46 USC 51319 – Sexual assault response coordinators and sexual assault victim advocates
(a)
(1)
(2)
(A) experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and
(B) protection of the individual under applicable law to provide privileged communication.
(3)
(4)
(A)
(B)
(i) working with victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;
(ii) the policies, procedures, and resources of the Academy related to responding to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and
(iii) national, State, and local victim services and resources available to victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.
(C)
(i) 270 days after enactment of the National Defense Authorization Act for Fiscal Year 2018; or
(ii) 180 days after starting in the role of sexual assault response coordinator.
(5)
(A) confidentially receive a report from a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking;
(B) inform the victim of—
(i) the victim’s rights under applicable law;
(ii) options for reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy and law enforcement;
(iii) how to access available services, including emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and ongoing counseling;
(iv) such coordinator’s ability to assist in arranging access to such services, with the consent of the victim;
(v) available accommodations, such as allowing the victim to change living arrangements and obtain accessibility services;
(vi) such coordinator’s ability to assist in arranging such accommodations, with the consent of the victim;
(vii) the victim’s rights and the Academy’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and
(viii) privacy limitations under applicable law;
(C) represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy;
(D) advise the victim of, and provide written materials regarding, the information described in subparagraph (B);
(E) liaise with appropriate staff at the Academy, with the victim’s consent, to arrange reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations;
(F) maintain the privacy and confidentiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless—
(i) otherwise required by applicable law;
(ii) requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or
(iii) notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals;
(G) assist the victim in contacting and reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared; and
(H) submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of victims assisted by the coordinator.
Terms Used In 46 USC 51319
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- Victim advocate: work with prosecutors and assist the victims of a crime.
(b)
(1)
(A)
(i) report directly to the Superintendent; and
(ii) have concurrent reporting responsibility to the Executive Director of the Maritime Administration on matters related to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters.
(B)
(2)
(3)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and
(B) serve as a victim advocate voluntarily, in addition to the individual’s other duties as an employee of the Academy.
(3)
(A) support victims of sexual assault by informing them of the rights and resources available to them as victims;
(B) identify additional resources to ensure the safety of victims of sexual assault; and
(C) connect victims of sexual assault to companions, as described in paragraph (4).
(4)
(A)
(B)
(5)
(e)