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On 9 Jan 2009, Jennifer Grogan writing in the Day, reported the following:
Thirteen female cadets and 11 males at the U.S. Coast Guard Academy (CGA) reported anonymously in an
April 2008 survey that they experienced
“unwanted sexual contact,” ranging from touching to forced sexual acts, during the 2007-08 school year.
More than three-quarters said that
alcohol or drugs were involved and that the offender was a fellow cadet.
None of the women sought professional help and only 7 percent discussed the incident with authorities. Not enough of the male respondents answered follow-up questions to provide data, according to the Defense Department survey.
”The fact that we have
cadets who are being predators on cadets bothers me because I'm committed to giving cadets a safe living and working environment,” said
Capt. John Fitzgerald, the new Commandant of Cadets.
“I'm not going to rest until the day I leave here, working to eradicate that.”
The last survey of cadets, done by CGA in October 2006, found that there were 23 incidents of sexual assault involving 14 women and nine men. Cadet focus groups revealed acceptance, and even encouragement, of alcohol use.
A few months before that survey was taken, Senior cadet
Webster Smith was court-martialed on charges of sexual assault, among other things.
The Defense Department conducts a congressionally mandated “
service academy gender relations survey” every two years at the West Point, Annapolis and the U.S. Air Force Academy. CGA, which falls under the Department of Homeland Security, voluntarily participated last year instead of doing its own survey of cadets.
Participating is a way to make CGA more transparent and to give Coast Guard officials an unbiased look at the state of gender relations at the school,
Fitzgerald said.
Cadets are told about the survey at a meeting and can choose whether or not to complete it.
It is difficult to draw comparisons between past CGA surveys and the DOD version because the surveys use different terminology, like “sexual assault” versus “unwanted sexual contact,” and ask about different timeframes, such as a cadet's entire time at the academy versus one school year.
At the DOD academies, 9 percent of women and 1 percent of men reported experiencing some form of unwanted sexual contact last year, while 52 percent of women and 11 percent of men said they were sexually harassed.
At CGA, 44 percent of women and 14 percent of men reported being sexually harassed. More than three-quarters said the offender was a fellow cadet.
”We can't have sexual harassment here, because you can't be a leader and have people look at you in two different lights,”
Fitzgerald said. “We have to get to a point where if that happens, another cadet will turn around and say, 'Stop. You are a Coast Guard cadet who will be a Coast Guard officer and you're supposed to be the epitome of a leader and a professional and you can't behave in this manner.' “
Is John Fitzgerald casted from the same mold as Doug Wisniewski? Will he court-martial another cadet?
It appears that the message that
the court-martial of Webster Smith was supposed to send was not received "loud and clear" by the intended parties. Or perhaps the cadets just cannot help themselves. They continue doing what normal, healthy, red-blooded Americans have been doing since the dawn of time.
Could it be that the fault is not with the cadets but with the Administration? If you continue to place these attractive physical specimens in close proximity with each other, and force them to come together as a team, can you really expect them to act any differently? One definition of
insanity is doing the same thing over and over and expecting a different result.
Civilian colleges do not appear to have the same problems, at least, not to the same degree. At civilian colleges students can inhabit the same physical environment and never really interact. They can remain individuals without developing a group identity. They do not live together, even in a dormitory. No one forces them to take group responsibility for the acts of any individual.
Things are different at a military academy. Strangers are forced to become intimately aware of each other and to work together for a common goal. They bond and they develop a group identity. When one catches a cold, they all sneeze. They begin to take responsibility for each other; they become like family. A little touchie-feelie is inevetable.
The only solution is to separate the genders. Put them on different floors or in different buildings. It might even be necessary to put them at separate training facilities. That is the only way to eliminate any possibility of unwanted touching. However, eventually they will have to come together for training and for work. That is when the temptations and the infatuations will begin. One person's unwanted sexual contact (sexual assault) is another person's wet dream. You never know until after the fact.
U. S. Coast Guard COMMANDANT INSTRUCTION 1754.10C has been promulgated:
PURPOSE: To establish policy and prescribe procedures for the Coast Guard Sexual Assault Prevention and Response Program (SAPRP). The ultimate purpose of this program is to build a culture of prevention, sensitive response and accountability in keeping with the Coast Guard’s values of honor, respect, and devotion to duty.
ACTION: Area, district, and sector commanders, commanders of maintenance and logistics commands, commanding officers of integrated support commands, commanding officers of headquarters units, assistant commandants for directorates, Judge Advocate General and special staff elements at Headquarters shall ensure compliance with the provisions of this Instruction. Internet release authorized.
a. This Instruction applies when sexual assault is reported or alleged and a Coast Guard active duty member, Coast Guard Reserve member on active duty or in a drill status, civilian employee, or dependent is the victim or accused and the incident occurs on Coast Guard controlled property. It also applies when sexual assault is reported or alleged and a Coast Guard active duty member or Coast Guard Reserve member on active duty or in a drill status is the victim or accused and the incident occurs off Coast Guard controlled property.
b. Total compliance with the requirements of this instruction will be challenging and, in some cases impossible, as circumstances beyond Coast Guard control will limit what can be done. Nonetheless, reasonable efforts shall be made to provide all covered victims the same response procedures and applicable reporting options described in this Instruction.
