10 U.S.C. § 4361 : US Code - Section 4361: Policy on sexual harassment and sexual violence

Search 10 U.S.C. § 4361 : US Code - Section 4361: Policy on sexual harassment and sexual violence

(a) Required Policy. - Under guidance prescribed by the Secretary
of Defense, the Secretary of the Army 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) Matters To Be Specified in Policy. - 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) Annual Assessment. - (1) The Secretary of Defense, through
the Secretary of the Army, 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 Army 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.
(d) Annual Report. - (1) The Secretary of the Army 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 Army 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 Army 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.