10 U.S.C. § 7461 — Policy on sexual harassment and sexual

Page 3081 TITLE 10—ARMED FORCES § 7461 charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection. (Added Pub. L. 108–375, div. A, title V, § 545(a)(1), Oct. 28, 2004, 118 Stat. 1908, § 4360; renumbered § 7460, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4360 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. § 7461. Policy on sexual harassment and sexual violence (a) REQUIRED POLICY.—Under guidance pre- scribed by the Secretary of Defense, the Sec- retary of the Army shall direct the Super- intendent of the Academy to prescribe a policy on sexual harassment and sexual violence appli- cable 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 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 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 occur- rence of sexual harassment or sexual vio- lence, 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 cadet or other Academy personnel. (4) Any other sanction authorized to be im- posed in a substantiated case of sexual harass- ment or sexual violence involving a cadet or other Academy personnel in rape, acquaint- ance rape, or any other criminal sexual of- fense, whether forcible or nonforcible. (5) Required training on the policy for all ca- dets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy per- sonnel. (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 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 Army 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 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 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 cadets or other Academy personnel that have been re- ported to Academy officials during the pro- gram year and, of those reported cases, the number that have been substantiated. Page 3082 TITLE 10—ARMED FORCES § 7461 (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 in- volving 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 ca- dets 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 trans- mit 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 Com- mittee on Armed Services of the House of Rep- resentatives. (e) CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET WHO IS THE VICTIM OF A SEXUAL AS- SAULT OR RELATED OFFENSE.—(1) The Secretary of the Army shall provide for timely consider- ation of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institu- tion of higher education. (2) The Secretary of the Army 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 Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other of- fense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request sub- mitted by a cadet 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 Military Academy, in coordination with the Superintendent of the military serv- ice academy to which the cadet 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 cadet; (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 cadet to the military service academy concerned as expe- ditiously as possible; and (C) direct the Superintendent of the United States Military 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 cadet 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 cadet; (ii) subject to the cadet’s acceptance for admission to the institution of higher edu- cation to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that re- quire denial of the application; and (iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. (3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request re- view of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal 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 cadet who transfers under this subsection may retain the cadet’s appointment to the United States Military Academy or may be ap- pointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sec- tions 7442, 8454, and 9442 of this title. (Added Pub. L. 109–364, div. A, title V, § 532(a)(1), Oct. 17, 2006, 120 Stat. 2200, § 4361; renumbered § 7461, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–92, div. A, title V, § 555(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 116–283, div. A, title V, § 552(b)(1), 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 4361 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. Page 3083 TITLE 10—ARMED FORCES § 7461 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 Pub. L. 116–283, div. A, title V, § 539, Jan. 1, 2021, 134 Stat. 3606, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall, in consultation with the Secretaries of the military de- partments and the Superintendent of each military service academy, prescribe in regulations a policy under which a cadet or midshipman of a military serv- ice academy who is the alleged victim of a sexual as- sault and a cadet or midshipman who is the alleged per- petrator of such assault shall, to the extent prac- ticable, each be given the opportunity to complete their course of study at the academy without— ‘‘(1) taking classes together; or ‘‘(2) otherwise being in close proximity to each other during mandatory activities. ‘‘(b) ELEMENTS.