ESO GUIDELINE FOR CONDUCTING | Page 226

to determine if sexual assualt allegations are without merit.  If more than a few hours are necessary to make the credibility determination, the commander should report the allegation to TRADOC CoE, EOC and the EOC will send the report to DCG-IMT.   Brigade (or any unit) commanders must report all sexual assault allegations to CID, the SARC, and the servicing OSJA, pursuant to AR 600-20, paragraph 8-5. Under no circumstances should the report be delayed longer than 8 hours from the time the commander learns of the allegation.  If the report is made after 8 hours, then an explanation of the delay will accompany the OPREP.  When in doubt, file the OPREP. >           >                   (2)  Serious Incident Reports (SIR).  In addition to the OPREP, commanders will submit a SIR for allegations that are listed as a reportable incident under AR 190-45.  Commanders will also file a SIR if it is determined that the incident may be of concern to Headquarters, Department of the Army, based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.  A sample SIR report is in AR 190-45, figure 9-1. >           >                   (3)  Hazing reports. Commanders will use the OPREP format to submit allegations of hazing as defined in AR 600-20, paragraph 4-20 as a reportable incident under AR 190-45.  Commanders will also file a SIR if it is determined that the incident may be of concern to Headquarters, Department of the Army, based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.  A sample SIR report is in AR 190-45, figure 9-1. >           >            c.  Investigating trainee abuse.  With the exception of sexual assault, commanders will investigate all allegations of trainee abuse, regardless of the nature, magnitude, or source of the complaint, and keep a record of all allegations.  Commanders may use several methods to investigate trainee abuse allegations.  These include a commander’s inquiry, an AR 15-6 investigation, or a law enforcement investigation.  While investigating allegations, commanders will consider appropriate actions to ensure a prompt investigation to protect the interests of the organization. If a trainee who is sexually assaulted desires restricted reporting then allegations of sexual assault should only be reported to the sexual assault response coordinator (SARC), victim advocate (VA), or a healthcare provider and no investigative process may be initiated.  If the information involving the sexual assault of the trainee is disclosed to a commander from sources outside of these restricted reporting avenues, then the commader must report the matter to the SARC and to law enforcement authorities to initiate an investigation.   >           >                   (1)  Preliminary inquiry.  At a minimum, commanders must conduct a preliminary inquiry into every allegation of trainee abuse with the exception of sexual assault which must be reported to CID for investigation pursuant to AR 600-20, paragraph 8-5.  For minor allegations, this inquiry may be as simple as an interview of the complainant and any witnesses to the incident.  Extreme profanity, minor assaults, and improper physical training (PT) are examples of cases that could be properly investigated through the preliminary inquiry. >           >                   (2)  Administrative investigation (AR 15-6).  In more complex cases, the commander will consider use of an administrative investigation, in accordance with (IAW) AR 15-6.  This investigation requires a formal appointment of an investigating officer (IO) by the proper “appointing authority,” and is much more structured than the preliminary inquiry.  Complex cases involving multiple witnesses, victims, allegations, or suspects, may be properly investigated through the AR 15-6 investigation. >           >                   (3)  Law enforcement investigations.  When the commander’s preliminary inquiry reveals credible evidence of criminal acts, the commander will contact law enforcement personnel.  Personnel of the Criminal Investigation Division (CID) and the Military Police Investigations Unit are experts in investigating serious criminal matters such as hazing, rape, sexual assault, or sodomy. >           >            d.  Suspension and/or removal of drill sergeants.  AR 614-200, paragraph 8-17, requires the suspension of drill sergeants when there is a serious incident involving an allegation of trainee abuse, where an investigation is mandated