3 FAM 1750
SEXUAL ASSAULTS INVOLVING DEPARTMENT PERSONNEL AND
FACILITIES IN THE UNITED STATES
(CT:PER-862; 07-27-2017)
(Office of Origin: HR/ER)
3 FAM 1751 Introduction
(CT:PER-862; 07-27-2017)
a. Sexual assault has a traumatizing impact on
individuals who are assaulted and a corrosive effect on the workplace. The
Department of State is determined to do all it can to prevent sexual assault
from being committed by, or against, its personnel and it is committed to
effectively and sensitively responding to personnel who have been sexually
assaulted, ensuring that they are treated with care and respect. The policies
and procedures in this section define the Departments goals of effectively
preventing and addressing sexual assaults; the actions it will take in response
to allegations of sexual assault; and the approach it will use in holding those
Department personnel who commit sexual assault accountable for their actions. The
language used in this FAM, by necessity, must be technical, comport with and
relate to relevant laws, and be administratively sound. That said, the legal
terminology, including the term "victim," contained herein should not
eclipse the compassion and urgency that underlie the Departments commitment to
this issue.
b. Sexual assaults that occur within the United States
generally fall under the jurisdiction of the State or locality where the
assault occurred. Personnel who are victims of sexual assault are not under
any obligation to report the assault to the Department.
c. Anyone who has been sexually assaulted anywhere in
the United States should:
(1) Go to a safe place away from the perpetrator;
(2) Reach out for help. Call 911 to receive
assistance from local medical and law enforcement;
(3) Preserve all evidence of the assault:
(a) Refrain from washing hands, bathing, brushing teeth,
eating, laundering clothes, or smoking, until contact can be made with medical
or law enforcement first responders; and
(b) If still at the location of the assault, refrain
from cleaning or straightening up or removing anything from the surroundings;
(4) If the victim did not immediately call for medical
or law enforcement assistance and later would like to reach out for help, the
victim may still call 911 at any time. Victims of sexual assault under
circumstances described in 3 FAM 1753 may
also reach out to:
(a) Diplomatic Securitys Office of Special
Investigations (DS/DO/OSI) via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov.
The DS/DO/OSI duty agents are available 24 hours a day, 7 days a week;
(b) Employee Consultation Services (ECS) by email: MEDECS@state.gov
or by telephone at 703-812-2257; and
(c) A sexual-assault crisis center.
d. Sexual assault involving chief-of-mission personnel
and facilities outside of the United States is covered in 3 FAM 1710.
3 FAM 1752 Definitions
(CT:PER-862; 07-27-2017)
Sexual assault: Any type of
sexual contact that occurs without the explicit consent of the recipient.
Sexual contact: The
intentional touching, or the forcing of another to touch, either directly or
through the clothing, the genitalia, anus, groin, breast, inner thigh, or
buttocks of any person.
Sexual harassment: Harassment
is a broad term that refers to unwelcome behavior tied to Equal Employment
Opportunity (EEO) categories. Sexual harassment is harassment based on sex
(gender) or that is sexual in nature. Sexual assault is a form of sexual
harassment. For example, see 3 FAM 1525.1,
What Is Sexual Harassment? Pursuant to 3 FAM 1525, Anti-Sexual
Harassment Policy, the Office of Civil Rights (S/OCR) is designated as the
primary Department entity to address allegations of sexual harassment. S/OCR
refers allegations of sexual assault and other possible crimes to DS/DO/OSI.
3 FAM 1753 Applicability
(CT:PER-862; 07-27-2017)
a. This policy applies to all of the following
categories:
(1) All Department employees in the United States;
(2) Persons under personal-services contracts (PSCs)
or personal-services agreements (PSAs) in the United States;
(3) Other individuals, such as third-party
contractors, student volunteers (interns) and nonemployee fellows, and other
personnel (e.g., subcontractors) in the United States who provide services to
the State Department when the allegation involves conduct that occurs on duty, or
is associated with the individuals position within the Department; and
(4) Any sexual assault that occurs at any Department
facility within the United States.
b. Procedures for handling allegations of sexual
assault may be different at other agencies. Department personnel detailed to
another agency may reach out to the Washington, DC-based Bureau of Medical
Services (MED) duty officer at 202-262-9013 or through the Operations Center at
202-647-1512 for medical guidance, and to DS/DO/OSI for law enforcement
guidance.
c. The provisions of this 3 FAM 1750
apply to the fullest extent permitted by law.
