Attachment 5 - PWS Attachment 1 Peace Corps MS-243-Procedures.pdf

EFFECTIVE DATE: December 30, 2021

RESPONSIBLE OFFICE: OFFICE OF SEXUAL ASSAULT PREVENTION AND RESPONSE (OSAPR);

OFFICE OF SAFETY AND SECURITY (OSS); OFFICE OF GLOBAL OPERATIONS (OGO); OFFICE OF

VICTIM ADVOCACY (OVA); OFFICE OF HEALTH SERVICES (OHS); OFFICE OF THE GENERAL

COUNSEL (OGC)

SUPERSEDES: 02/04/2021; 04/05/2018; 11/ 01/2016; 09/01/2013

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Table of Contents

1.0 INTRODUCTION

1.1 Related Policies and Guidelines

1.2 Peace Corps Commitments to Sexual Assault Victims

1.3 Guiding Principles for Supporting Victims of Sexual Assault

1.4 Peace Corps Sexual Assault Classifications

1.5 Definitions

1.6 Sexual Assault Notification Flow Chart

1.7 Confidentiality

1.8 Third Party Reporting

1.8.1 Third Party Notification Flowchart

1.9 A Step-By-Step Guide to Handling the Initial Call

2.0 RESTRICTED REPORTING

2.1 Peace Corps Medical Officer (PCMO)

2.1.1 Immediate Response Phase (0-24 hours after report)

2.1.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.2 Safety and Security Manager (SSM)

2.2.1 Immediate Response Phase (0-24 hours after report)

2.2.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.3 Sexual Assault Response Liaison (SARL)

2.3.1 Immediate Response Phase (0-24 hours after report)

2.3.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.4 Victim Advocate

2.4.1 Immediate Response Phase (0-24 hours after report)

2.4.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.5 Designated Security Specialist (DSS)

2.5.1 Immediate Response Phase (0-24 hours after report)

2.5.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.6 International Health Coordinator (IHC)

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2.6.1 Immediate Response Phase (0-24 hours after report)

2.6.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.7 Peace Corps Safety and Security Officer (PCSSO)

2.7.1 Immediate Response Phase (0-24 hours after report)

2.7.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.8 Country Director (CD)

2.8.1 Immediate Response Phase (0-24 hours after report)

2.8.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

2.9 OGC Sexual Assault Attorney or Regional Attorney

3.0 STANDARD REPORTING

3.1 Peace Corps Medical Officer (PCMO)

3.1.1 Immediate Response Phase (0-24 hours after report)

3.1.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.2 Safety and Security Manager (SSM)

3.2.1 Immediate Response Phase (0-24 hours after report)

3.2.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.3 Sexual Assault Response Liaison (SARL)

3.3.1 Immediate Response Phase (0-24 hours after report)

3.3.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.4 Victim Advocate

3.4.1 Immediate Response Phase (0-24 hours after report)

3.4.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.5 Designated Security Specialist (DSS)

3.5.1 Immediate Response Phase (0-24 hours after report)

3.5.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.6 International Health Coordinator (IHC)

3.6.1 Immediate Response Phase (0-24 hours after report)

3.6.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.7 Peace Corps Safety and Security Officer (PCSSO)

3.7.1 Immediate Response Phase (0-24 hours after report)

3.7.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

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3.8 Country Director (CD)

3.8.1 Immediate Response Phase (0-24 hours after report)

3.8.2 Continuing Support (24+ hours after report—based on Volunteer’s need)

3.9 OGC Sexual Assault and/or Regional Attorney

3.10 Regional Director (RD)

ANNEXES

Annex I: Services and Reporting Information for Volunteers; Volunteer Preference Form

Volunteer Preference Form

Services and Reporting Information for Volunteers

Annex II: Determining If There Is a Serious or Imminent Threat

Annex III: Serious or Imminent Threat Assessment Tool

Annex IV: Post Incident Assessment (PIA)

Annex V: Safety Plans

Annex VI: Safety Plan Conversation Guide

Annex VII: Sexual Assault Forensic Exams

Restricted Reports

Annex VIII: Instructions for Handling a Sexual Assault Kit (SAK)

Restricted Report

Standard Report

Annex IX: Authorization for OIG to Contact Volunteer

Annex X: Prosecutorial Options for Volunteers When the Alleged Perpetrators Are Other

Volunteers, Trainees, or Staff Members

Annex XI: Sharing of Information from Restricted Reports with OIG

Annex XII: Guidelines for Agency Conversion of Restricted Reports

Annex XIII: Guidelines for Response to RPCVs

Annex XIV: Post Case Management Review Meetings Standard Operating Procedures 130

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1.0 INTRODUCTION

Sexual assault1 is a traumatic event that can be physically and psychologically devastating.

When a Volunteer first reports a sexual assault there is a narrow window of opportunity in which

Peace Corps staff can provide the most critical medical, psychological, advocacy, and legal assistance to the Volunteer. It is our obligation to be prepared to respond effectively, compassionately, and in a victim centered and trauma-informed way to Volunteers who have been the victim of sexual assault.

