Attachment 3 MS 246 Final Procedures.docx

MS 246 Procedures for Handling Complaints of Volunteer/Trainee Sexual Misconduct Applicability

(a) The MS 246 Procedures for Handling Complaints of Volunteer/Trainee Sexual Misconduct (Procedures) must be used by Peace Corps staff who learn of an allegation of Sexual Misconduct by one currently serving Volunteer/Trainee (V/T) against another currently serving V/T. In cases of sexual assault, the allegation is classified as a Standard Report of sexual assault pursuant to MS 243 Responding to Sexual Assault.

(b) These Procedures are intended primarily for use with Complaints brought by Reporting V/Ts of Sexual Misconduct. If a Sexual Misconduct Report is made by a V/T who was a witness to Sexual Misconduct, but is not the Victim, these Procedures may be adapted and used to the extent appropriate in the circumstances.

Definitions The terms defined in MS 246 Volunteer/Trainee Sexual Misconduct shall have the same meanings when used in these Procedures. For purposes of these Procedures, the definitions below are in addition to those terms defined in MS 246.

(a) Appropriate Disciplinary Action means, upon a finding that a Responding V/T has engaged in Sexual Misconduct and thereby violated MS 246, the Appropriate Disciplinary Action is administrative separation per MS 284. A lesser disciplinary action may be imposed in some cases, pursuant to section 8.4 of these Procedures.

(b) Responding Volunteer/Trainee (V/T) means, or refers to, the V/T who has been identified (either by the Reporting Volunteer or a third party) as having perpetrated Sexual Misconduct.

(c) Complaint means an allegation of Sexual Misconduct brought by a current or former V/T, against a currently serving V/T. The complaint can be oral or written and must be made to a Peace Corps staff member.

(1) Although these Procedures for Handling Complaints of Volunteer/Trainee Sexual Misconduct only apply to Complaints brought against currently serving V/T, a RPCV can report having experienced a sexual assault by a former V/T and be eligible for services outlined in MS 243 and the Country Director of the post where it is reported to have occurred shall complete Attachment J of MS 284.

(d) Days mean calendar days. Any deadlines for action specified in these Procedures may be extended at the Review Panel’s discretion.

(e) Process Manager is the Peace Corps’ Associate General Counsel covering the SAPR Office, who is assigned to monitor the procedural status of the sexual misconduct complaint and the administrative disciplinary process (if applicable). The SAPR Associate General Counsel may delegate this task to other members of the Office of General Counsel (OGC).

(f) Resource Person for Responding Volunteer/Trainee refers to the Peace Corps contractor who offers the Responding V/T information, limited to procedural issues, throughout the process represented in these Procedures, as requested by the Responding V/T. This individual is not an advocate and their conversations with the Responding V/T are not confidential.

(g) Review Panel means a group of three members who are responsible for reviewing and responding to Complaints of V/T Sexual Misconduct. The review panel must consist of three Peace Corps staff members, one member from the Office of Safety and Security (OSS), one member from the Office of Global Operations (OGO), and an Associate General Counsel from the OGC.

(1) Peace Corps Staff Members- The Regional Director for the Region where the incident occurred, Associate Director for Safety and Security, and General Counsel shall each select one Review Panel member from a group of specially trained Peace Corps headquarters staff who hold eligible positions. Peace Corps employees who are eligible to serve on the panel include Chiefs of Operations (OGO), Regional Security Advisors (OGO), Designated Security Specialists (OSS), Associate General Counsel attorneys.

(2) Neutral Review Panel- The members of the Review Panel must be neutral and cannot have had any involvement in the complaint, including advising Peace Corps staff or volunteers about the incident for which they will serve on the Review Panel.

(h) Reporting Volunteer/Trainee: Refers to the V/T who has been identified (either by the Volunteer or a third party) as being the target of Sexual Misconduct by another V/T.

Roles and Responsibilities Country Director The Country Director (CD) is responsible for the following:

(a) Ensuring, upon receipt of any allegation of Sexual Misconduct, that Post staff follow the policy and procedures of MS 243 Responding to Sexual Assault (if applicable) and consult with the Office of the General Counsel (OGC) for guidance regarding these Procedures.