d. The Superintendent of the Coast Guard Academy may supplement the procedures in this Instruction to effectively use the unique support and counseling resources available at the Academy in cases involving cadets and officer candidates. All incidents must be reported to Commandant (CG-1112) per paragraphs 8.i.(2).b. and 8.i.(2).d. All incidents where victims choose unrestricted reporting must be immediately reported to the Coast Guard Investigative Service.
e. The restricted reporting option is available to those sexual assault victims who are Coast Guard members assaulted while in an active duty status. This includes members of the Coast Guard Reserve component when they are performing active duty training, or are in Title 10 (regular active duty) or Title 14 (emergency augmentation) status, or while in an inactive duty for training status. (Note: legislative and notice of eligibility procedural changes are needed to ensure that reservists can receive all needed services and still request restricted reporting. These issues are being worked. Future guidance will be provided when needed changes are in place.)
f. This Instruction supersedes all regulatory and policy guidance that is inconsistent with this Instruction, including references (a) through (d), not expressly mandated by law.
g. Reference (e) provides policies and procedures for reporting sexual abuse incidents occurring between family members or committed by caregivers and should be followed in those situations.
h. Any questions about the applicability of this Instruction should be directed to the cognizant Integrated Support Command/Headquarters Support Command Work-Life staff, or Commandant (CG-1112).
a. The Coast Guard is committed to ensuring victims of sexual assault are protected, treated with dignity and respect, and provided appropriate ongoing support. In addition, the Coast Guard is dedicated to ensuring that persons who commit crimes are held accountable. To achieve these dual objectives, the Coast Guard is adopting new policies that provide victims with more choices. The Coast Guard prefers unrestricted (complete reporting) of sexual assaults to activate both victims’ services and accountability actions but recognizes that unrestricted (complete reporting) represents a barrier for some victims in accessing needed services. Therefore, the Coast Guard now provides an option for restricted (confidential) reporting which does not activate the official investigatory process until/unless the victim chooses to request this option.
b. Commanding Officers have a responsibility to ensure community safety and due process of law, but they must also recognize the importance of protecting the privacy of victims under their command. Subject matter experts agree that a reporting system which promotes privacy and confidentiality for victims can have a positive impact that encourages victims to provide information about the assault.
c. Coast Guard members who are sexually assaulted now have the following reporting options: unrestricted and restricted reporting.
(1) Unrestricted Reporting. A service member who is sexually assaulted and desires medical treatment, counseling, and an official investigation of his or her allegation can report the matter using official reporting channels, e.g., Duty Watchstander, Supervisor, or the Chain of Command. Once a Coast Guard official receives a report that a sexual assault has occurred, the Coast Guard Investigative Service (CGIS) must be notified immediately. Use of the unrestricted reporting option is encouraged as it provides for immediate formal investigation by trained criminal investigators as well as the full range of protections to the victim including Military Protection Orders (MPO) and other police and command protective actions. It is the only option that can lead to offenders being held accountable and stopped from reoffending. Once notified of an allegation, CGIS has sole responsibility for the investigation. Commands are prohibited from taking any formal or informal investigative action, to include preliminary inquiry or interview of alleged victims, suspects or witnesses regarding the assault.
(2) Restricted Reporting. Restricted reporting allows a sexual assault victim to confidentially disclose the details of his or her assault to specific categories of individuals and receive medical treatment and counseling without triggering the official Coast Guard investigative process and notification of the victim’s command. Service members who are sexually assaulted and desire restricted reporting under this policy should report the assault only to an Employee Assistance Program Coordinator (EAPC), a Victim Support Person (VSP), or a DoD or Coast Guard Healthcare Provider (HCP). Cadets or Officer Candidates at the Coast Guard Academy may also report to those individuals listed in the Superintendent’s Instruction including Cadet Counselors, Academy Chaplains, and members of Cadets Against Sexual Assault (CASA). Service members who initially elect the restricted reporting option can, within 12 months of their initial confidential report of the assault, elect to pursue unrestricted reporting, which will result in initiation of a formal investigation by CGIS and afford the victim the full range of protections, including Military Protection Orders (MPO) and other police and command protective actions.
(a) Restricted reporting may not be an option if:
1. The member is assigned to an afloat unit and is underway and/or in a port other than their homeport at the time the assault is reported. However, restricted reporting may be available to victims who initially report to a military treatment facility (MTF) ashore, regardless of where the assault occurred; and restricted reporting may be an option if reported while assigned to a Coast Guard vessel with a Medical Officer aboard.
2. State law mandates that a report be made to the police agency that has jurisdiction where the assault occurred or was reported. In such jurisdictions the victim may be questioned by the police who may pursue the investigation and may notify CGIS regardless of the victim’s wishes. A description of applicable State Laws can be found at www.sapr.mil (click on Resources and go to bottom of page and click Civilian Rape Reporting Laws).
3. It is determined that the victim or other person(s) would otherwise remain in serious and imminent danger if the crime is not reported;
4. The victim is incapacitated or otherwise unable to make a competent decision;
5. The sexual assault was disclosed by a third party (someone other than an EAPC, HCP, VSP, or Chaplain) to another member either in the same command or another command. Third-party disclosures shall not by themselves rule out the possibility of restricted reporting when the incident is disclosed by the victim in the presence of a non-medical support person at a medical procedure.
