Navy Sexual Assault Victim Intervention (SAVI) Presentation to Defense Task Force on Sexual Assault in the Military Se

1. DEPARTMENT OF THE NAVY Navy Sexual Assault Victim Intervention (SAVI) Presentation to Defense Task Force on Sexual Assault in the Military Services11 August 2008

2. DEPARTMENT OF THE NAVY Commander, Navy Installations CommandKathy Robertson, LCSWDeputy, Counseling Advocacy & Prevention Fleet and Family Support Program

3. OVERVIEW Commander Navy Installations Command (CNIC): • Responsible for overall management, oversight and implementation of the Sexual Assault Victim Intervention (SAVI) Program • Promulgates implementation guidance to regional and installation commands • Distributes fiscal, personnel, marketing, training and program resources to Navy Regions • Ensures coordinated approach with military & civilian resources Commander, Navy Installations Command… Supporting Command to the Warfighter

4. OVERVIEW Chief of Naval Personnel (N135) • Promulgates Navy policy for SAVI program • Actively participates in all SAVI Working Groups, Sexual Assault Advisory Council Policy and Accountability Subcommittee • Maintains close coordination with CNIC HQ, SAVI Program staff Commander, Navy Installations Command… Supporting Command to the Warfighter

5. PROGRAM SCOPE History • In 1990, the Navy Women’s Study Group (NWSG) made a number of recommendations regarding the assimilation of women into the Navy. • Resulting from those recommendations, the Navy was the first service to have a dedicated, funded program for sexual assault • Established in 1994, the Sexual Assault Victim Intervention (SAVI) Program offers a standardized, consistent, victim-sensitive system to prevent and respond to sexual assault Navy-wide Commander, Navy Installations Command… Supporting Command to the Warfighter

6. PROGRAM SCOPE In 1996, the Department of the Navy provided sexual assault policy and guidance for the SAVI Program in SECNAVINST 1752.4 stating: Sexual assault is a criminal act It is incompatible with DoN’s core values Commanders shall take appropriate action under U.S. laws Commander, Navy Installations Command… Supporting Command to the Warfighter

7. PROGRAM SCOPE High visibility of sexual assault 2003 US Air Force Academy – Fowler Panel 2003 Denver Post Series – “Betrayal in the Ranks” 2004 NDAA – Service Academy Task Force The DoD Task Force on Care for Victims, and DoD Task Force on Sexual Assault Prevention and Response (SAPR) in 2004 and 2005 resulted in: Establishment of DoD Sexual Assault Prevention & Response Office (SAPRO) Commander, Navy Installations Command… Supporting Command to the Warfighter

8. All Services required to have SAPR Programs Navy asked to keep SAVI name – recognition throughout the Fleet since 1996 Directive Type Memorandums (DTMs) resulted in a Department of Defense Directive (DoDD)and Department of Defense Instruction (DoDI) requiring restricted and unrestricted reporting options for active duty victims All Services have Sexual Assault Response Coordinator (SARC) positions Navy SAVI Program Coordinators were renamed SARCs PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

9. Each Service is required to meet new DoD requirements Unfunded congressional mandate DoD funding is not provided Navy SAVI program served as role model for DoD and other Services Key components of SAVI Program: Awareness and prevention Victim advocacy and intervention, case management of all restricted and unrestricted cases of sexual assault Collection of reliable data PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

10. PROGRAM SCOPE 2005 • SAVI Quick Poll Results • Increased awareness of SAVI Program & services • SAVI training increased sexual assault awareness for all groups • 80% indicate that they would report sexual assault • Larger percentage report sexual assault is occurring at command • Navy IG Study – multiple recommendations to improve SAVI Program • New DoD and Navy requirements met all Navy IG recommendations Commander, Navy Installations Command… Supporting Command to the Warfighter

11. Implementing new DoD requirements: NAVADMIN 5-11-05: Implementation of DoD Policy & Program Direction for Prevention of and Response to Sexual Assault NAVADMIN 6-16-05: Confidentiality for Victims of Sexual Assault Navy Policy Implementation Directives SAVI-001, 002, and 003 SAVI Action Committee held in 2005 with all key stakeholders: Chief of Naval Personnel (CNP), Command, Naval Criminal Investigative Services (NCIS), Legal, Bureau of Medicine (BUMED), Security, SARC, Naval Education Training Command (NETC), CNIC HQ PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

12. OPNAVINST1752.1B, (29 Dec 06) Manage sexual assault cases sensitively Reduce incidence of sexual assault in the Navy Standardize reporting of sexual assault Commanders Checklist Designates key SAVI positions: SARC, Victim Advocates, SAVI Points of Contacts (POC), Command Liaison’s, Data Collection Coordinators (DCC) PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

