https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN36462-ARMY_DIR_2022-13-000-WEB-1.pdf
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2022-13 (Reforms To Counter Sexual Harassment/Sexual
Assault in the Army)
1. References. See references enclosed.
2. Purpose. This directive implements immediate modifications to the Sexual
Harassment/Assault Response and Prevention (SHARP) Program to address select
findings and recommendations contained in references 1b and 1g.
3. Applicability. 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.
4. Background. The Fort Hood Independent Review Committee provided
recommendations to improve the effectiveness of the SHARP Program. One year later,
the Department of Defense (DoD)-directed 90-day Independent Review Commission
provided comprehensive recommendations across DoD to counter sexual assault in the
military. Leaders throughout the Army are committed to addressing and implementing
recommendations from both of these reports, where appropriate. This directive
announces changes to further reform the Army’s SHARP Program while a larger effort
on systemic improvement continues.
5. Policy.
a. Sexual harassment complaint investigations. Effective immediately, if sufficient
information exists to permit the initiation of an investigation, commanders will appoint
investigating officers (IOs) from outside the subject’s assigned brigade-sized element to
conduct sexual harassment complaint investigations under Army
Regulation (AR) 600–20, chapter 7.
(1) Sexual harassment complaint investigations will comply with processing
timelines established by Title 10, U.S. Code, section 1561; DoD Instruction 1020.03;
and AR 600–20.
(2) IOs must meet qualifications specified in chapter 2 of AR 15–6.
(3) Exceptions. Exceptions requiring appointment of an IO from the same
brigade-sized element as the subject will be approved in writing by the first general
S E C R E T A R Y O F T H E A R M Y
W A S H I N G T O N
SUBJECT: Army Directive 2022-13 (Reforms To Counter Sexual Harassment/Sexual
Assault in the Army)
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officer in the chain of command and included as an enclosure to the investigation. This
authority may not be delegated. Reasons for exceptions may include, but are not limited
to, unit geographic location and type of mission.
b. Military Protective Orders (MPOs). Effective immediately for all sexual
harassment and sexual assault complaints, the first O-6 in the subject’s chain of
command will implement mechanisms to protect complainants of sexual harassment
and victims of sexual assault. As soon as possible, but no later than 6 hours after
determining an MPO is warranted (such as the presence of a threat of physical harm),
the first O-6 commander in the subject’s chain of command will ensure that the subject’s
commander has issued and served a DD Form 2873 (Military Protective Order) to the
subject Soldier, that it has been submitted to the appropriate installation Directorate of
Emergency Service or Provost Marshal Office (DES/PMO), and that a copy has been
provided to the protected individual(s).
(1) When warranted by the facts and circumstances, MPOs are necessary and
effective mechanisms to ensure the safety of Soldiers, Family members, and
Department of the Army (DA) Civilians who report sexual harassment, sexual assault, or
other harmful acts. MPOs, implemented through DD Form 2873, constitute a written
lawful order issued by a commander that orders a Soldier to avoid contact with those
persons identified in the order.
(2) In accordance with reference 1d, MPOs are approved by, “a commanding
officer with jurisdiction over the Soldier.” Any commanding officer in the subject’s chain
of command has authority to sign MPOs. Commanders will—
(a) Follow all procedures outlined in AR 27–10.
(b) Ensure, to the maximum extent practicable, complainants, victims, and
subjects avoid contact in accordance with the MPO.
(c) Inform the subject of the MPO that disobeying an MPO is a violation of the
Uniform Code of Military Justice and may result in judicial, nonjudicial, or adverse
administrative action.
(d) Inform complainants and victims of the limitations and ramifications of an
MPO, that MPOs may not be enforceable by non-military authorities, and that they have
the ability to also seek a temporary restraining order (TRO) and/or civilian protective
order (CPO) issued by a judge, magistrate, or other authorized civilian official.
Commanders should refer victims to sexual assault response coordinators (SARCs),
SUBJECT: Army Directive 2022-13 (Reforms To Counter Sexual Harassment/Sexual
Assault in the Army)
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victim advocates (VAs), and the installation Office of the Staff Judge Advocate for
assistance in obtaining a TRO or CPO.
