10 U.S.C. § 8480 — Policy on sexual harassment and sexual violence

(a) Required Policy. Following guidance from the Secretary of Defense, the Secretary of the Navy must direct the Superintendent of the Naval Academy to prescribe a policy on sexual harassment and sexual violence, applying to midshipmen and other Academy personnel. (b) Matters To Be Specified in Policy. That policy must specify: (1) Programs to raise awareness of how often rape, acquaintance rape, and other criminal sexual offenses happen involving midshipmen or other Academy personnel. (2) Procedures a midshipman should follow if sexual harassment or sexual violence occurs, including — (A) if the midshipman chooses to report it, who to report it to and the options for confidential reporting; (B) who else the victim should contact; and (C) procedures for preserving evidence that might be needed to prove a criminal sexual assault. (3) Procedures for disciplinary action in alleged criminal sexual assault cases involving a midshipman or other Academy personnel. (4) Any other sanction authorized in a substantiated case of sexual harassment or sexual violence involving a midshipman or other Academy personnel, covering rape, acquaintance rape, or any other criminal sexual offense, forcible or not. (5) Required training on the policy for all midshipmen and other Academy personnel, including specific training for personnel who process sexual harassment or sexual violence complaints. (c) Annual Assessment. (1) Through the Secretary of the Navy, the Secretary of Defense must direct the Superintendent to conduct an assessment each Academy program year, administered by the Department of Defense, to determine how effective the Academy's policies, training, and procedures on sexual harassment and sexual violence are. (2) For the assessment covering a program year beginning in an odd-numbered calendar year, the Secretary of the Navy must conduct a Department of Defense-administered survey of Academy personnel to: (A) measure — (i) how many sexual harassment and sexual violence events, on or off the Academy grounds, were reported to Academy officials that program year; and (ii) how many such events were not reported; and (B) assess Academy personnel's perceptions of — (i) the policies, training, and procedures on sexual harassment and sexual violence; (ii) how those policies are enforced; (iii) how often such incidents occur; and (iv) any other related issue. (3)(A) The Secretary of Defense may postpone an assessment if conducting it is not practicable because of a war or national emergency declared by the President or Congress. (B) The Secretary of Defense must make sure a postponed assessment happens as soon as practicable after the war or emergency ends, or sooner if the Secretary considers that appropriate. (C) The Secretary of Defense must notify Congress of a postponement decision within 30 days of making it. (d) Annual Report. (1) The Secretary of the Navy must direct the Superintendent to submit to the Secretary a report on sexual harassment and sexual violence involving midshipmen or other Academy personnel, for each Academy program year. (2) Each report must include, for that program year: (A) the number of sexual assaults, rapes, and other sexual offenses involving midshipmen or other Academy personnel reported to Academy officials, and how many of those were substantiated; (B) the policies, procedures, and processes the Secretary of the Navy and Academy leadership put in place in response to sexual harassment and sexual violence that year; and (C) a plan for actions to be taken the following program year to prevent and respond to sexual harassment and sexual violence. (3) A report for a program year beginning in an odd-numbered calendar year must include the results of the survey required under (c)(2). (4)(A) The Secretary of the Navy must send each report, along with the Secretary's comments, to the Secretary of Defense and to the Naval Academy's Board of Visitors. (B) The Secretary of Defense must send each report, along with comments, to the Senate and House Armed Services Committees. (e) Consideration of Request for Transfer of a Midshipman Who Is the Victim of a Sexual Assault or Related Offense. (1) The Secretary of the Navy must ensure timely consideration and action on a request from a midshipman who is the victim of an alleged sexual assault or other offense under Article 120, 120c, or 130 of the Uniform Code of Military Justice, to transfer to another military service academy or to enroll in a Senior Reserve Officers' Training Corps program at another institution of higher education. (2) The Secretary of the Navy must prescribe regulations for this, following Department of Defense guidelines that: (A) make sure the Superintendent of the Naval Academy ensures that any midshipman who is a victim of such an offense is informed of the right to request a transfer, and that any formal request is processed as quickly as practicable through the chain of command for the Superintendent's review and action; (B) direct the Superintendent, working with the Superintendent of the academy the midshipman wants to transfer to — (i) to act on a transfer request no later than 72 hours after receiving the formal request; (ii) to approve the request unless exceptional circumstances require denial; and (iii) once approved, to take all necessary and appropriate action to complete the transfer as quickly as possible; and (C) direct the Superintendent, working with the military department that sponsors the Senior Reserve Officers' Training Corps program at the institution of higher education the midshipman wants to transfer to — (i) to act on a transfer request no later than 72 hours after receiving the formal request; (ii) — subject to the midshipman's acceptance for admission — to approve the request unless exceptional circumstances require denial; and (iii) to take all necessary and appropriate action to enroll the midshipman and process them into the relevant program as quickly as possible. (3) If the Superintendent denies a transfer request under this subsection, the midshipman may request review of the denial by the Secretary of the Navy, who must act on that request no later than 72 hours after receiving it. (4) The relevant Secretary must keep all records of any request, determination, transfer, or other action under this subsection confidential, consistent with applicable law and regulation. (5) A midshipman who transfers under this subsection may either keep the Naval Academy appointment or be appointed to the academy transferred to, without regard to the limitations and requirements in sections 7442, 8454, and 9442 of this title.