ARMY DIR 2022-10 — Safe-to-report For Victims Of Sexual Assault
ARMY DIR 2022-10 governs the identification and treatment of alleged minor and non-minor collateral misconduct by sexual assault victims.
- Publication number: ARMY DIR 2022-10
- Title: SAFE-TO-REPORT FOR VICTIMS OF SEXUAL ASSAULT
- Date: 07/06/2022
- Proponent: ASA (M&RA)
- Status: ACTIVE
View ARMY DIR 2022-10 on armypubs.army.mil
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It defines collateral misconduct, sexual assault, and discipline, and identifies aggravating and mitigating circumstances for commander determinations. It establishes safe-to-report protections for minor collateral misconduct and addresses administrative requirements, reporting, and duration.
Applies to: The provisions of this directive apply to the Regular Army, Army National Guard/Army National Guard of the United States, and U.S. Army Reserve.
Topics covered
- Collateral misconduct
- Sexual assault victims
- Aggravating circumstances
- Mitigating circumstances
- Safe-to-report protections
- Minor collateral misconduct
- Non-minor collateral misconduct
Questions and answers
What is collateral misconduct under ARMY DIR 2022-10?
Collateral misconduct is any victim misconduct that might be in time, place, or circumstance associated with the victims sexual assault incident. (paragraph 5)
What must commanders with special court-martial convening authority assess?
Commanders in the grade of O-6 and above who possess special court-martial convening authority must assess alleged collateral misconduct against aggravating and mitigating circumstances. (paragraph 6)
What happens when collateral misconduct is determined to be minor?
The victim will not be subject to discipline for minor collateral misconduct. (paragraph 6)
Can safe-to-report protections prevent administrative requirements?
Safe-to-report protections do not preclude the commander from fulfilling certain administrative requirements, for example, referral to substance abuse screening if the minor collateral misconduct involves any kind of substance abuse, referral to behavioral health or medical providers for a fitness for duty determination, or temporary suspension of access to critical positions (such as positions in the Personnel Reliability Program). (paragraph 6)
What discretion do commanders have when collateral misconduct is non-minor?
If the commander determines a victims collateral misconduct is non-minor, the commander retains discretion on whether to discipline and when to discipline. (paragraph 6)