UNCLASSIFIED (U)

3 FAM 1700
SEXUAL ASSAULTS

3 FAM 1710

Sexual Assault Policies and Procedures

(CT:PER-1200;   10-09-2024)
(Office of Origin:  DS/DO/OSI)

3 FAM 1711  Victim Resources - Initial Response

(CT:PER-1200;   10-09-2024)

Sexual assault can have a traumatizing impact on individuals who are assaulted and a corrosive effect on the workplace.  The Department of State is committed to sensitively and effectively responding to community members who have been sexually assaulted, ensuring that they are treated with care and respect.  The Department supports victim-centric policies and procedures with the goal of addressing sexual assault.  The Department is determined to make all reasonable attempts to prevent sexual assault from being committed by, or against, those under Chief of Mission (COM) authority and their eligible family members overseas, and Department personnel in the United States.  If such an act should occur, the Department will support those who have been assaulted and take appropriate action to bring perpetrators to justice.  This FAM section outlines actions the Department will take in response to allegations of sexual assault.

Anyone who has been sexually assaulted is encouraged to:

(1)  Go to a safe place away from the perpetrator.

(2)  Reach out for help from a healthcare provider, advocacy support entity, and/or law enforcement. 

(3)  Preserve all evidence of the assault.

3 FAM 1712  Introduction

(CT:PER-1200;   10-09-2024)

a. Chiefs of Mission, Principal Officers, Bureau Executive Directors, and Senior Bureau Officials must ensure this information is disseminated to all employees and those under COM authority on an annual or more frequent basis.

b. 3 FAM 1720 provides guidance concerning sexual assaults occurring overseas; 3 FAM 1730 provides guidance concerning sexual assaults occurring within the United States.

c.  The language used in the FAM, by necessity, is technical, comports with and relates to relevant laws, and is administratively sound.  However, the legal terminology, including the term, “victim,” contained herein does not eclipse the compassion and urgency that underlie the Department’s commitment to this issue.

3 FAM 1713  Policy

(CT:PER-1200;   10-09-2024)

a. The Department is committed to fostering a workplace free of the threat of sexual assault and taking appropriate action to hold those who commit sexual assault accountable for their actions.

b. The Department supports victim-centric policies and procedures and will respect the victim’s path to recovery.  No victim of sexual assault will be compelled to report the assault or pursue an investigation if it is not their preference.

c.  The Department will institute programs to support victims of sexual assault, including providing trauma-informed training to Bureau of Diplomatic Security (DS) agents on how to respond to allegations of sexual assault.

d. Retaliation, harassment, or discrimination of any kind against anyone covered by this policy who experiences sexual assault, reports incidents of sexual assault, or participates in a sexual assault investigation is expressly prohibited and can lead to disciplinary action up to and including separation or removal from the person’s position and/or employment with the Department.  Prohibited conduct includes pressuring victims to report or pursue an investigation or to voluntarily or involuntarily curtail from an assignment.

e. The Department will take action, when possible, to bring perpetrators to justice.  An employee who is alleged to have committed sexual assault may be subject to, among other things, removal from the premises and/or curtailment.  The Department’s decision to take any such action will depend, as appropriate, on the nature and severity of the allegations, investigatory assessments, and the best interests of the Department.  3 FAM 2440 addresses the policy on curtailments. 

f.  In addition to any potential criminal penalty, an employee found to have committed sexual assault will be subject to administrative action and/or disciplinary action up to and including separation or removal from the person’s position and/or employment with the Department.  Interference in or refusal to cooperate in a sexual assault investigation may result in disciplinary action up to and including separation or removal from the person’s position and/or employment with the Department.  No victim will be compelled to report the assault or pursue an investigation if it is not their preference.

3 FAM 1714  Definitions

(CT:PER-1200;   10-09-2024)

Sexual Assault:  Intentional touching, or the forcing of another to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person that occurs without the explicit capacity and consent of the recipient.   

