UNCLASSIFIED National Guard Technician Personnel Nevada National Guard

UNCLASSIFIED National Guard Technician Personnel Nevada National Guard Sexual Assault Prevention and Response Program (SAPR) Module 12 Ms. Karen-Nicole (Nikky) Randel UNCLASSIFIED

UNCLASSIFIED Objectives • Define sexual assault and its relationship, and/or differences to sexual harassment • Explain the role and responsibilities of a supervisor as it pertains to sexual assault • Explain who to contact when you are notified of a sexual assault • Describe the response an employee (Title 32 military technician, Title 5 technician, or other civilian employee) who is a victim of a sexual assault, and which services they may receive from SAPR personnel UNCLASSIFIED 2

UNCLASSIFIED • SAPR Personnel Nevada Full-Time SAPR Team – JFHQ-State SARC Nikky Randel, 775 -291 -7820 24/7 Response Line: 775 -384 -5840 – JFHQ-State Victim Advocate Coordinator Allen Morris, 775 -220 -1971 – ANG Wing SARC Michelle Dieters, 775 -240 -5922 24/7 Response Line: 775 -240 -5922 The SARCs coordinate with Labor Relations, Provost Marshal, the Staff Judge Advocate, Special Victims Counsel, local law enforcement, community partners, commanders and supervisors to respond to reports of sexual assault and ensure the safety of those who report sexual assault. Monthly Case Management Group meetings ensure the synchronized effort to 3 UNCLASSIFIED manage and respond to each case

UNCLASSIFIED SARC Responsibilities • Establishes SAPR policies and procedures – ARNG SHARP and ANG SAPR programs • Prevention – training and awareness programs • Advocacy – 24 -hour 7 day per week cross service joint response capability • Accountability – Monthly Case Management Group meetings – Coordinate with OSJA and Provost Marshal for Investigation (Law Enforcement and/or NGB OCI) • Assessment – program evaluation and trend analysis UNCLASSIFIED 4

UNCLASSIFIED Knowledge Check How much do you already know about the SAPR program and sexual assault? UNCLASSIFIED 5

Defining Sexual Assault UNCLASSIFIED • Sexual assault is a crime – Intentional sexual contact • Use of force, threats, intimidation or abuse of authority • Victim does not or cannot consent • Sexual offenses – Rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these offenses References: Do. DD 6495. 01; CNGBI 1300. 01; OPM Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies UNCLASSIFIED 6

UNCLASSIFIED • Consent – Overt acts – Freely given agreement – Competent person Consent & Non-Consent • NON-Consent – Lack of verbal or physical resistance – Current or previous dating relationship – Mentally incapable – Physically incapable UNCLASSIFIED 7

UNCLASSIFIED Supervisor’s Role & Responsibilities • Prevention – must create a culture (language + beliefs + actions) of safety, unity, and integrity • Advocacy/Victim Assistance – ensure availability of reporting options) • Accountability – supervisors coordinate with LRS and JAG • Prevention of Retaliation, Reprisal, Ostracism, or Maltreatment Leadership (commanders/supervisors) do not determine whether a sexual assault did or did not happen; your job is to support the victim, the alleged perpetrator, and protect the process UNCLASSIFIED 8

UNCLASSIFIED • Prevention Work environment - Free from sexual assault or acts of retaliation, reprisal, ostracism, or maltreatment as a result of making an official report or complaint - Dignity and respect - Provide training on safe intervention - Review policies on alcohol and other relevant subjects UNCLASSIFIED 9

Prevention 10 UNCLASSIFIED

Sexual Harassment vs Sexual Assault When does sexual harassment cross the line into sexual assault? Sexual Harassment Sexual Assault When it becomes physical; unwanted, nonconsensual sexual contact such as groping or fondling constitutes as sexual assault and is a crime. 11 UNCLASSIFIED

UNCLASSIFIED Advocacy and Victim Assistance • Restricted Report • Reported to SARC/VA • Advocacy, Medical Services, Behavioral Health Services, Legal Services (as applicable) • No Investigation Initiated • Commander/Supervisor notified • Unrestricted Report • Reported to SARC/VA, commander/supervisor, or law enforcement • Advocacy, Medical Services, Behavioral Health Services, Legal Services (as applicable) • May qualify for worker’s comp and/or administrative leave* • Investigation Initiated (not conducted by command/supervisor) References: Do. DD 6495. 01; CNGBI 1300. 01; OPM Guidance for Agency-Specific Domestic Violence, 12 Sexual Assault, and Stalking Policies; Memorandum, Technician Personnel Management Division, NGB, UNCLASSIFIED 6 Dec 2018, Administrative Leave for Victims of Sexual Assault in the Workplace