13. Integrating DoD Requirements: Collateral Misconduct – DoD adapted OPNAV language Ensure monthly update to victims Ensure investigation by NCIS Minimum level of command to dispose of cases Navy: Special Courts Martial Convening Authority level of command Review of victim administrative separations Deputy Chief of Naval Personnel to review Commander’s Checklist PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

14. Prevention and Awareness: Required annual training General Military Training (GMT) Commands encouraged to have SARCS present – case scenarios, interactive, role plays – DoD requirements NETC – various modes of training Command Leadership – Senior Enlisted Academy Senior Shore Station Leader Prospective Commanding Officer (PCO) and Prospective Executive Officer (PXO) PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

15. Prevention and Awareness: Joint training with Drug and Alcohol Program Advisor (DAPA) SARCs incorporating Bystander Intervention training in GMTs and SAVI personnel refresher training SARCs are provided professional curriculum, video’s, resources for training Communication about SAVI: Public Service Announcements, Indoctrination, newspaper articles, media, SAVI Updates, FFSC newsletter, Rhumb Lines, DoD SAPRO initiatives PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

16. PROGRAM SCOPE - COMMUNICATION Commander, Navy Installations Command… Supporting Command to the Warfighter

17. Prevention and Awareness: DoD SAPRO Prevention Summit – experts hired to support Service Prevention & Awareness programs Ombudsman – recent Advanced Ombudsman training June 08- scenario based Examples of Regional/installation training: Women’s Self Defense & Sexual Assault seminars (New London) Mentoring, Making the Right Choice (Guantanamo Bay, Cuba) PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

18. Examples of Regional/Installation training: Single Sailor brief (Atsugi, Japan) Internet Safety (Earle, NJ) Let’s Talk about Consent (Kitsap, WA) SARCs train all key Command SAVI personnel: Victim Advocates (30 hours, 10 hr refresher) SAVI POC (4 hours) Command Liaison (8 hours) Data Collection Coordinator (2 hours) PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

19. VICTIM CARE AND ADVOCACY 24/7 Response Capability by a trained SAVI Victim Advocate (VA) Navy SARCs trained over 2500 SAVI VAs in FY07 Sexual Assault Case Management Group (SACMG) is held monthly to review all open unrestricted cases of sexual assault All key responders required to attend (Command, VA, Staff Judge Advocate (SJA), NCIS, Chaplain, Counselor/Mental Health, Medical) Purpose is to review status of case, ensure support for victim, address barriers to care, address any systemic issues Commander, Navy Installations Command… Supporting Command to the Warfighter

20. Navy victims can receive counseling through: FFSC Clinical Counselors are Psychologists, Social Workers, Licensed Professional Counselors, Licensed Marriage and Family Therapists (LMFT) Mental Health care is provided by Medical Treatment Facilities (MTF’s) by licensed clinical providers as above to include Psychiatrists Military OneSource – 24/7 365 days a year Telephonic counseling or referral to local civilian provider Chaplains Local Rape Crisis Centers PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

21. Collaborations with Civilian Resources: Close coordination with community-based agencies to create military/civilian Sexual Assault Response Teams (SARTs) SARCs are board members in local community – increasing understanding & awareness of SAVI Collaboration between SAVI/MTF’s and civilian medical centers to offer Sexual Assault Nurse Examiner (SANE) training SARCs participate in joint effort with Pennsylvania Coalition Against Rape (PCAR) initiative PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

22. Evaluation Process SAVI Standards evaluated through FFSC Accreditation process Navy IG visits – SECNAVINST 5040.30 Recent Task Force in Japan & Okinawa GAO Review Visited Bahrain (covers Djibouti) – CENTCOM Norfolk SAVI Quick Polls PROGRAM SCOPE Commander, Navy Installations Command… Supporting Command to the Warfighter

23. STAKEHOLDERS Chief of Naval Personnel Commands Naval Criminal Investigative Services Staff Judge Advocate Bureau of Medicine Chaplains United States Naval Academy Falls under OPNAVINST and Navy Policy Naval Education and Training Command Commander, Navy Installations Command… Supporting Command to the Warfighter

24. DEPARTMENT OF THE NAVY NAVAL CRIMINAL INVESTIGATIVE SERVICE

25. NAVAL CRIMINAL INVESTIGATIVE SERVICE • Family and Sexual Violence Program • Originated in 1996 • 56 dedicated agents • Prevention Initiatives • Training for Agents • Basic course for all new agents • Specialized training • Liaison • Departments of the Navy and Defense • Other law enforcement entities • Briefs and Presentations • Awareness and prevention briefs • Proactive Operations • Reporting Procedures

