§1709 Comprehensive Policy on Reporting and Tracking Sexual Assault Incidents and Other Safety Incidents

Summary

The Secretary must create and use one central policy by September 30, 2012 to report and track sexual assaults and other safety problems at every VA medical facility. The policy covers suspected, alleged, attempted, or confirmed sexual assaults (even if not prosecuted), criminal or intentional unsafe acts, alcohol- or drug-related incidents (including by employees), and any suspected patient abuse. It must include definitions for: safety incident (a harmful or risky event), sexual assault (sexual violence), and sexual assault incident (an instance of sexual assault). The policy must set up risk-assessment tools that look at a veteran’s legal and medical history, require staff training on security and getting police help, require physical security like cameras and computer, stationary, and portable panic alarms, give clear rules for reporting up the chain and to VA police, require referral to the Office of Inspector General when cases meet the criminal threshold in sections 901 and 902, create centralized tracking and sharing of reports, set consistent police procedures for investigations and closings, and give guidance for treating assaults reported more than 72 hours later. The Secretary must review and update the policy as needed. Within 60 days after the policy is made, and then by October 1 each year, the Secretary must send a report to the Senate and House Veterans’ Affairs Committees. The report must list the number and types of incidents by facility, describe how the policy was carried out and any changes from the year before, and show whether the policy improved safety using the measures used to judge that.