(b) Convening, as soon as practicable after receiving the allegation, an initial meeting with the Reporting V/T while providing the Reporting V/T with a general explanation of MS 246 policy and these Procedures. During the initial meeting with the Reporting Volunteer the CD shall:

(1) Inform the Reporting V/T that the Reporting V/T does not have to participate in the administrative resolution of the Complaint, but may do so if they wish;

(2) Review MS 246 Attachment A – Limited Waiver of Confidentiality with the Reporting V/T;

(3) Determine how the Reporting V/T wishes to proceed, including whether the Reporting V/T wishes to participate in the administrative resolution of the Complaint in accordance with these Procedures, and whether the Reporting V/T wishes to sign MS 246 Attachment A – Limited Waiver of Confidentiality;

(4) Give the Reporting V/T an opportunity to consult with a representative of the Office of Victim Advocacy (OVA), before the Reporting V/T decides whether to participate in the administrative resolution of the Complaint or sign MS 246- Attachment A – Limited Waiver of Confidentiality;

(5) Inform the Reporting V/T that the identity of the Reporting V/T and information regarding the Complaint will be disclosed to the Office of the Inspector General (OIG) and Peace Corps staff who have a specific need to know to carry out their responsibilities under these Procedures. This information is shared regardless of the Reporting V/T’s wishes to participate in the administrative resolution of the Complaint or requests that the Complaint remain confidential; and

(6) Provide the Reporting V/T with the contact information for OIG and inform the Reporting V/T that they may contact OIG directly. The CD should also inform the Reporting V/T that OIG may be unable to share certain information with the Peace Corps, but that the agency will continue to follow these Procedures to the extent possible based on the information it has.

(c) Meeting with the Responding V/T, preferably in person, following consultation with OIG, OGC, OSS, and the appropriate Regional Director. During that meeting or conversation, the CD shall:

(1) Provide the Responding V/T with a general explanation of MS 246 and these Procedures;

(2) Inform the Responding V/T that they are the subject of a Sexual Misconduct Complaint brought by another V/T;

(3) Advise the Responding V/T that they may, if needed, seek mental health services from the Behavioral Health and Outreach Unit (BHO) in the Office of Health Services (OHS);

(4) Inform the Responding V/T that the Peace Corps will provide them a Resource Person to help them navigate MS 246 and these Procedures and give them the Resource Person’s contact information, including their name, phone number, and email address; and

(5) Inform the Responding V/T that they may resign at any time, in accordance with section 6.2 below.

(d) Seeking to generally maintain a neutral advisory role with respect to the Reporting and Responding V/Ts. To that end, the CD shall not solicit any facts or arguments regarding the Complaint from the Responding or Reporting V/T. The CD shall forward questions from the Reporting and Responding V/Ts to the following individuals:

(1) Reporting V/Ts requests for information, or updates about the sexual misconduct disciplinary process, should be forwarded to OVA;

(2) Responding to V/T’s requests for updates or information about the sexual misconduct disciplinary process, should be forwarded to the Resource Person;

(3) If the information requests are not clear, the CD must consult with the Process Manager in the OGC or the Designated Security Specialist assigned to the matter; and

(4) The CD shall forward the requests outlined above to the appropriate Peace Corps staff member in a timely manner.

(e) Considering and implementing interim measures in accordance with section 5.0, as appropriate.

(f) Nothing in these Procedures precludes a CD from taking disciplinary action against a Responding V/T for misconduct other than Sexual Misconduct.

Office of Victim Advocacy The Office of Victim Advocacy is responsible for the following:

(a) Offering Reporting V/Ts information and support throughout the process represented in these Procedures, as requested by the Reporting V/T;

(b) Serving as the Reporting V/T’s advocate, which includes answering any procedural questions, requests for information, or updates about this process, and reviewing any materials sent to them by the Review Panel or others, upon the Reporting V/T’s request; and

(c) Participating in the development and delivery of training to Review Panel members, CDs, RDs, V/Ts and others who receive training pursuant to Manual Section 246 and these Procedures.

Resource Person for the Responding Volunteer/Trainee The Resource Person for the Responding V/T is responsible for the following:

(a) Confirm they do not have a conflict of interest by conducting a conflict check, which involves reviewing the names and dates of birth of the parties involved in the sexual misconduct matter, to ensure they do not have a personal or professional conflict of interest or connection to the reporting and/or responding V/T;

(b) Timely responses to the Responding V/T’s questions regarding procedural aspects of the sexual misconduct policy and procedures only;

(c) Inform the Responding V/T that they are not an advocate and that their conversations with the Responding V/T are not confidential;

(d) Ensuring they do not reveal any non-procedural information, including providing an opinion about the outcome or merit of the complaint to any V/T; and

(e) Alerting the Peace Corps staff, by calling the Designated Security Specialist Duty Phone, if they have reason to believe any V/T’s health or safety is in danger.

The Resource Person shall have no access to OIG investigative products or information for any reason.