26. NAVAL CRIMINAL INVESTIGATIVE SERVICE • NCIS Special Agents investigate all unrestricted reports of sexual assault • Reports unrestricted cases of sexual assault to OSD SAPRO quarterly • DoDI 5525.07 implements MOU between DoJ and DoD Criminal Investigation Organizations (policy & procedures) • NCIS has no involvement in restricted cases of sexual assault. Storage facility provided in Norfolk, anonymous SAFE held up to one year

27. NAVAL CRIMINAL INVESTIGATIVE SERVICE • NCIS tracks status of civilian suspects, whether US citizen or foreign nationals • To date, NCIS has closed 90 investigations (from 1515 between 1 Jan 06 – 31 Jan 07) in which civilian suspects were identified as US civilian or foreign national • NCIS informed 842 crime victims and 205 witnesses of their VWAP rights (DD Form 2701)

28. NAVAL CRIMINAL INVESTIGATIVE SERVICE • NCIS maintains a liaison for VWAP • NCIS offices worldwide have agents on call 24/7 – of the 1200 agents, 56 are dedicated to investigating crimes involving family and sexual violence

29. LEGAL Staff Judge Advocates (SJA) provide Ongoing consultation on cases and policy issues Consultation on exceptions to restricted reporting Implementation questions at local, regional, and HQ level Representative on Sexual Assault Case Management Group (SACMG) Commander, Navy Installations Command… Supporting Command to the Warfighter

30. Military Justice System PURPOSE: Criminal Justice & Unit Discipline POWER: Consolidated CO/Convening Authority PHILOSOPHY: Power given to CO to maintain good order and discipline and ensure an effective fighting force LEGAL Commander, Navy Installations Command… Supporting Command to the Warfighter

31. Military Justice System Report of Offenses Investigation- In-house or NCIS Disposition Alternatives LEGAL Commander, Navy Installations Command… Supporting Command to the Warfighter

32. MILITARY JUSTICE SYSTEM Disposition Alternatives General Court-martial Article 32 Investigation Special Court-martial Summary Court-martial Non-judicial punishment Non-punitive measures Dismiss Commander, Navy Installations Command… Supporting Command to the Warfighter

33. VICTIM WITNESS ASSISTANCE PROGRAM (VWAP) Defendant had right to counsel to explain process and protect his/her rights Victim receives no assistance and few rights Commander, Navy Installations Command… Supporting Command to the Warfighter

34. VWAP Congressional Response Victim Witness Protection Act (1982) Victims of Crime Act (1984) Crime Control Act (1990) Victims’ Rights and Restitution Act (1990) Victims of Child Abuse Act (1990) Violent Crime Control and Law Enforcement Act (1994) Anti-Terrorism and Effective Death Penalty Act (1996) Commander, Navy Installations Command… Supporting Command to the Warfighter

35. Military Response: DoD Directive 1030.1 (Apr 2004) SECNAVINST 5800.11B (Jan 2006) OPNAVINST 5800.7 (Apr 1996) MCO 5800.8 (LEGADMINMAN) See also www.defenselink.mil/vwac/vwres.html VWAP Commander, Navy Installations Command… Supporting Command to the Warfighter

36. PERS-00J is liaison for the Victim Witness Assistance Program Policies : SECNAVINST 5800.11B (Victim and Witness Assistance Program) OPNAVINST 5800.7 (Victim and Witness Assistance Program) and BUPERSINST 5800.3A (Victim and Witness Assistance Program (VWAP)) An annual VWAP report is sent to OSD VWAP Commander, Navy Installations Command… Supporting Command to the Warfighter

37. When does VWAP apply? All cases in which there are victims or witnesses: NJP Administrative Separation Boards Courts-Martial VWAP Commander, Navy Installations Command… Supporting Command to the Warfighter

38. Responsibilities Service level Central Repository for Confinee Information Annual Reports to DoD Installation level Multidisciplinary VWAP Council Designation of local “Responsible Officials” to provide information and assistance Command level Designation of VWAP Coordinator VWAP Commander, Navy Installations Command… Supporting Command to the Warfighter

39. Who provides information via forms? Investigator Command (legal office) Prosecutor Forms DD Forms 2701 to 2706 VWAP Commander, Navy Installations Command… Supporting Command to the Warfighter

40. Information Provided During Investigation (Per DD Form 2701) • Status of Investigation • Apprehension/status of suspect • Decision not to pursue prosecution • Preferral/Referral of charges Commander, Navy Installations Command… Supporting Command to the Warfighter

