§533 Anti-harassment and Anti-sexual Assault Policy

Summary

The Secretary must create a department-wide plan, run by the Office of Assault and Prevention in the Veterans Health Administration, to stop harassment and sexual assault, including sexual and gender-based harassment. The plan must tell staff how to handle reports when someone who is not a VA employee or contractor either commits or is a victim of harassment or assault inside a VA facility. It must let outside people report safely and confidentially, explain clearly who to contact and how to report at a facility and online, require staff and contractors to report any witnessed incidents even if the victim does not want to, and describe discipline for staff who fail to report. The plan must include annual (or more frequent) training for staff with bystander intervention, yearly (or more frequent) mail or email distribution of the policy and educational materials to every person getting VA benefits, visible messages in each facility, and banners on VA websites. The Secretary must name at least one point of contact (in addition to law enforcement) at each VA facility, at least one in each Veterans Integrated Service Network, one in each regional benefits office, one at each National Cemetery location, and one at the Central Office to track reports by facility. Facility directors and VISN directors must be held responsible. Facilities with five or more incidents in a fiscal year need a remediation plan and may face personnel actions under chapter 7 or subchapter V of chapter 74. New patient intake must ask veterans if they feel safe and if they want follow-up. A working group with veterans service organizations, State/local/Tribal veterans agencies, and others will make a local action plan, shared media, and bystander training and is not covered by the Federal Advisory Committee Act. The Secretary must send an annual report to the Senate and House Veterans’ Affairs Committees with program results, research findings, incident data, actions taken, training assessment, and needed resources. Definitions: “non-Department individual” = someone at a VA facility who is not a VA employee or contractor. “Sexual harassment” = unwanted sexual words or touches that feel threatening.