Office of the General Counsel The Sexual Assault Prevention and Response Associate General Counsel, in the Office of the General Counsel, is responsible for the following:

(a) Serving as the Process Manager or assigning a designee to monitor the procedural status of the sexual misconduct complaint and the administrative disciplinary process (if applicable);

(b) Providing advice and guidance to Review Panel members, CDs, RDs, Victim Advocates, Resource Person for Responding V/Ts, and other Peace Corps staff on the interpretation and implementation of MS 246 Volunteer/Trainee Sexual Misconduct and these Procedures;

(c) Receiving investigative products and coordinating further distribution with OIG to the appropriate offices and the Review Panel members, if applicable;

(d) Reviewing written materials and correspondence by the Review Panel and the Regional Director, including memos required in sections 7.5, 8.2 and 8.3;

(e) Assisting in the development of training, as indicated in sections 6.1(b) and 7.2; and

(f) Assist in the development of explanatory handouts, which shall be shared with the OIG for reference, for the Reporting V/T and Responding V/T to have a better understanding of MS 246 and these Procedures.

The General Counsel of the Office of General Counsel is responsible for selecting an Associate General Counsel to serve as a member of the Review Panel, as described in Section 2.0 (f).

Office of Sexual Assault Prevention and Response The Office of Sexual Assault Prevention and Response is responsible for coordinating the development and delivery of adult-education trainings, as indicated in sections 6.1(b) and 7.2 through the use of external contractors or internal training administrators from other offices.

Office of Safety and Security The Office of Safety and Security (OSS) is responsible for the following:

(a) Designating OSS staff or contractors who may conduct administrative investigations of Sexual Misconduct and ensuring that those personnel receive the training required under section 6.1(b);

(b) Facilitating the travel and procurement of investigation tools for OSS investigators, as needed; and

(c) Conducting safety assessments pursuant to MS 270 Volunteer/Trainee Safety and Security and applicable Safety and Security Instructions and communicating the results of the safety assessments to the Review Panel members and Country Director, as appropriate.

Office of Inspector General The Office of Inspector General (OIG), in addition to the roles and responsibilities contained in MS 861 Office of Inspector General, is responsible for the following:

(a) Receiving referrals of Sexual Misconduct Complaints from Country Directors and responding to those referrals;

(b) Providing the agency with investigative products, as appropriate; and

(c) Engaging in open communication with the agency regarding the status of its investigations and the anticipated timeline for completing the investigation.

Regional Director The Regional Director is responsible for the following:

(a) Convening the Review Panel in accordance with section 6.4; and

(b) Upon receipt of the Review Panel’s recommendation(s), drafting and issuing a final decision after reviewing the Complaint.

Referral to the Office of Inspector General

(a) If the Reporting V/T wishes to participate in the administrative resolution of the Complaint, the CD shall request that the Reporting V/T sign Attachment A – Limited Waiver of Confidentiality accompanying these procedures.

(b) The CD shall determine from the Reporting V/T the (i) name of the Responding V/T and (ii) the date, location, and general nature of the Sexual Misconduct (if the Reporting V/T has not already provided such information). The CD shall promptly do the following:

(1) Provide the name and contact information (including telephone number and email address) of the Reporting V/T, name of the Responding V/T, and date, location, and general nature of the Sexual Misconduct to the OIG;

(2) Notify OIG of the Reporting V/T’s wishes regarding participation in the administrative resolution of the Complaint; and

(3) Request, if appropriate, OIG to investigate the Complaint.

(c) Nothing in these procedures precludes OIG from investigating a Complaint of Sexual Misconduct, including Standard Reports of sexual assault, on its own initiative.

Interim Measures Purpose and Nature

(a) The Country Director shall take prompt and effective interim measures, as are reasonably practicable under the circumstances, to protect the privacy and safety of the Reporting V/T, Responding V/T, and other V/Ts and ensure that the Reporting V/T, Responding V/T, and any other V/Ts are not subject to retaliation.

(b) When deciding on interim measures, the Country Director shall consult with the RD, OVA, OSS, BHO, and OGC, while considering any request by the Reporting V/T to maintain the confidentiality of the Complaint.

(c) Aside from measures taken to address imminent health and/or safety issues, the CD must notify OIG in advance of any interim measures to facilitate OIG investigative efforts, if applicable. In cases of imminent health and/or safety issues, the CD must notify OIG as soon as practicable thereafter.

(d) Subject to section 5.1(d) below, interim measures may include, but are not limited to, the following:

(1) Reasonable measures to physically separate the Reporting and Responding V/Ts, such as through changes in the site, work assignment, or the housing arrangements of the Reporting and Responding V/T; and

(2) Issuing a “no contact” order under which the Responding V/T is required to stay away from the Reporting V/T and refrain from having any form of contact with the Reporting V/T, directly or indirectly through proxies (or third parties), whether in person, in writing, or via electronic means.

(3) If necessary, to ensure the safety of the Reporting and Responding V/Ts, the CD can also issue a “no contact” order for the Reporting V/T to not contact and stay away from the Responding V/T.

(4) A no contact order is a document issued by the CD, with guidance from the SAPR Associate General Counsel, that is issued to manage the behavior of either the Reporting V/T or Responding V/T. The goal of a no contact order is to ensure the safety, continued training, and service activities of the V/Ts at post.