(b) Normally, an HCP or EAPC, in consultation with the servicing legal office, can determine whether one of the “exceptions” to the third party disclosure rule has been met. Any privilege recognized under the Military Rules of Evidence will constitute an “exception” to the third party disclosure rule.
(c) If a victim reveals offenses in addition to the alleged sexual assault, that information will be subject to the same rules governing disclosure as the reported sexual assault.
(d) Unauthorized disclosures of restricted reporting may result in administrative or disciplinary action.
(e) The restricted reporting option does not create any actionable rights for the alleged offender or victim, nor does it constitute a grant of immunity for any actionable misconduct on the part of the victim.
(3) Report Made to a Chaplain. The policy on restricted reporting is in addition to the current protections afforded privileged communications with a Chaplain, and does not alter or affect those protections.
d. The purpose of the notification requirements described in this Instruction are to:
(1) Initiate the immediate official investigative process when appropriate;
(2) Document the initiation and progress of a victim’s case to ensure system accountability;
(3) Identify treatment options recommended to or preferred by the victim;
(4) Identify the final legal disposition; and
(5) Assist with identifying and managing trends, analyzing risk factors or circumstances, and taking action or making plans to eliminate or mitigate those risks as much as possible.
e. The purpose of the interventions described in this Instruction is to assist victims in tapping into their own natural resilience in recovering from the assault. In other words, to help “victims” become “survivors.”
6. DEFINITIONS. An extensive list of terms and definitions related to this Instruction is provided in enclosure (1).
7. PREVENTION. A command climate of prevention is enhanced by efforts to increase mutual respect and trust, efforts that highlight appreciation for diversity, and efforts to affirm the contributions of all personnel. Additionally, commands shall foster this climate by:
a. Emphasizing that sexual assault is a serious crime punishable under the Uniform Code of Military Justice (UCMJ) as well as under state and local criminal statutes.
b. Emphasizing that sexual assault violates the Coast Guard’s core values and that ultimately it destroys unit cohesion and the trust that is essential for mission success.
c. Reminding all members that appropriate action will be taken with all reported sexual assaults.
d. Emphasizing the potential legal consequences for those who are found guilty of such crimes.
e. Assessing the organization’s climate and responding with appropriate action toward any negative trends that may emerge.
f. Ensuring that all unit personnel receive annual sexual assault prevention training as required by this Instruction.
g. Handling all incidents per guidance in this Instruction.
d. Superintendent of the Coast Guard Academy shall:
(1) Ensure that all sexual assault incidents are reported to Commandant (CG-1112) using the Sexual Assault Incident Report Format in enclosure (3). Ensure that monthly updated reports are provided until services are no longer being provided and the case has been resolved. The case tracking number, as defined in this Instruction, is to be used to identify the case. No names are to be included in these reports. (No reports with names, or cross-reference list containing names, will be kept by Commandant (CG-1112)).
(2) Comply with the Commander’s Checklist for Unrestricted Reports of Sexual Assault, which is enclosure (4).
(3) Establish procedures to ensure the restricted reporting option and support services are available to all victims assigned to the Academy.
(4) Seek agreements with civilian medical facilities and local law enforcement agencies to retain and maximize victims' reporting options described in this Instruction.
PREVENTION. A command climate of prevention is enhanced by efforts to increase mutual respect and trust, efforts that highlight appreciation for diversity, and efforts to affirm the contributions of all personnel. Additionally, commands shall foster this climate by:
a. Emphasizing that sexual assault is a serious crime punishable under the Uniform Code of Military Justice (UCMJ) as well as under state and local criminal statutes.
b. Emphasizing that sexual assault violates the Coast Guard’s core values and that ultimately it destroys unit cohesion and the trust that is essential for mission success.
c. Reminding all members that appropriate action will be taken with all reported sexual assaults.
d. Emphasizing the potential legal consequences for those who are found guilty of such crimes.
e. Assessing the organization’s climate and responding with appropriate action toward any negative trends that may emerge.
f. Ensuring that all unit personnel receive annual sexual assault prevention training as required by this Instruction.
g. Handling all incidents per guidance in this Instruction.
KEY DUTIES AND RESPONSIBILITIES.
a. Commandant (CG-111) shall:
(1) Be responsible for oversight of policy and procedure implementation as described herein.
(2) Collaborate with Commanding Officers, Work-Life staff supervisors, and Coast Guard Medical personnel to ensure compliance with this Instruction.
(3) Monitor restricted reporting incidents, including tracking the locations and providing reports as appropriate. Names or other personal identifying information are not to be included in these reports and names shall not be included in the file names used for this report.
(4) Coordinate with CGIS and the Judge Advocate General’s Office of Military Justice (CG-0946) as needed.
b. Commandant (CG-1112) shall:
(1) Promulgate policy and guidance regarding the Coast Guard’s SAPRP.
(2) Provide periodic training on the requirements of this Instruction to field elements to ensure adequate and appropriate implementation.
(3) Establish a reporting system as required by this Instruction and create and evaluate quarterly statistical updates for training purposes and for monitoring the effectiveness of the SAPRP.
