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SHARP Stand-down Refresher Training
Commanders and JFHQ SARCs VA SHARP Specialists The members of “The Circle of Trust” Chaplains are trained to assist with: Sexual assault policy Victim rights Trauma training with pastoral applications Documentation Permissible reporting of information to command and others Victimology: the clinical/scientific study of the cause, effects and treatment of victim motivation, behavior, and symptoms. “Confidentiality and Privileged Communications” Confidentiality: A fundamental principle of sexual assault services Victims have the basic right to expect that information shared with the SARC/SHARP & UVA/SHARP Specialists will not be shared without the victim’s knowledge or consent This information is within the context of a privileged or protected relationship “Reporting” implies concern for both confidentiality and for privileged communication While maintenance of confidentiality should be attempted, it will neither be guaranteed nor promised to the complainant by agencies other than the chaplain or a lawyer “Privileged” includes conversations that take place within the context of a protected relationship, such as that between an attorney and client, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations. However, there are exceptions that can invalidate a privileged communication, and there are various circumstances where it can be waived, either purposefully or unintentionally. SJAs can assist in the following areas: Recantations and false information Deployment issues Trial counsel and military defense counsel: Have available specialized prosecution and defense counsel for sexual assault cases Sexual assault and sexual harassment response Presenting evidence Interviewing, trial preparation, and cross-examination Sexual assault victim preparation for interviews, depositions, and testimony SJA’s are the “go-to” in determining jurisdictional issues Healthcare providers (MTF) are trained to assist with: Sexual assault victim interview Sexual assault examination process Emergency contraception/HIV/STD treatment Trauma Medical record management Guidelines for reporting sexual assault Legal processes and expert witness testimony Law enforcement personnel are trained in: Sexual assault response policies (DOD and Army) Responding to sexual assault Crime scene management Preliminary interviews Victimology Understanding sex offenders Sexual assault special investigators (CID) are trained in: Sexual assault policies Interview techniques Working with SARC/SHARP & UVA/SHARP Specialists Collecting evidence
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AGENDA Commander’s Roles Commander’s Expectations Joint Force Headquarters Sexual Assault Response Coordinator (JFHQ SARC) Responsibilities Victim Advocate (VA) SHARP Specialists Responsibilities
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“Commanders, non-commissioned officers, and law enforcement must ensure that every allegation of sexual assault and sexual harassment is thoroughly and professionally investigated and that appropriate action is taken. Leaders at every level are responsible for establishing a command climate of mutual respect, trust, and safety. Leaders must develop systems to “see” their units, and understand the extent to which their leadership promotes a positive command climate for all Soldiers. I urge everyone to start a conversation within your unit or organization, among leaders, peers, and subordinates and with family and friends to better understand one another’s experiences and to develop better solutions to this problem.” Raymond T. Odierno General, 38th Chief of Staff U.S. Army CSA Sends, 16 May 2013
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Strategic Level Focus on Sexual Assault in the Military
“Sexual assault is a crime…a persistent problem that violates everything we stand for. We must do everything we can do to protect our men and women from sexual assault, and those who would attack their dignity and their honor.” GEN FRANK J. GRASS, Chief National Guard Bureau May 25, 2013 – GEN Grass and other JCS members meet with Pres Obama to discuss sexual assault in the military
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Commander’s Role in Prevention
Commanders must promote a climate where Soldiers Treat one another with dignity and respect Are empowered to intervene, act, and motivate Soldiers, Family members, and civilians feel comfortable reporting sexual harassment and sexual assault incidents Commanders must maintain a quality SHARP Program which aligns with the DOD SAPR Strategic Plan and JCS Strategic Lines of Effort Ensure selection of highly qualified JFHQ SARC and VA SHARP Specialist appointed by appropriate approving official Support Sexual Assault Awareness/Prevention events
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Commander’s Role in Response
Take immediate steps to ensure victim’s safety, security, and medical treatment needs Ensure appropriate law enforcement is notified within 24 hours; 48 hours in deployed environments Establish a command climate of prevention Emphasize that sexual assault violates the core values of the Armed Forces as a profession Call attention to the potential legal consequences, and DOD and Military Service policies on sexual assault Keep a “finger on the pulse” of the organization’s climate Respond appropriately to negative trends Monitor JFHQ SARC and VA SHARP Specialists for signs of vicarious trauma Commanders Additional Tools Expedited Transfers Requests NGB Office of Complex Investigations
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Commander’s Expectations
JFHQ SARCs and VA SHARP Specialists are expected to: Improve the quality of response to sexual assault victims. Recognize how JFHQ SARCs and VA SHARP Specialists contribute to unit readiness by creating a climate of trust and mutual respect. Communicate to military leadership that victim advocacy is a specialized skill set. Demonstrate professionalism at all times. Maintain certification requirements; engage in continuing education and development that enhances teamwork and interpersonal skills, which in turn can increase readiness to participate in a broader range of missions.
