OPM: Guidance For Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies

Posted: 12:30 am ET
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Via OPM:

One in 5 women and 1 in 71 men have been raped at some point in their lifetimes, and nearly 1.3 million women in the U.S. are raped every year. The statistics are sobering – even more so with our understanding that these types of crimes are often the most underreported. It is important to note that victims may experience one of these forms of violence or all three at the same time. Although women are the majority of victims, as the above statistics show, men can also become victims. In addition, these crimes affect people of all backgrounds, including race, income, religion, sexual orientation, gender identity, age, disability, etc.

Sexual Assault

Sexual assault refers to a range of behaviors, including but not limited to, a completed nonconsensual sex act (e.g., rape, sodomy, child molestation), an attempted nonconsensual sex act, and/or abusive sexual contact. Sexual assault includes any sexual act or behavior that is perpetrated when someone does not or cannot consent. A victim of sexual assault may know the perpetrator, such as a co-worker or a supervisor, and/or may be involved in a dating or marital relationship with the perpetrator, or the perpetrator may be unknown to the victim. Lack of consent should be inferred when a perpetrator uses force, harassment, threat of force, threat of adverse personnel or disciplinary action, or other coercion, or when the victim is asleep, incapacitated, unconscious, or physically or legally incapable of consent.

Below is an excerpt from OPM’s guidance for agency-specific domestic violence, sexual assault, and stalking policies:

Domestic violence, sexual assault, and stalking have the potential to affect every Federal workplace across the United States. It is the policy of the Federal Government to promote the health and safety of its employees by acting to prevent domestic violence, sexual assault, and stalking within the workplace and by providing support and assistance to Federal employees whose working lives are affected by such violence.

This Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies provides agencies with direction to enable them to fulfill the goals identified in the Presidential Memorandum on “Establishing Policies for Addressing Domestic Violence in the Federal Workforce,” which was issued on April 18, 2012. As the nation’s largest employer, the Federal Government should act as a model in responding to the effects of domestic violence, sexual assault, and stalking in the workplace. Some agencies have already taken steps to address these issues. By building on these efforts, the Federal Government can further address the effects of domestic violence, sexual assault, and stalking on its workforce, promoting the health and safety of its employees and improving the quality of its service to the public.

Read more below:

The State Department does not/does not have a published sexual assault or stalking policies.  Browsing state.gov shows that the State Department does asks: What is the United States’ Role in Addressing Sexual Violence in Libya and Syria? Also this: Evaluation of Implementation of the United States Strategy to Prevent and Respond to Gender-Based Violence Globally, August 2012 to August 2015. And many more reports related to sexual assault and gender violence elsewhere.

But.

It does not have a published sexual assault and stalking policies for its employees/family members that are publicly available.

An FSO who is sexually assaulted has no easy way to determine the reporting process.  And if a family member not employed at post is assaulted, he/she does not have access to the State Department intranet. Whatever Diplomatic Security cable guidance reside behind the firewall (we’re looking for three cables), their contents could also be useless to sexual assault victims who have no state.gov accounts. So some questions:

  • Was an analysis of the agency’s current ability to handle incidents related to domestic violence, sexual assault, and stalking in its workforce ever conducted as called for by the OPM guidance (see below)? What does this ability look like within an agency with over 275 locations worldwide?
  • OPM called for reporting procedures that provide an effective, confidential, and accessible way for employees to report incidents and concerns. Because the credibility of any reporting procedure will depend on the extent to which reports are handled quickly and efficiently, agency staff responsible for responding to reported incidents should be trained and prepared to handle any such reports. OPM says that agencies should recognize and respect a victim’s right to privacy and the need for confidentiality and autonomy.  According to OPM, the agency should make every effort to provide advance notice to the employee who disclosed information about the fact that the information will be disclosed, with whom it will be disclosed, and why. The agency should also provide the employee with the names and titles of the people with whom the agency intends to share the employee’s statements and should explain the necessity and purpose of that disclosure. What kind of procedure exists at the State Department? What level of confidentiality is extended to sexual assault victims?
  • OPM said that agencies should develop plans that specify which offices will generally respond to different types of incidents and who will be responsible for different aspects of incident responses.  Which offices at State are tasked to do this?
  • What types of workplace flexibilities are available to an employee when the employee and/or the employee’s family member(s) are victims of domestic violence, sexual assault, or stalking?
  • What does the State Department do with employees who are perpetrators and employees who are victims? Since the Office of Special Investigations receives and catalogues allegations and complaints but neither categorized them by location nor by alleged offense, who actually knows how many sexual assaults and domestic violence have occurred in the Foreign Service?