(e) When taking interim measures, the CD shall make every reasonable effort to avoid changes to the Reporting V/T’s site, work assignment, or housing arrangements. The CD shall inform the Reporting and Responding V/Ts of any interim measures taken.

(f) Any V/T who is found to have violated a “no contact” order, or other directive imposed by the CD under these procedures, may be subject to disciplinary action up to and including administrative separation. The CD may undertake such disciplinary action in accordance with these Procedures and MS 284 Early Termination of Service, without referring the Complaint to the Review Panel.

Option of Administrative Hold To protect the privacy, safety, and well-being of the Reporting V/T, Responding V/T, or other V/Ts or to ensure that the Reporting V/T, Responding V/T, or any other V/T are not subject to retaliation, the CD may request that the RD authorize that the Responding V/T be placed on administrative hold and sent back to the home of record, pursuant to section 8.2 of MS 220 Leave for Volunteers/Trainees, pending resolution of the Complaint.

Investigation and Referral to Review Panel Investigation

(a) Following a request by the CD to OIG pursuant to section 4.0(b)(3), OIG will review the information provided by the CD and promptly notify the CD of its decision to pursue a review of the complaint.

(b) OIG will endeavor to respond to the referral within 48 hours (excluding weekends and holidays). If OIG notifies the CD that it has decided not to investigate the Complaint, the CD shall request that OSS arrange for an investigation of the Complaint to be carried out. In that case, any references in these Procedures to an investigation by OIG shall instead refer to the investigation arranged by OSS.

(1) The Associate Director for the OSS will ensure that any OSS staff or contractors who undertake an administrative investigation, pursuant to this subsection, have received appropriate training in administrative investigations of Sexual Misconduct.

(2) Any OSS staff or contractors who undertake an investigation, pursuant to this subsection, may not be on the Review Panel for any matter which they investigated.

(c) OIG shall determine the nature and scope of its investigation based on the facts of the case as they develop.

(d) If, during the investigation, the Responding V/T admits to the essential elements of Sexual Misconduct, OIG may immediately notify the CD and, if possible, provide the corresponding interview summary, recording, transcript, or any other evidence that OIG determines is feasible, to substantiate the admission to the CD.

(1) CD may consult with OGC about information they receive from OIG and ask additional questions after the initial notification.

(2) The CD or SAPR Attorney will notify OSS, Region, and OVA. Then, the CD may take disciplinary action, without referring to the Complaint to the Review Panel, in accordance with these Procedures and MS 284 Early Termination of Service. Pursuant to MS 284, the CD must consult with OGC and Region before taking any disciplinary action.

(e) During or after the investigation, OIG may provide OGC with its investigative products, such as:

(1) Audio recordings of interviews with relevant witnesses, including the Reporting and Responding V/T;

(2) Transcripts of interviews with relevant witnesses, including the Reporting and Responding V/T;

(3) Memoranda of Interviews (MOI) concerning interviews with relevant witnesses, including the Reporting and Responding V/T;

(4) Photographs, videos, or audio files;

(5) Summary of forensic evidence; and

(6) Copies of relevant electronic communications.

(f) If OIG sends investigative products to any Peace Corps staff or office other than OGC, the recipient should immediately forward the materials to OGC.

(g) During the investigation, OIG and the agency should engage in open and frequent communication regarding the status of the investigation and should work together to ensure that the process is efficient, fair, trauma-informed, and is otherwise consistent with Peace Corps’ policies.

Resignation by Responding Volunteer/Trainee

(a) If the Responding V/T resigns as described in Section (B) and (C) below, then the Complaint is considered closed for the purposes of these procedures.

(b) If the Responding V/T resigns under the circumstances listed below, then they will be able to resign pursuant to Sections 2.1 or 2.2 of MS 284 Early Termination of Service and the CD shall comply with Section 6.0 of MS 284 and complete MS 284 Attachment J- Volunteers/Trainees Who Early Terminate of Close Service Pending Investigation or Inquiry:

(1) Before being presented with a memo as outlined in MS 246 Attachment B – Sample Memo to the Responding Volunteer/Trainee;

(2) Before being notified by Peace Corps and/or OIG staff of the Sexual Misconduct Complaint;

(3) Following a withdrawal of the Complaint; or

(4) Following a final determination which concludes that there has not been a violation of MS 246 Volunteer/Trainee Sexual Misconduct.

(c) If the Responding V/T resigns under any of the circumstances listed below, the resignation shall be considered a resignation in lieu of administrative separation as described in Section 4.0 of MS 284:

(1) After the Review Panel presents them with the memo outlined in MS 246 Attachment B- Sample Memo to the Responding Volunteer, which shall be considered a “Consideration of Administrative Separation Memo” for purposes of the Administrative Separation Process described in Section 4.0 of MS 284, the Responding V/T has at least ten days to exercise the option to resign in Lieu of administration separation.

