10 U.S.C. § 8480 — Policy on sexual harassment and sexual

Page 3281 TITLE 10—ARMED FORCES § 8480 § 8480. Policy on sexual harassment and sexual violence (a) REQUIRED POLICY.—Under guidance pre- scribed by the Secretary of Defense, the Sec- retary of the Navy shall direct the Super- intendent of the Naval Academy to prescribe a policy on sexual harassment and sexual violence applicable to the midshipmen and other per- sonnel of the Naval Academy. (b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual harassment and sexual violence prescribed under this section shall include speci- fication of the following: (1) Programs to promote awareness of the in- cidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that in- volve midshipmen or other Academy per- sonnel. (2) Procedures that a midshipman should fol- low in the case of an occurrence of sexual har- assment or sexual violence, including— (A) if the midshipman chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or per- sons to whom the alleged offense should be reported and the options for confidential re- porting; (B) a specification of any other person whom the victim should contact; and (C) procedures on the preservation of evi- dence potentially necessary for proof of criminal sexual assault. (3) Procedures for disciplinary action in cases of alleged criminal sexual assault in- volving a midshipman or other Academy per- sonnel. (4) Any other sanction authorized to be im- posed in a substantiated case of sexual harass- ment or sexual violence involving a mid- shipman or other Academy personnel in rape, acquaintance rape, or any other criminal sex- ual offense, whether forcible or nonforcible. (5) Required training on the policy for all midshipmen and other Academy personnel, in- cluding the specific training required for per- sonnel who process allegations of sexual har- assment or sexual violence involving Academy personnel. (c) ANNUAL ASSESSMENT.—(1) The Secretary of Defense, through the Secretary of the Navy, 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 effec- tiveness of the policies, training, and procedures of the Academy with respect to sexual harass- ment and sexual violence involving Academy personnel. (2) For the assessment at the Academy under paragraph (1) with respect to an Academy pro- gram year that begins in an odd-numbered cal- endar year, the Secretary of the Navy shall con- duct a survey, to be administered by the Depart- ment of Defense, of Academy personnel— (A) to measure— (i) the incidence, during that program year, of sexual harassment and sexual vio- lence events, on or off the Academy reserva- tion, that have been reported to officials of the Academy; and (ii) the incidence, during that program year, of sexual harassment and sexual vio- lence events, on or off the Academy reserva- tion, 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 in- volving Academy personnel; (ii) the enforcement of such policies; (iii) the incidence of sexual harassment and sexual violence involving Academy per- sonnel; 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 sub- section if the Secretary determines that con- ducting 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 Con- gress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination. (d) ANNUAL REPORT.—(1) The Secretary of the Navy shall direct the Superintendent of the Naval Academy to submit to the Secretary a re- port on sexual harassment and sexual violence involving midshipmen or other personnel at the Academy for each Academy program year. (2) Each report under paragraph (1) shall in- clude, for the Academy program year covered by the report, the following: (A) The number of sexual assaults, rapes, and other sexual offenses involving mid- shipmen or other Academy personnel that have been reported to Naval Academy officials during the program year and, of those reported cases, the number that have been substan- tiated. (B) The policies, procedures, and processes implemented by the Secretary of the Navy and the leadership of the Naval Academy in re- sponse to sexual harassment and sexual vio- lence involving midshipmen 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 mid- shipmen 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 Navy shall trans- mit to the Secretary of Defense, and to the Board of Visitors of the Naval Academy, each report received by the Secretary under this sub- section, together with the Secretary’s com- ments on the report. Page 3282 TITLE 10—ARMED FORCES § 8480 (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 Com- mittee on Armed Services of the House of Rep- resentatives. (e) CONSIDERATION OF REQUEST FOR TRANSFER OF A MIDSHIPMAN WHO IS THE VICTIM OF A SEX- UAL ASSAULT OR RELATED OFFENSE.—(1) The Secretary of the Navy shall provide for timely consideration of and action on a request sub- mitted by a midshipman appointed to the United States Naval Academy who is the victim of an alleged sexual assault or other offense cov- ered by section 920, 920c, or 930 of this title (arti- cle 120, 120c, or 130 of the Uniform Code of Mili- tary 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 Navy 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 Naval Academy shall ensure that any midshipman who has been appointed to the United States Naval 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 pur- suant to this section, and that any formal re- quest submitted by a midshipman 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 Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman 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 midshipman; (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 ef- fectuate the transfer of the midshipman to the military service academy concerned as expeditiously as possible; and (C) direct the Superintendent of the United States Naval 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 midshipman 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 midshipman; (ii) subject to the midshipman’s accept- ance for admission to the institution of higher education to which the midshipman wishes to transfer, to approve such request for transfer unless there are exceptional cir- cumstances that require denial of the appli- cation; and (iii) to take all necessary and appropriate action to effectuate the midshipman’s en- rollment in the institution of higher edu- cation to which the midshipman wishes to transfer and to process the midshipman for participation in the relevant Senior Reserve Officers’ Training Corps program as expedi- tiously as possible. (3) If the Superintendent of the United States Naval Academy denies a request for transfer under this subsection, the midshipman may re- quest review of the denial by the Secretary of the Navy, who shall take action on such request not later than 72 hours after receipt of the for- mal request for review. (4) The Secretary concerned shall ensure that all records of any request, determination, trans- fer, or other action under this subsection remain confidential, consistent with applicable law and regulation. (5) A midshipman who transfers under this subsection may retain the midshipman’s ap- pointment to the United States Naval Academy or may be appointed to the military service academy to which the midshipman transfers without regard to the limitations and require- ments set forth in sections 7442, 8454, and 9442 of this title. (Added Pub. L. 109–364, div. A, title V, § 532(a)(2), Oct. 17, 2006, 120 Stat. 2201, § 6980; renumbered § 8480, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 116–92, div. A, title V, § 555(b), Dec. 20, 2019, 133 Stat. 1389; Pub. L. 116–283, div. A, title V, § 552(b)(2), Jan. 1, 2021, 134 Stat. 3632.) 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 6980 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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 REQUIREMENTS For 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 SEPARA- TION OF ALLEGED VICTIMS AND ALLEGED PERPETRA- TORS IN INCIDENTS OF SEXUAL ASSAULT Secretary 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 mili- tary service academy who is the alleged victim or al- leged perpetrator of a sexual assault to complete their course of study at the academy with minimal disrup- tion and does not preclude the academy from taking other administrative or disciplinary action, see section Page 3283 TITLE 10—ARMED FORCES § 8481 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 ENHANCE- MENTS TO MILITARY SERVICE ACADEMIES Secretary 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 ap- plicable, 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 ACADEMIES Secretary of Defense to ensure that military service academy curricula include honor, respect, and char- acter 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 ISSUES Secretary of a military department to provide for focus groups to ascertain information relating to sex- ual 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 infor- mation 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. § 8481. Support of athletic and physical fitness programs (a) AUTHORITY.— (1) CONTRACTS AND COOPERATIVE AGREE- MENTS.—The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Acad- emy. Notwithstanding section 3201(e) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 3204(a)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Naval Academy. (2) LEASES.—The Secretary may enter into leases, in accordance with section 2667 of this title, or licenses with the Association for the purpose of supporting the athletic and phys- ical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of section 2667(h)(2) of this title. (b) USE OF NAVY PERSONAL PROPERTY BY THE ASSOCIATION.—The Secretary may allow the As- sociation to use, at no cost, personal property of the Department of the Navy to assist the Asso- ciation in supporting the athletic and physical fitness programs of the Naval Academy. (c) ACCEPTANCE OF SUPPORT.— (1) SUPPORT RECEIVED FROM THE ASSOCIA- TION.—Notwithstanding section 1342 of title 31, the Secretary may accept from the Associa- tion funds, supplies, and services for the sup- port of the athletic and physical fitness pro- grams of the Naval Academy. For purposes of this section, employees or personnel of the As- sociation may not be considered to be employ- ees of the United States. (2) FUNDS RECEIVED FROM NCAA.—The Sec- retary may accept funds from the National Collegiate Athletic Association to support the athletic and physical fitness programs of the Naval Academy. (3) LIMITATION.—The Secretary shall ensure that contributions under this subsection do not reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and ob- jective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Navy, or any individual involved in such a program. (d) RETENTION AND USE OF FUNDS.—Notwith- standing section 2260(d) of this title, funds re- ceived under this section may be retained for use in support of athletic and physical fitness programs of the Naval Academy and shall re- main available until expended. (e) TRADEMARKS AND SERVICE MARKS.— (1) LICENSING, MARKETING, AND SPONSORSHIP AGREEMENTS.—An agreement under subsection (a)(1) may, consistent with sections 2260 (other than subsection (d)) and 8022(b)(3) of this title, authorize the Association to enter into licens- ing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Naval Academy, subject to the approval of the Department of the Navy. (2) LIMITATIONS.—No such licensing, mar- keting, or sponsorship agreement may be en- tered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Sec- retary determines that the use of the trade- mark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Navy, or any individual involved in such a program. (f) SERVICE ON ASSOCIATION BOARD OF CON- TROL.—The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided. (g) CONDITIONS.—The authority provided in this section with respect to the Association is available only so long as the Association con- tinues to— (1) qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the laws of the State of Maryland, and the constitution and bylaws of the Associa- tion; and (2) operate exclusively to support the ath- letic and physical fitness programs of the Naval Academy. (h) ASSOCIATION DEFINED.—In this section, the term ‘‘Association’’ means the Naval Academy Athletic Association. (Added Pub. L. 112–239, div. A, title V, § 542(a), Jan. 2, 2013, 126 Stat. 1735, § 6981; renumbered