Effective management of a sexual assault requires that we provide for the Volunteer’s security, medical, emotional and advocacy needs. Staff must be well-informed of the local laws and investigative practices regarding sexual assaults and be willing to advocate within the local systems on behalf of the Volunteer to help protect her2 rights.

The healthy recovery of a Volunteer in the aftermath of a sexual assault can depend on the combined efforts of Peace Corps staff. The actions outlined in these Procedures are the result of collaboration between the Office of Sexual Assault Prevention and Response (OSAPR), the

Office of Safety and Security (OSS), the Office of Victim Advocacy (OVA), the Office of

Health Services (OHS), the Behavioral Health and Outreach Unit (BHO), the Office of Global

Operations (OGO) and the Regions, and the Office of the General Counsel (OGC). This collaboration is designed to help Post provide a timely and effective response, especially in the first crucial hours after the assault is reported to the Peace Corps.

The Peace Corps believes it is best able to respond to Volunteers who have been sexually assaulted by applying the procedures outlined under Standard Reporting. Standard Reporting provides a Volunteer with the full array of support services and options while still maintaining, to the extent possible, the confidentiality of the Volunteer’s sexual assault. The agency recognizes that Volunteers may, for a variety of reasons, be reluctant or unwilling to report sexual assaults under Standard Peace Corps Reporting procedures. As a result, the Peace Corps developed Restricted Reporting policy and procedures to provide Volunteers with an alternative way to confidentially report sexual assaults. The Restricted Reporting policy allows Volunteers to request certain specific services without dissemination of information about the Volunteer or the sexual assault except as necessary for the provision of the services requested by the

Volunteer, and without automatically triggering an official investigative process. Database administrators, quality assurance staff, monitoring and evaluation staff, and trained support staff within medical and safety offices may have access to information, but only to the extent necessary for provision of services or to ensure quality of response. Peace Corps’ Office of the

1 The term “Sexual Assault” includes: Rape, Aggravated Sexual Assault, and Non-Aggravated Sexual Assault. See

Peace Corps Sexual Assault Classifications on page 8.

2 Peace Corps understands that people of all genders experience sexual assault and that people of all genders commit sexual assault. In an effort to be inclusive of multiple gender identities, we alternate between “he/him” and “she/her” pronouns in this policy. In the Introductory Materials and “Restricted Reporting” section, “she/her” is used to refer to

Volunteers, and in the “Standard Reporting” section, “he/him” is used. Peace Corps also understands that not every

Volunteer uses “he/him” or “she/her” pronouns. Reporting options and services as outlined in this policy are available to every Volunteer and are inclusive of all gender identities.

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Inspector General may access all Peace Corps records for evaluation and oversight purposes, including Restricted Reports of sexual assault.

A Volunteer has the option to make either a Restricted Report or a Standard Report. A

Volunteer’s report of sexual assault is treated as a Restricted Report until the Volunteer exercises the option to make it a Standard Report in accordance with these Procedures. A Volunteer may ask for their report to be changed from Restricted to Standard at any time. Under no circumstances may a Restricted Report be converted into a Standard Report without the consent of the Volunteer unless OGC, in conjunction with the DSS, has determined in accordance with these Procedures that an exception applies.

Certain staff members at Post have been designated to receive Restricted Reports. They are referred to in these Procedures as Designated Staff. Any staff member at Post who receives a report of sexual assault and who is not a member of the Designated Staff must refer the matter to the PCMO who will contact the Volunteer. Personally Identifying Information (PII) or any other information about the Volunteer must not be revealed to anyone other than Designated Staff.

If a Designated Staff member has a close personal, business, or familial relationship with the alleged perpetrator or any other individual involved in the incident other than the Volunteer who reported the sexual assault, that Designated Staff member must not participate in providing any

Restricted or Standard Report Services to the Volunteer and must report the conflict, based on the Designated Staff member’s position, as follows:

(a) A PCMO will notify OHS.

(b) An SSM or PCSSO will notify the Office of Safety and Security.

(c) A SARL will notify OVA.

(d) Any Headquarters-based Designated Staff will notify OGC.

A Designated Staff member at Post will also, without revealing any PII or details of the sexual assault, inform the Country Director (CD) of the conflict and ask the CD to assign another

Designated Staff member to provide the services requested by the Volunteer.

Allegations of sexual assault that are brought to Peace Corps’ attention by an individual other than the Volunteer victim (“third party”) have different procedures (see section on Third Party

Reporting).

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1.1 Related Policies and Guidelines

MS 243 Responding to Sexual Assault, is just one of the many policies and procedures that govern the Peace Corps’ response to sexual assault and other serious crimes against Volunteers and Trainees, hereinafter “Volunteers” (see definition in 1.5 of these Procedures). These policies, some of which are listed below, are interrelated, and in some cases multiple policies will apply to the same staff member or Volunteer. Therefore, Peace Corps staff should become familiar with the policies and refer to them when responding to a sexual assault against a Volunteer. OGC is available to answer any questions about the application or interpretation of Peace Corps policy.