Criminal Prosecution

(a) If OIG notifies OGC that the Department of Justice is moving forward with a criminal prosecution in the United States, the Responding V/T shall, after consultation between the CD and OIG, be separated from service, with the opportunity to “resign in lieu of administrative separation”, as specified in MS 284 Early Termination of Service.

(b) Nothing in these procedures prevents OIG, or other relevant authorities, from using information obtained by OIG during its investigation of a Complaint for purposes of a criminal prosecution.

Referral to Review Panel

(a) To refer a matter to a Review Panel, the CD, or designee, shall notify the RD of the need for a Review Panel and the RD will convene a Review Panel.

(b) Except as described in section 6.4(d), the CD, in consultation with OGC, shall promptly refer the Complaint to a Review Panel (via the RD) for resolution once OIG notifies OGC that:

(1) the Responding V/T has denied one or more of the essential elements of Sexual Misconduct;

(2) the relevant law enforcement authorities do not object to the agency moving forward with an administrative proceeding; and

(3) it has completed interviews with the relevant witnesses, including the Reporting V/T (if applicable) and the Responding V/T.

(c) The CD should not wait for receipt of an OIG Report of Investigation before notifying the RD to convene a Review Panel. The agency may ask OIG to notify OGC of the matters outlined in section 6.4(b) before a report of investigation is completed.

(d) In cases where the Reporting V/T does not wish to participate in the administrative resolution of the Complaint, the RD and CD should respect the wishes of the Reporting V/T and not refer the Complaint to the Review Panel. In such cases, the CD should document the circumstances in SIMS.

Under such cases, the CD, in consultation with OGC, OSS, OVA, the Region, and OIG may still ask the RD to convene a Review Panel if:

(1) There have been other allegations of Sexual Misconduct against the Responding V/T, even if the allegations have not been formally made under MS 246 Volunteer/Trainee Sexual Misconduct;

(2) The Sexual Misconduct alleged presents a potential serious or imminent threat against the Reporting V/T or other V/Ts;

(3) The Sexual Misconduct alleged involves the use of a weapon or use of force; or

(4) It is determined to be in the best interest of the Peace Corps.

Review Panel Role and Voting

(a) The Review Panel is empowered to review Sexual Misconduct allegations and advise on disciplinary action for a finding of Sexual Misconduct as defined in the Office of Safety and Security Incident Reporting Guide (SIRG) and MS 246 Volunteer/Trainee Sexual Misconduct.

(b) During all stages of handling the Complaint, the Review Panel members shall act as neutral factfinders and refer the Review Panel’s findings of fact and recommendations to the RD, as outlined in these Procedures.

(c) In some circumstances, making findings of fact may require the Review Panel to assess the credibility of witnesses, the Responding V/T, or the Reporting V/T.

(d) The Review Panel shall act by majority vote.

Training

(a) All Review Panel members must receive specialized training in the handling of Complaints of Sexual Misconduct, sexual assault awareness, and sensitivity to the privacy of all parties. The training should also provide tools for panelists to engage in neutral fact-finding and be trauma informed.

(b) Training of Review Panel members shall be coordinated by the Office of Sexual Assault Prevention and Response (OSAPR) in coordination with OGC, OVA, and other relevant offices. SAPR will ensure the specialized training includes current promising practices in the field of sexual misconduct administrative adjudications.

(c) Review Panel members must receive this training when they are designated to serve as potential panelists for future cases and take a refresher training when a new case arises.

Composition and Conflicts of Interest

(a) Within five (5) days of the referral from a CD, the RD should convene a Review Panel, consisting of at least one eligible staff member from OSS, OGO, and OGC, who have received the appropriate training described in section 7.2.

(b) In order to avoid a conflict of interest or the appearance of a conflict of interest, the Review Panel shall consist of staff that have not been directly involved in the particular case or involved directly or indirectly in the agency’s response to the Reporting or Responding V/T, prior to the matter’s investigation, review, and determination pursuant to these Procedures.

(c) The Regional Director can substitute trained Review Panel members in the event of unexpected unavailability of a Review Panel member.

Review of the Complaint

(a) Once they are received, OGC will send all investigative products to the Review Panel members.

(b) The Review Panel shall begin to review the Complaint once it has received the investigative products. At a minimum, it should have transcripts, recordings, or summaries of interviews with the Reporting V/T (if participating), Responding V/T, and any material witnesses. Material witnesses are individuals whose account or knowledge is likely to be sufficiently important to influence the outcome of the review.

(1) OGC will advise the Review Panel on whether the materials received are sufficient to begin the panel’s review of the Complaint.