(4) Provide oversight of Quality Assurance review processes to ensure provision of quality services.
(5) Provide direct technical guidance to field staff, e.g., EAPCs, HCPs, etc., on the SAPRP.
c. CGIS Headquarters (CG-2-CGIS) shall:
(1) Ensure CGIS field units initiate and report formal criminal investigation of all alleged, suspected or actual incidents of rape or sexual assault reported to CGIS as an unrestricted report per CGIS policy and procedures.
(2) Ensure all CGIS field elements immediately notify the appropriate EAPC upon receipt of the initial report of an allegation of rape or sexual assault.
(3) Ensure all CGIS investigative personnel are trained on the requirements of this Instruction.
(4) Centrally manage the storage of evidence gathered in restricted reporting cases, to include Victim’s Sexual Assault Evidence Collection Kits, until the victim decides to initiate the official investigative process or until the one-year anniversary date of receipt of the evidence by CGIS Headquarters, whichever comes first. Enclosure (2) provides information on the management of evidence collected in restricted reporting cases.
(5) Liaison with external investigating law enforcement agencies in all cases as appropriate under this Instruction.
(6) Advise all victims that they have the option to have a VSP, or other support person of his/her choosing, present during any interview. If the victim requests a VSP, or other support person, ensure that reasonable efforts are made for that person to be present during any interview or medical procedure if this can be accomplished without unduly delaying the investigation.
(7) Coordinate the transfer of any evidence held in restricted reporting cases for laboratory analysis when the victim chooses the unrestricted reporting option.
(8) Report aggregate data on unrestricted reporting cases to the Director of the Department of Defense Sexual Assault Prevention and Response Office on a quarterly basis.
d. Superintendent of the Coast Guard Academy shall:
(1) Ensure that all sexual assault incidents are reported to Commandant (CG-1112) using the Sexual Assault Incident Report Format in enclosure (3). Ensure that monthly updated reports are provided until services are no longer being provided and the case has been resolved. The case tracking number, as defined in this Instruction, is to be used to identify the case. No names are to be included in these reports. (No reports with names, or cross-reference list containing names, will be kept by Commandant (CG-1112)).
(2) Comply with the Commander’s Checklist for Unrestricted Reports of Sexual Assault, which is enclosure (4).
(3) Establish procedures to ensure the restricted reporting option and support services are available to all victims assigned to the Academy.
(4) Seek agreements with civilian medical facilities and local law enforcement agencies to retain and maximize victims' reporting options described in this Instruction.
e. Commanders of Maintenance and Logistics Commands (MLC) shall:
(1) Conduct regular Quality Assurance reviews of EAPC performance to ensure compliance with this Instruction.
(2) Ensure that a Judge Advocate advises the victim and any witness(es) of their rights under the Victim Witness Assistance Program, per reference (a).
(3) Ensure all Coast Guard HCPs know the requirements of this Instruction. Of particular importance are those responsibilities in response to the victim immediately after a report is made. A collaborative approach with the EAPC, VSP and all HCPs is essential to meet the needs of the victim.
f. Command Chaplains shall:
(1) Provide and/or coordinate appropriate spiritual care and/or referral services, if requested by the victim.
(2) Participate appropriately in command climate stabilization responses.
(3) Ensure all chaplains receive mandatory annual training on implementation of this Instruction, which shall be provided or coordinated by the EAPC.
g. Commanding Officers (COs) and Officers-in-Charge (OINCs) shall:
(1) Comply with the Commander’s Checklist for Unrestricted Reports of Sexual Assault, which is enclosure (4).
(2) Provide information to the cognizant EAPC for the purpose of meeting the initial and monthly update requirements of paragraph 8.i.(2) of this Instruction. Commands must notify the EAPC of all reports of sexual assaults immediately after being informed of an allegation.
(3) Ensure completion of mandatory annual training on sexual assault prevention and the correct use of this Instruction by all unit personnel, both military and civilian, including assigned Coast Guard Chaplains and Public Health Service personnel detailed to the Coast Guard. The training must provide military personnel with an understanding of the reporting options available to them and the procedures used to ensure confidentiality.
(4) Ensure that all persons nominated to become VSPs are screened and recommended by the EAPC.
(5) Ensure that the competency/qualification code “VSP” is appropriately recorded per reference (f) for each Coast Guard member VSP, once certified as qualified by the EAPC.
(6) Provide support for the VSP, including reimbursement for travel expenses. Ensure that each supervisor of a VSP signs enclosure (5) and each VSP signs enclosure (6). VSPs provide emotional support and assistance to the victim per enclosure (7) and as directed by the EAPC.
(7) In cases involving unrestricted reporting consider not taking action on victim collateral misconduct until the final disposition of the sexual assault case.
(8) Recognize the consumption of alcohol by the victim, when discovered as a factor in an incident, as an alcohol-related situation vice an alcohol incident for administrative purposes and refer the victim for screening and treatment as appropriate. If the screening determines alcohol treatment is necessary, and the victim refuses or fails treatment, the use of alcohol may be considered an alcohol incident for administrative purposes.
(9) Consider the use of an MPO. In most cases it will be appropriate to bar the alleged offender from contact with the victim. In cases under investigation by CGIS, the use of an MPO shall
be coordinated with CGIS to ensure that any on-going investigative activity is not compromised or otherwise hampered.