(a) Available in the Peace Corps Manual:

(1) Interim Policy Statement (IPS) 1-12 Volunteer/Trainee Sexual Misconduct;

(2) Manual Section (MS) 240 Immunity From Disciplinary Action in Sexual Assault and

Stalking Incidents;

(3) MS 241 Anonymous Sexual Assault Hotline;

(4) MS 242 Stalking of a Volunteer;

(5) MS 244 Sexual Assault Response Liaisons;

(6) MS 245 Respite Leave;

(7) MS 264 Medical Evacuation;

(8) MS 271 Confidentiality Protection;

(9) MS 461 Crimes Against Volunteers and Trainees;

(10) MS 774 Retention of Counsel and Payment of Expenses; and

(11) MS 861 Office of Inspector General.

(b) Available through the Office of Health Services:

(1) TG 540 Clinical Management of Sexual Violence;

(2) TG 542 Sexual Assault Forensic Examination; and

(3) TG 545 Sexual Assault Mental Health Assessment and Care.

(c) Available through the Office of Safety and Security:

(1) SSI 101 Overseas Staff Safety and Security Training Guidelines;

(2) SSI 202 Response to Threatening Situations;

https://intranet.peacecorps.gov/pcmanual/Pages/default.aspx https://intranet.peacecorps.gov/Libraries/Medical%20Technical%20Guidelines/Forms/AllItems.aspx https://intranet.peacecorps.gov/Offices/OO/Pages/default.aspx

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(3) SSI 310 PCV Training Guidelines;

(4) SSI 420 Host Family and Counterpart Orientations; and

(5) SSI 500 Local Legal Environment Survey Guidelines.

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1.2 Peace Corps Commitments to Sexual Assault Victims

Peace Corps is committed to providing a compassionate and supportive response to all

Volunteers who have been sexually assaulted. To that end, Peace Corps makes the following commitment to our Volunteers who are victims of sexual assault. Peace Corps staff worldwide will demonstrate this commitment to Volunteers through our words and actions.

(a) Compassion – We will treat Volunteers with dignity and respect. No one deserves to be a victim of a sexual assault.

(b) Safety – We will take appropriate steps to provide for the Volunteer’s ongoing safety.

(c) Support – We will provide Volunteers with the support they need to help their recovery.

(d) Legal – We will help Volunteers understand the relevant legal processes and their legal options.

(e) Open Communication – We will keep Volunteers informed of the progress of their case, should they choose to pursue prosecution.

(f) Continuation of Service – We will work closely with Volunteers to make decisions regarding their safety and continued service.

(g) Privacy – We will respect Volunteer privacy and will not, without the Volunteer’s consent, disclose the Volunteer’s identity or share the details of the incident with anyone who does not have a specific need to know.

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1.3 Guiding Principles for Supporting Victims of Sexual

Assault

The Peace Corps endeavors to be victim-centered in its approach to all cases of Volunteer sexual assault (see definition in Section 1.5 of these Procedures). The Peace Corps achieves a victim-centered approach with a multidisciplinary, coordinated agency response to meet the victims’ needs. This includes:

• Specially trained staff at Post and Headquarters, who are prepared to compassionately receive Volunteer reports of sexual assault, and to provide support to Volunteers who have been sexually assaulted.

• Ensuring that the Volunteer understands their options and empowering the Volunteer to make choices that are right for them. This includes choosing the type of report they wish to make (Restricted or Standard) and electing the services that they wish to receive.

• Post staff coordinates with staff from Headquarters to provide a holistic response that facilitates the services requested by the Volunteer, to conduct an assessment of the

Volunteer’s health and safety, and to keep the Volunteer informed every step of the way.

When the Volunteer requests a specific action from Peace Corps in response to the sexual assault, Peace Corps staff will make every reasonable effort to accommodate the

Volunteer’s wishes, or to provide an acceptable alternative. If no alternative is available

Peace Corps staff will communicate that in a manner that is trauma-informed and compassionate.

The Peace Corps’ commitments to sexual assault survivors serve as the backbone for all communications and services to Volunteer survivors – and those include the commitment to be transparent, non-judgmental, and to maintain the confidentiality of information shared by the

Volunteer. See Section 1.2 of these Procedures.

The Peace Corps also endeavors to be trauma-informed in its approach to all cases of Volunteer sexual assault (see definition in Section 1.5 of these Procedures). A trauma-informed approach recognizes the prevalence and pervasive impact of trauma, as well as the varied manifestations of trauma. Reactions to trauma vary widely from person to person, and there is no one “normal” response. A trauma-informed approach recognizes that an individual can respond to trauma in a number of ways, including:

• Delayed reporting,

• Partial reporting,

• Fragmented memories,

• Flat or controlled affect,

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• Low situational awareness,

• Risky behaviors,

• Fear or shame, and

• Not actively resisting the assault.

Moreover, a trauma-informed approach aims to shift responders’ interactions, behaviors and responses to acknowledge the victim’s experience and prevent exacerbation of mental health symptoms, particularly those related to a trauma event.

In turn, when working with victims of sexual assault, Peace Corps staff should:

• Be educated about common biases, stereotypes, and myths surrounding sexual assault, and how to counteract these myths,

• Ensure that they are not compromised by personal bias and judgment,

• Adhere to a non-threatening approach,

• Focus on the victim’s well-being,

• Maintain open communication and allow the victim to be part of the process when making decisions, and

• Make every effort to avoid re-traumatization of the victim.