3 FAM 1754 Policy
(CT:PER-862; 07-27-2017)
a. The Department of State is committed to protecting
personnel from sexual assault, fostering a workplace free of the threat of
sexual assault, and holding those who commit sexual assault accountable for
their actions.
b. Sexual assaults which occur within the United States
generally fall under the jurisdiction of the State or locality where the sexual
assault occurred. The State or the local jurisdiction is primarily responsible
for any criminal investigation and prosecution. An employee who is a victim of
sexual assault is not under any obligation to report that sexual assault to the
Department.
c. For sexual assaults that occur in the United
States, DS/DO/OSI will:
(1) Refer the victim to an appropriate State or local
victim advocate;
(2) Encourage victims of sexual assault to seek out
healthcare including medical examinations and mental health counseling;
(3) Refer the victim to the appropriate State or local
law enforcement agency to pursue a criminal investigation if the victim
desires;
(4) Provide the employee with information about
psychological support available through Employee Consultation Services; and
(5) Assess the need for an administrative
investigation following the conclusion of a criminal investigation.
d. Retaliation, harassment, or discrimination of any
kind against anyone covered by this policy who reports incidents of sexual
assault or participates in a sexual assault investigation, is expressly
prohibited. For example, see 3 FAM 1525,
Anti-Sexual Harassment Policy, and 3 FAH-1 H-1510,
Procedures for Processing Complaints of Discrimination. Certain Department
employees including supervisors and other responsible Department officials are
mandated to report instances of possible sexual harassment to S/OCR in
accordance with 3
FAM 1525.
e. An employee who is alleged to have committed sexual
assault may be subject to removal from the premises, depending on the severity
of the allegations, preliminary investigatory assessments, and if removal is in
the best interests of the Department.
f. In addition to any potential criminal penalty, any
employee found to have committed sexual assault may be subject to
administrative action, which may include disciplinary action up to and
including separation or removal from employment.
g. Third-party contractors working in Department of
State facilities will be subject to the rules and policies of his/her parent
company or organization. However, the Department of State may provide an
administrative report or suggest corrective action to the parent company or
organization, as appropriate.
h. The Department will also take appropriate action
concerning any alleged perpetrator who commits a sexual assault (e.g., removal
from the premises). In addition, the Department may upon receipt of an
allegation of misconduct, in accordance with applicable laws, procedures and
regulations, revoke building access; suspend visitors access requests; suspend
and/or revoke Department of State-issued security clearances; notify the
appropriate bureau executive office; and notify the clearance issuing agency,
if applicable.
3 FAM 1755 Authority
(CT:PER-862; 07-27-2017)
This policy is issued under the following statutory
authorities:
(1) 22 U.S.C. 3926 (authorizing the Secretary to
prescribe regulations to carry out functions under the Foreign Service Act);
and
(2) 5 U.S.C. 301 (authorizing heads of departments to
prescribe regulations).
3 FAM 1756 reporting
3 FAM 1756.1 General Reporting to
the Department in Cases of Sexual Assault
(CT:PER-862; 07-27-2017)
a. Victims of sexual assault are not required to report
their sexual assault to the Department.
b. The Department strongly encourages anyone who knows
or suspects or is aware of a sexual assault covered by 3 FAM 1750 to
immediately report allegations of sexual assault to:
(1) DS/DO/OSI via email DS-OSIDutyAgent@state.gov or
via phone through the DS Command Center at 571-345-3146; or
(2) S/OCR or via phone at 202-647-9295.
c. MED personnel will not share protected health
information except in accordance with the Notice of Privacy Practices or with
the written consent of the patient. Individuals may obtain a copy of the MED
Notice of Privacy Practices from the health unit or MED intranet page.
d. Except as required by law, non-MED personnel will
only disclose information about sexual assaults to other Department officers
and employees on a need-to-know basis, including to the Office of Inspector
General (OIG) in accordance with 22 U.S.C. 3929, and to other Federal and local
agencies, in accordance with the Privacy Act.
3 FAM 1756.2 Responsibilities
(CT:PER-862; 07-27-2017)
Sexual assault crimes occurring in the United States are
primarily addressed by local law enforcement entities. Regardless of any
criminal investigation, sexual assault by Department personnel is actionable
misconduct. The Department will investigate reported incidents appropriately.
The Department employs a multi-disciplinary administrative approach aimed at
addressing sexual assault by or against its employees and, if such an act
should occur, supporting those who have been assaulted and ensuring appropriate
disciplinary action against those who have committed sexual assault.
Multi-disciplinary in this context refers to the range of offices and bureaus
that have a role to play at Department headquarters including the Bureau of
Medical Services (MED); Bureau of Diplomatic Security (DS); Bureau of Human
Resources (HR); and the Office of Civil Rights (S/OCR).