(2) OGC will notify OIG before the agency takes administrative action.

(c) In some cases, the Peace Corps may wish to proceed with administrative resolution even though the Review Panel has not received some, or all, of the investigative products listed in section 7.4(b). In those cases, the Review Panel may rely exclusively on SIMS reports, threat assessments, or other relevant information to assess the appropriate outcome.

(1) Examples of such cases include those in which (i) the Reporting V/T has elected not to participate in the resolution of the Complaint, (ii) the Reporting V/T has withdrawn from the matter, or (iii) OIG undertook an investigation, but has not provided the agency with investigative products in a timely fashion.

(2) The Peace Corps will consult with OIG prior to proceeding with an administrative resolution in such cases.

Communication with the Reporting and Responding Volunteer/Trainee V/Ts who provide written or other information to the Review Panel, whether as parties to the proceedings or as witnesses, are required to provide truthful information. Any V/T who is found to have intentionally provided false information may be subject to disciplinary action up to and including administrative separation.

(a) Within five days of commencing the review of the Complaint, the Review Panel shall contact the Responding V/T in order to inform the Responding V/T of the administrative review and solicit the Responding V/T’s written response and additional evidence. The Review Panel may use MS 246 Attachment B – Sample Memo to the Responding Volunteer/Trainee as a template, but the memo from the Review Panel to the Responding V/T must do the following:

(1) Be sent to the Responding V/T via the CD by e-mail, with an acknowledgement of receipt from the Responding V/T (in addition, the memo can be read to the Responding V/T over the phone or given in- person);

(2) Inform the Responding V/T that the Responding V/T is the subject of a Complaint of Sexual Misconduct;

(3) Advise the Responding V/T that a Complaint of Sexual Misconduct, if substantiated, may result in disciplinary action against the Responding V/T, up to and including administrative separation;

(4) Advise the Responding V/T of the nature of the Complaint, including:

(i) The name of the Reporting V/T;

(ii) The date or range of dates in which the sexual misconduct was alleged to occur;

(iii) A summary of the facts alleged by the Reporting V/T; and

(iv) The type of sexual misconduct that is being alleged (e.g., Non-Aggravated Sexual Assault), as well as the essential elements of that type of sexual misconduct.

(5) Provide a minimum of ten Days for the Responding V/T to respond to the Complaint, which may include:

(i) An invitation to submit a narrative statement;

(ii) An opportunity for the Responding V/T to identify any additional witnesses or supply the Review Panel with witness statements;

(iii) Specific questions that the Review Panel wishes to pose to the Responding V/T that have not been addressed by the OIG or OSS investigation of the Complaint;

(iv) Advise the Responding V/T that the Responding V/T is not required to submit any response, but that any response or materials provided will be considered by the agency in making its findings of fact and assessment of Appropriate Disciplinary Action; and

(v) The option to resign in lieu of Administrative Separation before the RD issues a final disciplinary action.

(b) The Responding V/T has the option not to provide any substantive response to the Complaint, and the Review Panel shall inform the Responding V/T that any statement made by the Responding V/T may subsequently be referred to the OIG and used in a criminal prosecution. If the Responding V/T elects not to submit a response, the Review Panel shall not be precluded from proceeding with the review and determining the Complaint on the basis of the other available information.

(c) If the Reporting V/T has elected to participate in the administrative resolution of the Complaint, the Review Panel shall contact the Reporting V/T within five (5) days of commencing the review of the Complaint. This communication is meant to inform the Reporting V/T of the administrative review and solicit additional relevant information from the Reporting V/T, if needed. The communication from the Review Panel to the Reporting V/T must:

(1) Be sent to the Reporting V/T via the CD through e-mail, with acknowledgement of receipt (in addition, the communication can be read to the Reporting V/T over the phone or provided in-person);

(2) Inform the Reporting V/T that the Review Panel is evaluating the Reporting V/T’s Complaint of Sexual Misconduct and evaluating any evidence and documents obtained through the OIG or OSS investigation of the Complaint;

(3) Provide a summary of the facts presented to the Review Panel from the investigation, including relevant witnesses, witness statements, and statements made by the Responding V/T;

(4) Advise the Reporting V/T that the Review Panel’s role and general process;

(5) Provide the Reporting V/T with a copy of MS 246 Volunteer/Trainee Sexual Misconduct and these Procedures;

(6) Solicit the Reporting V/T’s input regarding the Complaint. In appropriate cases, the Review Panel may do so through a Victim Advocate in OVA which may include:

(i) An invitation to submit a narrative statement;

(ii) An opportunity for the Reporting V/T to identify any additional witnesses or supply the Review Panel with witness statements;

(iii) Specific questions that the Review Panel wishes to pose to the Reporting V/T that have not been addressed by the OIG or OSS investigation; and

(iv) An opportunity to provide a Victim impact statement, explaining how the incident may have affected the Reporting V/T and their service, and how the Reporting V/T would like to see the matter resolved, if substantiated.

