COMDTINST1754.10B
accordance with Department of Justice, Office for Victims of Crime Sexual Assault Nurse
Examiner (SANE) criteria, will respond.
c. All parties involved shall, throughout the investigative, medical and legal processes, ensure that
the victim's privacy is protected to the greatest extent possible. Failure to protect the victim's
rights and privacy can result in further trauma and re-victimization.
d. All Coast Guard personnel, military and civilian, shall attend mandatory annual training on
sexual assault prevention and response, to include information on rape trauma syndrome,
responding to false allegations, local (state) laws and statutes pertaining to victim's rights and
date/acquaintance assailant profile. This training will be provided or coordinated by the
cognizant EAPC; in coordination with the servicing legal office.
e. Commands shall ensure that each unit has a Victim Support Person identified. This person, not
necessarily attached to the unit, will be recommended by the cognizant Employee Assistance
Program Coordinator to the command for endorsement. The victim support person shall attend
the mandatory 2-day Victim Support Person Training funded by G-WKW-2.
f. If the consumption of alcohol by the victim is a factor in the assault, the consumption of alcohol
will be handled as an alcohol related situation vice an alcohol incident for administrative proposes
and the victim will be referred to screening and treatment. If the screening determines alcohol
treatment is necessary, and the victim refuses or fails treatment, the use of alcohol will be
considered an alcohol incident for administrative purposes.
g. The Coast Guard shall ensure immediate and appropriate counseling intervention for the victim
and the alleged perpetrator as recommended by the EAPC.
h. Privacy Provisions: The Privacy Act and the Health Insurance Portability and Accountability
Act (HIPAA) of 1996 apply to records that contain protected health information. These acts and
regulations place procedural requirements on the use and disclosure of such information. The
Coast Guard Health Care Program may disclose protected health information about an individual
whom it reasonably believes to be a victim of violence or sexual assault to a government
authority, including a social service or protective services agency, authorized by law to receive
such reports if:
(1) The victim agrees to the disclosure; or
(2) The disclosure is required by law and the disclosure complies with and is limited to the
relevant requirements of such law; or
(3) The disclosure is expressly authorized by statute or regulation; and
(a) The Coast Guard Health Care Program, in the exercise of professional judgment,
believes the disclosure to be necessary to prevent serious harm to the victim or other
potential victims; or
(b) The victim is incapacitated and unable to agree to disclose their protected health
information. A law enforcement or public official, authorized to receive the report,
4
Previous Page