Sexual Harassment:  Harassment refers to unwelcome behavior tied to Equal Employment Opportunity (EEO) protected categories.  Sexual harassment is harassment that is sexual in nature.  Sexual assault may be a form of sexual harassment.  See, e.g., 3 FAM 1525.  Pursuant to 3 FAM 1525, the Office of Civil Rights (S/OCR) is designated as the primary Department entity to address allegations of sexual harassment.  S/OCR refers allegations of sexual assault and other possible crimes to the DS Office of Special Investigations (DS/DO/OSI).  DS/DO/OSI may investigate allegations of sexual harassment if linked to sexual assault allegations, in coordination with S/OCR.

Victim-Centric:  Prioritizing and incorporating the needs and concerns of the victim, for example giving the victim the choice to report or not report a sexual assault, and ensuring victims are aware of support services and opportunities to participate in the judicial process.

3 FAM 1715  Authorities

(CT:PER-1200;   10-09-2024)

These policies are issued under the following statutory authorities:

(1)  5 U.S.C. 301 (authorizing heads of departments to prescribe regulations)

(2)  22 U.S.C. 2709 (providing general DS special agent authority)

(3)  22 U.S.C. 3926 (authorizing the Secretary to prescribe regulations to carry out functions under the Foreign Service Act)

(4)  22 U.S.C. 3927 (setting forth Chief of Mission authority)

(5)  22 U.S.C. 3929 (requiring reporting to the Office of the Inspector General)

(6)  22 U.S.C. 4802 (giving the Secretary certain security responsibilities for certain U.S. Government personnel abroad and their accompanying dependents)

(7)  22 U.S.C. 4084 (authorizing a health care program)

3 FAM 1716  Sexual Assault Reporting Guidelines

(CT:PER-1200;   10-09-2024)

a. Supervisors and other responsible Department officials who observe, are informed of, or reasonably suspect a sexual assault has occurred must immediately report such incidents to DS/DO/OSI by phone through the DS Command Center at 571-345-3146 or email DS-OSIDutyAgent@state.gov.  Responsible Department officials include but are not limited to, all individuals with supervisory authority, including those who supervise Locally Employed (LE) Staff, eligible family members, and contractors.  Failure to report such incidents to DS/DO/OSI will be considered a violation of this policy and may result in disciplinary action.  DS/DO/OSI will provide guidance as needed, including with regard to immediate appropriate actions.

b. DS/DO/OSI special agents are mandatory reporters of sexual harassment.  Accordingly, DS/DO/OSI will report sexual harassment as defined in 3 FAM 1714 to S/OCR.

c.  An individual may report a sexual assault at any time, regardless of the amount of time that has elapsed since the assault occurred.

d. No victim will be compelled to report or pursue an investigation if it is not their preference.  If a victim is a mandatory reporter, they are not required to report the incident.

e. Anyone aware of a sexual assault is strongly encouraged to immediately report to:

·         A Regional Security Officer (RSO); and/or

·         DS/DO/OSI by phone through the DS Command Center at 571-345-3146 or email DS-OSIDutyAgent@state.gov; and/or

·         The Victims’ Resource Advocacy Program (DS/OSI/VRAP) at 855-810-7878 or email at VRAP@state.gov.

f.  If the alleged perpetrator has a position of authority at post (COM, Deputy Chief of Mission [DCM], RSO, Foreign Service Medical Specialist [FSMS], etc.) or is an eligible family member of someone in that position, that person in a position of authority must be excluded from any reporting chain and the report should be made by contacting DS/DO/OSI. 

g. Victims’ Resource Advocacy Program (DS/OSI/VRAP) personnel are exempt from reporting obligations when an individual seeks guidance or advocacy assistance.

h. Bureau of Medical Services (MED) personnel are exempt from reporting obligations when the information about sexual assault is obtained pursuant to assessment and/or treatment of the victim.  MED personnel will not share protected health information except in accordance with the Notice of Privacy Practices or with the written consent of the patient.  Individuals can obtain a copy of the MED Notice of Privacy Practices from the health unit at post or on the MED intranet page.

i.  Except as required by law, non-MED personnel will only disclose information about sexual assaults to other Department officers and employees on a need-to-know basis, including to the Office of Inspector General (OIG) in accordance with 22 U.S.C. 3929, and to other Federal and local agencies, in accordance with the Privacy Act.

