Sec. 539. POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL ASSAULT
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## SEC. 539 POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL ASSAULT **[**[10 U.S.C. 7461 note](/us/usc/t10/s7461)**]** ###
(a)In General The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy under which a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and a cadet or midshipman who is the alleged perpetrator of such assault shall, to the extent practicable, each be given the opportunity to complete their course of study at the academy without— ####
(1)taking classes together; or ####
(2)otherwise being in close proximity to each other during mandatory activities. ###
(b)Elements The Secretary of Defense shall ensure that the policy developed under subsection (a)— ####
(1)permits an alleged victim to elect not to be covered by the policy with respect to a particular incident of sexual assault; ####
(2)protects the alleged victim as necessary, including by prohibiting retaliatory harassment; ####
(3)minimizes the prejudicial impact of the policy, to the extent practicable, on both the alleged victim and the alleged perpetrator, and allows the alleged victim and the alleged perpetrator to complete their course of study at the institution with minimal disruption; ####
(4)protects the privacy of both the alleged victim and the alleged perpetrator by ensuring that information about the alleged sexual assault and the individuals involved is not revealed to third parties who are not specifically authorized to receive such information in the course of performing their regular duties, except that such policy shall not preclude the alleged victim or the alleged perpetrator from making such disclosures to third parties; and ####
(5)minimizes the burden on the alleged victim when taking steps to separate the alleged victim and alleged perpetrator. ###
(c)Special Rule The policy developed under subsection
(a)shall not preclude a military service academy from taking other administrative or disciplinary action when appropriate. ###
(d)Military Service Academy Defined In this section, the term “military service academy” means the following: ####
(1)The United States Military Academy. ####
(2)The United States Naval Academy. ####
(3)The United States Air Force Academy. ####
(4)The United States Coast Guard Academy.
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Sec. 539
POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL ASSAULT
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