These basic principles should be incorporated with unique aspects of the environment and the culture of those impacted by trauma.

Finally, sexual assault is never the fault of the victim, and staff should never blame the victim, either directly or indirectly, for the sexual assault or the circumstances surrounding the sexual assault.

“Victim blaming” is the act of holding a victim wholly or partially responsible for the offense committed against them, or questioning what a victim could have done differently to prevent or mitigate an offense (see definition in Section 1.5 of these Procedures). Victim blaming can appear in the form of negative reactions or comments from judicial, legal, security, medical, and mental health professionals, as well as from the media, family members, friends, co-workers, religious figures, and community members.

Examples of victim blaming statements include:

• You weren’t supposed to be there.

• Why were you alone?

• You shouldn’t have been drinking/taking drugs/you drank too much.

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• Why did you go into the house/let them into your house?

• You should not have let him/her sleep in your room/bed.

• Why did you wait to report?

• Why did you continue to interact with the offender?

Victim blaming devalues the victim, reinforces feelings of guilt and shame, and can complicate the recovery process. It can also negatively impact the relationship between the victim and the service provider by impacting the victim’s trust and openness.

Often, the people responsible for such statements or behaviors do not intend to blame the victim.

Nonetheless, victim blaming still occurs. It is important to be cognizant of how a statement or action can be interpreted by the victim. For information on how to avoid victim blaming while developing a safety plan, please refer to Annex VI: Safety Plan Conversation Guide.

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1.4 Peace Corps Sexual Assault Classifications

(a) Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent* of the

Volunteer.

(b) Aggravated Sexual Assault – Another person, without the consent of the Volunteer, intentionally or knowingly:

(1) touches or contacts, either directly or through clothing, the Volunteer’s genitalia, anus, groin, breast, thigh, or buttocks;

(2) kisses the Volunteer on the mouth, ear, or neck;

(3) disrobes the Volunteer;

(4) causes the Volunteer to touch or contact, either directly or through clothing, another person’s genitalia, anus, groin, breast, thigh, or buttocks; OR

(5) attempts to carry out any of those acts, AND:

(i) the offender uses or threatens to use a weapon;

(ii) the offender uses or threatens to use force or other intimidating actions; OR

(iii) the Volunteer is incapacitated or otherwise incapable of giving consent.

(c) Non-Aggravated Sexual Assault – Another person, without the consent of the Volunteer, intentionally or knowingly:

(1) touches or contacts, either directly or through clothing, the Volunteer’s genitalia, anus, groin, breast, thigh, or buttocks;

(2) kisses the Volunteer on the mouth, ear, or neck;

(3) touches the Volunteer with the offender’s genitalia, either directly or through clothing, or offender’s semen or vaginal fluids (no matter which part of the Volunteer’s body is touched); OR

(4) attempts to carry out any of those acts.

*Consent means words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon activity. Consent is absent if force has been used against the Volunteer, the Volunteer has been threatened or placed in fear, or the Volunteer is incapable of appraising the nature of the conduct. Consent is absent if the Volunteer is physically incapable of declining participation in, or physically incapable of communicating unwillingness to engage in (e.g., Volunteer is intoxicated), that conduct.

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1.5 Definitions

(a) Designated Security Specialist (DSS) means a staff member in the Office of Safety and

Security at Headquarters who has been trained to handle Restricted and Standard Reports and who provides technical assistance to Post staff and Peace Corps Safety and Security

Officers (PCSSOs), and, if necessary, to direct and coordinate actions to mitigate risks to safety and security.

(b) Designated Staff means:

(1) at Post, Peace Corps Medical Officers (PCMOs), Sexual Assault Response Liaisons

(SARLs), Safety and Security Managers (SSMs), back-up SSMs as needed; PCSSOs in some circumstances; and

(2) at Headquarters, the Director of OVA, the Victim Advocate in OVA who is assigned to the particular case, the DSS who is assigned to the particular case, BHO personnel who are assigned to the particular case, and OHS Field Support Unit personnel who are assigned to the particular case.

(c) Medical Treatment Plan means a plan developed by a PCMO to address the medical treatment needs of a Volunteer who has been sexually assaulted, including treatment of physical injuries; mental health assessment, support and treatment; and prevention of sexually transmitted infections and pregnancy.

(d) Official Investigation means any investigation or other action carried out by the Peace

Corps or law enforcement authorities in response to a sexual assault, but does not include actions carried out by Designated Staff or other authorized Peace Corps staff for purposes of providing Standard Report Services or Restricted Report Services.

(e) Personally Identifying Information or PII means individually identifying information for or about a Volunteer who is a victim of sexual assault, including first and last name, home or physical address (including site location), contact information (such as postal address, email, IP address, telephone or fax number), social security number, date of birth, ethnicity, race, religious affiliation, the location of the incident, the victim’s sector, entry on service date, close of service date or time since swearing-in and any other information that, either individually or in combination with other information, would serve to identify the

Volunteer.

(f) Procedures means the MS 243 Responding to Sexual Assault Procedures.

(g) Re-traumatization (sometimes referred to as re-victimization) is a conscious or unconscious reminder of past trauma that results in a re-experiencing of the initial trauma event. It can be triggered by a situation, an attitude or expression, or by certain environments that replicate the dynamics (loss of power/control/safety) of the original trauma.

