Eligibility for Reporting:

Active Duty, Retirees, and Adult Dependents are eligible to receive both restricted and unrestricted reporting.
Department of Defense Civilians and Contractors are ONLY eligible for UNRESTRICTED REPORTING. To receive confidential services aside from the military, off post support is available.

Reporting Options- Restricted Reporting

This option is for victims of sexual assault who wish to confidentially disclose the crime to specifically identified individuals without triggering an official investigative process. Service Members who desire restricted reporting under this policy must use one of the following reporting avenues:

• Sexual Assault Response Coordinator (SARC)
• Victim Advocate (VA)
• Health Care Provider (HCP) or personnel
• Legal Assistance Attorneys*
• Chaplains*

*While legal assistance attorneys and chaplains have confidentiality/privilege, they are not restricted reporting entity.

Pros and Cons When Electing a Restricted Reporting Decision

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Reporting Options- Unrestricted Reporting

This option is recommended for victims of sexual assault who desire medical treatment, counseling and an official investigation of crime. When selecting Unrestricted Reporting, you should use current reporting channels, e.g.:

• Sexual Assault Response Coordinator (SARC)
• Victim Advocate (VA)
• Chaplain
• Health Care Personnel
• Chain of Command
• Law Enforcement
• Legal Personnel

Upon notification of a reported sexual assault, the SARC will immediately assign a VA. At the victim’s discretion or request, the health care personnel shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know.

Pros and Cons When Electing an Unrestricted Reporting Decision

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Independent Investigation

Independent investigations are not initiated by the victim. If information about a sexual assault comes to a commander’s attention from a source other than a victim who has elected Restricted Reporting or where no election has been made by the victim, that commander shall report that matter to an CID and an official (independent) investigation may be initiated based on the independently acquired information.

• If there is an ongoing independent investigation, the sexual assault victim will no longer have the option of Restricted Reporting when:
  • (a) DoD law enforcement informs the SARC of the investigation, and
  • (b) The victim has not already elected Restricted Reporting.
• The timing of filing a Restricted Report is crucial. The victim MUST take advantage of the Restricted Reporting option BEFORE the SARC is informed of the investigation. The SARC then shall inform the victim of an ongoing independent investigation of the sexual assault. If an independent investigation begins AFTER the victim has formally elected Restricted Reporting, the independent investigation has NO impact on the victim’s Restricted Report and the victim’s communications and SAFE Kit remain confidential, to the extent authorized by law.

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Non-Participating Victim

Non-Participating Victim refers to a victim choosing not to participate in the military justice system. For victims choosing either Restricted or Unrestricted Reporting, the following guidelines apply:

• Details regarding the incident will be limited to only those personnel who have an official need to know. The Victim’s decision to decline to participate in an investigation or prosecution should be honored by all personnel charged with the investigation and prosecution of sexual assault cases, including, but not limited to commanders, DoD law enforcement officials, and personnel in the victim’s chain of command. If at any time the victims who originally chose the Unrestricted Reporting option declines to participate in an investigation or prosecution, that decision should be honored in accordance with this subparagraph. However, the victim cannot change from an Unrestricted to a Restricted Report. The victim should be informed by the SARC or SAPR VA that the investigation may continue regardless of whether the victim participates.
• The victim’s decision not to participate in an investigation or prosecution will not affect access to SARC and SAPR VA services or medical and psychological care. These services shall be made available to all eligible sexual assault victims.
• If a victim approaches a SARC and SAPR VA and begins to make a report, but then changes his or her mind and leaves without signing the DD Form 2910 (where the reporting option is selected), the SARC or SAPR VA is not under any obligation or duty to inform investigators or commanders about this report and will not produce the report or disclose the communications surrounding the report. If commanders or law enforcement ask about the report, disclosures can only be made in accordance with exception to MRE 514 privilege.

24/7 HOTLINE 580-917-4277

Sexual Assault

Sexual assault is a crime.

