UNCLASSIFIED (U)

3 FAM 1730

Sexual Assaults involving Department Personnel and Facilities in the United States

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

3 FAM 1731  Initial Response

(CT:PER-1200;   10-09-2024)

Anyone who has been sexually assaulted anywhere in the United States is encouraged to:

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

(2)  Call 911 to receive assistance from local medical and law enforcement.

(a)  A victim may call 911 at any time, even if the victim did not immediately call for medical or law enforcement assistance. 

(b)  A victim of sexual assault can also reach out to a sexual-assault crisis center.

(c)  An employee who is a victim of sexual assault is not under any obligation to report that sexual assault to the Department but has the option to reach out to:

(i)     DS’s Victims’ Resource Advocacy Program (VRAP) at vrap@state.gov;

(ii)    Diplomatic Security’s Office of Special Investigations (DS/DO/OSI) through the DS Command Center (DSCC) at 571-345-3146 or at DS-OSIDutyAgent@state.gov, which is available 24 hours a day, 7 days a week; and/or

(iii)    The Department’s Employee Consultation Services (ECS), a confidential and free service to employees for assistance in obtaining mental health services, at MEDECS@state.gov or 202-634-4874.

(3)  Preserve all evidence of the assault:

(a)  If possible, refrain from washing hands, bathing, brushing teeth, eating, laundering clothes, or smoking until contact can be made with medical or law enforcement first responders.

(b)  If still at the location of the assault, refrain from cleaning or straightening up or removing anything from the surroundings.

(4)  For employees requiring support for a disability 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 1732  Applicability

(CT:PER-1200;   10-09-2024)

a. This policy applies to the following categories:

(1)  All Department employees in the United States;

(2)  Persons under personal-services contracts (PSCs) or personal-services agreements (PSAs) in the United States;

(3)  Other individuals, such as third-party contractors, students (interns) and nonemployee fellows, and other personnel (e.g., subcontractors) in the United States who provide services to the State Department when the allegation involves conduct that occurs on duty or is associated with the individual’s position within the Department; and

(4)  Any individual involved in a sexual assault that occurs at any Department facility within the United States.

b. Procedures for handling allegations of sexual assault may be different at other agencies.  Department personnel detailed to another agency can reach out to the Washington, DC-based Bureau of Medical Services (MED) duty officer at 202-718-2329 or through the Operations Center at 202-647-1512 for medical guidance, and to DS/DO/OSI at or through the DS Command Center at 571-345-3146 for law enforcement guidance.

c.  The provisions of this 3 FAM 1730 apply to the fullest extent permitted by law.

3 FAM 1733  Procedures for Department Medical Personnel

(CT:PER-1200;   10-09-2024)

a. Medical emergencies in the United States are handled by local medical entities.  If an employee reaches out to MED regarding a sexual assault, MED will assist the individual in seeking medical assistance. 

b. 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 MED intranet page.

3 FAM 1734  PROCEDURES for DS Investigative Personnel Related to Sexual Assault

(CT:PER-1200;   10-09-2024)

a. A sexual assault that occurs within the United States generally falls under the jurisdiction of the state or locality where the sexual assault occurred and is primarily addressed by local law enforcement entities.  The state or the local jurisdiction is primarily responsible for any criminal investigation and prosecution. 

b. DS/DO/OSI can assist and provide support to the local or state law enforcement agency in support of their investigation based upon the victim’s preference.  Upon notification of an allegation of sexual assault occurring within the United States, DS/DO/OSI will:

(1)  Provide immediate guidance and support to the victim;

(2)  Advise the victim of appropriate state or local victim advocacy resources or VRAP;

(3)  Encourage the victim to seek out healthcare including medical examinations and mental health counseling;

(4)  Refer the victim to the appropriate state or local law enforcement agency to pursue a criminal investigation if the victim desires;

(5)  Provide the victim information about psychological support available through ECS; and

(6)  As appropriate, confer with other law enforcement agencies.

c. In addition to any criminal investigation, sexual assault by Department personnel is actionable misconduct.  DS/DO/OSI may conduct an administrative investigation of any sexual assault allegations if:

(1)  The assault occurred at a Department-controlled facility within the United States;

(2)  The alleged perpetrator is a Department employee; and/or

(3) The victim prefers that DS/DO/OSI investigate the alleged assault administratively.  DS/DO/OSI will inform victims of the difference between criminal and administrative investigations and the risks to a criminal case if they chose the administrative option.   

d. Based upon the allegations, OSI may:

(1)  Interview victims, witnesses, and suspects;

(2)  Review relevant electronic records, Department records, law enforcement databases, and other sources of information;

(3)  Conduct other investigative steps; and/or

(4)  Consult with or, if appropriate, refer investigations to other law enforcement agencies.

e. DS will also take appropriate action concerning any alleged perpetrator who commits a sexual assault (e.g., removal from the premises).  DS may, upon receipt of an allegation, in accordance with applicable laws, procedures and regulations, take further action, such as revoking building access; suspending visitor’s access requests; suspending and/or revoking Department of State-issued security clearances; notifying the appropriate bureau executive office; and notifying the clearance issuing agency, if applicable.

 

UNCLASSIFIED (U)