Click here to see the State Department’s Sexual Harassment Policy via the Office of Civil Rights.

For domestic violence, see 3 FAM 1810 | FAMILY ADVOCACY PROGRAM (Child Abuse, Child Neglect, Domestic Violence).

Nada for sexual assault.

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@StateDept Updates FAM For Reporting Domestic Violence — See What’s Missing?

Posted: 12:19 am ET
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We recently blogged about a diplomat from the Permanent Mission of Germany to the United Nations in New York who is accused of punching his wife but is shielded from arrest by diplomatic immunity (see Manhattan DA Wants Diplomatic Immunity For UN German Diplomat Revoked). How do diplomatic missions handle cases of domestic abuse? According to the AP, the German Foreign Ministry spokesman declined to comment on the allegations and said he wasn’t aware of any request to lift the diplomat’s immunity.

In July 2016, the State Department updated its Foreign Affairs Manual for reporting domestic violence. First, let’s note that the words used in this update is not/not “must” which is mandatory but “should” which simply implies recommendation and advice. “Any person who suspects an employee is involved in domestic violence should report such information…”  Also, let’s note that if the initial report is substantiated, all eight possible actions cited in the updated regs uses the word “may,” which means they’re all recommended optional actions.  For instance, if a report is substantiated, Diplomatic Security “may” refer information to the Bureau of Human Resources (HR) for disciplinary action. Or it may not.

Second, according to 3 FAM 1810,  the Chief of Mission or Principal Officer overseas is responsible for designating a family advocacy officer (FAO) at post, normally the deputy chief of mission (DCM), or the second-in-command at posts where there is no DCM.  Here’s a question: What happens if the perpetrator of domestic violence is the Chief of Mission or the Principal Officer? The DCM, who reports to the ambassador, picks up the phone and convenes the family advocacy team at post which includes the Foreign Service Medical Officer (FSMO), and the Regional Security Officer (RSO). Then one of them calls up the State Department to report the abusive ambassador because the regs say they should?  (Apparently, although not listed, the Regional Medical Officer/Psychiatrist (RMO/P) could also be part of the advocacy team at post).

A DCM would not wash his/her hands on something disgraceful as this, would he/would she? The Medical Officer would not suddenly go on vacation somewhere, right? It would not take um … weeks for Foggy Bottom’s Family Advocacy Committee to provide guidance to post, right?

And, of course, the embassy’s family advocacy folks would protect the ambassador’s spouse because it’s the right thing to do, RIGHT?

Domestic violence affects all people regardless of age, socio-economic status, sexual orientation, gender, race, religion, or nationality. Despite what you might think, the Foreign Service is not an exception.  Physical violence is often accompanied by emotionally abusive and controlling behavior as part of a much larger, systematic pattern of dominance and control. Domestic violence can result not only in physical injury but also psychological trauma, even death.

And yet, the Foreign Affairs Manual appears to be written by folks who could not seem to contemplate that a chief of mission (COM) can cause physical and mental injury to his/her spouse.  Embassies are not democracies; this FAM update offers no protection to the spouse of the most senior official at an embassy. Its language is all bark, and the bite for everyone else — like most things in the Foreign Service —  falls into the “it depends” bucket.

