Page:United States Statutes at Large Volume 120.djvu/2233

 120 STAT. 2202

Survey.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

PUBLIC LAW 109–364—OCT. 17, 2006

‘‘§ 6980. Policy on sexual harassment and sexual violence ‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Navy shall direct the Superintendent of the Naval Academy to prescribe a policy on sexual harassment and sexual violence applicable to the midshipmen and other personnel of the Naval 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 midshipmen or other Academy personnel. ‘‘(2) Procedures that a midshipman should follow in the case of an occurrence of sexual harassment or sexual violence, including— ‘‘(A) if the midshipman 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 midshipman or other Academy personnel. ‘‘(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a midshipman 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 midshipmen 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 Navy, 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 Navy shall conduct a survey, to be administered by the Department of Defense, of Academy personnel— ‘‘(A) to measure— ‘‘(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and ‘‘(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and ‘‘(B) to assess the perceptions of Academy personnel of—

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