3 FAM 1717  The Department’s Multi-disciplinary Team

(CT:PER-1200;   10-09-2024)

a. The Department employs a multi-disciplinary team approach in efforts to prevent and address sexual assault and sexual harassment by or against its employees and, if such an act should occur, support those who have been assaulted and bring the perpetrators to justice.  Multi-disciplinary in this context refers to the range of offices and bureaus that play a role both at Department headquarters, including MED; DS; S/OCR; and the Bureau of Global Talent Management (GTM); and at post (for sexual assaults that occur overseas), typically including the COM or DCM, RSO, and the FSMS and/or other Health Unit staff.

b. Bureau of Medical Services – MED assists employees in seeking medical assistance regarding a sexual assault; provides guidance and training to Foreign Service Medical Specialists and other Health Unit clinicians on the proper procedures to follow when a Health Unit is notified of an allegation of sexual assault; and maintains and updates procedures to handle, ship, and store completed Sexual Assault Evidence Collection (SAEC) Kits in the event the victim declines to notify DS of the sexual assault but consents to the administration of a SAEC Kit, among other things.  The MED Duty Officer can be contacted at 202-718-2329, or through the Operations Center at 202-647-1512, 24 hours a day, seven days a week.  MED’s Employee Consultation Services (ECS) can be contacted by phone at 202-634-4874 or email at MEDECS@state.gov.  See 3 FAM 4160 for more information about ECS.

c.  DS’s Victims’ Resource Advocacy Program – The Department maintains a victim advocacy program within DS that provides assistance and support to crime victims from professional advocates including, but not limited to, counseling referrals, assistance obtaining financial reimbursement for lost property, relocation guidance, group support, administrative navigation, housing stability, identity repair, understanding of the judicial processes, and accompaniment to judicial proceedings.  VRAP can be contacted by phone at 855-810-7878 or email at VRAP@state.gov.  VRAP also houses information online on VRAP’s intranet website.

d. DS’s Office of Special Investigations – DS/DO/OSI is authorized to conduct sexual assault investigations as stated in 1 FAM 262.4-6(2)(b) and can be contacted by phone through the DS Command Center (DSCC) at 571-345-3146 or email at DS-OSIDutyAgent@state.gov.  DS/DO/OSI:

(1)  Ensures that a DS special agent is assigned and available as a duty agent 24 hours per day, seven days per week to receive sexual assault allegations from victims, RSOs, the DS Command Center, responsible Department officials, clinicians, and others, and to begin investigations of the reported assault.

(2)  Maintains a cadre of DS special agents who are specially trained and designated as sexual assault investigators.  These investigators have completed a training curriculum that is trauma responsive and identified and approved by the DS/DO/OSI Deputy Assistant Director.  Sexual assault investigations will be led by a designated DS/DO/OSI sexual assault investigator.

(3)  Provides trauma-informed training on how to respond to sexual assault allegations upon request and through existing leadership and training programs offered in the Department or by bureaus/posts.

(4)  Instructs DS special agents on how to initially respond to allegations of sexual assault via the Basic Special Agent Course, Basic Regional Security Officer course, the Regional Security Officer In-Service course, and other means as determined by the DS/DO/OSI Deputy Assistant Director.

(5)  Provides SAEC Kit familiarization training and briefings on DS procedures in responding to sexual assaults to FSMS and other Health Unit staff as requested by MED.

