(a) Management of training requirements. (1) Commanders, supervisors, and managers at all levels shall be responsible for the effective implementation of the SAPR program.
(1) Commanders, supervisors, and managers at all levels shall be responsible for the effective implementation of the SAPR program.
(2) Military and DoD civilian officials at each management level shall advocate a robust SAPR program and provide education and training that shall enable them to prevent and appropriately respond to incidents of sexual assault.
(3) Data shall be collected according to the annual reporting requirements in accordance with Public Law 111-383 and explained in Sec. 105.16 of this part.
(b) General training requirements. (1) The Secretaries of the Military Departments and the Chief, NGB, shall direct the execution of the training requirements in this section to individually address SAPR prevention and response in accordance with Sec. 105.5 of this part. These SAPR training requirements shall apply to all Service members and DoD civilian personnel who supervise Service members.
(1) The Secretaries of the Military Departments and the Chief, NGB, shall direct the execution of the training requirements in this section to individually address SAPR prevention and response in accordance with Sec. 105.5 of this part. These SAPR training requirements shall apply to all Service members and DoD civilian personnel who supervise Service members.
(i) The Secretaries and the Chief, NGB, shall develop dedicated SAPR training to ensure comprehensive knowledge of the training requirements.
(ii) The SAPR training, at a minimum, shall incorporate adult learning theory, which includes interaction and group participation.
(iii) Upon request, the Secretaries and the Chief, NGB, shall submit a copy of SAPR training programs or SAPR training elements to USD(P&R;) through SAPRO for evaluation of consistency and compliance with DoD SAPR training standards in this part. The Military Departments will correct USD(P&R;) identified DoD SAPR policy and training standards discrepancies.
(2) Commanders and managers responsible for training shall require that all personnel (i.e., all Service members, DoD civilian personnel who supervise Service members, and other personnel as directed by the USD(P&R;)) are trained and that completion of training data is annotated. Commanders for accession training will ensure all new accessions are trained and that completion of training data is annotated.
(3) If responsible for facilitating the training of civilians supervising Service members, the unit commander or civilian director shall require all SAPR training requirements in this section are met. The unit commander or civilian equivalent shall be accountable for requiring data collection regarding the training.
(4) The required subject matter for the training shall be appropriate to the Service member's grade and commensurate with their level of responsibility, to include:
(i) Defining what constitutes sexual assault. Utilizing the term ``sexual assault'' as defined in 32 CFR part 103.
(ii) Explaining why sexual assaults are crimes.
(iii) Defining the meaning of ``consent'' as defined in 32 CFR part 103.
(iv) Explaining offender accountability and UCMJ violations.
(v) Explaining the distinction between sexual harassment and sexual assault and that both are unacceptable forms of behavior even though they may have different penalties. Emphasizing the distinction between civil and criminal actions.
(vi) Explaining available reporting options (Restricted and Unrestricted), the advantages and limitations of each option, the effect of independent investigations on Restricted Reports (See Sec. 105.8(a)(6) of this part) and explaining MRE 514.
(vii) Providing an awareness of the SAPR program (DoD and Service) and command personnel roles and responsibilities, including all available resources for victims on and off base.
(viii) Identifying prevention strategies and behaviors that may reduce sexual assault, including bystander intervention, risk reduction, and obtaining affirmative consent.
(ix) Discussing process change to ensure that all sexual assault response services are gender-responsive, culturally-competent, and recovery-oriented.
(x) Discussing expedited transfers and MPO procedures.
(xi) Providing information to victims when the alleged perpetrator is the commander or in the victim's chain of command, to go outside the chain of command to report the offense to other COs or an Inspector General. Victims shall be informed that they can also seek assistance from a legal assistance attorney or the DoD Safe Helpline.
(xii) Discussing of document retention for sexual assault documents (DD Forms 2910 and 2911), to include retention in investigative records. Explaining why it is recommended that sexual assault victims retain sexual assault records for potential use in the Department of Veterans Affairs benefits applications.
(c) DoD personnel training requirements. Refer to Military Service-specific training officers that maintain personnel training schedules.
(1) Accessions training shall occur upon initial entry.
(i) Mirror the General Training Requirements in Sec. 105.14(b).
