Dacowits 2013 Report
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1 Defense Advisory Committee on Women in the Services The estimated cost of report or study for the Department of Defense is approximately $852,000 in Fiscal Years 2013 - 2014. This includes $313,000 in expenses and $539,000 in DoD labor. Generated on 2013May17 RefID: 9-7A52C2A Report Control Symbol DD-P&R(AR)2535 Defense Advisory Committee on Women in the Services Table of Contents Executive Summary _____________________________________________________________i Introduction __________________________________________________________________ 1 Wellness Research and Recommendations ________________________________________ 5 Prevention of Sexual Harassment and Sexual Assault in the Military 5 Reproductive Health Care Services and Policies 24 Assignments Research and Recommendations ____________________________________ 29 Accession of Women into the Officer Corps 29 Effective and Full Integration of Women into Closed Positions and Units 38 Endnotes ____________________________________________________________________ 53 DACOWITS Signature Pages ____________________________________________________ 58 Dissenting View Regarding Wellness Recommendation 2 ___________________________ 60 Appendices __________________________________________________________________ 63 Defense Advisory Committee on Women in the Services Defense Advisory Committee on Women in the Services Executive Summary The Defense Advisory Committee on Women in the Services (DACOWITS - hereafter referred to as “the Committee” or “DACOWITS”) was established in 1951 with a mandate to provide the Secretary of Defense with independent advice and recommendations on matters and policies relating to women in the Armed Forces of the United States. Individual members of the Committee are appointed by the Secretary of Defense and serve in a voluntary capacity for one- to four-year terms. As in previous years, in 2013 DACOWITS divided its work into two general areas, Wellness and Assignments, with working groups formed for each. The Committee selected specific topics for study, described below, and gathered both primary and secondary sources of information on these topics, including briefings from military representatives and subject matter experts; data and other informa- tion collected during installation visits from focus groups and interactions with Service members; and literature reviews. These sources of information formed the basis for the Committee’s recommendations and reasoning. The Committee agreed on recommendations at its September 2013 meeting and approved this report at its December 2013 meeting. Wellness Recommendations The Committee studied two Wellness topics – the prevention of sexual harassment and sexual assault in the military and reproductive health care services and policies for military women. Prevention of Sexual Harassment and Sexual Assault in the Military The Committee’s 2013 study of sexual assault and sexual harassment prevention built on its previous work on this topic in 2011 and 2012 and its belief that the prevention of sexual harassment and sexual assault in the military continues to demand immediate and concentrated action. According to DoD estimates, approximately 26,000 Service members experienced some form of sexual assault in fiscal year (FY) 2012 – a 35% increase over FY 2010 – but the number of sexual assault reports i totaled only 3,374. Approximately 525 students at the military Service Academies experienced some form of sexual assault in academic year (AY) 2012 – about the same number as in AY 2010, but the num- ber of sexual assault reports totaled only 80. In addition, 51% of Academy women and 10% of Academy men stated they had experienced sexual harassment in AY 2012. Beyond these DoD statistical compilations of sexual assault and sexual harassment in the Services and at the Academies, there were serious and widespread allegations of sexual misconduct in the Air Force training program at Lackland Air Force Base in 2012 and several high-profile incidents of sexual as- sault or alleged sexual assault in 2013 by Service Academy students, Service members, and senior of- ficers. DoD responded to these data and events by announcing initiatives aimed at strengthening the Sexual Assault Prevention and Response (SAPR) program and by continuing its efforts to strengthen the handling of sexual harassment and other equal opportunity complaints by the Office of Diversity Management and Equal Opportunity. Congress responded by legislating and proposing legislation to both strengthen the SAPR program and reform the military justice system. The Committee focused its 2013 efforts on these and other initiatives aimed at preventing and re- sponding to sexual harassment and sexual assault throughout DoD and the Services, including at the Service Academies. As explained in more detail in the full 2013 report, DACOWITS made the following recommendations, based on the reasoning below, to address the prevention of sexual harassment and sexual assault in the military. Recommendation 1: DoD and the Services should each combine in one program their efforts to prevent and respond to sexual harassment and sexual assault. Reasoning Experts on sexual harassment and sexual assault both in and outside DoD recognize that there is a strong correlation between the two. Yet, in the DoD organizational framework, sexual harassment and sexual assault are handled in separate programs, with sexual harassment the responsibility of the Office of Diversity Management and Equal Opportunity and sexual assault the responsibility of the Sexual Assault Prevention and Response Office. Among the Services, only the Army combines sexual assault preven- tion and sexual harassment prevention under its Sexual Harassment/Assault Response and Prevention Program, recognizing the need to address “the foundation and progression of sexual violence.” A 2011 report by the U.S. Government Accountability Office (GAO), Preventing Sexual Harassment: DoD Needs Greater Leadership Accountability and an Oversight Framework, pointed out that sexual harassment pro- grams in DoD suffered from limited staff resources, lack of oversight, no plan to monitor incidents, no way to measure progress, and no way to communicate results. GAO recommended improvements in leadership commitment to preventing and responding to sexual harassment, compliance and ac- countability, and oversight of the sexual harassment program. While some improvements have been made in addressing sexual harassment organizationally, the program remains under-resourced and under-emphasized. Yet, as focus group members have told DACOWITS, and as the most recent Defense Manpower Data Center 2012 Workplace and Gender Relations Survey of Active Duty Members reveals, sex- ual harassment is a continuing, serious problem. To improve efforts to eliminate sexual harassment and ii Defense Advisory Committee on Women in the Services Executive Summary Executive sexual assault, DoD and the Services should follow the Army model and have one combined sexual harassment and sexual assault prevention and response program. Recommendation 2: DoD should support legislation to remove from the chain of command the prosecution of military cases involving serious crimes, including sexual assault, except crimes that are uniquely military in nature. Instead, the decisions to prosecute, to determine the kind of court martial to convene, to detail the judges and members of the court martial, and to decide the extent of the punishment, should be placed in the hands of the military personnel with legal expertise and experience and who are outside the chain of command of the victim and the accused. Introduction Reasoning The persistent problem of sexual assault in the military continues to demand immediate and con- centrated action. DoD and the Services have placed a great deal of recent emphasis on finding different ways to prevent and respond to sexual assault, including by adopting some of DACOWITS’ recent recommendations. However, the number of sexual assaults continues to increase, not de- crease, and there is a huge disparity between DoD’s own estimates of the number of sexual assault and Recommendations incidents (26,000 in FY 2012) and the number of sexual assault reports (3,374 in FY 2012). Victims Research Wellness have said that they do not come forward because they lack confidence in the system – they do not think their complaints will get a fair and impartial hearing, they do not think perpetrators will be held accountable, and they fear that they will suffer reprisals. Unfortunately, recent events have shown these fears to be justified and may also have communicated to perpetrators that they need not fear being held accountable for their actions. Under the current system, in which complaints are addressed within the chain of command, the commander has complete authority over the han- dling of cases, including whether to prosecute, whether to convene a court martial, who to name to the jury, and if and what kind of punishment is warranted. Moreover, because a commander and Recommendations Assignments Research Research Assignments often has both the victim and the accused perpetrator in his or her command, this decision-making poses a potential conflict of interest. To ensure the strong military justice system that is essential to preventing sexual assault and other serious crimes, DoD should support legislation to remove these decisions from the chain of command and make decision-making in the military justice system more independent, impartial, and consistent.