(10) Consider reassignment of the victim. Reassignment of the victim is appropriate based on service need and when doing so is in the victim’s best interest and is consistent with his/her performance. In cases under investigation by CGIS, the use of reassignment for the victim shall be coordinated with CGIS to ensure that any on-going investigative activity is not compromised or otherwise hampered.
(11) Consider reassignment of the alleged offender when it is in the best interest of the victim and there is a service need. Reassignment of the alleged offender should only be used after consultation with the servicing legal office and Coast Guard Personnel Command. In cases under investigation by CGIS, the use of reassignment for the alleged offender shall be coordinated with CGIS to ensure that any on-going investigative activity is not compromised or otherwise hampered.
(12) Where applicable and to the extent possible, consider military, vice civilian, incarceration and prosecution of the alleged offender to protect the member’s family from immediate financial hardship. If the proposed initial law enforcement response is civilian incarceration and prosecution, recognize that this response option statutorily mandates that the member be placed in an absent without leave status, resulting in the immediate loss of all pay and benefits.
h. Work-Life Supervisors shall:
(1) Upon notification by the CO or OINC that an alleged rape or sexual assault has occurred, notify the EAPC as soon as possible, and confirm that CGIS has been notified in cases where the victim has elected unrestricted reporting.
(2) Be prepared to provide advice and guidance per this Instruction in the event the EAPC is not available.
(3) Ensure cross-training is provided to other appropriate Work-Life staff who may, in the absence of the EAPC, perform EAPC duties under this Instruction.
(4) Coordinate directly with the appropriate district Staff Judge Advocate to facilitate creation of agreements with civilian medical facilities to retain and maximize victim’s reporting options described in this Instruction.
i. EAPC Responsibilities:
(1) Victim.
(a) Explain the Victim Reporting Preference Statement Form, enclosure (8), to all active duty victims. The goal of this explanation is for victims to understand all reporting options available, including the limitations of restricted reporting, and to have an opportunity to declare their choice. Of particular concern is for the victim to understand
that the normal protections under unrestricted reporting, such as a military protection order, will not be available to them and that they may have continuing contact with the abuser. This form must be completed for all victims. This responsibility may be delegated to the VSP or Coast Guard HCP in those situations where the VSP or HCP see the victim first.
(b) Offer the services of a VSP, if available, and counseling services to the victim. The assigned VSP must be the same gender as the victim unless the victim agrees to a VSP of the opposite gender.
(c) Ensure that victims are informed of their rights under federal law, 18 USC § 3771(a). These rights are listed on page 2 of enclosure (8), the Victim Reporting Preference Statement Form.
(d) Explain to the victim any applicable State Law and associated investigatory practices in sexual assault cases that may require, despite the victim’s preference, reporting the offense to the local police department where the offense occurred, and that the police department may notify CGIS.
(e) In all cases, inform victim of their right to contact law enforcement authorities, including CGIS.
(f) Provide rape and sexual assault information handouts to victims and families.
(g) Provide case management to ensure the victim continues to receive appropriate services.
(h) Maintain records as necessary to identify victims and track services provided. This includes maintaining a victim-specific file with a contact log that records each contact made with the victim or on behalf of the victim. The signed copy of enclosure (8) will be kept in this file. The EAPC will maintain all records that could serve to identify the victim in a secure container and strictly control access to the information. Per reference (g), the case record shall be destroyed at the end of three years after the last contact with the victim. Consultation with the servicing legal office is required prior to releasing any information related to a case when the restricted reporting option has been selected or when the request comes from a military or civilian court.
(i) Ensure that the victim is aware that, regardless of reporting preference, the information contained in the record can be disclosed to military or civilian courts when so ordered by a judge, or as otherwise required in federal and state law, or by international agreements.
(j) Limit contacts made on behalf of the victim, or related to the victim’s case, to those authorized by the victim, or this Instruction, or listed as exceptions under page 2 of enclosure (8).
(k) Contact CGIS Headquarters immediately if a victim who previously requested restricted reporting now requests unrestricted reporting. If the case involves evidence in storage, this report must include the victim’s identifying information, the EAPC tracking number
specific to the victim, and the Preliminary Inquiry Case Control Number (PI CCN) previously provided by CGIS Headquarters. Upon receipt of this information, CGIS Headquarters will notify the appropriate CGIS field office to initiate a criminal investigation and initiate transfer of any evidence collected under restricted reporting, to include Victim’s Sexual Assault Evidence Collection Kit, to the appropriate laboratory for analysis.
(l) Advise all victims that collection of forensic evidence is preferred in all cases, including those cases in which the victim requests restricted reporting. Advise the victim that it is up to him or her to determine to what degree he or she will participate in the evidence gathering process.
(m) If the victim agrees to the collection of evidence, advise him/her not to hamper potential evidence collection by bathing, douching, changing clothes, eating, drinking, or cleaning in any way prior to the forensic examination.
(n) In restricted reporting cases, attempt to collect all clothing worn during or after the attack, and other materials (such as sheets, blankets, etc.) that may have evidence on them for transfer to CGIS Headquarters for storage. If there is any question about whether an article or item has evidence on it, include it. Consult with CGIS Headquarters regarding the best methods for handling and packaging evidence.