(ii) Provide scenario-based, real-life situations to demonstrate the entire cycle of prevention, reporting, response, and accountability procedures to new accessions to clarify the nature of sexual assault in the military environment.
(2) Annual training shall occur once a year and is mandatory for all Service members regardless of rank or occupation or specialty.
(i) Mirror the General Training Requirements in Sec. 105.14(b).
(ii) Explain the nature of sexual assault in the military environment using scenario-based, real-life situations to demonstrate the entire cycle of prevention, reporting, response, and accountability procedures.
(iii) Deliver to Service members in a joint environment from their respective Military Services and incorporate adult learning theory.
(3) Professional military education (PME) and leadership development training (LDT).
(i) For all trainees, PME and LDT shall mirror the General Training Requirements in Sec. 105.14.
(ii) For senior noncommissioned officers and commissioned officers, PME and LDT shall occur during developmental courses throughout the military career and include:
(A) Explanation and analysis of the SAPR program.
(B) Explanation and analysis of the necessity of immediate responses after a sexual assault has occurred to counteract and mitigate the long-term effects of violence. Long-term responses after sexual assault has occurred will address the lasting consequences of violence.
(C) Explanation of rape myths (See SAPR Toolkit on www.sapr.mil), facts, and trends pertaining to the military population.
(D) Explanation of the commander's and senior enlisted Service member's role in the SAPR program.
(E) Review of all items found in the commander's protocols for Unrestricted Reports of sexual assault. (See SAPR Toolkit on www.sapr.mil.)
(F) Explanation of what constitutes reprisal according to Sec. 105.3 and procedures for reporting allegations of reprisal in accordance with DoDD 7050.06.
(4) Pre-deployment training shall be provided.
(i) Mirror the General Training Requirements in Sec. 105.14(b).
(ii) Explain risk reduction factors tailored to the deployment location.
(iii) Provide a brief history of the specific foreign countries or areas anticipated for deployment, and the area's customs, mores, religious practices, and status of forces agreement. Explain cultural customs, mores, and religious practices of coalition partners.
(iv) Identify the type of trained sexual assault responders who are available during the deployment (e.g., law enforcement personnel, legal personnel, SARC, SAPR VAs, healthcare personnel, chaplains).
(v) Upon implementation of the D-SAACP, and unless previously credentialed, include completion of certification for SARCs and VAs.
(5) Post-deployment reintegration training shall occur within 30 days of returning from deployment and:
(i) Commanders of re-deploying personnel will ensure training completion.
(ii) Explain available counseling and medical services, reporting options, and eligibility benefits for Service members and the Reserve Component.
(iii) Explain MRE 514. Explain that Reserve members not in active service at the time of the incident or at the time of the report can make a Restricted or Unrestricted report with the SARC or SAPR VA when on active duty and then be eligible to receive SAPR services.
(6) Pre-command training shall occur prior to filling a command position.
(i) Mirror the General Training Requirements in Sec. 105.14(b).
(A) The personnel trained shall include all officers who are selected for command and the unit's senior enlisted Service member.
(B) The required subject matter for the training shall be appropriate to the level of responsibility and commensurate with level of command.
(ii) Explain rape myths, facts, and trends.
(iii) Provide awareness of the SAPR program and explain the commander's and senior enlisted Service member's role in executing their SAPR service program.
(iv) Review all items found in the commander's protocols for Unrestricted Reports of sexual assault. (See SAPR Toolkit on www.sapr.mil.)
(v) Explain what constitutes reprisal and procedures for addressing reprisal allegations.
(d) G/FO and SES personnel training requirements. G/FO and SES personnel training shall occur at the initial executive level program training and annually thereafter. Mirror the General Training Requirements in Sec. 105.14(b).
(1) The Military Services' executive level management offices are responsible for tracking data collection regarding the training.
(2) The required subject matter for the training shall be appropriate to the level of responsibility and commensurate with level of command.
(3) Training guidance for other DoD components other than the Military Departments, will be provided in a separate issuance.
(e) Military Recruiters. Military recruiter training shall occur annually and mirror the General Training Requirements in Sec. 105.14(b).
(f) Training for civilians who supervise service members. Training is required for civilians who supervise Service members, for all civilians in accordance with section 585 of Public Law 112-81 and, if feasible, highly recommended for DoD contractors. Training shall occur annually and mirror the General Training Requirements in Sec. 105.14(b).