(3) Immediately on receipt, the installation DES/PMO will notify the appropriate
civilian authorities of the MPO by entering the MPO into the National Crime Information
Center (NCIC) Protective Order File. The installation DES/PMO will generate a Law
Enforcement Report in the Army Law Enforcement Reporting and Tracking System:
MPOs will not be entered into a raw data file. Only after confirmation that the DES/PMO
is not able to enter MPOs in the NCIC system due to State statutes, the PMO/DES will
forward the MPO to the United States Army Crime Records Center for entry into NCIC.
c. Disposition and Status Disclosure to Sexual Assault Victims. In addition to the
requirement in AR 600–20, paragraph 7–5t, to provide status updates to victims within
72 hours of each recurring Sexual Assault Review Board (SARB), brigade commanders
(or brigade-equivalent commanders) will also notify the Soldier-complainant within
2 business days of receiving the final outcome of any judicial, non-judicial, or
administrative proceedings. This duty is not delegable. This policy does not change the
responsibilities requiring VAs and SARCs to provide information to victims in their care.
d. Involuntary Separation Policy. Commanders will initiate involuntary administrative
separation proceedings for all Soldiers against whom there is a substantiated complaint
of sexual harassment unless the Soldier is otherwise punitively discharged or dismissed
from the Army as part of a court-martial sentence. Separation proceedings will be
processed through the chain of command to the separation authority for appropriate
action.
(1) The requirement to initiate involuntary separation proceedings for all Soldiers
against whom there is a substantiated sexual harassment complaint will not interfere
with the Soldier’s right to appeal an administrative investigation substantiating a
complaint of sexual harassment. Involuntary separation proceedings will be initiated
after the Soldier’s appellate rights have been exhausted as they relate to an
administrative investigation substantiating a sexual harassment complaint.
(2) Rehabilitation.
(a) A commander may rehabilitate a Soldier against whom there is a minor
substantiated complaint of sexual harassment, as determined by the commander in
consultation with the servicing judge advocate. The first O-6 commander in the subject’s
chain of command will make a determination as to whether a substantiated sexual
harassment complaint is minor.
SUBJECT: Army Directive 2022-13 (Reforms To Counter Sexual Harassment/Sexual
Assault in the Army)
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(b) Efforts to rehabilitate a Soldier deemed to have engaged in a minor
substantiated complaint of sexual harassment will include the following components:
sexual harassment refresher training, individual corrective counseling, and monitoring of
behavior for a period of time as determined appropriate by the first O-6 commander in
the Soldier’s chain of command.
(c) Exceptions. Substantiated complaints wherein the offender attempted or
engaged in quid pro quo behavior, sexual touching offenses where the offender was the
superior in a superior-subordinate relationship, or substantiated complaints involving
repeat offenders are not appropriate for rehabilitation.
e. Commanders will publish the nature and results of all judicial, non-judicial, and/or
administrative actions taken against the offender (including letters of reprimand) and
disseminate this information to troops via unit newsletters, bulletin boards, and other
communications channels. All actions will be appropriately redacted to comply with the
Privacy Act of 1974 and to protect victim privacy. Prior to publication, redactions
required by the Privacy Act will be approved by the servicing Office of the Staff Judge
Advocate or Brigade Judge Advocate.
f. Connect to Care. Commanders will ensure that Soldiers, DA Civilians, and
Family members who seek assistance with any Army agency requesting SHARP
services receive a direct handoff to a SARC or VA. SHARP professionals will provide a
personal handoff to other agencies if assistance beyond SHARP is required, such as
advocacy and support services through the Family Advocacy Program (FAP) or for
behavioral health, medical, or legal assistance. A personal handoff requires a direct
communication and introduction to responsible staff at the appropriate on- or off-post
agency and follow-up to ensure needs were met.
g. Commanders will ensure that SHARP policy memorandums and a list of victim
services are posted on unit bulletin boards and all high-traffic locations, including dining
facilities. Posted details for SHARP services will include location, phone numbers, and
email addresses for all local SARCs and VAs (military and civilian) on the installation, as
well as the installation of a 24/7 SHARP Hotline and DoD Safe Helpline. Commanders
will safeguard the entitlement of Soldiers to report sexual assaults and sexual
harassment to any SARC and VA (including a Civilian) regardless of service affiliation.
