Sec. 505. Providing for the transfer of a cadet who is the victim of a sexual assault or related offense
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Section 1902 of title 14, United States Code, is amended by adding at the end the following: The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to a Service Academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
The Commandant shall prescribe regulations to carry out this subsection that— ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet is processed as expeditiously as practicable for review and action by the Superintendent; direct the Superintendent of the Coast Guard Academy, in coordination with the Superintendent of the Service Academy to which the cadet requests to transfer— to act on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the Service Academy concerned as expeditiously as possible; and direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer— to act on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible.
If the Superintendent of the Coast Guard Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Department in which the Coast Guard is operating, who shall act on such request not later than 72 hours after receipt of the formal request for review. The Secretary of the Department in which the Coast Guard is operating shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the Service Academy to which the cadet transfers without regard to the limitations and requirements described in sections 7442, 8454, and 9442 of title 10. A cadet who transfers under this subsection to a Service Academy, is entitled, before graduating from such Academy, to state the preference of the cadet for appointment, upon graduation, as a commissioned officer in the Coast Guard.
Upon graduation, a cadet described in subparagraph
(A)is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy as described in section 2101. A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard as described in section 3738a. In this subsection, the term Service Academy has the meaning given such term in section 347 of title 10. .