal complaint is often the most efficient and effective way to immediately address incidents that may constitute sexual harassment. (2) Formal Complaint. A formal complaint is one that the victim files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken. A formal sexual harassment complaint will be filed through the Brigade SARC using DA Form 7279. Individuals have 60.calendar days to file a formal complaint from the time that the incident occurred. Commanders will strictly adhere to the timelines and requirements outlined in AR 600-20 and 210 Command Policy #9, paragraph 5.b.(1)-(3). c. All commanders and leaders must take allegations of sexual harassment seriously. All allegations must be promptly reported and the Brigade SARC must be notified immediately. All 210/RUCD personnel will address and report instances of sexual harassment. It is the responsibility of every leader- military and civilian-to examine allegations of sexual harassment and take the necessary action to ensure that these matters are addressed expeditiously, fairly, and effectively. 3
EA ID-CG d. Soldiers must not fear reporting allegations of sexual harassment. All complainants will be protected from acts or threats of reprisal. Commanders at all levels will establish and implement a plan to protect the complainant, any named witnesses, and the subject from any acts of reprisal. This reprisal plan must include specified meetings and discussions with the complainant, subject, named witnesses, and selected members of the chain of the command. Commanders will work closely with their SARC and BJA to ensure reprisal plans are effectively developed. 8. Communication and Coordination. Brigade Commanders will ensure that their Brigade SARC coordinates and communicates regularly with the 210/RUCD SHARP Program Manager. To effectively track and manage reports of sexual assault, expedited transfers, and data required for Sexual Assault Review Boards (SARB), the 210/RUCD Program Manager must be able to direct reports from Brigade SARCs. 9. This is a punitive policy and Soldiers who fail to comply with these provisions may be subject to punishment under the UCMJ or adverse administrative action. Civilians who fail to comply with the provisions of this policy memorandum may be subject to other administrative actions. 10. Display this policy on all official bulletin boards and circulate among all 210/RUCD personnel. 11. Point of contact for this policy is the Division SHARP PM at DSN 315-732-7874. 3 Encls 1. References 2. Commander's Must-Do Items 3. Critical Time Standards D. SCOTT MCKEAN Major General, US Army Commanding DISTRIBUTION: A 4
Enclosure 1 REFERENCES 1. DOD Instruction 6495.01, Sexual Assault Prevention and Response (SAPR) Program for Civilian Employees, dated 12 February 2016. 2. DOD Instruction 6495.02, Change 3, Sexual Assault Prevention and Response (SAPR) Program, dated 24 May 2017. 3. Army Regulation 600-20, Army Command Policy, 6 November 2014. 4. Army Regulation 27-10, Military Justice, 11 May 2016. 5. Army Directive 2017-02, Sexual Harassment/Assault Response and Prevention (SHARP) Services for Department of the Army Civilians, 5 January 2017. 6. HQDA EXORD 221-12, 2012 Sexual Harassment/Assault Response and Synchronization Order, 23 June 2012. 7. ALARACT 188/2014, HQDA EXORD 193-14, Screening of SHARP Program Personnel and Others in Identified Positions of Significant Trust, 25 July 2014. 8. ALARACT 344/2013, HQDA EXORD 052-14, Army Installation and Below Website Information for Sexual Assault Related Phone Numbers to Reach a SHARP Sexual Assault Response Coordinator (SHARP/SARC) or Victim Advocate (SHARPNA), 31 December 2013. 9. United States Army Region - Pacific, SHARP Policy Memorandum #15-01, 12 January 2015. 10. USFK Regulation (USFK) 600-20, Sexual Assault Prevention and Response Program, 16 July 2015. 11. US Forces Korea (USFK) Command Policy Letter #9, Sexual Assault Prevention and Response, 2 January 2014. 12. BA Policy Letter #8, Sexual Harassment/Assault Response and Prevention (SHARP) Program, 20 February 2018. 13. 2d Infantry Division Command Policy #1: Open Door Policy, 18 May 2018. 14. 2d Infantry Division Command Policy #9: Equal Opportunity (EO) Complaint Procedures, 8 February 2018.
Enclosure 2 Commander Must-Do Items 1. Take immediate steps to ensure victim safety (AR 600-20, para 8-5). a. Issue a Military Protective Order (MPO). b. Talk to the victim; ensure physical and emotional security. c. Ensure mental or medical health care assistance is made available. d. Change barracks location of victim or subject as needed. e. Alter work location of victim or subject as needed. 2. Immediately notify CID (in no case later than 24 hours after report). 3. Immediately notify SARC. 4. Complete Serious Incident Report; Notify higher level command. 5. Notify SJA. 6. Notify victim of right to SVC, if not already done. 7. Notify victim of right to request expedited transfer, if not already done. 8. Flag any Soldier who is under charges, restraint or investigation. 9. Issue order to subordinates to: a. Protect victim privacy. b. Limit related information to only personnel with a need to know. c. Immediately report allegations of retaliation or ostracism. 10. Battalion Commander conducts initial victim update brief within 14 days ofreport. 11. Battalion Commander conducts monthly victim updates within 3 days of SARB. 12. Victim's commander attends SARB. 13. Complete DA Form 4833 after final disposition. 14. Conduct final victim brief within 45 days after final disposition.
Enclosure 3 Critical Time Standards in Sexual Assault Cases Initial Action: **MOST IMPORTANT ACTIONS ARE HERE** Take immediate steps to ensure victim's physical safety, emotional security, and medical treatment Commander immediately notifies CID "as soon as the victim's safety is established and victim's medical treatment procedures are in motion," but NLT 24 hours after receipt of the report Encourage a victim to get medical attention Notify SARC, higher-level command, and Chaplain if requested; collaborate with SARC, legal, medical, and chaplain to provide timely, coordinated responses SJA immediately refers victim to VWL, notifies of victim advocacy rights, notifies SARC Flag any Soldier under charges, restraint, or investigation for sexual assault Notify CID (see initial actions above), MPs, Provost Marshal, and appropriate members of the chain of command '. 24 Hours: Notify SJA All Soldiers should report sexual assault within 24 hours 8 Days: Immediate CDR of victim or subject submits report thru chain of command to: ~ Installation CDR ~ First COL and GO in the victim and subject Coe 14 Days: BN CDR updates victim on case status CDR updates higher command on status of victim and subject Monthly: BN CDR updates victim on case status TC updates victim on case, courtroom procedures and necessary testimony CDR updates higher command on status of victim and subject Final Di s ~ osition: BN CDR updates victim on disposition CDR com pl et es DA Form 4833. 45 Days After Dis~osition: BN CDR followup with victim to ensure all needs have been addressed. Ongoing: Provide emotional support to the victim Protect victim privacy Consider and track transfer requests or redeployment of victim Work closely with SARC, but be accountable, do not delegate command responsibility Determine in a timely manner how to best dispose of alleged victim misconduct Consult SJA, CID, and Victim Advocate prior to taking any administrative action affecting the victim