• Sexual Assault Chapter 8
• Confidentiality/Restricted Reporting Appendix G

Department of Defense defines sexual assault as intentional sexual contact, characterized by use of force, physical threat or abuse of authority, or when the victim does not or cannot consent. Consent should not be deemed or construed to mean the failure by the victim to offer physical resistance. Additionally, consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated or unconscious.

Sexual assault includes rape, non-consensual sodomy (oral or anal sex), indecent assault (e.g., unwanted and inappropriate sexual contact or fondling) or attempts to commit these acts. Sexual assault can occur without regard to gender, spousal relationship or age of victim.

Call 580 917-4277 to report a sexual assault through Fort Sill 24/7 Sexual Assault Hotline.

I have been sexually assaulted. What should I do?

• Go to a safe location away from the attacker.
• Contact your local sexual assault response coordinator, victim advocate or healthcare provider. You also may contact your chain of command or law enforcement (military or civilian), however if you do, an investigation will be initiated through the appropriate Criminal Investigative Service or local law enforcement agency.
• Seek medical care as soon as possible. Even if you do not have any visible physical injuries, you may be at risk of becoming pregnant or acquiring a sexually transmitted disease. Ask the healthcare provider to conduct a sexual assault forensic examination to preserve forensic evidence. If you suspect you had been drugged, request that a urine sample be collected.
• Preserve all evidence of the assault. Do not bathe, wash your hands, eat or drink or brush your teeth. Do not clean or straighten up the crime scene.
• Write down, tape or record by any other means all the details you can recall about the assault and your assailant.

Sexual Harassment Policy

• Sexual Harassment Chapter 7
• Sexual Harassment Complaint Appendix C

Expedited Victim Transfer Requests

Victims of sexual assault may not wish to remain in their current units or organization after the sexual assault incident. Requiring a service member to remain when they have a desire to leave the unit or organization may negatively affect their safety and emotional well-being, as well as the functioning of the unit/organization. Expediting review of, and action on, a victim’s request for transfer or reassignment is an important component of a leader’s response to a credible report of sexual assault.

Commanders will take reasonable steps to prevent a transfer from negatively impacting the Soldier’s career to the extent practicable. Prior to approving a request, the commander will ensure the Soldier is fully informed regarding foreseeable impacts on the Soldier’s career, the potential impact of the transfer on the investigation and potential prosecution or initiation of other adverse action against the alleged offender, or any other possible consequences of granting the request. The commander shall request and take into consideration the Soldier’s input before making a decision involving a temporary or permanent transfer and the location of the transfer. The commander shall refer to the criteria listed in Army Directive 2011-19 in making transfer decisions, to include transferring the alleged offender instead of the victim, when appropriate.

Soldiers who file an unrestricted report of sexual assault shall be informed at the time of making the report, or as soon as practicable, of the option to request a temporary or permanent transfer from their assigned command or base, or to a different location within their assigned command or base. The Soldier may also request an assignment deletion when the alleged offender is assigned or inbound to the Soldier’s gaining location. The Soldier shall initiate the transfer request in writing and submit the request to their commanding officer. The commanding officer shall document the date and time the request is received. The commander (battalion or above) shall make a credible report determination at the time the request is made after considering the advice of the supporting judge advocate, or other legal advisor concerned, and the available evidence. Only reports that are determined credible will be forwarded to the approval/disapproval authorities for reassignment consideration. Requests for transfer or reassignment must be accomplished utilizing DA form 4187 signed by the Soldier and endorsed by an O-5 or higher in block 12. Victims are encouraged to include any and all of their concerns in the written request to aid the commander in understanding their needs and in making an informed decision. Within 72 hours from the receipt of the Soldier’s request for reassignment or transfer, the commander (or equivalent senior civilian) in the chain of command with the appropriate approval authority must provide a decision regarding the Soldier’s request. PCS requests will ordinarily be to a valid authorized requirement, CONUS, and at the needs of the Army.

