§9461 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Air Force must make sure the Academy has a clear policy on sexual harassment and sexual violence for cadets and staff. The policy must cover awareness programs, how to report incidents (including confidential options), who else a victim should contact, how to preserve evidence, how alleged offenders will be disciplined, what punishments can be used, and required training for everyone and extra training for those who handle complaints. Every Academy year the Department of Defense must check how well the policy, training, and procedures are working. For Academy years that start in odd-numbered calendar years, a DoD survey must measure reported and unreported incidents and ask people what they think about the policies, enforcement, and related issues. The Secretary of Defense can delay the check during a war or national emergency but must tell Congress within 30 days and do the check as soon as possible afterward. The Superintendent must send an annual report to the Secretary of the Air Force with the number of reported and substantiated sexual offenses, actions taken that year, and a plan for the next year. Odd-year reports must include the survey results. The Air Force Secretary sends the report and comments to the Secretary of Defense and the Academy Board of Visitors, and the Secretary of Defense sends them to the Senate and House Armed Services Committees. If a cadet is the victim of an alleged sexual assault under article 120, 120c, or 130 of the UCMJ (sections 920, 920c, or 930), the cadet can request a transfer to another service academy or to an ROTC program at another college. The Superintendent must tell victims about this right and process requests quickly. A decision on a transfer request must be made within 72 hours and should be approved except for rare reasons. If denied, the cadet can ask the Secretary of the Air Force to review the denial within 72 hours. Records of any requests, decisions, or transfers must be kept confidential. A transferring cadet may keep their original appointment or be appointed to the new academy without following certain usual limits.

Title 10, §9461

Armed Forces — Source: USLM XML via OLRC

(a)Under guidance prescribed by the Secretary of Defense, the Secretary of the Air Force shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.

(b)The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following:

(1)Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.

(2)Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including—

(A)if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting;

(B)a specification of any other person whom the victim should contact; and

(C)procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.

(3)Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel.

(4)Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.

(5)Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.

(c)(1)The Secretary of Defense, through the Secretary of the Air Force, shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment, to be administered by the Department of Defense, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.

(2)For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Air Force shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—

(A)to measure—

(i)the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and

(ii)the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and

(B)to assess the perceptions of Academy personnel of—

(i)the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;

(ii)the enforcement of such policies;

(iii)the incidence of sexual harassment and sexual violence involving Academy personnel; and

(iv)any other issues relating to sexual harassment and sexual violence involving Academy personnel.

(3)(A)The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.

(B)The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.

(C)The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.

(d)(1)The Secretary of the Air Force shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.

(2)Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:

(A)The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.

(B)The policies, procedures, and processes implemented by the Secretary of the Air Force and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.

(C)A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.

(3)Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).

(4)(A)The Secretary of the Air Force shall transmit to the Secretary of Defense, and to the Board of Visitors of the Academy, each report received by the Secretary under this subsection, together with the Secretary’s comments on the report.

(B)The Secretary of Defense shall transmit each such report, together with the Secretary’s comments on the report, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(e)(1)The Secretary of the Air Force shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Air Force Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.

(2)The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that—

(A)provide that the Superintendent of the United States Air Force Academy shall ensure that any cadet who has been appointed to the United States Air Force Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;

(B)direct the Superintendent of the United States Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—

(i)to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;

(ii)to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and

(iii)upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and

(C)direct the Superintendent of the United States Air Force Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—

(i)to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;

(ii)subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and

(iii)to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible.

(3)If the Superintendent of the United States Air Force Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Air Force, who shall take action on such request not later than 72 hours after receipt of the formal request for review.

(4)The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.

(5)A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Air Force Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in section 7442, 8454, and 9442 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (c)(3). Pub. L. 116–283 added par. (3). 2019—Subsec. (e). Pub. L. 116–92 added subsec. (e). 2018—Pub. L. 115–232 renumbered section 9361 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (d)(4)(B) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual AssaultSecretary of Defense to consult with Secretaries of the military departments and Superintendent of each military service academy and prescribe in

Regulations

a policy that allows a cadet or midshipman of a military service academy who is the alleged victim or alleged perpetrator of a sexual assault to complete their course of study at the academy with minimal disruption and does not preclude the academy from taking other administrative or disciplinary action, see section 539 of Pub. L. 116–283, set out as a note under section 7461 of this title. Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Military Service AcademiesSecretary of the military department concerned to ensure that the provisions of title XVII of Pub. L. 113–66 and subtitle D of title V of div. A of Pub. L. 113–291 apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable, see section 552(a) of Pub. L. 113—291, set out as a note under section 7461 of this title. Prevention of Sexual Assault at Military Service AcademiesSecretary of Defense to ensure that military service academy curricula include honor, respect, and character development pertaining to prevention of sexual assault in the Armed Forces; training provided within 14 days after a new cadet or midshipman arrives at the academy and repeated annually, see section 1746 of Pub. L. 113–66, set out as a note under section 7461 of this title. Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment IssuesSecretary of a military department to provide for focus groups to ascertain information relating to sexual assault and sexual harassment issues in any year in which the Secretary is not required by law to conduct a survey on such matters at the service academy under the Secretary’s jurisdiction and to include such information in the Secretary’s annual report to Congress, see section 532(b) of Pub. L. 109–364, set out as a note under section 7461 of this title.

§9461 Policy on Sexual Harassment and Sexual Violence

Summary

Title 10, §9461

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Regulations

Citations & Metadata