(6)  Procures and maintains an adequate supply of designated SAEC Kits, dispatching the SAEC Kits to posts at the request of MED, the RSO, or a Health Unit.

e. Office of Civil Rights – S/OCR is the Department’s main point of contact for all matters related to sexual harassment and investigates or oversees investigations of alleged sexual harassment.  S/OCR serves as a neutral, independent fact finder.  Anyone who is the victim of sexual harassment in the workplace may report the incident to S/OCR.  Certain Department employees including supervisors and other responsible Department officials are mandated to report sexual harassment to S/OCR in accordance with 3 FAM 1525.  When someone reports an allegation of sexual harassment to S/OCR, S/OCR will:

(1)  Review the allegations to determine whether the allegations fall under the purview of 3 FAM 1525.  If the allegations involve sexual assault, S/OCR will refer the allegations to DS/DO/OSI, who may also investigate any sexual harassment allegations linked to the sexual assault allegations in coordination with S/OCR.  If DS/DO/OSI is unable to complete an investigation, S/OCR may take further action under 3 FAM 1525.

(2)  Notify management of its obligation to take immediate corrective action if the allegations fall under the purview of 3 FAM 1525 and assign an S/OCR Attorney-Adviser to lead and/or oversee an investigation into the allegations.

(3)  Conduct a prompt, thorough, and impartial investigation.

f.  GTM’s Office of Career Development and Assignments (GTM/CDA) – Foreign Service personnel should contact GTM/CDA for information about curtailment.  See 3 FAM 2440.

g. GTM’s Office of Employee Relations (GTM/ER) – GTM/ER’s Manager Support Unit is available to support managers in addressing misconduct and/or poor performance, and for consultations in advance of a request for involuntary curtailment.  See 3 FAM 2440.

h. GTM’s Office of Accessibility and Accommodations (GTM/OAA) - For employees requiring disability support during any portion of the process, contact or link them to the Office of Accessibility and Accommodations at OAA@state.gov.  Refer to 3 FAM 3670 for details on the reasonable accommodation process.

3 FAM 1718  INVESTIGATING Sexual Assault by Department Personnel

(CT:PER-1200;   10-09-2024)

a. DS prioritizes safety, dignity, and discretion in its sexual assault investigations.  This approach ensures the victim is aware of the steps of the investigation and offers the victim the opportunity to communicate freely with the investigator and a victim advocate from VRAP.  VRAP personnel are educated and/or specially trained to work with crime victims.  If, after reporting the assault to DS, the victim formally declines to proceed further, DS will respect the victim’s decision and will not re-contact the victim to ask the victim to reconsider their decision.

b. Sexual assault perpetrated by Department personnel is actionable misconduct.  If the victim declines to press any criminal charges, DS/DO/OSI will conduct an administrative investigation into the sexual assault allegations with the victim’s consent.

c.  GTM/ER’s Conduct, Suitability, and Discipline Division will review reports of sexual harassment and/or assault submitted through reports of investigation from DS, S/OCR, or others for assessment of appropriate disciplinary action.  Employees who commit sexual harassment and/or assault may be subject to criminal prosecution, disciplinary action up to and including separation or removal from the person’s position and/or employment with the Department.

d. The DS Office of Personnel Security and Suitability (DS/SI/PSS) is responsible for the Department’s personnel security programs, including the development and implementation of personnel security investigations and adjudications, and provides support to the Department’s suitability determinations.  DS/SI/PSS assesses the reliability, loyalty, and trustworthiness of personnel, applicants, appointees, and contractors to protect national security.  The DS Industrial Security Division (DS/IS/IND) administers personnel-security requirements, for Department contractors whose clearances are not issued by DS/SI/PSS.

(1)  In cases where the subject’s security clearance was issued by the Department, DS/SI/PSS may, upon receiving an allegation of a sexual assault, conduct an adjudicative review of the subject’s continued eligibility for access to classified information.  This review could result in the suspension or revocation of a subject’s security clearance.

(2)  In cases where the subject’s security clearance was issued by another U.S. Government entity, DS/SI/PSS or DS/IS/IND may, upon receiving allegations of a sexual assault, notify the clearance granting entity/investigative service provider and deauthorize the subject’s visitor access request, which grants access to Department facilities.

 

UNCLASSIFIED (U)