The approval authority for local moves that do not cross ACOM/ASCC/DRU is the lowest level commander exercising authority over both the losing and gaining unit. The disapproval authority for local moves that do not cross ACOM/ASCC/DRU is the first general officer in the Soldier’s chain of command. The approval authority for local moves that cross ACOM/ASCC/DRU is the senior mission commander (SMC) at the installation. The disapproval authority for local moves that cross ACOM/ASCC/DRU is the SMC at the installation, provided the SMC is a general officer.

Chief, special actions branch (AHRC-EPO-A), EPMD, HRC, is the approval authority for enlisted permanent change of station reassignments. Commanding general, HRC, is the disapproving authority for all permanent change of station reassignments.

Procedures for requests for PCS:
Requests will be submitted by the Soldier on a DA form 4187, along with a CID case number and name of investigating agent or civilian equivalent police report and a statement from the Soldier explaining why they want to be moved or deleted from assignment. Command endorsements should include appropriate recommendations to the first commander in the chain of command exercising general courts martial convening authority.

The following will be verbatim in section IV on the DA form 4187 for PCS transfer requests:
(1) based on all available evidence, supporting documentation, and the advice of the supporting legal advisor, I believe there are reasonable grounds to conclude an offense constituting sexual assault has been committed against the Soldier requesting transfer/reassignment.
(2) A temporary or permanent movement to a unit within the same battalion or brigade; to a unit within the same division; or to a unit on the same installation have all been considered.
(3) I have fully informed the victim of the potential impact of transfer or reassignment on the investigation; of the potential the victim may have to return for prosecution if prosecution is the appropriate course of action; future disposition of the allegation and potential prosecution or other adverse action that may be initiated against the alleged offender; potential for bonus recoupment, if applicable; reasonably foreseeable career impacts; and, other possible consequences of granting the request.
(4) Soldier understands selection of permanent change of station does not guarantee station of choice. PCS request will ordinarily be to a valid authorized requirement, CONUS, and at the needs of the Army.
(5) I believe a reassignment from Ft Sill would be in the best interest of the Soldier and the organization.
Recommendations for PCS disapproval of a credible report require a command endorsement, with justification, forwarded to HRC with the original request.

Helpful Documents

• Assault Flow Chart
• DoD Civilian Workers and Fort Sill Contractors Sexual Harassment Guide
• Battle Drill For Civilians and Contractors
• SHARP RC Survey

Helpful Links

• SAPR
• OCADVSA
• Safe Helpline
• NSVRC
• 1 in 6

SHARP Resources

RESOURCES	TELEPHONE NUMBER
Fort Sill SHARP Hotline	580 91-SHARP/ 580 917-4277
Equal Opportunity (EO)	580 442-5734
Equal Employment Opportunity (EEO)	580 442-4024
Garrison SHARP	580 442-4916
Installation Sexual Harassment Assault Response Program (SHARP)	580 442-6938
SHELTERS
New Direction Domestic Violence and Sexual Assault	580 357-2500
Hope Native American Domestic Violence And Sexual Assault	580 492-3590
COUNSELING
New Direction Domestic Violence and Sexual Assault	580 357-2500
Military Family Life Consultants	580 574-7364/ 7363/7362
Social Work Services	580 442-2836
MEDICAL
Reynolds Army Community Hospital	580 442-2770/2772
SPIRITUAL
Religious Support Office	580 442-3302/ after hours 580 442-3240/3241

Command Checklist
Sexual Assault Prevention and Response (SAPR) Program Procedures
Army Command Policy - 600-20
Equal Opportunity, CG Policy 15-08
Prevention of Sexual Assault and Treatment of Victims, CG Policy Memo 14-10
Prevention of Sexual Assault and Treatment of Victims, CG Policy 15-02
Equal Employment Opportunity Discrimination Complaints FS 69-22
Residency Restrictions for Registered Sex Offenders, CG Policy 14-03