(h) Restricted Report means a confidential report made to Peace Corps staff by a Volunteer who reports being sexually assaulted during service in order for the Volunteer to receive

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Restricted Report Services without further disclosure of PII except to the extent necessary for the provision of such Restricted Report Services and without automatically triggering an

Official Investigation. Only Designated Staff are involved in responding to Restricted

Reports of sexual assault.

(i) Restricted Report Services means, for a Volunteer who reports being a victim of sexual assault:

(1) an explanation of the option to make either a Restricted Report or a Standard Report;

(2) provision of a SARL and a Victim Advocate;

(3) provision of a sexual assault forensic exam in accordance with applicable host country law;

(4) provision of emergency health care, including a mechanism to evaluate the provider;

(5) provision of counseling and psychiatric medication;

(6) completion and implementation of a Safety Plan and a Medical Treatment Plan;

(7) evacuation for medical treatment accompanied by Designated Staff at the request of the Volunteer and, when evacuated to the United States, to the extent practicable a choice of medical providers and a mechanism to evaluate such providers; and

(8) an explanation of the available law enforcement and prosecutorial options, including, for this purpose, legal representation.

(9) Review of a Security Incident Management System (SIMS) incident summary with a

Victim Advocate.

(j) Safety Plan means a plan developed by Staff and the Volunteer to address the immediate and ongoing personal safety and well-being of the Volunteer following a sexual assault.

(k) Serious or Imminent Threat means a serious or imminent threat to the health or safety of the Volunteer or others, such as (i) any life threatening, or potentially life threatening condition or security situation, (ii) any condition or security situation that threatens loss of limb or other serious bodily harm, (iii) any situation that has involved the Volunteer losing consciousness. A threat to health or safety would only be considered to be a Serious or

Imminent Threat if it cannot be adequately prevented or lessened by Designated Staff or the

Volunteer and/or the threat will require disclosure the Volunteer’s PII to limited individuals or organizations to adequately prevent or lessen the substance of the threat to health or safety.

(l) Sexual assault means a Rape, Aggravated Sexual Assault, or Non-Aggravated Sexual

Assault as defined in the Peace Corps.

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(m) The Security Incident Reporting Guide (SIRG) provides official Peace Corps definitions of crimes, deaths, stalking, vehicular accidents, and other security incidents

(n) Specific need to know means, with respect to particular information, that an individual is unable to perform a specific task that is part of that individual’s official duties without knowledge of that particular information.

(o) Standard Report means any report by a Volunteer of a sexual assault that, in accordance with this policy or the procedures, is no longer treated as a Restricted Report and may provide the Volunteer with the opportunity to receive services other than Restricted Report

Services and may trigger an Official Investigation. A Standard Report of a sexual assault is confidential in nature.

(p) Standard Report Services includes all Restricted Report Services, as well as the following:

(1) Assisting the Volunteer in making a report of the sexual assault to law enforcement authorities;

(2) Assistance in any legal proceedings related to the sexual assault;

(3) Retaining legal counsel to represent the Volunteer in legal proceedings in accordance with MS 774;

(4) Reporting to and requesting assistance from the Office of Inspector General (OIG);

(5) Initiating formal Peace Corps administrative processes, including initiating a complaint of sexual misconduct by another Volunteer in accordance with IPS 1-12

Volunteer/Trainee Sexual Misconduct;

(6) Consideration of site and host family changes;

(7) Support and assistance from non-Designated Staff; and

(8) Any other services not listed under Restricted Report Services that are deemed necessary in the particular circumstances.

(q) Third party means an individual other than the Volunteer victim of a sexual assault. The third party could be, for example, another Volunteer, host family member, bystander, neighbor or local official. The recipient of a report from a third party could be any employee of Peace Corps, including Designated Staff, CD, Post staff, or OIG.

(r) Trauma refers to a response to events that are shocking and overwhelming, typically involving a major threat to the physical, emotional, and/or psychological safety of the individual victims. Traumatic events are often sudden and unexpected, and can be a single occurrence or happen several times. Trauma can generate a biological, psychological, social response that can be short-term, long-term, or intermittent. Longer term reactions include unpredictable emotions, flashbacks, strained relationships and even physical symptoms like headaches or nausea.

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(s) A trauma-informed approach recognizes the prevalence and pervasive impact of trauma, as well as the varied manifestations of trauma. A trauma-informed approach recognizes that an individual can respond to trauma in a number of ways.

(t) Victim blaming means the act of holding a victim wholly or partially responsible for the offense committed against them, or questioning what a victim could have done differently to prevent or mitigate an offense.

(u) Victim-centered approach means the systematic focus on the needs and concerns of a victim to ensure the compassionate and sensitive delivery of services in a nonjudgmental manner. In a victim-centered approach, the victim's wishes, safety, and well-being take priority in all matters and procedures.

(v) Volunteer means, for purposes of MS 243 and these Procedures only, a currently serving or

Returned Peace Corps Volunteer or Trainee who has reported being sexually assaulted during Peace Corps service.