(g) Responder training requirements. To standardize services throughout the DoD, as required in 32 CFR part 103, all DoD sexual assault responders shall receive the same baseline training. These minimum training standards form the baseline on which the Military Services and specialized communities can build. First responders are composed of personnel in the following disciplines or positions: SARCs; SAPR VAs; healthcare personnel; DoD law enforcement; MCIOs; judge advocates; chaplains; firefighters and emergency medical technicians. Commanders and VWAP personnel can be first responders. Commanders receive their SAPR training separately.
(1) All responder training shall:
(i) Be given in the form of initial and annual refresher training from their Military Service in accordance with Sec. 105.5 of this part. Responder training is in addition to annual training.
(ii) Be developed for each responder functional area from each military service and shall:
(A) Explain the different sexual assault response policies and critical issues.
(1) DoD SAPR policy, including the role of the SARC, SAPR VA, victim witness liaison, and CMG.
(2) Military Service-specific policies.
(3) Unrestricted and Restricted Reporting as well as MRE 514.
(4) Exceptions to Restricted Reporting and limitations to use.
(5) Change in victim reporting preference election.
(6) Victim advocacy resources.
(B) Explain the requirement that SARCs must respond in accordance with this part.
(C) Describe local policies and procedures with regards to local resources, referrals, procedures for military and civilians as well as collaboration and knowledge of resources and referrals that can be utilized at that specific geographic location.
(D) Explain the range of victim responses to sexual assault to include:
(1) Victimization process, including re-victimization and secondary victimization.
(2) Counterintuitive behavior.
(3) Impact of trauma on memory and recall.
(4) Potential psychological consequences, including acute stress disorder and post traumatic stress disorder.
(E) Explain deployment issues, including remote location assistance.
(F) Explain the possible outcomes of investigations of sexual assault.
(G) Explain the possible flow of a sexual assault investigation. (See flowchart in the SAPR Policy Toolkit, located at www.sapr.mil.)
(H) Be completed prior to deployment.
(I) Recommend, but not require, that SAPR training for responders include safety and self care.
(2) SARC training shall:
(i) Provide the responder training requirements in Sec. 105.14(g)(1).
(ii) Be scenario-based and interactive. Provide for role play where a trainee SARC counsels a sexual assault victim and is critiqued by a credentialed SARC and/or an instructor.
(iii) Explain roles and responsibilities and command relationships.
(iv) Explain the different reporting options, to include the effects of independent investigations (see Sec. 105.8 of this part). Explain the exceptions to Restricted Reporting, with special emphasis on suspending Restricted Reporting where it is necessary to prevent or mitigate a serious and imminent threat to the health or safety of the victim or another person.
(v) Provide training on entering reports of sexual assault into DSAID through interface with a Military Service data systems or by direct data entry. Provide training on potential discovery obligations regarding any notes entered in DSAID.
(vi) Provide training on document retention of Restricted and Unrestricted cases.
(vii) Provide training on expedited transfer and MPO procedures.
(viii) Provide instruction on all details of SAPR VA screening, including addressing:
(A) What to do if SAPR VA is a recent victim, or knows sexual assault victims.
(B) What to do if SAPR VA was accused of being an offender or knows someone who was accused.
(C) Identifying the SAPR VA's personal biases.
(D) The necessary case management skills.
(1) Required reports and proper documentation as well as records management.
(2) Instruction to complete DD Form 2910 and proper storage according to Federal service privacy regulations.
(3) Ability to conduct SAPR training, when requested by the SARC or commander.
(4) Transferring cases to another installation SARC.
(ix) Explain the roles and responsibilities of the VWAP and DD Form 2701.
(x) Inform SARCs of the existence of the SAPRO Web site at http://www.sapr.mil, and encourage its use for reference materials and general DoD-level SAPR information.
(3) SAPR VA training shall:
(i) Provide the responder training requirements in Sec. 105.14(g)(1).
(ii) Be scenario-based and interactive. Provide for role play where a trainee SAPR VA counsels a sexual assault victim, and then that counseling session is critiqued by an instructor.
(iii) Explain the different reporting options, to include the effects of independent investigations (see Sec. 105.8 of this part). Explain the exceptions to Restricted Reporting, with special emphasis on suspending Restricted Reporting where it is necessary to prevent or lessen a serious and imminent threat to the health or safety of the victim or another person.