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JFHQ SARCs and VA SHARP Specialists are expected to:
Commander’s Expectations I Will Never Leave A Fallen Comrade JFHQ SARCs and VA SHARP Specialists are expected to: BELIEVE – We believe all Soldiers who report a sexual assault SUPPORT – We empower victims to heal and ensure consistent and fair treatment of Soldiers who report sexual assault SAFETY – We educate and advocate to reduce the occurrence of sexual assault.
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JFHQ SARC As the JFHQ SARC you must:
Provide program oversight and implementation to ensure consistent, sensitive, and appropriate care for victims Advertise the DoD Safe Helpline, , for 24/7 support of ARNG sexual assault victims Exercise oversight responsibility for VA/SHARP Specialist Respond to every Restricted and Unrestricted Report of sexual assault within the ARNG Response that recognizes the high prevalence of pre-existing trauma (prior to present sexual assault incident) Offer appropriate referrals to victims and facilitate access to referrals; encourage victims to follow up with referrals Explain to victims the services of SARC/VA SHARP Specialists are optional and may be declined, in whole or in part, at any time. The victim may decline advocacy services, even if the SARC/VA SHARP Specialist holds a position of higher rank or authority. Explain victim’s option of requesting a different SARC/VA SHARP Specialist Have the victim complete the DD Form 2910 and advise it will be maintained for 50 years victim advocacy duties, as needed.
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JFHQ SARC Continued On Restricted Reports, store the original DD Form 2910, Victim Reporting Preference Statement, under double lock and key for 50 years (when requested by the victim) For Unrestricted Reports ,upload the signed DD 2910 into the appropriate database If the ARNG victim was in a T10 status at the time of the assault, input sexual assault case data into the Army’s Integrated Case Reporting System (ICRS) If the ARNG victim was in a T32 or Non Duty Status at the time of the assault, input the sexual assault case data into the Defense Sexual Assault Incident Database (DSAID) Adhere to confidentiality requirements of Restricted Reporting, MRE 514 and/or any state laws governing advocate privilege – Explain implications of confiding in another person resulting in a third-party report to command or DOD law enforcement Provide TAG non-PII within 24 hours of a Restricted Report – notification may be extended to 48 hours if there are extenuating circumstances or at the discretion of TAG Provide first LTC in the victim’s chain of command with information regarding an Unrestricted Report within 24hours – notification may be extended to 48 hours if there are extenuating circumstances. Assist commander in ensuring the victims of sexual assault receive appropriate responsive care and understand available SAPR services
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JFHQ SARC Continued Facilitate education of command personnel on sexual assault and victim advocacy services Actively work to protect victims from reprisals for reporting incidents of sexual assault Provide referrals and support to ARNG victims of domestic violence and record information in GKO Build strong collaborative partnerships with relevant civilian agencies Support the TAG in holding a monthly Case Management Group (CMG) meeting, IAW DoDI and upload monthly agenda and minutes in JSS Coordinate activities and events for SAAM Support education of first responders on issues relating to sexual assault and available services Adhere to the SARC/VA Code of Ethics associated with the D-SAACP certification
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VA/SHARP Specialists (1 of 3)
When interacting initially with a victim, VA/SHARP Specialists have important responsibilities: Ensure victim understands speaking with VA/SHARP Specialist is voluntary Ascertain victim’s immediate needs If there are any concerns about harm to self or others, contact your DPH to complete a clinical assessment of risk Encourage victim to seek medical consultation/examination Ensure victim is aware of resources available to promote his or her safety Explain each reporting option available, including exceptions/limitations of each If a victim has discussed the assault with a family member or friend (provided they are not part of the victim’s COC or LE) ensure the victim is aware they can still make a restricted report
