Statutory Notes and Related Subsidiaries
Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual Assault
Pub. L. 116–283, div. A, title V, § 539, Jan. 1, 2021, 134 Stat. 3606, provided that:
“(a) In General.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy under which a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and a cadet or midshipman who is the alleged perpetrator of such assault shall, to the extent practicable, each be given the opportunity to complete their course of study at the academy without—
taking classes together; or
otherwise being in close proximity to each other during mandatory activities.
“(b) Elements.—The Secretary of Defense shall ensure that the policy developed under subsection (a)—
permits an alleged victim to elect not to be covered by the policy with respect to a particular incident of sexual assault;
protects the alleged victim as necessary, including by prohibiting retaliatory harassment;
minimizes the prejudicial impact of the policy, to the extent practicable, on both the alleged victim and the alleged perpetrator, and allows the alleged victim and the alleged perpetrator to complete their course of study at the institution with minimal disruption;
protects the privacy of both the alleged victim and the alleged perpetrator by ensuring that information about the alleged sexual assault and the individuals involved is not revealed to third parties who are not specifically authorized to receive such information in the course of performing their regular duties, except that such policy shall not preclude the alleged victim or the alleged perpetrator from making such disclosures to third parties; and
minimizes the burden on the alleged victim when taking steps to separate the alleged victim and alleged perpetrator.
“(c) Special Rule.—
The policy developed under subsection (a) shall not preclude a military service academy from taking other administrative or disciplinary action when appropriate.
“(d) Military Service Academy Defined.—In this section, the term ‘military service academy’ means the following:
The United States Military Academy.
The United States Naval Academy.
The United States Air Force Academy.
The United States Coast Guard Academy.”
Development of Resource Guides Regarding Sexual Assault for the Military Service Academies
Pub. L. 115–232, div. A, title V, § 545, Aug. 13, 2018, 132 Stat. 1764, provided that:
Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault.
“(b) Elements.—Each guide developed under this section shall include the following information with regards to the relevant military service academy:
“(1) Process overview and definitions.—
An explanation of prohibited conduct, including examples.
An explanation of consent.
Clearly described complaint process, including to whom a complaint may be filed.
Explanations of restricted and unrestricted reporting.
List of mandatory reporters.
Protections from retaliation.
Assurance that leadership will take appropriate corrective action.
References to specific policies.
Resources for survivors.
“(2) Emergency services.—
“(3) Support and counseling.—Contact information for the following support and counseling resources:
The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault.
The Sexual Harassment/Assault Response and Prevention Resource Program Center.
Chaplain or other spiritual representatives.
“(c) Distribution.—Each Superintendent shall provide the current guide developed by that Superintendent under this section—
not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act;
at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and
as soon as practicable to a student at the military service academy of that Superintendent who reports that such student is a victim of sexual assault.”
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Military Service Academies
Pub. L. 113–291, div. A, title V, § 552(a), Dec. 19, 2014, 128 Stat. 3377, provided that:
“The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66
; 127 Stat. 950
) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [subtitle D (§§ 531–547) of title V of div. A of Pub. L. 113–291
, see Tables for classification], including amendments made by such subtitle, apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable.”
Prevention of Sexual Assault at Military Service Academies
Pub. L. 113–66, div. A, title XVII, § 1746, Dec. 26, 2013, 127 Stat. 983, provided that:
“The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy include a section in the curricula of that military service academy that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula section shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders. Training in such section in the curricula shall be provided within 14 days after the initial arrival of a new cadet or midshipman at that military service academy and repeated annually thereafter.”
Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment Issues
Pub. L. 109–364, div. A, title V, § 532(b), Oct. 17, 2006, 120 Stat. 2205, provided that:
“(1) Use of focus groups for years when survey not required.—
In any year in which the Secretary of a military department is not required by law to conduct a survey at the service academy under the Secretary’s jurisdiction on matters relating to sexual assault and sexual harassment issues at that Academy, the Secretary shall provide for focus groups to be conducted at that Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at that Academy.
“(2) Inclusion in report.—
Information ascertained from a focus group conducted pursuant to paragraph (1) shall be included in the Secretary’s annual report to Congress on sexual harassment and sexual violence at the service academies.
“(3) Service academies.—For purposes of this subsection, the term ‘service academy’ means the following:
The United States Military Academy.
The United States Naval Academy.
The United States Air Force Academy.”