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1.6 Sexual Assault Notification Flow Chart

The chart below is Attachment B of TG 540 Clinical Management of Sexual Violence.

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1.7 Confidentiality

Information received by the Peace Corps pertaining to a report of sexual assault is subject to specific confidentiality requirements prescribed by law. All Peace Corps staff who are involved in responding to sexual assault must comply with the following rules to ensure that the

Volunteer’s privacy is protected:

(a) All reports, Restricted and Standard, are confidential in nature.

(b) A Volunteer who reports a sexual assault has the choice of Restricted Reporting or Standard

Reporting. All reports of sexual assault are treated initially as Restricted Reports. All reports remain Restricted unless

(1) the Volunteer requests the report be changed to Standard, or

(2) OGC, in coordination with the Office of Safety and Security, determines that a Serious or Imminent Threat reported by staff meets the standard to convert the Restricted

Report to a Standard Report, or

(3) Another statutory or policy exception applies.

(c) You must not give any information about a sexual assault to anyone else (including another Peace Corps staff member) unless that person has a specific need to know that information to perform specific tasks that are part of their official duties or you are expressly authorized to disclose that information under these Procedures.

(d) A Volunteer has the right to disclose her or his information to others. Disclosure by the

Volunteer does not automatically make a Restricted Report into a Standard Report.

(e) Only Volunteers who report being sexually assaulted during their Peace Corps service can file a Restricted Report.

(f) A Volunteer victim identified through a third party report will be offered the opportunity to file a Restricted Report. If the Volunteer declines or denies the allegation, the Peace Corps staff involved will only share the information contained in the report to other Peace Corps staff who have a specific need to know the information.

(g) There are different rules for disclosing information about a sexual assault depending on whether the report of sexual assault is a Restricted Report or a Standard Report.

(1) Restricted Reporting

(i) You may share PII with Designated Staff. However, you may only share medically confidential information with Designated Staff if they have a specific need to know that information.

(ii) If you are a PCMO or another member of Peace Corps medical staff, you must not extend medical confidentiality to the CD or any other staff member (other than Designated Staff and Peace Corps medical staff). (However, section 4.5 of

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MS 243 and these Procedures do authorize PCMOs to give very limited information to the CD or Peace Corps staff that does not reveal any PII).

(iii) If you are a PCMO or another member of Peace Corps medical staff, you may share PII with outside medical professionals if necessary for the procurement or provision of services.

(iv) If you are a DSS, you may share certain PII with the regional Peace Corps Safety and Security Officer (PCSSO) under certain circumstances described in these

Procedures.

(v) At Post, if a Volunteer initially reports a sexual assault to non-Designated Staff

(e.g., Duty Officer), that staff member must immediately notify a PCMO and not disclose any information regarding the sexual assault to anyone else. Any records or notes taken by the non-Designated Staff regarding the Restricted

Report must be given to the PCMO or SSM to maintain in their files.

(vi) At Headquarters, if a Volunteer reports a sexual assault to non-Designated Staff

(other than OIG staff), that staff member must immediately contact OVA at +1

(202) 409-2704. All records of the Restricted Report must be transferred to

OVA.

(vii) Concerns or allegations regarding mismanagement of the sexual assault incident may be reported at any time to OIG without violating Peace Corps policy. Peace

Corps staff are prohibited from taking or threatening any action against you for reporting such information, concern, or allegation to OIG as a reprisal for doing so unless you report the concern or allegation to OIG with the knowledge that it was false or with willful disregard for its truth or falsity.

(2) Standard Reporting

(i) You may share PII with both medical and non-medical Peace Corps staff if they are Designated Staff or have a specific need to know that information.

(ii) If you are a PCMO or another member of Peace Corps medical staff, you may share PII with outside medical professionals if necessary for the procurement or provision of services.

(iii) You may be required to report the sexual assault to OIG, and to provide OIG with any information OIG requests.

(iv) Except to respond to requests for information from OIG, only the minimum information necessary for the Peace Corps staff to perform required tasks may be disclosed.

Further details on the differences between Restricted and Standard Reports can be found in the Services and Reporting Information Sheet (Annex I). Any staff member who breaches their obligation of confidentiality may be subject to disciplinary action up to and including termination of employment.

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1.8 Third Party Reporting

Not all sexual assault incidents are reported to the Peace Corps by the victim of sexual assault. In some circumstances, a third party such as another Volunteer, a counterpart, a family member, or someone else in the community may disclose to Peace Corps that a Volunteer is a victim of sexual assault. Peace Corps will attempt to provide the Volunteer victim with the option of filing a Restricted Report. To ensure that the option to file a Restricted Report is available, the following steps should be taken:

(a) Staff Shares Report with the PCMO – When the Peace Corps staff member (non-

Designated Staff or Designated Staff) receives the third party report, that staff member must share the report, including the Volunteer’s PII, with the Post PCMO.

(b) PCMO Contacts Volunteer – The PCMO will immediately contact the Volunteer who is alleged to have been a victim of sexual assault. The PCMO will assess the health and safety of the Volunteer, and ask questions to determine whether a sexual assault occurred. The

PCMO should also inform other members of the Designated Staff at Post that a third party allegation has been made and that the PCMO will speak with the Volunteer. The PCMO can work with the SSM in making a determination about the safety of the Volunteer. If the identity of the Volunteer who is alleged to have been a victim is not known, the Designated

Staff should make reasonable efforts to determine the identity of the Volunteer.