Diverse intake options increase the likelihood a victim will report an incident. Posting will
also include reporting options for sexual assault, complaint procedures for sexual
harassment, and retaliation reporting procedures.
h. The Installation Lead SARC is responsible for tracking and monitoring the aging
and life cycle of each sexual assault and sexual harassment case, and will prepare a
SUBJECT: Army Directive 2022-13 (Reforms To Counter Sexual Harassment/Sexual
Assault in the Army)
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written semiannual report for the senior commander. The senior commander, through
the Installation Lead SARC, will identify and resolve bottlenecks or delays for individual
cases.
6. Proponent. The Assistant Secretary of the Army (Manpower and Reserve Affairs)
has oversight responsibility for this policy and will ensure that necessary internal
controls are in place to comply with this directive. Within 2 years of the date of this
directive, the Provost Marshal General will incorporate the provisions of this directive in
AR 190–45 and the Deputy Chief of Staff, G-1 will incorporate its provisions into
AR 600–20 or a superseding publication governing the SHARP program.
7. Duration. This directive is rescinded on publication of the revised regulations.
Encl Christine E. Wormuth
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Futures Command
U.S. Army Pacific
U.S. Army Europe and Africa
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command/Army Strategic Command
U.S. Army Cyber Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
U.S. Army Corps of Engineers
U.S. Army Military District of Washington
U.S. Army Test and Evaluation Command
U.S. Army Human Resources Command
(CONT)
SUBJECT: Army Directive 2022-13 (Reforms To Counter Sexual Harassment/Sexual
Assault in the Army)
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DISTRIBUTION: (CONT)
Superintendent, U.S. Military Academy
Commandant, U.S. Army War College
Director, U.S. Army Civilian Human Resources Agency
Executive Director, Military Postal Service Agency
Director, U.S. Army Criminal Investigation Division
Superintendent, Arlington National Cemetery
Director, U.S. Army Acquisition Support Center
CF:
Principal Cyber Advisor
Director of Business Transformation
Commander, Eighth Army
REFERENCES
Enclosure
a. Title 10, U.S. Code, Subtitle A, Part II, Chapter 47 (Uniform Code of Military
Justice), Articles 90 and 92
b. Department of Defense (DoD), Hard Truths and the Duty to Change:
Recommendations From the Independent Review Commission on Sexual Assault in the
Military, 2 July 2021
c. DoD Instruction 1020.03 (Harassment Prevention and Response in the Armed
Forces), 8 February 2018, incorporating Change 1, effective 29 December 2020
d. DoD Instruction 6400.06 (DoD Coordinated Community Response to Domestic
Abuse Involving DoD Military and Certain Affiliated Personnel), 15 December 2021,
incorporating Change 1, effective 10 May 2022
e. DoD Instruction 6495.02, Volume 1 (Sexual Assault Prevention and Response:
Program Procedures), 28 March 2013, incorporating Change 6, effective
10 November 2021
f. Under Secretary of Defense (Personnel and Readiness) memorandum (Safe-to-
Report Policy for Service Member Victims of Sexual Assault), 25 October 2021
g. Report of the Fort Hood Independent Review Committee, 6 November 2020
h. Army Directive 2021-16 (Immediate Actions To Improve the Sexual
Harassment/Assault Response and Prevention Program), 5 May 2021 (hereby
superseded)
i. Army Regulation (AR) 15–6 (Procedures for Administrative Investigations and
Boards of Officers), 1 April 2016
j. AR 27–10 (Military Justice), 20 November 2020
k. AR 135–175 (Separation of Officers), 30 March 2020
l. AR 135–178 (Enlisted Administrative Separations), 7 November 2017
m. AR 190–45 (Law Enforcement Reporting), 27 September 2016
n. AR 365–200 (Active Duty Enlisted Administrative Separations), 28 June 2021
o. AR 600–8–24 (Officer Transfers and Discharges), 8 February 2020
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p. AR 600–20 (Army Command Policy), 24 July 2020
q. Headquarters, Department of the Army Execution Order 209-21 (Issuing, Modifying,
or Terminating Military Protective Orders (MPOs) and Subsequent Reporting to Military
and Civilian Law Enforcement (LE) Agencies), 12 January 2022