3 FAM 1756.2-1 Bureau of
Diplomatic Security (DS)
(CT:PER-862; 07-27-2017)
a. The DS Office of Special Investigations (OSI) is the
sole entity within DS that is authorized to conduct sexual-assault
investigations as stated in 1 FAM 262.4-5
and can be reached by email at DS-OSIDutyAgent@state.gov or via phone through
the DS Command Center at 571-345-3146 24 hours a day, 7 days a week.
b. DS/DO/OSI ensures that a special agent is assigned
and available as a duty agent 24 hours per day, 7 days per week to receive
sexual-assault allegations from RSO, DS Command Center (DSCC), victims, medical
providers, and others, and within the scope of OSIs investigative authority,
to begin investigations of the reported assault.
c. A sexual assault that occurs within the United
States is usually within the jurisdiction of local or State law enforcement
agencies. OSI can assist and provide support to the local or State law
enforcement agency in support of their investigation. Upon notification of an
allegation of sexual assault, OSI will:
(1) Provide immediate guidance and support to the
victim;
(2) Provide the victim with a referral to local and State
law enforcement as appropriate;
(3) Refer the victim to Employee Consultation
Services;
(4) Begin an inquiry into the facts and circumstances
surrounding the allegation and gather evidence to determine if OSI has the
authority to investigate; and
(5) As appropriate, confer with other law enforcement
agencies and refer the victim to an appropriate victim advocate.
d. Apart from any criminal investigation, OSI may
conduct an administrative investigation of any sexual assault allegations if:
(1) The assault occurred at a Department-controlled
facility within the United States; or
(2) The subject of the sexual assault investigation is
Department personnel.
e. Based upon the allegation, OSI may:
(1) Interview victims, witnesses, and subjects;
(2) Review electronic records, Department records, law-enforcement
databases, and other sources of information;
(3) Conduct other investigative steps; or
(4) Consult with, or if appropriate, refer
investigations to other law-enforcement agencies.
f. Specially trained investigators: OSI maintains a
cadre of DS special agents who are specially trained and designated as sexual-assault
investigators. These investigators have completed a training curriculum
identified and approved by the OSI Office Director. Sexual assault
investigations will be led by a designated OSI sexual-assault investigator.
g. Security clearances: The DS Office of Personnel
Suitability and Security (DS/SI/PSS) and the DS Industrial Security Division
(DS/IS/IND) manage security clearances for all Department personnel including
contractors:
(1) In cases where the subjects security clearance
was issued by the Department, DS/SI/PSS may, upon receiving an allegation of a
sexual assault, conduct an adjudicative review of the subjects continued
eligibility for access to classified information. This review could result in
the subjects security clearance being proposed for suspension and/or
revocation; or
(2) In cases where the subjects security clearance
was issued by another U.S. Government entity, DS/IS/IND may, upon receiving
allegations of a sexual assault, notify the clearance granting entity and
suspend the subjects visitor access request, which grants access to Department
facilities.
3 FAM 1756.2-2 Bureau of Medical
Services (MED)
(CT:PER-862; 07-27-2017)
a. Medical emergencies in the United States are handled
by local medical entities. If an employee reaches out to MED regarding a
sexual assault, MED will assist the individual in seeking medical assistance.
b. Employee Consultation Services (ECS) is the
Departments employee assistance program. An employee who is the victim of a
sexual assault may contact ECS for assistance in obtaining mental health
services. ECS is a confidential and free service to employees and can be
contacted at MEDECS@state.gov or via phone 703-812-2257.
3 FAM 1756.2-3 Office of Civil
Rights (S/OCR)
(CT:PER-862; 07-27-2017)
a. Anyone who is the victim of a sexual assault which
occurs within a domestic Department facility may report the incident to S/OCR. Additionally,
anyone who is the victim of a sexual assault where the subject of the
investigation is Department personnel, may report the incident to S/OCR.
b. S/OCR has the responsibility for investigating or
overseeing investigations of alleged sexual harassment, which includes sexual
assault. S/OCR serves as a neutral, independent fact-finder. When an
allegation of sexual harassment is reported to S/OCR, S/OCR will:
(1) Review the allegations to determine whether the
allegations fall under the purview of 3 FAM 1525. If
the allegations appear to rise to the level of a sexual assault, S/OCR will
refer the allegations to DS/DO/OSI;
(2) If the allegation falls under the purview of 3 FAM 1525,
assign an S/OCR attorney-advisor to lead and/or oversee an investigation into
the allegations;
(3) Conduct a prompt, thorough, and impartial
investigation; and
(4) If appropriate, forward the investigative report
to the Bureau of Human Resources to review and to determine whether any
Department policies have been violated.
3 FAM 1756.2-4 Bureau of Human
Resources
(CT:PER-862; 07-27-2017)
a. Regardless of any criminal investigation, sexual
assault is actionable employee misconduct. The Bureau of Human Resources
Office of Employee Relations Conduct, Suitability, and Discipline Division
(HR/ER/CSD), which administers the Departments discipline program, will review
reports of sexual assault submitted through reports of investigation from DS,
and/or others for assessment of appropriate disciplinary action. Employees who
commit sexual assault may be subject to disciplinary penalties up to, and
including, suspension or separation/removal from employment.
b. For information about domestic curtailment, see 3 FAM 2444 and
for Civil Service reassignment, see 3 FAM 2400. Foreign Service personnel
should contact the Office of Career Development and Assignments (HR/CDA) and Civil
Service personnel should contact the Office of Civil Service Human Resource
Management (HR/CSHRM).
3 fam 1757 through 1759 unassigned