(iv) Include:
(A) Necessary critical advocacy skills.
(B) Basic interpersonal and assessment skills.
(1) Appropriate relationship and rapport building.
(2) Sensitivity training to prevent re-victimization.
(C) Crisis intervention.
(D) Restricted and Unrestricted Reporting options as well as MRE 514.
(E) Roles and limitations, to include: command relationship, SAPR VA's rights and responsibilities, reporting to the SARC, and recognizing personal biases and issues.
(F) Preparing proper documentation for a report of sexual assault.
(G) Document retention in Restricted and Unrestricted cases.
(H) Expedited transfer and MPO procedures.
(I) Record keeping rules for protected disclosures relating to a sexual assault.
(J) A discussion of ethical issues when working with sexual assault victims as a VA.
(K) A discussion of individual versus system advocacy.
(L) A review of the military justice process and adverse administrative actions.
(M) Overview of criminal investigative process and military judicial requirements.
(N) A review of the issues in victimology.
(1) Types of assault.
(2) Health consequences such as mental and physical health.
(3) Cultural and religious differences.
(4) Victims' rights and the victim's role in holding offenders appropriately accountable and limitations on offender accountability when the victim elects Restricted Reporting.
(5) Healthcare management of sexual assault and medical resources and treatment options to include the medical examination, the forensic examination, mental health and counseling, pregnancy, and STD/I and HIV.
(6) Identification of safety issues and their immediate report to the SARC or law enforcement, as appropriate.
(7) Identification of reprisal and retaliation actions against the victim; procedures for responding to reprisal actions and their immediate reporting to the SARC and the VWAP; safety planning to include how to prevent retaliation or reprisal actions against the victim.
(8) Separation of the victim and offender as well as the MPO and CPO process.
(9) Expedited transfer process for the victim.
(O) An explanation of the roles and responsibilities of the VWAP and DD Form 2701.
(P) Safety and self care, to include vicarious trauma.
(4) Healthcare personnel training shall be in two distinct training categories:
(i) Training for Healthcare Personnel Assigned to an MTF. In addition to the responder training requirements in Sec. 105.14(g)(1), MTF healthcare personnel shall be trained and remain proficient in medical treatment resources, in conducting a sexual assault patient interviews, and in conducting the SAFE Kit process. Healthcare personnel who received a Restricted Report shall immediately call a SARC or SAPR VA, so a DD Form 2910 can be completed.
(ii) Training for Healthcare Providers Performing SAFEs in MTFs (see 32 CFR 103.4). In addition to the responder training requirements in Sec. 105.14(g)(1), healthcare providers performing SAFEs shall be trained and remain proficient in conducting SAFEs. Healthcare providers who may be called on to provide comprehensive medical treatment to a sexual assault victim, including performing SAFEs are: obstetricians and gynecologists and other licensed practitioners (preferably family physicians, emergency medicine physicians, and pediatricians); advanced practice nurses with specialties in midwifery, women's health, family health, and pediatrics; physician assistants trained in family practice or women's health; and registered nurses with documented education, training, and clinical practice in sexual assault examinations in accordance with the U.S. Department of Justice Protocol. Healthcare personnel who received a Restricted Report shall immediately call a SARC or SAPR VA so a DD Form 2910 can be completed.
(iv) Healthcare personnel and provider training shall:
(A) Explain how to conduct a sexual assault patient interview to obtain medical history and assault information.
(B) Explain how to conduct a SAFE in accordance with the U.S. Department of Justice Protocol and include explanations on:
(1) SAFE Kit and DD Form 2911.
(2) Toxicology kit for suspected drug-facilitated cases.
(3) Chain of custody.
(4) Translation of findings.
(5) Proper documentation.
(6) Storage of evidence in Restricted Reports (e.g., RRCN).
(7) Management of the alleged offender.
(8) Relevant local and State laws and restrictions.
(9) Medical treatment issues during deployments including remote location assistance to include: location resources including appropriate personnel, supplies (drying device, toluidine blue dye, colposcope, camera), standard operating procedures, location of SAFE Kit and DD Form 2911; and availability and timeliness of evacuation to echelon of care where SAFEs are available.
(C) Explain how to deal with emergency contraception and STD/I treatment.
