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//