(o) Arrange whenever possible, with the victim’s consent, for a qualified medical person to collect evidence from the victim using a Victim’s Sexual Assault Evidence Collection Kit. In unrestricted reporting cases, CGIS special agents will be responsible for ensuring collection and proper handling of evidence.
(p) Explain to the victim that in restricted reporting cases the evidence collected will be kept in storage for up to 12 months and will be available during that time should the victim choose unrestricted reporting.
(q) Ensure that any evidence collected under restricted reporting, to include the completed Victim’s Sexual Assault Evidence Collection Kit, is forwarded via overnight express delivery directly to CGIS Headquarters per enclosure (2) for storage. Use only the assigned case number to identify the evidence.
(r) Ensure that the CGIS PI CCN, created at the time CGIS Headquarters receives the evidence, is recorded in the victim’s case record in restricted reporting cases involving forensic evidence.
(s) In restricted reporting cases, contact the victim in the sixth and eleventh month after forensic evidence was collected and confirm the victim’s decision regarding whether or not to pursue an unrestricted investigation. If the victim does not elect the unrestricted reporting, notify CGIS Headquarters in writing on the 1-year anniversary of submission of evidence. The written notification must reference the EAPC tracking number and CGIS PI CCN. (CGIS Headquarters will then destroy all evidence associated with the referenced EAPC tracking number and CGIS PI CCN.)
(t) Act as an advocate for victim as appropriate in providing information, as requested by the victim, for personnel-related processes such as Disability Retirement Boards and fitness for duty examinations, or other processes which need a more complete understanding of the victim’s experience. This is particularly applicable in cases involving restricted reporting. Such disclosure, by itself, does not change the victim’s reporting option in restricted cases.
(2) Notifications.
(a) Ensure that the victim’s CO, the servicing legal office of the victim’s command, and CGIS are notified immediately in all cases where the victim elects unrestricted reporting.
(b) Report all alleged sexual assault incidents, using the Sexual Assault Incident Report Format in enclosure (3), in all cases and forward to Commandant (CG-1112) by email message within two business days of notification. Use the case tracking number to identify the case. Names or other personal identifying information is not to be included in these reports and names shall not be included in the file names used for this report. (No reports with personal identifying information, or cross-reference list containing personal identifying information, will be kept by Commandant (CG-1112)).
(c) Arrange for regular meetings with the Integrated Support Command/Headquarters Support Command Commanding Officer (CO) (at least once each quarter in which an alleged assault is reported) to provide information about the alleged assaults within the AOR, particularly any information that may indicate a pattern involving locations, personnel of certain ranks or assigned to one unit which could place them at higher risk. The purpose of these discussions is to enable the CO to provide informational advisories or other warnings to members, and alert appropriate individuals, including sector and district commanders, regarding preventable risks. The cognizant Commander may choose to take actions such as restricting members from certain locations, holding mandatory educational sessions, or any other action intended to ensure a safer environment for members.
(d) Send monthly updated reports to Commandant (CG-1112), using enclosure (3), to provide additional information on assistance to victims and the legal/investigatory disposition of cases. Reports shall be sent as an encrypted, password-protected attachment to an email message. Use the case tracking number to identify the case. These reports shall continue until the case is resolved and the victim no longer is receiving services. No names shall be included in these reports and names shall not be included in the file names used for these reports.
(e) With the victim’s consent, notify the cognizant EAPC when a victim transfers to a new Work-Life office area of responsibility, if the victim is still receiving treatment, counseling or other services related to their assault, to ensure identification of appropriate support options and follow up.
(3) Victim Support Person Standards and Qualifications.
(a) Ensure that the VSP, if requested and assigned, has received VSP training and is thoroughly familiar with requirements contained in this Instruction.
(b) Ensure that the supervisor of each VSP signs enclosure (5), Victim Support Person Supervisor Statement of Understanding, and that each VSP signs enclosure (7), Victim Support Person Statement of Understanding.
(c) Recruit and screen VSPs within the AOR to cover expected needs. Criteria for applicant selection include:
1. Has not suffered a major loss or experienced a significantly traumatizing incident within the preceding twelve months.
2. Be emotionally mature: has good communication and interpersonal skills, including the ability to readily empathize with the pain of others; can easily relate to others in a genuine way regardless of rank, rate, gender, or sexual orientation; and is not easily discouraged by anger misdirected at him/her by people he/she is trying to help.
3. Have at least two years remaining at the unit upon completion of training.
4. Be recommended for VSP duties by his/her command.
5. Applicant meets the needs of the AOR in terms of location, rank, rate, gender, and diversity.
(d) Certify in writing that the VSP has met requirements for a VSP Competency Code. Provide document to the VSP with instructions to take to his/her servicing personnel office so that this code can be properly entered into their training record per reference (h).
(e) Supervise VSPs in the performance of their duties to ensure compliance with the requirements of this Instruction. Provide support, re-training, and guidance as needed.
(f) Establish at least monthly contact with all VSPs in the AOR to ensure their continued availability and to provide additional information or training. Sending email messages, with appropriate reading material included, meets this requirement.
