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UNDER SECRETARY OF DEFENSE 4000 DEFENSE …

UNDER SECRETARY OF DEFENSE 4000 DEFENSE pentagon washington , 20301- 4000 PERSONNEL AND READINESS September 30, 2014 MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS CHAIRMAN OF THE JOINT CHIEFS OF STAFF UNDER SECRETARIES OF DEFENSE DEPUTY CHIEF MANAGEMENT OFFICER DIRECTOR, COST ASSESSMENT AND PROGRAM EVALUATION DIRECTOR, OPERATIONAL TEST AND EVALUATION GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE ASSISTANT SECRETARIES OF DEFENSE DEPARTMENT OF DEFENSE CHIEF INFORMATION OFFICER ASSISTANTS TO THE SECRETARY OF DEFENSE DIRECTOR, NET ASSESSMENT DIRECTORS OF THE DEFENSE AGENCIES DIRECTORS OF THE DoD FIELD ACTIVITIES SUBJECT: Directive-type Memorandum (DTM) 14-007 Sexual Assault Incident Response Oversight

under secretary of defense . 4000 defense pentagon . washington, d.c. 20301-4000 . personnel and . readiness. september 30, 2014 . memorandum for secretaries of the military departments

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Transcription of UNDER SECRETARY OF DEFENSE 4000 DEFENSE …

1 UNDER SECRETARY OF DEFENSE 4000 DEFENSE pentagon washington , 20301- 4000 PERSONNEL AND READINESS September 30, 2014 MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS CHAIRMAN OF THE JOINT CHIEFS OF STAFF UNDER SECRETARIES OF DEFENSE DEPUTY CHIEF MANAGEMENT OFFICER DIRECTOR, COST ASSESSMENT AND PROGRAM EVALUATION DIRECTOR, OPERATIONAL TEST AND EVALUATION GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE ASSISTANT SECRETARIES OF DEFENSE DEPARTMENT OF DEFENSE CHIEF INFORMATION OFFICER ASSISTANTS TO THE SECRETARY OF DEFENSE DIRECTOR, NET ASSESSMENT DIRECTORS OF THE DEFENSE AGENCIES DIRECTORS OF THE DoD FIELD ACTIVITIES SUBJECT: Directive-type Memorandum (DTM) 14-007 Sexual Assault Incident Response Oversight (SAIRO) Report References: See Attachment 1 Purpose.

2 In accordance with SECRETARY of DEFENSE Memorandum (Reference (a)) and the authority in DoD Directive (Reference (b)), this DTM: Provides general or flag officer (G/FO) level commanders with oversight within 8 calendar days over the local response to an Unrestricted Report or an independent investigation (see Glossary) of sexual assault to assure victim care, visibility, and transparency to senior leaders and system accountability. Provides guidance on how to: o Detail the actions taken or in progress to provide the necessary care and support to the adult victim of the sexual assault; o Record whether the allegation of sexual assault has been referred to the Military Criminal Investigative Organization (MCIO); and DTM-14-007, September 30, 2014 2 o Record whether the initial notification of the serious incident has taken place.

3 Is effective September 30, 2014; it must be incorporated into DoD Instruction (DoDI) (Reference (c)). This DTM will expire effective September 30, 2015. Applicability. This DTM applies to: OSD, the Military Departments (including the Coast Guard when it is operating as a Service in the Navy), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of DEFENSE , the DEFENSE Agencies, the DoD Field Activities, and all other organizational entities within the Department of DEFENSE .

4 National Guard and Reserve Component members when performing active service, as defined in section 101(d)(3) of Title 10, United States Code ( ) (Reference (d)), and inactive duty training. Definitions. See Glossary. Policy. It is DoD policy that: A SAIRO Report is required when the assigned immediate commander receives: notification of an Unrestricted Report from a sexual assault response coordinator (SARC) or notification of an independent investigation from the MCIO. The SAIRO report will be prepared and submitted by the assigned immediate commander (see Attachment 3) with input from the SARC and the MCIO.

5 The SARC will be solely responsible for providing all victim information required by the SAIRO report to the commander. The MCIO must be immediately contacted in accordance with DoDI (Reference (e)). The victim must be offered healthcare (medical and mental health), victim advocacy, and a Special Victim s Counsel or Victims Legal Counsel. If requested by the victim, healthcare and advocacy must be provided as authorized UNDER the Sexual Assault Prevention and Response ( SAPR) Program in accordance with Reference (c) and DoD Directive (Reference (f)).

6 For the purposes of the SAIRO, to avoid the unintended consequence of victims being reluctant to report because they do not want the first G/FO and DTM-14-007, September 30, 2014 3 the O-6 in their chain to identify them as a sexual assault victim, the SAIRO report will not include victim personally identifiable information (PII), victim photographs, or additional incident information that could reasonably lead to personal identification of the victim or the subject for both Unrestricted Reports and independent investigations.

7 Information regarding the SAIRO Report will only be released to personnel with an official need to know in accordance with section 522a of Title 5, (Reference (g)) or as authorized by law. In the first 8 calendar days of an Unrestricted Report (information provided by the SARC) or an independent investigation (information provided by the MCIO), some information may not be available to complete the SAIRO Report. There is no follow-up report required. The SAIRO report is a one-time reporting requirement. Responsibilities.

8 See Attachment 2. Procedures. See Attachment 3. Releasability. Cleared for public release. This DTM is available on the Internet from the DoD Issuances Website at Attachments: As stated cc: Chief of the National Guard Bureau DTM-14-007, September 30, 2014 Attachment 1 4 ATTACHMENT 1 REFERENCES (a) SECRETARY of DEFENSE Memorandum, Sexual Assault Prevention and Response, August 14, 2013 (b) DoD Directive , UNDER SECRETARY of DEFENSE for Personnel and Readiness (USD(P&R)), June 23, 2008 (c) DoD Instruction , Sexual Assault Prevention and Response (SAPR) Program Procedures, March 28, 2013, as amended (d) Title 10, United States Code (e)

9 DoD Instruction , Investigation of Adult Sexual Assault in the Department of DEFENSE , January 25, 2013, as amended (f) DoD Directive , Sexual Assault Prevention and Response (SAPR) Program, January 23, 2012, as amended (g) Section 522a of Title 5, United States Code (commonly known as the Privacy Act of 1974 ) (h) Title 32, United States Code (i) DoD Directive , Family Advocacy Program (FAP), August 23, 2004 (j) DoD Instruction , Domestic Abuse Involving DoD Military and Certain Affiliated Personnel, August 21, 2007, as amended (k) DoD , DoD Health Information Privacy Regulation, January 24, 2003 DTM-14-007, September 30, 2014 Attachment 2 5 ATTACHMENT 2 RESPONSIBILITIES 1.

10 DIRECTOR, SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE (SAPRO). UNDER the authority, direction, and control of the UNDER SECRETARY of DEFENSE for Personnel and Readiness (USD(P&R)), through the Director, DoD Human Resources Activity, the Director, SAPRO: a. Monitors the implementation of this DTM by the Military Departments. b. If necessary, recommends updates to the SAIRO report policy to the USD(P&R). 2. SECRETARIES OF THE MILITARY DEPARTMENTS. The Secretaries of the Military Departments: a. Establish Service procedures to implement the SAIRO report requirement within 60 calendar days of this DTM s effective date.


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