(D) Discuss physical and mental health assessment.
(E) Explain how to deal with trauma, to include:
(1) Types of injury.
(2) Photography of injuries.
(3) Behavioral health and counseling needs.
(4) Consulting and referral process.
(5) Appropriate follow-up.
(6) Drug or alcohol facilitated sexual assault, to include review of best practices, victim interview techniques, and targeted evidence collections.
(F) Explain medical record management.
(G) Explain legal process and expert witness testimony.
(5) DoD law enforcement (those elements of DoD components, to include MCIOs, authorized to investigate violations of the UCMJ) training shall:
(i) Include the Responder Training requirements in Sec. 105.14(g)(1) for DoD law enforcement personnel who may respond to a sexual assault complaint.
(ii) Remain consistent with the guidelines published under the authority and oversight of the IG, DoD. In addition, DoD law enforcement training shall:
(A) Explain how to respond in accordance with the SAPR program.
(1) Notify the command, SARC, and SAPR VA.
(2) Work with SAPR VAs and SARCs, and medical personnel.
(B) Explain how to work with sexual assault victims, to include the effects of trauma on sexual assault victims. Ensure victims are informed of and accorded their rights, in accordance with DoDI 1030.2 and DoDD 1030.01 by contacting the VWAP.
(C) Take into consideration the victim's safety concerns and medical needs.
(D) Review IG policy and Military Service regulations regarding the legal transfer of the SAFE Kit and the retention of the DD Form 2911 or reports from civilian SAFEs in archived files.
(E) Discuss sex offender issues.
(6) Training for MCIO agents assigned to investigate sexual assaults shall:
(i) In accordance with Public Law 112-81, be detailed in IG policy.
(ii) Adhere to the responder training requirements in Sec. 105.14(g)(1) for military and civilian criminal investigators assigned to MCIOs who may respond to a sexual assault complaint.
(iii) Remain consistent with the guidelines published under the authority and oversight of the IG, DoD. In addition, MCIO training shall:
(A) Include initial and annual refresher training on essential tasks specific to investigating sexual assault investigations that explain that these reports shall be included in sexual assault quarterly and annual reporting requirements found in Sec. 105.16 of this part.
(B) Include IG policy and Military Service regulations regarding the legal transfer of the SAFE Kit and the retention of the DD Form 2911 or reports from civilian SAFEs in archived files.
(C) Explain how to work with victims of sexual assault.
(1) Effects of trauma on the victim to include impact of trauma and stress on memory as well as balancing investigative priorities with victim needs.
(2) Ensure victims are informed of and accorded their rights, in accordance with DoDI 1030.2 and DoDD 1030.01 by contacting the VWAP.
(3) Take into consideration the victim's safety concerns and medical needs.
(D) Explain how to respond to a sexual assault in accordance with to 32 CFR part 103, this part, and the assigned Military Service regulations on:
(1) Notification to command, SARC, and VWAP.
(2) Investigating difficult cases to include drug and alcohol facilitated sexual assaults, having multiple suspects and sexual assaults in the domestic violence context as well as same-sex sexual assaults (male/male or female/female).
(E) Review of available research regarding false information and the factors influencing false reports and false information, to include possible victim harassment and intimidation.
(F) Explain unique issues with sex offenders to include identifying, investigating, and documenting predatory behaviors.
(G) Explain how to work with the SARC and SAPR VA to include SAPR VA and SARC roles, responsibilities, and limitations; victim services and support program; and MRE 514.
(7) Judge advocate training shall:
(i) Prior to performing judge advocate duties, adhere to the Responder Training requirements in Sec. 105.14(g)(1) for judge advocates who are responsible for advising commanders on the investigation or disposition of, or who prosecute or defend, sexual assault cases.
(ii) Explain legal support services available to victims.
(A) Pursuant to the respective Military Service regulations, explain that each Service member who reports a sexual assault shall be given the opportunity to consult with legal assistance counsel, and in cases where the victim may have been involved in collateral misconduct, to consult with defense counsel.
(1) Provide information concerning the prosecution, if applicable, in accordance with DoD 8910.1-M. Provide information regarding the opportunity to consult with legal assistance counsel as soon as the victim seeks assistance from a SARC, SAPR VA, or any DoD law enforcement agent or judge advocate.