(g) Conduct monthly case updates with VSPs on all assigned open cases. Case updates may be telephonic.
(4) Training and Education.
(a) Provide annual general mandated trainings on Sexual Assault Prevention and the SAPRP as requested by Commands. This training shall minimally provide information necessary for participants to meet the following performance steps:
1. Identify the Coast Guard’s Zero Tolerance of Rape and Sexual Assault.
2. Identify the consequences if convicted to include jail time, dishonorable discharge and felony convictions.
3. Identify what constitutes “consent” and “lack of consent.”
4. Identify the Coast Guard’s policy on sexual assault response including the victim’s reporting options.
5. Recognize sexual assault when presented various scenarios.
6. Identify the required actions of bystanders.
7. Identify specific behaviors of the bystander that may help prevent sexual assault.
8. Identify specific behaviors of bystanders that may help prevent sexist behavior.
9. Identify how bystander behavior directly relates to Coast Guard Core Values of Honor, Respect, and Devotion to Duty.
10. Identify techniques for reducing the risk of sexual assault.
11. Identify protection against “date rape” drugs.
12. Identify the impact of alcohol abuse in Rape and Sexual Assault cases and one’s personal accountability when consuming alcohol.
13. Recognize the profile of a typical date or acquaintance rapist.
14. Recognize the effects of sexual assault on victims.
15. Identify assistance for victims.
16. Identify the role of the Victim Support Person including the methods for volunteering and the training provided.
17. Identify Rape and Trauma Syndrome including how it impacts one’s life far after the event and the importance of seeking both medical and counseling services.
18. Identify sources of help including websites and local non-Coast Guard-resources.
(b) Ensure that all Coast Guard HCPs in the AOR who may have contact with victims understand the requirements in this Instruction.
(c) When possible, provide additional trainings to COs, XOs, OINCs, XPOs, medical staffs, and CGIS offices to address their unique concerns in implementing requirements contained in this instruction.
(d) Give all training participants a customer satisfaction form to complete. Review and share results with the Work-Life staff supervisor.
(e) Provide references for all statistics used in the presentation as well as recommended websites and reading material.
(5) Other:
(a) Provide advice and assistance to commands in the AOR regarding sexual assault.
(b) Identify local community medical treatment facilities equipped to provide forensic medical exams specific to sexual assault victims, preferably per standards provided in reference (i).
(c) If the accused is a Coast Guard member, Cadet, civilian employee, or family member of a Coast Guard member or Civilian employee, ensure that he/she is contacted and offered support as appropriate after CGIS has conducted an interview.
j. Coast Guard HCP shall:
(1) Immediately inform the EAPC when an active duty member reports any actual, alleged or suspected sexual assault covered under this Instruction. If the EAPC is not available for on-site contact with the victim, the HCP will ensure that requirements listed in paragraph 8.i.(1) are met to the extent possible.
(2) Immediately report all allegations of sexual assault to CGIS and the EAPC (or Work-Life supervisor if the EAPC is not available.) If the victim is active duty and chooses the unrestricted reporting option, immediately report the allegation to the victim’s command.
(3) Provide victims who present at Coast Guard clinics any urgent first aid or life-saving care indicated by their presenting symptoms or complaint before they are referred to another source of care. In most cases, Coast Guard HCPs will arrange for the victim to be transported to an appropriate location for examination by a sexual assault forensic examiner (SAFE) or sexual assault nurse examiner (SANE). When transport to a SAFE/SANE is not possible, Coast Guard Medical Officers (Physicians, Nurse Practitioners and Physician Assistants) with appropriate clinical privileges may elect to assist victims by using a Forensic Evidence Kit to gather specimens as indicated by the patient’s history and presenting clinical signs. Note: Health Services Technicians may not collect forensic evidence.
(4) Consult as needed with the cognizant EAPC or the Sexual Assault Program Manager at CGIS Headquarters for guidance on appropriate handling and disposition of any forensic specimens, photographs, or other evidence.
(5) Ensure that when examining a victim a gender appropriate chaperone is provided, keeping in mind that the victim may be in a fragile emotional state. VSPs or another Coast Guard member of the victim’s choice may serve as a chaperone in these cases.
(6) Ensure that any victim who reports a sexual assault receives appropriate testing and counseling about sexually transmitted diseases, pregnancy, and psychiatric care/counseling options.
(7) Obtain training on the requirements of this Instruction as needed from the EAPC.
k. VSP shall:
(1) Attend a minimum of 15 hours of Victim Support Person Training prior to being assigned to a support role.
(2) Provide emotional support and assistance to the victim per enclosure (8) and as directed by the EAPC.
(3) Provide assistance to the victim by offering to and/or helping to secure basic needs (e.g., provide clothing to wear home from the hospital after the forensic exam, arrange transportation, contact a family member/friend, etc., as requested by victim).
(4) Make follow-up telephone contact(s) with the victim to provide emotional support and to determine if additional referral services should be provided. Also assist the victim with scheduling follow-up counseling appointments.
(5) Attend mandatory annual training on use of this Instruction, which shall be provided or coordinated by the EAPC.