(1) If Volunteer Confirms Sexual Assault: If the Volunteer confirms that she was sexually assaulted, the PCMO will provide information about Standard and Restricted

Reporting options and the support services available, and will otherwise follow the

Procedures for responding to a sexual assault.

(2) If Volunteer Denies Sexual Assault: If the Volunteer denies that a sexual assault occurred, or if the Volunteer refuses to discuss the matter, the PCMO will notify the

CD of the third party report. The PCMO and SSM must provide the CD with all relevant information, including the name of the alleged victim, the name of the alleged perpetrator, and the name of the person making the allegation. In other words, if the

Volunteer denies that an assault has occurred, then policies related to Restricted

Reporting do not apply and all information can be provided to the CD.

(i) NOTE: When a PCMO first contacts the Volunteer about a third party allegation, the Volunteer may not be emotionally ready to address the situation and say that an assault did not occur. When the Volunteer initially denies that the assault occurred, the Volunteer may still make a Restricted Report at a later date. The

Volunteer should not be penalized for this when later telling Post that the allegation was true. When the assault is confirmed, staff should offer the choice of Standard or Restricted Reporting and handle the case as specified in these

Procedures related to third party reporting.

(ii) NOTE: if the Volunteer initially denies that she was assaulted, but the PCMO has a strong suspicion that the assault did occur, the PCMO and CD will take action to protect the health and safety of the Volunteer

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(iii) NOTE: If a Volunteer denies a third party allegation, Designated Staff should note the allegation and denial in their own confidential files. A SIMS report is not completed for a denial.

(c) Country Director Assessment – If the CD is notified, the CD will use Post resources to assess the third party allegation. If necessary, the CD will confer with Post staff, the DSS, OHS, OVA, PCSSO, or Regions.

(d) Volunteer, Staff or Contractor as Perpetrator – If the third party report indicates that the perpetrator may be a Volunteer, staff member, or contractor OIG must be notified of the report regardless of the Volunteer victim’s election of a Restricted or Standard Report. The

DSS (in Restricted Report cases) or the CD (in Standard Report cases) should notify OIG after the alleged Volunteer victim has been contacted by the PCMO, as outlined above. As described in MS 243, OIG may investigate certain allegations where the perpetrator is a

Volunteer, staff member, or contractor.

(e) Communication with the Third Party – The third party that reports a sexual assault to

Peace Corps may inquire as to what actions Peace Corps is taking regarding the report.

Peace Corps staff may direct the third party to these Procedures, but Peace Corps staff cannot confirm or deny the allegation (i.e., cannot tell the person making the allegation that a sexual assault did or did not occur). Staff must limit any information sharing with the third party by stating that the Peace Corps has procedures for looking into these types of allegations and that someone will contact them if additional information is needed. Staff should thank the third party and tell them that they will take the report seriously and look into the situation, but because of confidentiality, the Peace Corps will not be able to provide any information back to the person making the report.

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1.8.1 Third Party Notification Flowchart

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1.9 A Step-By-Step Guide to Handling the Initial Call

By following this outline, any staff member taking the call from a Volunteer will be able to help stabilize the situation, begin providing effective support to the Volunteer and gather critical information to help Post respond. Please take notes of the Volunteer’s answers. All notes and information collected from the call must be given to the appropriate Designated Staff.

(1) The first goal is to ensure that the Volunteer's urgent medical needs are addressed and that she is in a safe place...

“I am so sorry to hear this has happened to you.”

“In case we get disconnected how can I call you?”

“When did this happen?”

“Where are you?”

“Are you safe there?” (If the Volunteer says no, discuss how to get some place safe. Call emergency services or a trusted community member if necessary.)

“Are you injured? Do you need immediate medical care?” (If the Volunteer says yes, contact emergency services and notify PCMO immediately.)

“Are you alone or with someone you trust? If not, is there anyone nearby who you trust that can be with you?”

(2) Next, help the Volunteer to protect possible physical evidence. (Note to staff: These questions and prompts will be most relevant if the assault happened recently. If the assault happened within the past 5 days, certain physical evidence might be present on the

Volunteer’s body. Even if the assault happened longer than 5 days ago, certain evidence might be present on clothing, at the location of the assault, etc. Remember to get in touch with the PCMO and SSM as soon as possible—they can assist with these discussions.)

“You don’t have to decide right now if you want to report this to the police, but let’s do a few things to preserve your ability to make that decision when you are ready.”

(If the assault happened within the past 5 days) “To the extent possible, and if you have not done so already, please do not urinate or use the bathroom, douche, shower, bathe, rinse your mouth, brush your teeth, eat or drink, wash your hands or clean under your fingernails until after you have spoken with the PCMO.”

“Don’t move, wash or throw anything away where the assault occurred.”

(3) Tell them what the next steps will be…

“We will do everything we can to protect your privacy and outline your options. Right now I am going to call the PCMO who will call you right back.” (If you have a problem contacting the PCMO, call the Volunteer back).