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VA/SHARP Specialist (2 of 3) Other responsibilities include:
Review DD Form 2910 with victim to ensure they understand implications of their choice of report type Ensure DD2910 has been correctly initialed, signed, dated, & completed Provide victim copy of signed & dated DD2910 Offer information on military & civilian support services Facilitate victim’s contact with military & civilian resources, as requested by victim Advise victim of VA/SHARP Specialist’s availability to provide ongoing advocacy services for as long as desired Consult with the JFHQ SARC about immediate assistance that has been provided Provide victims with ongoing assistance related to recovery from sexual assault
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VA/SHARP Specialist (3 of 3) Additional responsibilities:
Serve as member of CMG & attend all CMG meetings involving victim’s case, when requested by the JFHQ SARC Maintain follow-up contact with victim, as requested by victim Support victim in decision making by providing relevant information & discussing available options Assist victim with prioritizing actions & establishing short & long-term goals related to recovery from sexual assault Support victim in advocating on his or her own behalf Assist victim in gaining access to service providers & victim support resources Assist victim in contacting appropriate military & civilian legal offices for personal legal advice & assistance Advise victim of impact of sexual assault on Family members & offer referral information for Family members Accompany victim to appointments & civilian & military court proceedings, when requested by victim Consult regularly with the JFHQ SARC
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JFHQ SARC & VA/SHARP Specialists
SHARP Partners TAG JFHQ SARC & VA/SHARP Specialists Civilian LE SJA Chaplain OCI Civilian Medical The members of “The Circle of Trust” Chaplains are trained to assist with: Trauma training with pastoral applications Providing victims information about resources and reporting options “Confidentiality and Privileged Communications” Confidentiality: A fundamental principle of sexual assault services Victims have the basic right to expect that information shared with the Chaplain or SHARP personnel will not be shared without the victim’s knowledge or consent This information is within the context of a privileged or protected relationship “Reporting” implies concern for both confidentiality and for privileged communication While maintenance of confidentiality should be attempted, it will neither be guaranteed nor promised to the complainant by agencies other than the chaplain or a lawyer “Privileged” includes conversations that take place within the context of a protected relationship, such as that between an attorney and client, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations. However, there are exceptions that can invalidate a privileged communication, and there are various circumstances where it can be waived, either purposefully or unintentionally. In sexual assault cases that are investigated/prosecuted under the UCMJ victim advocates have privilege. Many states give victim advocates privilege in their communication with victims SJAs can assist in the following areas: Victim rights Recantations and false information Deployment issues Trial counsel and military defense counsel: Have available specialized prosecution and defense counsel for sexual assault cases Sexual assault and sexual harassment response Presenting evidence Interviewing, trial preparation, and cross-examination Sexual assault victim preparation for interviews, depositions, and testimony SJA’s are the “go-to” in determining jurisdictional issues Forensic Nurse Examiners are trained to assist with: Sexual assault forensic exam victim interview Sexual assault examination process Emergency contraception/HIV/STD treatment Trauma Medical record management Guidelines for reporting sexual assault Legal processes and expert witness testimony Military Law enforcement personnel who have attended the Military Police Academy at Ft Leonard Wood are trained in: Sexual assault response policies (DOD and Army) Responding to sexual assault Crime scene management Preliminary interviews Victimology Understanding sex offenders Sexual assault policies Interview techniques Working with SARC/SHARP & VA/SHARP Specialists Collecting evidence In addition to unit SHARP personnel, the commander is supported by five critical partners.