Below is an excerpt from the FAM:

3 FAM 1815  DOMESTIC VIOLENCE
3 FAM 1815.1  Reporting Domestic Violence
(CT:PER-824;   07-19-2016)
(Uniform State/USAID/Commerce/USDA/and Other Participating Agencies)
(Applies to All Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Domestic violence can often involve criminal misconduct (e.g., assault, battery, rape) and the Department considers it notoriously disgraceful conduct (see 3 FAM 4139.14).  As such, it is grounds for taking disciplinary action against an employee.  Any supervisor or other management official who is aware of incidents or allegations, which may serve as grounds for disciplinary action against an employee, is responsible for taking action on or reporting such incidents or allegations (see 3 FAM 4322.1).

b. In cases where there is evidence or allegations of criminal misconduct, as noted in paragraph a of this section, the Office of Special Investigations(DS/DO/OSI) will coordinate with the Department of Justice and/or U.S. Attorney’s office to determine if the actions reported warrant criminal prosecution.

c.   At post, any person who suspects an employee is involved in domestic violence should report such information to the family advocacy officer (FAO) at post.  The FAO must take the actions required by this section.

d. At the Department locations in the United States, any person who suspects an employee is involved in domestic violence should report such information to DS/DO/OSI.

3 FAM 1815.2  Post Action and Department Guidance
(CT:PER-824;   07-19-2016)
(Uniform State/USAID/Commerce/USDA/and Other Participating Agencies)
(Applies to All Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Upon receiving a report or obtaining information pertaining to a suspected case of domestic violence, the family advocacy officer (FAO) must immediately consult with the family advocacy team at post.  The family advocacy team must immediately assess and address any health and safety concerns for the victim and the victim’s children, if any.  Where necessary, promptly schedule with the Foreign Service medical officer (FSMO) medical and/or mental health examinations and/or consultations for persons covered under the Department’s medical program.  Prompt and accurate recording of medical information, interviews and, when possible, the collection of physical evidence and photographs documenting physical injuries is critical in all cases.

b. A member of the family advocacy team must immediately contact the Office of Special Investigations (DS/DO/OSI) telephonically and provide, normally within 24 hours, an initial written report containing available information.  The Bureau of Diplomatic Security (DS) is to share such information with the Family Advocacy Committee.

c.  The Family Advocacy Committee assesses the information and provides guidance to post.  Each case of suspected domestic violence must be handled on a case-by-case basis, depending upon the nature of the allegations.  If the initial report is unsubstantiated or if the allegations do not constitute domestic violence, no further action is required.  The matter is considered closed and the files are annotated accordingly.

d. If the initial report is substantiated, action may include one or more of the following:

(1)  Post may call upon local authorities or resources in certain cases;

(2)  DS may dispatch an investigative team to post, and a criminal investigation may be undertaken;

(3)  DS may coordinate with the cognizant legal authorities about prosecution of the case;

(4)  Post may be asked to conduct follow-up inquiries and interviews;

(5)  Post may be asked to call upon shelter and child protection resources or find alternative shelter within the post community for the victim and any children;

(6)  The FSMO may be asked to determine whether counseling or other medical services are needed and recommend a treatment plan.  If required treatment is not available at post, medical evacuation or curtailment of the employee may be considered or ordered;

(7)  The Family Advocacy Committee may coordinate referrals to crime victim assistance programs specializing in domestic violence and crime victim compensation programs; and

(8)  DS may refer information to the Bureau of Human Resources (HR) for disciplinary action.

Per 3 FAM 1810 domestic violence is any act or threat of imminent violence against a victim (other than a child) that results or threatens to result in physical or mental injury to the victim that is committed by a: (1)  Spouse or former spouse of the victim; (2)  Person with whom the victim shares a child in common; (3)  Person who is co-habitating with or has co-habitated with the victim; (4)  Person residing in the household; or (5)  Any person who has a relationship with the victim and has access to the victim’s household.

Below is Leslie Morgan Steiner talking about “crazy love” via TED — that is, madly in love with a man who routinely abused her and threatened her life. Steiner tells the story of her relationship, correcting misconceptions many people hold about victims of domestic violence, and explaining how we can all help break the silence.

 

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