(d) The Reporting V/T has the option not to provide any input or a response to the Review Panel. If the Reporting V/T elects not to submit any input or a response, the Review Panel shall not be precluded from proceeding with the review and determining the Complaint based on other available information.

(e) After the Responding V/T responds to the Review Panel’s invitation to provide additional evidence or statement, as referenced in Section 7.5(a), the Reporting V/T shall receive a copy of the Responding V/Ts response, and any additional evidence presented to the Review Panel. The Reporting V/T shall have a minimum of ten (10) days to respond to the Responding V/T’s response and rebut or present any additional evidence for the Review Panel to consider.

(1) The summary of the facts must not include private medical information or private images of any individual, including the Reporting V/T, Responding V/T, or another V/T. This includes images of V/T’s bodies, medical assessments, and/or reports.

(f) Either party can make a request to the Review Panel for additional time to respond to the summary of the facts provided by the Review Panel if ten (10) days are not sufficient. The Review Panel should grant the request if they find good cause to do so.

Evidence Considered by the Review Panel

(a) The Review Panel will not (i) hold a hearing or trial, (ii) follow a courtroom model, or (iii) observe formal rules of evidence.

(b) To ensure sound and consistent decisions, the Review Panel must disregard certain types of information or evidence (see below in section 7.6(b)(1)-(5)), even if such information or evidence is contained in the OIG materials or submissions of the Responding V/T, Reporting V/T, or witnesses. The following information or evidence may not be relied upon by the Review Panel in making findings of fact or disciplinary recommendations below as follows:

(1) Irrelevant Information or Evidence – Irrelevant information or evidence may have nothing to do with the Complaint and, if so, does not make a fact more or less important. A fact is irrelevant when it does not help the Review Panel make a determination on the Complaint.

(2) Evidence of Past Sexual History – Information or evidence of the Reporting V/T’s past sexual history shall not be considered in the Review Panel’s consideration of the Complaint, except for the following instances:

(i) evidence of specific instances of sexual behavior by the Reporting V/T that is offered to prove that a person other than the Responding V/T was the source of semen, injury, or other physical evidence;

(ii) evidence of specific instances of sexual behavior between the Reporting V/T and Responding V/T that is offered by the Responding V/T to prove Consent; or

(iii) evidence of specific instances of sexual behavior between the Reporting V/T and Responding V/T that is offered by the Reporting V/T.

Before considering any such evidence, the Review Panel must determine that it is relevant to the Complaint and that its probative value outweighs the danger of unfair prejudice to any party.

(3) Polygraph Tests – Polygraph test results or the fact that a polygraph was administered;

(4) Character Evidence or Evidence of Reputation – Character evidence or evidence of reputation (unless that evidence has to do with the truthfulness of the Responding V/T, the Reporting V/T, or a witness);

(5) Evidence or Questions Not Consistent with Best Practices – Evidence or questions that are not consistent with best practices in the field of sexual assault.

(c) The Review Panel may seek advice and guidance from OGC, including the Process Manager, throughout the process.

(d) As appropriate, the Review Panel should seek information and input from the CD and keep the CD informed of its actions throughout the process.

Legal and Other Representation At their own expense, both the Reporting V/T and Responding V/T may have advisors, including legal counsel, to support and assist them during the investigation and Review Panel process. However, the Review Panel may not communicate with such advisors about the matter and shall not accept any communication from such advisors when making a determination on the Complaint.

Decision on the Complaint Standard of Proof For any Complaint of Sexual Misconduct, the Review Panel shall evaluate evidence of Sexual Misconduct under a “preponderance of the evidence” standard. This standard is satisfied if the Review Panel finds, based upon a careful review of all information presented, that it is more likely than not that the Responding V/T engaged in Sexual Misconduct.

Review Panel’s Memo to the Regional Director The Review Panel shall issue a memo to the Regional Director within fifteen Days of receiving the last material(s) upon which it relied. A template is included in Attachment C – Review Panel’s Recommendation Report.

(a) The Review Panel’s memo shall include a detailed analysis of the events in question, the evidence reviewed, and a description of the factors that the Review Panel took into consideration when reaching its findings of fact.

(b) The Review Panel’s memo shall contain its findings regarding whether the Responding V/T engaged in Sexual Misconduct.

(c) If the Review Panel finds a violation of MS 246 Volunteer/Trainee Sexual Misconduct, the Review Panel’s memo shall also contain its recommendation for Appropriate Disciplinary Action, see section 8.4 below.

Decision by Regional Director

(a) Within five Days of receipt of the Review Panel’s report, the RD shall issue a written decision in respect of the Complaint. The decision must include the following:

(1) Procedural background;

(2) Reasons for the decision; and

(3) Disciplinary action imposed, if applicable.