(2) Ensure victims are informed of their rights and the VWAP program, in accordance with DoDI 1030.2 and DoDD 1030.01.
(B) Explain the sex offender registration program.
(iii) Explain issues encountered in the prosecution of sexual assaults.
(A) Typologies (characteristics) of victims and sex offenders in non-stranger sexual assaults.
(B) Addressing the consent defense.
(C) How to effectively prosecute alcohol and drug facilitated sexual assault.
(D) How to introduce forensic and scientific evidence (e.g., SAFE Kits, DNA, serology, toxicology).
(E) MRE issues and updates to regard sexual assault prosecution in accordance with MRE 412, 413, and 615 of the Manual for Courts-Martial, United States.
(F) How to advise victims, SAPR VAs, and VWAP about the military justice process, and MRE 514. Explain:
(1) Victims' rights during trial and defense counsel interviews (e.g., guidance regarding answering questions on prior sexual behavior, interviewing parameters, coordinating interviews, case outcomes).
(2) In the case of a general or special court-martial involving a sexual assault as defined in 32 CFR part 103, a copy of the prepared record of the proceedings of the court-martial (not to include sealed materials, unless otherwise approved by the presiding military judge or appellate court) shall be given to the victim of the offense if the victim testified during the proceedings in accordance with Public Law 112-81.
(3) Guidance on victim accompaniment (e.g., who may accompany victims to attorney interviews, what is their role, and what should they do if victim is being mistreated).
(4) MRE 412 of the Manual for Courts-Martial, United States, to investigations pursuant to an Article 32 hearing.
(5) Protecting victim privacy (e.g., access to medical records and conversations with SARC or SAPR VA, discovery consequences of making victim's mental health an issue, MRE 514).
(8) Legal Assistance Attorney training shall adhere to the requirements of annual training in Sec. 105.14(c)(2). Attorneys shall receive training in order to have the capability to provide legal assistance to sexual assault victims in accordance with the USD(P&R;) Memorandum. Legal assistance attorney training shall include:
(i) The VWAP, including the rights and benefits afforded the victim.
(A) The role of the VWAP and what privileges do or do not exist between the victim and the advocate or liaison.
(B) The nature of the communication made to the VWAP as opposed to those made to the legal assistance attorney.
(ii) The differences between the two types of reporting in sexual assault cases.
(iii) The military justice system, including the roles and responsibilities of the trial counsel, the defense counsel, and investigators. This may include the ability of the Government to compel cooperation and testimony.
(iv) The services available from appropriate agencies or offices for emotional and mental health counseling and other medical services.
(v) The availability of protections offered by military and civilian restraining orders.
(vi) Eligibility for and benefits potentially available as part of transitional compensation benefits found in section 1059 of title 10, U.S.C., and other State and Federal victims' compensation programs.
(vii) Traditional forms of legal assistance.
(9) Chaplains, chaplain assistants and religious personnel training shall:
(i) Adhere to the responder training requirements in Sec. 105.14(g)(1).
(ii) Pre-deployment SAPR training shall focus on counseling services needed by sexual assault victims and offenders in contingency and remote areas.
(iii) Address:
(A) Privileged communications and the Restricted Reporting policy rules and limitations, including legal protections for chaplains and their confidential communications, assessing victim or offender safety issues (while maintaining chaplain's confidentiality), and MRE 514.
(B) How to support victims with discussion on sensitivity of chaplains in addressing and supporting sexual assault victims, identifying chaplain's own bias and ethical issues, trauma training with pastoral applications, and how to understand victims' rights as prescribed in DoDI 1030.2 and DoDD 1030.01.
(C) Other counseling and support topics.
(1) Offender counseling should include: assessing and addressing victim and offender safety issues while maintaining confidentiality; and counseling an offender when the victim is known to the chaplain (counseling both the offender and the victim when there is only one chaplain at a military installation).
(2) Potential distress experienced by witnesses and bystanders over the assault they witnessed or about which they heard.
(3) Counseling for SARCs, SAPR VAs, healthcare personnel, chaplains, JAGs, law enforcement or any other professionals who routinely works with sexual assault victims and may experience secondary effects of trauma.
(4) Providing guidance to unit members and leadership on how to mitigate the impact that sexual assault has on a unit and its individuals, while keeping in mind the needs and concerns of the victim.