41. Information Providing During Prosecution of Case • TC/SCMO issues DD 2702 to victim/witness • Notifies victim or witness of: • Arraignment • Release of accused from pre-trial restraint • Consult on decision not to prefer • Explain Court-Martial process • Court schedule • Consult on decision to dismiss or enter PTA • Assist in allowing victim/witness to participate • Arrange private waiting area • Right to make victim impact statement Commander, Navy Installations Command… Supporting Command to the Warfighter

42. Information and Services Provided Upon Confinement of Accused • TC/SCMO issues DD Forms 2703 & 2704 • Form 2703 - General information on post-trial process • Form 2704 • Election to be notified of clemency/parole hearings • Election to be notified of changes in confinee status • TC’s/SCMO’s responsibility to bring 2704 to brig Commander, Navy Installations Command… Supporting Command to the Warfighter

43. Naval Justice SchoolFY07 Sexual Assault Training Commander, Navy Installations Command… Supporting Command to the Warfighter

44. Sex Offenders Rehabilitation & Treatment for Incarcerated Sex Offenders: • Navy Brigs provide treatment for incarcerated rapists if they have sufficient time to complete the prescribed treatment Systems for reporting and tracking sex offenders after release from confinement: • NCIS reports sex offenders to local jurisdiction law enforcement when released in both CONUS and OCONUS Commander, Navy Installations Command… Supporting Command to the Warfighter

45. Sex Offenders • Policy: SECNAVINST 5800.14A, Notice of Release of Military Offenders Convicted of Sex Offenses or Crimes Against Minors • Notification program uses a multidisciplinary approach by Judge Advocates, Corrections Personnel, NCIS, and Unit Commanding Officers Commander, Navy Installations Command… Supporting Command to the Warfighter

46. DEPARTMENT OF THE NAVY BUREAU OF MEDICINE AND SURGERY

47. NAVY MEDICINE ORGANIZATION OVERVIEW • Bureau of Medicine and Surgery (Echelon II Command & Control of Regional Commands) • Chief (Surgeon General) • Vice Chief (Deputy Surgeon General) • Commander, Navy Medicine Support Command (Echelon III) • Commander, Navy Medicine East (Echelon III) • Commander, Navy Medicine West (Echelon III) • Commander, Navy Medicine National Capital Area (Echelon III) • BUMED provides policy oversight and command and control over all Navy Medicine • Regional Commands • Navy Medicine East, Navy Medicine West, Navy Medicine National Capital Area provide execution of medical, dental, and other health care services to their regional area of responsibility • Navy Medicine Support Command ensures effective execution of support services and exercises command and fiscal oversight of subordinate commands • Regional commanders report directly to the Chief, BUMED

48. NAVY MEDICINE SAPR • Chief, Bureau of Medicine and Surgery • Office of Women’s Health • BUMEDINST 6310.11 (pending signature) • Navy Medicine Regional Office • Medical Treatment Facilities (19) • Naval Health Clinics (9) • Medical Treatment Facilities Healthcare Personnel • Navy Active duty healthcare personnel • Navy Active duty healthcare provider • Civilian employees • Contract employees • Sister services active duty personnel • Medical Treatment Facilities and Naval Health Clinics • 11 medical treatment facilities/naval health clinics provide in-house sexual assault forensic examination • 14 medical treatment facilities/naval health clinics has MOU with local civilian facility to provide sexual assault forensic examination

49. NAVY MEDICINE CURRENT STATUS Bravo Zulu: • National Naval Medical Center Sexual Assault Prevention and Response Program • U.S. Naval Hospital, Yokosuka Japan Challenges: • Navy and Marine Corps Personnel do not have Restricted Reporting Option in state of California • Tri-service active duty personnel assigned at various CONUS and OCONUS locations – variation in services policies • Operational Environment • Authorized Medical Allowance List – to include DOD Sexual Assault Forensic Kit Constraints: • Afloat commands - low volume and high visibility Way Ahead: • Navy Medicine continues to provide comprehensive victim sensitive sexual assault care throughout Navy Enterprise • Sexual Assault Prevention lies with all Department of Defense personnel • Decreasing the number of sexual assaults occurrence in the Navy is a Line Leadership issue where Navy Medicine is in a supporting role

50. ISSUES FOR THE TASK FORCE How DTFSAMS can help the Navy • Regional and/or local Sexual Assault Response Coordinator to closely liaison and collaborate with local Medical Treatment Facilities and Branch Health Clinics point of contact • CNIC to liaison and collaborate with Navy Medicine Inspector General Office when CNIC does site visits to Navy MTFs/BHCs • Request DOD to consider tri-service data collecting system and process to track how many first responders receive SAPR training and SAFE trained