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tv   Public Affairs Events  CSPAN  October 24, 2017 12:00am-12:39am EDT

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example, i understand it's for good order and discipline but for them being the subject of an investigation there's no other reason so my question is, is there an appeals process for them? in the follow-up question, how are the military defense responding to suspects? are they filing motions for relief from awful pretrial treatment? are they seeking mason credit? to know if there's impact on the military justice system. >> i don't know, i'm not an attorney but what i would say is those are good questions for follow-up attorneys in the law i can tell you there is no provision i know of that allow
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the commander to move suspects on any kind of relief because it's not a result of a legal determination. so i would say you have to follow a with the staff judge advocates. >> have a question on seems to me people covered under cap there's a carveout for the expedited transfer. if somebody who would be covered under that is the victim of a sexual so what avenues are available to them? >> kathy will be here in january to answer questions. >> so anybody who falls under that is uncovered. >> from this program, that is
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correct. >> and you have a carveout for that? sony stats from the navy, air force, marines is for his expedited transfers would not cover family members. >> the statute doesn't make it a distinction that just talks about sexual assault. >> so theoretically there could be something on the other side. >> kathy has some data for you no-no on i noticed in looking at that data the 2016 there are 19 pages where the request were an
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expedited transfer was denied, what are those request tonight typically? >> we have all the reasons right. sometimes there undergoing a medical evaluation that lacks amount of being able to be moved sometimes the accused is moved instead. sometimes there's not a credit report and in a few other categories i don't remember. >> to the cases where the court was not credible to have any data about the victim's credibility at trial? so that the defense attorney saying you put in under cross-examination and it was denied and it was denied because your commander in the military police found that there is not credible information.
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>> is a possibility but because the numbers are small and in addition if there's a credible evidence at that time that might end up in an unfounded case for this make guess with knowing how the data works. i cannot answer directly for t the. >> connect the data transfer determination could have an impact on whether a case could be shepherded through. >> it's really possible. >> expedited transfer request they link men after the court-martial when the suspect is found not guilty. so depending on when the transfer request comes in is when they're looking at the evidence before them. just because there's a credit reported that roman doesn't mean
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there's not more evidence, and later on. >> my primary concern is the impact on the victim should they find him or herself at the witness stand and earlier in the process they were denied and expedited transfer. >> i say that would be exceptionally rare, this last year there only three cases out of about 700 where credible report they didn't move the person because there was a credible report and that information about the category and you can see all the reasons why people didn't move. >> but you mention that in deciding it's also the needs of the member balance with the
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needs of the services. and he said you want to meet the victims need while balancing mission requirement needs. do the other forces have the same need built-in. >> they're looking for fit based on reasons request was made and also at the needs of the navy are in the needs of the professional going forward. we don't want someone who's an aviation technician where they can't work on aircraft. these are looked at with their navy personal command. if there's some trade space there it's trying to find out what's the best fit for the navy. >> are victims are encouraged preferred locations managing expectations and within manpower their goal is to keep them
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within the mos and put them in a place because they're tracking this marine throughout their career and that monitors providing an overlooked to make sure that where they're going is still going to move them forward. they make every effort to move the marine out of there and into a location that would not assist them in moving forward. >> one is pretty simple question i didn't hear specific mention and apparently ties into the retention rate but in this questionnaire being done i heard it said it's not supposed affect the creator of the person being transferred. question about whether the
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person feels they've affected their career long the way? >> i can't break that out. >> in general i have a question that says folks that experience sexual assault in the past year and the question is, did you take any active steps to separate or did you think about separating. that information is in the workplace survey and i can provide that back. >> one of the criteria we heard. >> by the way, i want to thank you all for coming here. it would be important to know retention rates may reflect whether they think their career was hurt but it also might reflect the nature of the sexual
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assault it seemed to me to tie whether they think their career has been affected would be important for the expedited transfer request to know. >> it is. i do have some data that talks about their career. the vast majority of the folks ago through next data transfer say their experience with their living situation is about the same or better. with their support their meant medical and healthcare posters about the same their career possession might be a little bit less. the challenge is the number of people in the next expedited transfer bucket is about 700 every year versus several thousand that may have experienced sexual assault and not reported in the not gone through the process. as a result my numbers in the survey get a little fussy.
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>> i have another question, the number of unrestricted reports requesting transfer in the navy are three times are twice as high as some of the other services. is that because of the nature of the navy on ships are wise that's much higher? >> we were somewhere between 20 and 30% of our unrestricted reports, some of that probably does have to do with expeditionary nature of how we do business particularly if there's a victim is looking at ongoing services and support. there on a ship that's ready to deploy on deployment that may drive the number of. that's just speculation. >> is three times the size they are force and twice as high as the army and still 50% more than
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the marine corps does anybody know why that is? >> to break out the request by the nature of the complaint whether it's penetrative or non- penetrative offense? do we know? >> they do not take it out. >> to my knowledge we do not break it out. >> not within this process, no. >> i'm sure we have more questions. >> as i understand the definition of a transfer it could be moving a person from upstairs to downstairs one side of the base to another, or
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theoretically in an aircraft carrier may be not even off the boat. but the goal is to minimize thing counters between the victim and the alleged accuser. to have any data about how many times a person is not geographically move but consider transferred? >> i do in a general sense. i have numbers about how often results in a pcs move versus the unit or duty transfer. they don't have anything underneath that. essentially there are 62 requests for unit or duty transfers that would be a pca across the basement. and in 2016 there 684 request for installation transfers.