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(4) Make sure the Volunteer understands…

“Do you understand the next steps?”

“Is there anything else that you’re concerned about right now that we haven’t talked about?”

“Stay in a safe place; the PCMO will contact you shortly. Please know, you are not alone and we are here to help you.”

(5) Immediately contact the PCMO after hanging up with the Volunteer.

Restricted Reporting Procedures

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RESTRICTED

REPORTING

2.0 RESTRICTED REPORTING

Important note: A Volunteer’s report of sexual assault is presumed to be a Restricted Report until the Volunteer exercises the option to make the report a Standard Report or until it is otherwise converted into a Standard Report in accordance with these Procedures. In the immediate response phase (first 24 hours), a report will likely be Restricted unless the Volunteer has indicated on the initial call that she3 wishes to report the assault to law enforcement.

Any decision by the Volunteer to exercise the option to make the report a Standard Report should be documented with the Volunteer Preference Form. If it is not practicable for the

Volunteer to sign the Volunteer Preference Form (e.g., because the Volunteer is not present to meet with a member of Designated Staff), the Volunteer’s preferences should be noted on the

Volunteer Preference Form and the Volunteer’s signature should be obtained at the

Volunteer’s earliest convenience.

The following section of the Procedures assumes that the Volunteer has not exercised the option to make the report a Standard Report and the report has not otherwise been converted into a

Standard Report. If, at any time, the Volunteer exercises her option to make the report a

Standard Report or it has otherwise been converted into a Standard Report, please go to the section on Standard Reporting.

3 Peace Corps understands that people of all genders experience sexual assault and that people of all genders commit sexual assault. In an effort to be inclusive of multiple gender identities, we alternate between “he/him” and “she/her” pronouns in this policy. In the Introductory Materials and “Restricted Reporting” section, “she/her” is used to refer to Volunteers, and in the “Standard Reporting” section, “he/him” is used. Peace Corps also understands that not every Volunteer uses “he/him” or “she/her” pronouns. Reporting options and services as outlined in this policy are available to every Volunteer and are inclusive of all gender identities.

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2.1 Peace Corps Medical Officer (PCMO)

2.1.1 Immediate Response Phase (0-24 hours after report)

As soon as you are notified of a sexual assault, immediately contact the Volunteer.

Immediately notify the SSM and work with the SSM to assess Volunteer’s health and safety.

Confirm Volunteer’s contact information and location.

Ask if the Volunteer is alone and if she would like someone to be with her (e.g. neighbor, friend). If so, assist in making those arrangements if and when possible.

Assess the extent of physical and psychological trauma using and following Technical

Guideline TG 540 Clinical Management of Sexual Violence, Attachment D or E, Peace

Corps Sexual Assault Exam (PCSAE) Female or Male Sexual Assault Form. If you must travel to the Volunteer’s location, bring necessary supplies, including the sexual assault

“go-bag” and a printed copy of the appropriate PCSAE Female or Male Sexual Assault

Form.

Determine the need for urgent mental health assessment and/or intervention following

TG 545 Sexual Assault Mental Health Assessment and Care.

Ask the Volunteer not to go to the hospital or law enforcement until Peace Corps staff arrives, unless it is an emergency or there is an imminent threat of bodily harm. Instruct

Volunteer to contact you (or other Designated Staff) if the medical and/or safety condition changes before staff arrive.

To the extent possible, assess the circumstances surrounding the assault. Do not force the

Volunteer to discuss the details if she is reluctant to do so. Avoid discussion of Peace

Corps incident classifications and use the language the Volunteer uses to describe the incident.

Depending on the circumstances of the assault, explain how to preserve evidence to protect future options. If the assault occurred within the past 5 days, ask the Volunteer not to urinate or use the bathroom, douche, shower, bathe, rinse her mouth, brush her teeth, eat or drink, wash her hands, or clean under her fingernails. Ask the Volunteer not to wash or dispose of clothing worn at the time of the assault. If the Volunteer chooses to change into fresh clothes, instruct the Volunteer to put all clothing worn at the time of the assault in a bag (paper, cloth, mesh) or a pillow case. Remind Volunteer to put on a pair of undergarments to potentially preserve evidence that may still be contained on her body.

Explain to the Volunteer that he may receive assistance from a Victim Advocate and that the Victim Advocate will contact the Volunteer within 24-48 hours to make sure that the

Volunteer understands the process. Facilitate access to a Victim Advocate if requested at http://inside.peacecorps.gov/index.cfm?viewDocument&document_id=32257&filetype=pdf http://inside.peacecorps.gov/index.cfm?viewDocument&document_id=32257&filetype=pdf

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+1(202) 409-2704. Inform the Volunteer that Victim Advocates are part of the

Designated Staff who respond to Volunteers that have been assaulted.

Notify OVA via +1 (202) 409-2704.

If needed, contact the Office of Medical Services’ (OMS’) Duty Officer at

+1 (202) 692-1028.

Sexual Assault Forensic Examination (SAFE)

If applicable, explain the purpose of a Sexual Assault Forensic Examination (SAFE) and ask if the Volunteer would like information about the process for conducting a SAFE in the host country (including who is authorized to conduct the SAFE and where it will be done).

o If, at your Post, having a…