who can accept a restricted report quizlet

(A) The DoD law enforcement agency, which will receive forensic evidence from the healthcare provider if not already in custody, and label and store such evidence shall be designated. For further information see paragraph (g) of Appendix A to this part. Also, any healthcare personnel you received services from (e.g., mental health provider, nurse) will know. Your SARC or SAPR VA can assist with accessing medical care and mental health care on or off base. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear does not constitute consent. Civilians have only the unrestricted option. However, all communications between the victim and the victim advocate will remain privileged, subject to regulatory exceptions, except for the minimum necessary to make the Unrestricted Report. For further information see paragraphs (h) and (ff) of Appendix A to this part. (xi) Maintain in DSAID an account of the services referred to and requested by the victim for all reported sexual assault incidents, from medical treatment through counseling, and from the time of the initial report of a sexual assault through the final case disposition or until the victim no longer desires services. U.S. Coast Guard - Learning Management System - Home 1 CFR 1.1 (i) If the victim does not change to Unrestricted Reporting, the SARC will explain to the victim that the SAFE Kit will be retained for a total of 5 years from the time the victim signed the DD Form 2910 (electing the Restricted Report) and will then be destroyed. Training must include exceptions to Restricted Reporting and MRE 514. To learn more about Veterans Health Administration services visit this. Filing an Unrestricted Report will result in an investigation into the sexual assault and the chain of command will be notified. (7) Require that care provided to sexual assault victims shall be gender-responsive, culturally competent, and recovery-oriented. Health care may be provided, and SAFE Kits may be performed in a civilian healthcare facility in civilian jurisdictions which may require certain personnel (usually health care personnel) to report the sexual assault to civilian agencies or law enforcement. If I go to a medical treatment facility, will I be required to have a forensic examination conducted? Job termination usually stops vesting. can accept restricted reports-SARC-deployed resiliency counselor-SAPR VA-unit SAPR VA . In these cases, pursuant to the MOU or MOA the SARC or SAPR VA shall be notified, and a SARC or SAPR VA shall respond. These steps can help you feel safer and help you connect with people who care about your well-being: Communication between you and a Sexual Assault Response Coordinator (SARC) or Victim Advocate (VA) is privileged and will not be released to others (MRE 514). SAPR Flashcards | Quizlet (iv) SARCs shall provide a response that is gender-responsive, culturally competent, and recovery-oriented. The said commander will consider the outcome of the investigation; seek advice from his/her lawyer, and make a determination on how to move forward. There are currently 367 FAQs in the 2020-2021 version of USPAP which has been extended through December 31, 2023. Employees who received this. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Male rape occurs in the public sector,and in the Army, not just in jail. You can also request additional protective and support measures like Expedited Transfers or Military Protective Orders. For further information see paragraph (c) of Appendix A to this part. Study with Quizlet and memorize flashcards containing terms like SAPR officer, SARC, commanders consult who before a case's disposition and more. (7) Upon completion of the SAFE in a Restricted Reporting case, the healthcare provider shall package, seal, and label the evidence container(s) with the RRCN and store it in accordance with Service regulations. (6) In accordance with policy, ensure a safety assessment is performed in every sexual assault case. Restricted Reporting; Unrestricted Reporting Below you will find additional information about both options including, eligibility, who you can disclose to for each type of report, and what the process will look like. (2) The forensic component includes gathering information in DD Form 2911 from the victim for the medical forensic history, an examination, documentation of biological and physical findings, collection of evidence from the victim, and follow-up as needed to document additional evidence. Reporting Options | SAPR View the most recent official publication: These links go to the official, published CFR, which is updated annually. (b) Disclosure of confidential communications. The following classifications of National Guard and Reservists can make a Restricted Report: Was the information on this page helpful? There will be NO report to DoD law enforcement, a supervisory official, or the victim's chain of command by the healthcare personnel, unless an exception to Restricted Reporting applies or applicable law requires other officials to be notified. The matter has been reported to law enforcement, to include the U.S. Army Criminal Investigation Division, by anyone other than the victim; or Response services are always confidential. user convenience only and is not intended to alter agency intent They can provide information and legal advice, as well as represent the victim throughout the military justice process. Comments or questions about document content can not be answered by OFR staff. The DoD seeks increased reporting by victims of sexual assault. (e) Initiating medical care and treatment upon receipt of report. Background and more details are available in the Advise the victim to keep the copy of the DD Form 2911 in his or her personal permanent records as this form may be used by the victim in other matters before other agencies (e.g., Department of Veterans Affairs) or for any other lawful purpose. Under DoD's Sexual Assault Prevention and Response (SAPR) Policy, Service members and their adult military dependents have two reporting options - Restricted Reporting and Unrestricted Reporting. The SARC will be notified and will immediately assign a SAPR VA. For further information see paragraphs (h) and (ff) of Appendix A to this part. (A) Encourage sexual assault victims to follow-up with the referrals and facilitate these referrals, as appropriate. This option does not trigger an investigation and leadership does not find out. Restricted Reporting allows you to confidentially disclose the assault to a Sexual