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As a Commander and JFHQ SARC or VA SHARP Specialist, we MUST:
Know our partners Know victims rights TOGETHER…..WE WILL MAKE A DIFFERENCE! TOGETHER…..WE WILL CHANGE THE CULTURE! References: National Defense Authorization Act of 2012 National Defense Authorization Act of 2013 Department of Defense Directive , April 13, 2013 Department of Defense Instruction , Mar 28, 2013 Secretary of Defense Memorandum, May 6, 2013 Assistant Secretary of the Army Memorandum, May 16, 2013 Assistant Secretary of the Army Memorandum, May 28, 2013 Army Regulation EXORD
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T-32 Commanders Checklist
COMMANDERS TOOLS T-32 Commanders Checklist Investigative jurisdiction is determined by the status of the alleged offender (T10, T32 or civilian) and the location of the assault (Federal installation, non-Federal location) CID/ Local Law Enforcement If the alleged offender is in a T10 Status, CID will investigate If the alleged offender is in a T32 Status, local law enforcement will investigate. It is important to develop relationships with local agencies to support these types of investigations Line of Duty (LOD) Investigations The JFHQ SARC will initiate sexual assault related LODs as required COMMANDER’S CHECKLIST: ADDRESSING UNRESTRICTED REPORTS OF SA This checklist provides instructions for National Guard (NG) commanders who receive unrestricted reports of sexual assault (SA). An unrestricted report of SA is the process that an individual uses to disclose, without requesting confidentiality or Restricted Reporting, that he or she is the victim of a SA. A report may be made by a victim, witness, or an individual who heard about the SA. The safety of the victim is the first concern. Once victim safety is ensured, commanders or their designees must immediately notify the appropriate civilian law enforcement (LE) or Military Criminal Investigative Organization (MCIO), Army Criminal Investigations Division (CID) or Air Force Office of Special Investigation (OSI) organization. Commanders must also contact the Sexual Assault Response Coordinator (SARC) located at the Joint Force Headquarters State (JFHQ). It is imperative that commanders do not hinder a criminal investigation by investigating the matter themselves. Commanders must not perform informal inquiries, including questioning victims, alleged perpetrators, or other witnesses about the incident. Questions asked of the victim should be limited to what is necessary to deal with his or her immediate health care needs. Make sure victim is safe. Do not question him or her about the incident, but get enough information to address immediate health care needs. Ask the victim if he or she needs to go to hospital. If SA took place within the past 30 days or if he or she has any physical ailments connected to the SA, encourage him or her to do so. If necessary, transport the victim to hospital. Immediately contact the SARC at JFHQ. Contact the appropriate LE and or military law enforcement. If either the victim or the reported perpetrator is on Title 10 orders or if the reported assault took place on a federal installation, contact the appropriate MCIO, CID, or OSI. If neither the victim nor reported perpetrator is on Title 10 orders and if the reported assault did not take place on a federal installation, contact LE. If possible, secure the scene of the SA and restrict the entrance area until LE/MCIO arrives. If possible, segregate the reported perpetrator(s) and witnesses who are on orders until LE or MCIO arrive. The perpetrator(s) should continue working, but shouldn’t be allowed to speak to each other or use cellular telephones or other portable communication devices until LE or MCIO arrives. Order them not to erase anything from their cellular telephones or other portable communication devices. Don’t allow them to discuss the matter with anyone. Contact the State Active Guard Reserve (AGR) or NG Technician Judge Advocate (JA) immediately to inform them of the reported SA. Cooperate with LE and MCIO and ensure supervisors provide full support to the investigation, consistent with law. Do not pressure or force alleged perpetrator(s) to speak with or provide materials or statements to investigators. Do not publicize SA and discourage others from discussing the incident openly, as it could re-victimize the victim and prevent future victims from reporting SAs. If contacted by the press regarding a reported SA, refer them JFHQ Public Affairs.
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SHARP Website: http://www.preventsexualassault.army.mil/
ADDITIONAL RESOURCES SHARP Website: DOD SAPR Website: DoD Safe Helpline: NGB Sexual Assault Prevention and Response Office
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