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>> so the victim decides what level they want to be transferred? >> oftentimes that's part of their request. >> is a transfer considered to be granted when they are asked for a pcs move and are getting given in interbase move? >> if they've requested a pcs move that doesn't satisfy their needs at that time, then that's a reason they could appeal to the general officer. >> i have a question and i know the coast guard is not for the dod, but the 72 our action timeline to hear you correctly that your decision-making line is two weeks? >> to express to make a decision but we find the timeline is
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faster. >> does a statue require 72 hours or is that dod policy? >> it's upon reporting for us to receive the actual request. >> once it comes we have up to two weeks to adjudicate the request. sometimes we do have to go back to the command if we don't know where the current firm support network is early want to engage to find the best fit for their member with their career progression. most of the times for processing these within a few days. >> in your office. >> we are geographically located at coast guard headquarters but the coast guard center we are our own unit. >> and just trying to understand the structure. if you deny this command is making that decision in his the next flag officer?
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>> we have her own flag officer so the next flag officer in the chain of command will make a recommendation. if it's a denial will go to the victims to plague officer said could be a district and the request will be sent to pse. the review it and make a determination at that time. >> thank you. we very much appreciate having this data. but the coast guard is not reflected in that data. to we have the ability to get from you the coast guard similar data about expedited transfer numbers and denials? >> i think we provided -- we had i believe 18.
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>> in the attachments. there is one instance of a denial that should've been imitated in there. that had to do with an unrestricted report regarding the victims own misconduct. the victim was being processed and separated from the coast guard the alleged perpetrator was a civilian who lived in michigan and the victim was receiving support services in florida. >> my question is personnel related. most of your helpful in describing your processes and procedures for processing transfers. my question and i assume everybody like someone if it's an accused will be transferred.
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how many people will have access to that information? placing the commander will be notified the getting someone as a result of an united transfer and they been accused of sexual assault my experiences that may be other people have access to that information in the unit. what kind of internal controls and processes are in place? >> for the navy we do not fight personal records of sexual assaults. >> nobody's record is like. we never flake records of victims. of sexual assault for service members accused of sexual assault, and investigation is ongoing, that command is responsible for insurer personnel command to swerve it that sailors suffer orders at
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that time. have orders that will be transporting some point in the future or the working of future orders because it's their normal rotation date. have to say put that first on hold but we take care of this issue figure out what the outcome will be. in no time in the personnel system is a record flaked for a subject or victim. i know that answers your question. >> for the air force, i said i would get back to the committee, wasn't sure exactly what the commander receives in terms of information about the alleged offender. my office works closely with the air force personnel center. the director of the air force personnel center and one other
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person has access to this information so they keep it very restricted to no more than two people. >> so the files are not flaked for the victim or the alleged perpetrator when you look at her personal system it only shows up as a pcs transfer within the system. the bid date and unit change in that will be it. his first confidentiality for the case that's been briefed with the senior command official so your ceos of the unit have that knowledge. >> for the army the victim is not flaked. as far as what the file looks like for the subject i would need to get in touch with hrc,
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i'm not aware of that. >> the victims are never flaked in the marines. i will need to go back and get into the details as to who has access to those records. i believe there is commander review. i'll need to go back and get clarification it's to who has access. >> does that mean for all of you for example that if someone is the victim of a credible sexual assault allegation there's nothing to. >> that could be a different issue altogether. >> wouldn't that affect where they would be. >> as their subject so navy would be atypical for subject to be moved other than within the same chain of command maybe from a squadron to wing level.
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doesn't mean they'd have their clearance suspended or down armor. the things are up to the comma command. >> of the file is not flaked, how is this information exchanged and how are these things accomplished? >> the individual within the unit they were in and the officer is aware of it. >> just to clarify, there's a process at which most of the criminal investigation notify command and rituals under investigation. that commanders responsible a special program access, anything else going on personnel wise and all that stuff. that's different from plaguing a record. >> for an alleged victim do we have any knowledge or data on the possible abuse of this transfer program?