This decision may only be issued with OGC’s clearance. The Reporting V/T, Responding V/T and CD shall receive copies of the RD’s decision.

(b) The RD shall be bound by the Review Panel’s findings as to whether the Responding V/T engaged in Sexual Misconduct. However, if the RD is not satisfied with the Review Panel’s findings on those issues, the RD may request in writing that the OIG or Review Panel carry out additional fact-finding or deliberations while providing reasoning and justification for that request.

(c) The RD shall be bound by the Review Panel’s recommendation of Appropriate Disciplinary Action, unless the Review Panel invokes the exception noted in section 8.4(c). In such cases, the RD may do the following:

(1) Accept the Review Panel’s recommendation;

(2) Ask the Review Panel to provide a more detailed explanation for the exception; or

(3) Impose Appropriate Disciplinary Action.

(d) If the Responding V/T is found to have engaged in Sexual Misconduct, the Responding V/T will not be given an opportunity under Section 4.0 of MS 284 Early Termination of Service to resign in lieu of administrative separation or to resign under Section 2.0 of MS 284.

Disciplinary Action

(a) If the Review Panel finds under the preponderance of the evidence standard that the Responding V/T engaged in Sexual Misconduct, the Review Panel shall recommend Appropriate Disciplinary Action in respect to the Responding V/T. Appropriate Disciplinary Action for any Sexual Misconduct is generally administrative separation.

(b) In cases where there has been a finding of Rape, Aggravated Sexual Assault, or Sexual Exploitation, the Appropriate Disciplinary Action is always administrative separation. In cases where there has been a finding of Stalking or Non-Aggravated Sexual Assault, the Review Panel may choose to recommend a disciplinary action other than administrative separation, when extraordinary circumstances are present.

(c) In determining whether extraordinary circumstances warrant a disciplinary action other than administrative separation, the Review Panel and Regional Director must consider all of the factors below as follows:

(1) the nature and severity of the Sexual Misconduct violation in question,

(2) the wishes of the Reporting V/T,

(3) whether the disciplinary action will bring an end to the violation in question,

(4) whether the disciplinary action would reasonably prevent a recurrence of a similar violation by the Responding V/T, and

(5) whether the disciplinary action would remedy the effects of the violation on the Reporting V/T and the program and operations of the Peace Corps.

(d) In determining whether extraordinary circumstances exist, the Review Panel and the Regional Director may not consider the character, performance, or general service history of any V/T engaged in the process.

(e) If extraordinary circumstances warrant the imposition of disciplinary action other than administrative separation, the Regional Director must give an explanation of those circumstances in the Regional Director’s decision. The detailed explanation must include an analysis of each criterion set forth in section 8.4(c). In such cases, the disciplinary action must include, at a minimum, a Corrective Action Plan.

(f) The agency shall notify the OIG upon the conclusion of the matter, including a record of all disciplinary action and disposition changes.

Confidentiality of Records and Information

(a) Peace Corps staff shall maintain the confidentiality of any information received by them regarding any Complaint of Sexual Misconduct and shall not disclose any such information to any person either within or outside of the Peace Corps, unless expressly authorized to do so by these Procedures or MS 243 Responding to Sexual Assault, unless required to do so by the Privacy Act or other applicable law, or unless it is necessary to do so in connection with Congressional oversight or judicial or law enforcement proceedings.

(b) All documents, files, and other records regarding any Complaint of Sexual Misconduct (including any recording or transcript of any hearing conducted under these Procedures) shall be contained in a separate Privacy Act system of records maintained by OGC and shall be handled in accordance with the Privacy Act. Except as expressly provided in these Procedures, MS 243 Responding to Sexual Assault, required by the Privacy Act, or other applicable law, no such documents, files, or other records shall be disclosed to any person either within or outside of the Peace Corps.

(c) If the Peace Corps is required by the Privacy Act or other applicable law to disclose any such document, file, or other record to any party pertaining to the Complaint or to any person outside of the Peace Corps, all private information regarding the Reporting V/T, Responding V/T, and any witnesses (e.g. including, but not limited to, dates of birth, social security numbers, telephone numbers, email addresses and physical addresses) shall, to the extent permitted by applicable law, be redacted from such document, file, or other record prior to such disclosure.

(d) Notwithstanding section 9.0(b) above, any resignation in lieu of administrative separation pursuant to section 6.2 and any final decision that the Responding V/T has been found to have engaged in Sexual Misconduct shall also be placed in the Service File of the Responding V/T, consistent with guidelines in MS 284 Early Termination of Service.

Peace Corps | MS 246 Procedures for Handling Complaints of Volunteer/Trainee Sexual Misconduct Page 16