Page:United States Statutes at Large Volume 120.djvu/2231

 120 STAT. 2200

PUBLIC LAW 109–364—OCT. 17, 2006

SEC. 532. REVISION AND CLARIFICATION OF REQUIREMENTS WITH RESPECT TO SURVEYS AND REPORTS CONCERNING SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE SERVICE ACADEMIES.

(a) CODIFICATION AND REVISION TO EXISTING REQUIREMENT FOR SERVICE ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.— (1) UNITED STATES MILITARY ACADEMY.—Chapter 403 of title 10, United States Code, is amended by adding at the end the following new section:

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‘‘§ 4361. Policy on sexual harassment and sexual violence ‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Army shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment and sexual violence applicable 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 specification of the following: ‘‘(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve 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 occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting; ‘‘(B) a specification of any other person whom the victim should contact; and ‘‘(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. ‘‘(3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel. ‘‘(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible. ‘‘(5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. ‘‘(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 effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel. ‘‘(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an oddnumbered calendar year, the Secretary of the Army shall conduct

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