Assault Response Coordinator (SARC), SAPR Victim Advocate (VA), or health care personnel so that you can receive medical treatment, mental health support, and SAPR services. PDF RCW 7.70.065 - Washington When it comes to a restricted report who can accept a restricted report The conversion to an Unrestricted Report will be documented with a signature by the victim and the signature of the SARC or SAPR VA in the appropriate block on the DD Form 2910. The SARC will immediately assign a SAPR VA, who will fully explain the available support and services, to include your own attorney. Healthcare personnel, to include psychotherapists and other personnel listed in Military Rule of Evidence (MRE) 513 of Office of the Chairman of the Joint Chiefs of Staff, DoD Dictionary of Military and Associated Terms, who received a Restricted Report (meaning that a victim wishes to file a DD Form 2910 or have a SAFE) shall contact a SARC or SAPR VA. For further information see paragraph (c) of Appendix A to this part. For further information see paragraph (c) of Appendix A to this part. Pressing enter in the search box An offender can be a current or past romantic partner and unwanted sexual contact is considered intimate partner violence. However, section 536 of the NDAA for FY 2016 preempts mandatory reporting laws, provided the victim first reports to an MTF, except when reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual, thereby preserving the Restricted Reporting option. See paragraph (c) of Appendix A to this part for additional information. Always have a trusted friend who is not drinking with you. This document is available in the following developer friendly formats: Information and documentation can be found in our You can make an Unrestricted Report to a SARC, VA, law enforcement official, a commander, or health care personnel. For the purposes of the SAPR Program, forensic evidence collection and document and evidence retention shall be completed in accordance with established policy, taking into account the medical condition, needs, requests, and desires of each sexual assault victim covered by this part. (4) Require that MTFs that provide SAFEs for Service members or TRICARE eligible beneficiaries through an MOU or MOA with private or public sector entities verify initially and periodically that those entities meet or exceed standards of the recommendations for conducting forensic exams of adult sexual victims. The MOU or MOA with the civilian facility will address the processes for contacting the SARC and for contacting the appropriate DoD agency responsible for accepting custody of the forensic kit. Choosing an item from Minors. SARC notifies victim that restricted report is not available. The intent of the restricted report is to enable the victim to make a confidential report of their sexual assault and receive help. When a sexual assault is reported through Unrestricted Reporting, a SARC shall be notified, respond or direct a SAPR VA to respond, offer the victim healthcare treatment and a SAFE, and inform the victim of available resources. (1) Require that a SARC be immediately notified when a victim discloses a sexual assault so that the SARC can inform the victim of both reporting options (Restricted and Unrestricted) and all available services (e.g., SVC/VLC, Expedited Transfers, Military Protective Orders, document retention mandates). Filing a Restricted Report allows you to confidentially disclose a sexual assault to a SARC or VA without notifying your command or law enforcement. When it comes to a restricted report who can accept a restricted report? Analytical cookies are used to understand how visitors interact with the website. The military justice process is the legal process within a military jurisdiction. Restricted Reporting may not be available in a jurisdiction that requires mandatory reporting if a victim first reports to a civilian facility or civilian authority, which will vary by state, territory, and overseas agreements. However, the grant rate in 2015 or the percentage of individuals given a hearing who were actually released was a very respectable 65%. The cookie is used to store the user consent for the cookies in the category "Other. (6) Implement procedures to provide the victim information regarding the availability of a SAFE Kit, which the victim has the option of refusing. (i) SARCs shall respond to every Restricted and Unrestricted Report of sexual assault on a military installation, and the response shall be in person, unless otherwise requested by the victim. RestrictedReport allows you to receive SVC/VLC legal advice and medical and advocacy services, but does not trigger an investigation. Victims retain eligibility for a Restricted Report after an investigation has closed in order to access SHARP advocacy and support services, including legal, medical, and mental health care; and to retain a record of their report which can be used as supporting documentation of the sexual assault When you file a Restricted Report, you are eligible for: You may change a Restricted Report to an Unrestricted Report at any time. For an Unrestricted Report - A sexual assault can be disclosed to: The following people will provide you with assistance and they will then contact the SARC and/or SAPR VA to assist you with filing the report. This content is from the eCFR and is authoritative but unofficial. To comply with the requirement to provide timely medical care, the Surgeons General of the Military Departments shall provide sexual assault victims with priority treatment as emergency cases, regardless of evidence of physical injury, recognizing that every minute a patient spends waiting to be examined may cause loss of evidence and undue trauma. When the forensic examination is conducted at a civilian facility through an MOU or an MOA with the DoD, the requirement for the handling of the forensic kit will be explicitly addressed in the MOU or MOA. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. Also, looking at typical victims showsclearly that this crime is not about sex: Children and the elderly are at highrisk of being raped because of their vulnerability. (ii) If an independent investigation begins after the victim has formally elected Restricted Reporting (by signing the DD Form 2910), the independent investigation has no impact on the victim's Restricted Report, and the victim's communications and SAFE Kit remain confidential, to the extent authorized by law and DoD regulations.

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