—The Secretary of Defense shall en- sure that the policy developed under subsection (a)— ‘‘(1) permits an alleged victim to elect not to be covered by the policy with respect to a particular in- cident of sexual assault; ‘‘(2) protects the alleged victim as necessary, in- cluding by prohibiting retaliatory harassment; ‘‘(3) minimizes the prejudicial impact of the policy, to the extent practicable, on both the alleged victim and the alleged perpetrator, and allows the alleged victim and the alleged perpetrator to complete their course of study at the institution with minimal dis- ruption; ‘‘(4) protects the privacy of both the alleged victim and the alleged perpetrator by ensuring that informa- tion about the alleged sexual assault and the individ- uals involved is not revealed to third parties who are not specifically authorized to receive such informa- tion in the course of performing their regular duties, except that such policy shall not preclude the alleged victim or the alleged perpetrator from making such disclosures to third parties; and ‘‘(5) minimizes the burden on the alleged victim when taking steps to separate the alleged victim and alleged perpetrator. ‘‘(c) SPECIAL RULE.—The policy developed under sub- section (a) shall not preclude a military service acad- emy from taking other administrative or disciplinary action when appropriate. ‘‘(d) MILITARY SERVICE ACADEMY DEFINED.—In this section, the term ‘military service academy’ means the following: ‘‘(1) The United States Military Academy. ‘‘(2) The United States Naval Academy. ‘‘(3) The United States Air Force Academy. ‘‘(4) The United States Coast Guard Academy.’’ DEVELOPMENT OF RESOURCE GUIDES REGARDING SEX- UAL ASSAULT FOR THE MILITARY SERVICE ACADEMIES Pub. L. 115–232, div. A, title V, § 545, Aug. 13, 2018, 132 Stat. 1764, provided that: ‘‘(a) DEVELOPMENT.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], each Superintendent of a military service academy shall de- velop and maintain a resource guide for students at the respective military service academies regarding sexual assault. ‘‘(b) ELEMENTS.—Each guide developed under this sec- tion shall include the following information with re- gards to the relevant military service academy: ‘‘(1) PROCESS OVERVIEW AND DEFINITIONS.— ‘‘(A) An explanation of prohibited conduct, in- cluding examples. ‘‘(B) An explanation of consent. ‘‘(C) Victims’ rights. ‘‘(D) Clearly described complaint process, includ- ing to whom a complaint may be filed. ‘‘(E) Explanations of restricted and unrestricted reporting. ‘‘(F) List of mandatory reporters. ‘‘(G) Protections from retaliation. ‘‘(H) Assurance that leadership will take appro- priate corrective action. ‘‘(I) References to specific policies. ‘‘(J) Resources for survivors. ‘‘(2) EMERGENCY SERVICES.— ‘‘(A) Contact information. ‘‘(B) Location. ‘‘(3) SUPPORT AND COUNSELING.—Contact informa- tion for the following support and counseling re- sources: ‘‘(A) The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault. ‘‘(B) The Sexual Harassment/Assault Response and Prevention Resource Program Center. ‘‘(C) Peer counseling. ‘‘(D) Medical care. ‘‘(E) Legal counsel. ‘‘(F) Hotlines. ‘‘(G) Chaplain or other spiritual representatives. ‘‘(c) DISTRIBUTION.—Each Superintendent shall pro- vide the current guide developed by that Super- intendent under this section— ‘‘(1) not later than 30 days after completing devel- opment under subsection (a) to each student who is enrolled at the military service academy of that Su- perintendent on the date of the enactment of this Act; ‘‘(2) at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and ‘‘(3) as soon as practicable to a student at the mili- tary service academy of that Superintendent who re- ports that such student is a victim of sexual assault.’’ APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED MILITARY JUSTICE ENHANCE- MENTS TO MILITARY SERVICE ACADEMIES Pub. L. 113–291, div. A, title V, § 552(a), Dec. 19, 2014, 128 Stat. 3377, provided that: ‘‘The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Au- thorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [subtitle D (§§ 531–547) of title V of div. A of Pub. L. 113–291, see Tables for classification], including amendments made by such subtitle, apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable.’’ PREVENTION OF SEXUAL ASSAULT AT MILITARY SERVICE ACADEMIES Pub. L. 113–66, div. A, title XVII, § 1746, Dec. 26, 2013, 127 Stat. 983, provided that: ‘‘The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy include a section in the cur- ricula of that military service academy that outlines honor, respect, and character development as such per- tain to the issue of preventing sexual assault in the Armed Forces. Such curricula section shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, informa- tion relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for of- fenders. Training in such section in the curricula shall be provided within 14 days after the initial arrival of a Page 3084 TITLE 10—ARMED FORCES § 7462 new cadet or midshipman at that military service acad- emy and repeated annually thereafter.’’ FURTHER INFORMATION FROM CADETS AND MIDSHIPMEN AT THE SERVICE ACADEMIES ON SEXUAL ASSAULT AND SEXUAL HARASSMENT ISSUES Pub. L. 109–364, div. A, title V, § 532(b), Oct. 17, 2006, 120 Stat. 2205, provided that: ‘‘(1) USE OF FOCUS GROUPS FOR YEARS WHEN SURVEY NOT REQUIRED.—In any year in which the Secretary of a military department is not required by law to con- duct a survey at the service academy under the Sec- retary’s jurisdiction on matters relating to sexual as- sault and sexual harassment issues at that Academy, the Secretary shall provide for focus groups to be con- ducted at that Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at that Academy. ‘‘(2) INCLUSION IN REPORT.—Information ascertained from a focus group conducted pursuant to paragraph (1) shall be included in the Secretary’s annual report to Congress on sexual harassment and sexual violence at the service academies. ‘‘(3) SERVICE ACADEMIES.—For purposes of this sub- section, the term ‘service academy’ means the fol- lowing: ‘‘(A) The United States Military Academy. ‘‘(B) The United States Naval Academy. ‘‘(C) The United States Air Force Academy.’’ § 7462. Support of athletic programs (a) AUTHORITY.— (1) CONTRACTS AND COOPERATIVE AGREE- MENTS.—The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Associa- tion for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 3201(e) of this title, the Secretary may enter such contracts or cooperative agree- ments on a sole source basis pursuant to sec- tion 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 Academy. (2) FINANCIAL CONTROLS.—(A) Before entering into a contract or cooperative agreement under paragraph (1), the Secretary shall en- sure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accord- ance with accepted accounting principles. (B) Any such contract or cooperative agree- ment shall contain a provision that allows the Secretary, at the Secretary’s discretion, to re- view the financial accounts of the Association to determine whether the operations of the Association— (i) are consistent with the terms of the contract or cooperative agreement; and (ii) will not compromise the integrity or appearance of integrity of any program of the Department of the Army. (3) LEASES.—Section 2667(h) of this title shall not apply to any leases the Secretary may enter into with the Association for the purpose of supporting the athletic programs of the Academy. (b) SUPPORT SERVICES.— (1) AUTHORITY.—To the extent required by a contract or cooperative agreement under sub- section (a), the Secretary may provide support services to the Association while the Associa- tion conducts its support activities at the Academy. The Secretary may provide support services described in paragraph (2) only if the Secretary determines that the provision of such services is essential for the support of the athletic programs of the Academy. (2) SUPPORT SERVICES DEFINED.—(A) In this subsection, the term ‘‘support services’’ in- cludes utilities, office furnishings and equip- ment, communications services, records stag- ing and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property. (B) Such term includes— (i) housing for Association personnel on United States Army Garrison, West Point, New York; and (ii) enrollment of dependents of Associa- tion personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under sec- tion 2164(a) of this title, except that edu- cational services provided pursuant to this clause shall be provided on a reimbursable basis. (3) NO LIABILITY OF THE UNITED STATES.—Any such support services may only be provided without any liability of the United States to the Association. (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 programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be con- sidered to be employees 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 programs of the Academy. (3) LIMITATION.—The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (e) do not reflect unfavorably on the ability of the Department of the Army, any of its em- ployees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the in- tegrity or appearance of integrity of any pro- gram of the Department of the Army, or any individual involved in such a program. (d) TRADEMARKS AND SERVICE MARKS.— (1) LICENSING, MARKETING, AND SPONSORSHIP AGREEMENTS.—An agreement under subsection (a) may, consistent with section 2260 of this title (other than subsection (d) of such sec- tion), authorize the Association to enter into licensing, marketing, and sponsorship agree- ments relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Army. (2) LIMITATIONS.—No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if— (A) such agreement would reflect unfavor- ably on the ability of the Department of the Army, any of its employees, or any member