UNCLASSIFIED Advocacy and Victim Assistance • Civilian and Dual-Status Technicians - Technician state benefits as defined by state law - Healthcare Services available through Health Insurance and state Victims of Crime Compensation Act - SAPR Services for referrals and assistance - May qualify for workers compensation and/or administrative leave if assault occurred on duty • SAPR personnel will assist in helping to determine available services and reporting options 13 UNCLASSIFIED

UNCLASSIFIED Accountability • Call the SARC and JAG • Ensure victim safety • First action should always be to remove the alleged offender from the workplace (administrative leave, coordinate with SARC/LRS) • Inform leadership • Only those with an official, legitimate need to know • Protect confidentiality • Take action as necessary to avoid • Re-victimization/re-traumatization • Retaliation/reprisal • Coordinate with SARC, LRS, JAG, law enforcement and investigative agencies 14 UNCLASSIFIED

UNCLASSIFIED Accountability • DO NOT question the victim about the incident • DO NOT determine whether its sexual assault or sexual harassment (call the SARC) • DO NOT conduct an investigation • DO NOT inform individuals without an official, legitimate need to know • DO NOT determine the truthfulness of the allegation • DO coordinate actions with LRS and JAG 15 UNCLASSIFIED

UNCLASSIFIED Barriers to Reporting • Fear of harm • Embarrassment • Afraid people will talk about them, concerned who will know • Denial • • • Co-occurring offenses (Alcohol or drug charges) Reputation Lack of Knowledge Fear for career Fear that they will be blamed Fear that no one will believe them 16 UNCLASSIFIED

UNCLASSIFIED Retaliation Definitions Retaliation is an act by any member of the National Guard or employee of the National Guard that wrongfully takes or threatens to take an adverse personnel action against any person, or wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication. Retaliatory behavior is misconduct such as maltreatment, ostracism, reprisal, and restriction. References: OPM Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies; Do. D Directive 7050. 06, “Military Whistleblower Protection” 17 UNCLASSIFIED

UNCLASSIFIED Retaliation Individuals protected from retaliation or reprisal include victims and/or their dependents, witnesses or bystanders who intervene or report a sexual assault, SARCs, SAPR VAs, and VAs executing their duties and responsibilities, SVCs and other First Responders. Report retaliation/reprisal related to a report of sexual assault to: Ø SARC or SAPR VA Ø Installation/Do. D Inspector General (IG) Ø Provost Marshal’s Office Ø Immediate Supervisor Ø Supervisor outside the Chain of Command References: OPM Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies; Do. D Directive 7050. 06, “Military Whistleblower Protection” 18 UNCLASSIFIED

UNCLASSIFIED Impact of Sexual Assault The Victim’s Perspective “One of the most difficult things about understanding sexual assault is that some people see rape as bad sex. From the victim’s perspective, the act of sexual assault bears almost no resemblance to the act of sex. Victims experience rape as a terrifying trauma where they often fear for their lives. ” 19 UNCLASSIFIED

UNCLASSIFIED Summary • Supervisors are responsible to their full-time military technician (T 32) and civilian (T 5, contractors, etc. ) employees • Supervisors are responsible to create and maintain a culture of dignity and respect for all persons; increasing the safety, unity, and integrity of the workplace • Supervisors must coordinate with the SARC, LRS, OSJA, and applicable law enforcement and investigative agencies • Supervisors DO NOT investigate, to not determine whether a sexual assault is true or false • Supervisors support the victim, the alleged perpetrator, and PROTECT THE PROCESS

UNCLASSIFIED Check on Knowledge • Sexual Harassment and Sexual Assault are not the same but they are related to each other – when does harassment cross the line to sexual assault? • Who should the Supervisor first notify if an individual discloses to the Supervisor that he/she was a victim of sexual assault? • The Supervisor can cause further trauma to the victim by displaying attitudes that blame the victim for the sexual assault – instead, what role does the supervisor play in the process? 21 UNCLASSIFIED

UNCLASSIFIED Questions?