9. RESPONSE PROCEDURES.
a. When a Coast Guard member is treated at a non-Coast Guard military treatment facility the initial sexual assault response procedures of that military service will apply. Normally, the service’s Sexual Assault Response Coordinator (SARC) will contact the cognizant Coast Guard EAPC to report the case. The EAPC will work with the SARC to determine an initial follow-up care plan that best meets the needs of the victim. Depending on the location, the SARC may continue to be involved but once referred, the EAPC becomes responsible for ensuring proper management of the case per this Instruction.
b. Responding to the needs of the victim, once identified, will require a coordinated approach to include the victim’s command (in those cases in which the victim has chosen the unrestricted reporting option), the EAPC, HCP, and VSP (if assigned). In order to ensure a reasonable response time, it is critical that whoever is first to meet with the victim be fully knowledgeable regarding the victim’s options and the requirements of this Instruction and capable of explaining enclosure (8). EAPCs, VSPs, and HCPs also need to be thoroughly familiar with all applicable laws and local procedures in order to provide the victim an accurate description of his or her rights and options.
c. Sexual assault reporting procedures require EAPC notification for all incidents of reported sexual assault. The EAPC, in turn, will assign a VSP, if available, to assist the victim. Once any urgent medical injuries have been treated, the HCP, EAPC, or VSP (if assigned) shall advise the victim of the reporting options available to him or her, explaining the benefits and limitations of each, and document the reporting option the victim selects using enclosure (8).
d. At the victim’s discretion or request, the HCP, VSP, or EAPC shall arrange for the victim to have forensic evidence collected. To safeguard the victim’s identity in restricted reporting cases, the case tracking number will be used to label the evidence collected.
e. Evidence in restricted reporting cases will be forwarded to CGIS Headquarters for storage up to 12 months after the assault was reported.
f. When a victim requests restricted reporting and there are concerns regarding imminent threat and safety, the HCP or EAPC will consult with the servicing legal office of the victim’s command and CGIS before deciding to deny the victim's request for restricted reporting. The VSP will not participate in the final decision; their role is limited to providing information about safety issues to the EAPC and/or HCP.
g. If at any time a victim elects to change his or her reporting preference from restricted to the unrestricted reporting option, the EAPC shall immediately notify the victim’s command, the servicing legal office of the victim’s command, and CGIS.
h. Collaboration with DoD Military Treatment Facilities (MTFs) and the military branch sexual assault prevention and response personnel and civilian medical facilities will be essential in many incidents. Coast Guard HCPs, EAPCs and VSPs will need to be familiar with the local civilian facility or MTF’s procedures and prepared to liaison with the treatment facility’s personnel in each case, as applicable, to ensure assistance and advocacy for victims covered under this Instruction.
i. Support services are to be provided as appropriate when the accused is a Coast Guard member. The command should monitor the well-being of the accused, particularly for any indications of suicide ideation, and ensure appropriate intervention occurs. Additionally:
(1) The accused is to be considered innocent until proven guilty in a legal proceeding.
(2) Command representatives shall not interview the accused about the incident. Investigative interviews of alleged perpetrators, victims, and witnesses in suspected incidents of rape or sexual assault shall only be conducted by CGIS special agents.
(3) The accused will be treated respectfully, with appropriate care and concern, at all times.
(4) Information about the accused and the incident is to be closely held. Only those who have an official need to know are to have access to this information.
10. PRIVACY PROVISIONS. The Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA) of 1996 apply to records that contain protected health information. These acts and regulations place procedural requirements on the use and disclosure of such information.
a. The Coast Guard Healthcare Program may disclose protected health information about an individual whom it reasonably believes to be a victim of violence or sexual assault to a government authority, including a social service or protective services agency, authorized by law to receive such reports if:
(1) The victim agrees to the disclosure; or
(2) The disclosure is required by law and the disclosure complies with and is limited to the relevant requirements of such law; or
(3) The disclosure is expressly authorized by statute or regulation; and
(a) The Coast Guard Healthcare Program, in the exercise of professional judgment, believes the disclosure to be necessary to prevent serious harm to the victim or other potential victims; or
(b) The victim is incapacitated and unable to agree to disclose their protected health information. A law enforcement or public official, authorized to receive the report, shall verify the purpose that such disclosure is sought, that it is not intended to be used against the victim, and that immediate enforcement activity is dependent upon the disclosure and would be adversely affected by waiting until the individual is able to agree to the disclosure.
b. When information is disclosed, the Coast Guard Healthcare Program must promptly inform the person who is the subject of the information whenever it discloses reports of abuse, neglect, or domestic violence. There are two exceptions to this requirement:
(1) If the Healthcare representative believes informing the person would place him or her at risk of serious harm, or that
(2) The Coast Guard Healthcare Program would be informing a personal representative who it reasonably believes is responsible for the abuse, neglect, or violence.
11. ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS. Environmental considerations were examined in the development of this directive and have been determined to be not applicable.
12. FORMS/REPORTS AVAILABILITY. The forms called for in this instruction are available in USCG Electronic Forms on the Standard Workstation or on the Internet http://www.uscg.mil/forms/default.asp, Intranet at http://cgweb2.comdt.uscg.mil/CGFORMS/Welcome.htm, and CG Central at http://cgcentral.uscg.mil.
Mark J. Tedesco /s/
Director of Health and Safety
Labels: Cadet Webster Smith.