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or they asked for an expedited transfer to get an assignment? we talked so much about it's up to the commander to make these decisions, do you know what type of training we provide to assist in making decisions? >> with regard to making a false allegation to get next for data transfer, i don't have direct information. i can tell you the rates of cases determined to be on found are no different, maybe a percentage point or two in between cases that receive an expedited transfer that some of the data out be bringing back in january 2 can see that. cases going forward in the system you remember when i was
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walking through the different charts of how cases go forward, i can do that for cases for those that did not receive an expedited transfer and you can see for yourself the percentage of cases for cases go forward or down and they're largely identical, within a percentage point or two. a bring that back and you can look for yourself. >> did i understand you correctly and saying if the victim has asked for a particular type of transfer but a different is awarded that would be considered a denial? >> i think they would be able to appeal that. i have a couple of cases where there is to the marine corps
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where they offer the pca instead of a pcs. there's one for the air force where there placed in a squadron with victim approval. there's nothing in our policy that says if you didn't get the request met, that you cannot get go forward and asked for an appeal. >> to any branches operate differently than that? >> you mentioned to the navy but it's not a request for an appeal but automatic appeal when you're pointing out differences. >> the initial request is denied the victim has the ability to submit a request for the officer and that's automatic and gets transferred up to the first
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level. >> are you aware of why they chose to make that automatic? >> we just felt like that was the right thing to do. to ensure with these decisions that we've made -- >> i want to follow up on the trip? training. mistry, you said recently included weather giving or receiving about the expedited transfers, is the navy doing any pre-command training including the expedited transfer issue? >> yes. that's included. when they assume command of the triad get a brief from sexual assault response for nader leg
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of the local policies and processes. the training occurs at that point. >> is that the case for the air force? >> this man. training occurs not therefore space bar the commanders. in addition, within 30 days of sexual assault coordinator must provide additional training for commanders when they report their base upon assumption of command. there's also additional training provided the training includes an expedited transfer. >> same for the coast guard? >> i need to get back to. >> in the army? >> yes within the 30 days of the command. >> part of the dod construction
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part of the pre-command training standards is training on the expedited transfer. >> if i may follow up on the training. it's related to -- i wrote it down, it's related to both training and then he had flaked the items that commanders shall directly council service members about. there's four things small letters. the first one is reasonably conceivable career impact. how are commanders trained on these pieces to director council service members in light of the fact that were not sure that we have data on career impact so
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it's a two-part question. generally how are they trained on these things in terms of content and that in method of counseling because that's the word used and how is that done in light of were not sure we have data on careers. >> i cannot speak specifically to start is really set the standards at the dod level. the intent behind that was the victims were in a particular school how that were affected as are going through a crisis moment and they want to leave the area it's up to the commander to explain that maybe a spot in that the school be available. also the very narrow area we talk about their roles, there's only so many positions. sometimes those positions are difficult to get at.
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if you have a military spouse, getting the two spouses together and their required duty area is difficult. that's the intent. summons went through a crisis moment talking to the victim advocate cynicism down to say i know you want and expedite transfer but these are the impacts to your career. some victims have duty stations for they get a bonus for accepting the job. any impact on that bonus if they now decide to leave. i was intent behind that. in terms of training we only have general training requirements. >> have time for one more question.
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>> a wrap up with a question regarding the training. you said that you get pre-command training but no one has said is what is the extent, the scope, the length of that training, was the quantity and quality of the training? the reason i asking as a former advocate myself i would do were training and i was given 30 minutes. you can see were the conundrum comes in. . . >>
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>> there will be convenient and some they have several but we don't expect them to be experts that we do expect them to know what procedures to do immediately to support the victim and begin us in the edification of the investigation and to reach out to the resources so the expert to come in and advise them of their responsibilities and how best to execute them. >> that is more than you wanted you are right there is a lot of information they know where to go to get it and that may be sufficient. >> just touche summarized the gist of the trading that
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this is where you go to resource and staff the issue. >> at is part of it but that the media understanding of the responsibilities that we expect them to walk away with and have that knowledge. >> i concur for the marine corps that provides that three hour window to provide training it was shut down act and hour and a half but then they were afforded another opportunity to come back on monday so they recognize that hour-and-a-half was not covering what they needed. with respect to a commander needing training how to redress the progression that
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is a commander's role to be aware and then to progress for word in a career as part of the a commander. and this is to take into consideration our structure is well versed so with that restores a brief to lock gone to that resource with of immediate response to make sure the of services is continuous.
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>> we are challenged with time as well so we have invested to higher curriculum to help figure out the strategies to make sure they can walk away because they always have opportunity so we do use application based scenario and training to know those responsibilities to walk out with flow charts and reference materials to use that curriculum design expert and with continuous
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improvement with those training aspects especially for our commanders. so those that our trained to be subjective by a most proud of the year for civility with the professional development commanders have access to the managers who make sure they are professional development to reach out and don the officers side. to have the function of the manager. at that immediate level at the command level. and with a lot of resources to build that career and
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help to communicate the impacts on their career. >> with the coast guard i cannot specifically speak to individual training because i don't have knowledge about that but to have a very active training regimen that we educate on this so to have a central point for commanders to go to to ask questions my role is to answer those questions with their not sure how policy is working we have a ford leading message to say we're here to answer your questions you want to be your call center to try to work through these challenging issues. >> foreign the army i cannot speak to the sacked detail the scope of the length of
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training that we do have an academy of developers like the air force mentioned that do work on all of the training and in addition they have been working on initiatives that are commander specific with all the different types they have been designing those specific curriculum's also that 30 day meeting is to build that report as well. >> thanks to everybody for coming thanks for your time and your expertise and we will have a 10 minute recess.
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[inaudible conversations] >>

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