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+ - [H.A.S.C. No 116-4] MILITARY SERVICE ACADEMIES' ACTION PLANS TO ADDRESS THE RESULTS OF SEXUAL ASSAULT AND VIOLENCE REPORT AT THE MILITARY SERVICE ACADEMIES
+
+[House Hearing, 116 Congress]
+[From the U.S. Government Publishing Office]
+
+
+
+
+ [H.A.S.C. No. 116-4]
+
+ MILITARY SERVICE ACADEMIES'
+
+ ACTION PLANS TO ADDRESS THE
+
+ RESULTS OF SEXUAL ASSAULT
+
+ AND VIOLENCE REPORT AT THE
+
+ MILITARY SERVICE ACADEMIES
+
+ __________
+
+ HEARING
+
+ BEFORE THE
+
+ SUBCOMMITTEE ON MILITARY PERSONNEL
+
+ OF THE
+
+ COMMITTEE ON ARMED SERVICES
+
+ HOUSE OF REPRESENTATIVES
+
+ ONE HUNDRED SIXTEENTH CONGRESS
+
+ FIRST SESSION
+
+ __________
+
+ HEARING HELD
+
+ FEBRUARY 13, 2019
+
+
+[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
+
+ __________
+
+
+ U.S. GOVERNMENT PUBLISHING OFFICE
+35-337 WASHINGTON : 2020
+
+--------------------------------------------------------------------------------------
+
+
+
+
+ SUBCOMMITTEE ON MILITARY PERSONNEL
+
+ JACKIE SPEIER, California, Chairwoman
+
+SUSAN A. DAVIS, California TRENT KELLY, Mississippi
+RUBEN GALLEGO, Arizona RALPH LEE ABRAHAM, Louisiana
+GILBERT RAY CISNEROS, Jr., LIZ CHENEY, Wyoming
+ California, Vice Chair PAUL MITCHELL, Michigan
+VERONICA ESCOBAR, Texas JACK BERGMAN, Michigan
+DEBRA A. HAALAND, New Mexico MATT GAETZ, Florida
+LORI TRAHAN, Massachusetts
+ELAINE G. LURIA, Virginia
+ Jamie Jackson, Deputy General Counsel
+ Dan Sennott, Counsel
+ Danielle Steitz, Clerk
+
+
+ C O N T E N T S
+
+ ----------
+ Page
+
+ STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
+
+Kelly, Hon. Trent, a Representative from Mississippi, Ranking
+ Member, Subcommittee on Military Personnel..................... 4
+Speier, Hon. Jackie, a Representative from California,
+ Chairwoman, Subcommittee on Military Personnel................. 1
+
+ WITNESSES
+
+Carter VADM Walter E., Jr., USN, Superintendent, United States
+ Naval Academy.................................................. 30
+Christensen, Col Don, USAF (Ret.), President, Protect Our
+ Defenders...................................................... 5
+Morris, COL Lawrence J., USA (Ret.), Chief of Staff, The Catholic
+ University of America.......................................... 6
+Silveria, Lt Gen Jay B., USAF, Superintendent, United States Air
+ Force Academy.................................................. 31
+Van Winkle, Dr. Elizabeth P., Executive Director, Office of Force
+ Resiliency, Office of the Under Secretary of Defense for
+ Personnel and Readiness........................................ 26
+Williams, LTG Darryl A., USA, Superintendent, United States
+ Military Academy............................................... 28
+
+ APPENDIX
+
+Prepared Statements:
+
+ Carter VADM Walter E., Jr.................................... 89
+ Christensen, Col Don......................................... 60
+ Morris, COL Lawrence J....................................... 64
+ Silveria, Lt Gen Jay B....................................... 100
+ Speier, Hon. Jackie.......................................... 57
+ Van Winkle, Dr. Elizabeth P.................................. 68
+ Williams, LTG Darryl A....................................... 74
+
+Documents Submitted for the Record:
+
+ Air Force Academy email submitted by Ms. Speier.............. 123
+
+Witness Responses to Questions Asked During the Hearing:
+
+ Dr. Abraham.................................................. 127
+
+Questions Submitted by Members Post Hearing:
+
+ Mr. Bergman.................................................. 134
+ Ms. Escobar.................................................. 132
+ Ms. Speier................................................... 131
+
+
+ MILITARY SERVICE ACADEMIES' ACTION PLANS
+
+ TO ADDRESS THE RESULTS OF SEXUAL ASSAULT
+
+ AND VIOLENCE REPORT AT THE MILITARY
+
+ SERVICE ACADEMIES
+
+ ----------
+
+ House of Representatives,
+ Committee on Armed Services,
+ Subcommittee on Military Personnel,
+ Washington, DC, Wednesday, February 13, 2019.
+ The subcommittee met, pursuant to call, at 2:13 p.m., in
+room 2212, Rayburn House Office Building, Hon. Jackie Speier
+(chairwoman of the subcommittee) presiding.
+
+OPENING STATEMENT OF HON. JACKIE SPEIER, A REPRESENTATIVE FROM
+ CALIFORNIA, CHAIRWOMAN, SUBCOMMITTEE ON MILITARY PERSONNEL
+
+ Ms. Speier. Welcome, everyone. We are somewhat late in
+starting this hearing because all the women of the House and
+Senate take a picture every year to draw attention to women's
+heart health, and that is why we are all dressed in red today.
+So if you see members who are of the distaff version coming in,
+that is because that picture is still being taken right now.
+ But I think, without any objection, we will start with them
+in absentia, and move forward. So this meeting will come to
+order. My name is Jackie Speier, I am the chair of the
+Subcommittee on Military Personnel, and I welcome all of you
+who are here today, those who are witnesses, and those as
+members of the audience.
+ I was profoundly disturbed when I read the Annual Report on
+Sexual Harassment and Violence at the Military Service
+Academies. The results show that after a decade-plus of
+concerted efforts to address sexual harassment and assault, the
+problem has only grown worse. I believe we all appreciate how
+alarming these numbers are. I cannot stress enough that this
+survey is among the best measures of the prevalence of unwanted
+sexual contact and harassment at any university, company, or
+organization.
+ The survey has been administered for over a decade with the
+same questions and an expert-approved measurement. Sixty-eight
+percent of the students participated. This isn't a blip, a
+#MeToo bump, or some accident. It is a clear illustration of a
+destructive trend and a systemic problem.
+ The report says that in 4 years, occurrences of unwanted
+sexual contact increased from 327 to 747, more than doubling
+the number of sexual assaults at the military academies. Now,
+the term ``unwanted sexual contact'' is being defined in the
+survey by asking very specific questions, which I am going to
+read now, lest any of us think that this is some mild tap on
+the buttocks.
+ The questions are: Sexually touched--the question is:
+Unwanted sexual contact behavior. Sexually touched you, for
+example, intentionally touching of genitalia, buttocks, breasts
+if you are a woman, or made you sexually touch them. Attempted
+to make you have sexual intercourse but was not successful.
+Made you have sexual intercourse. Attempted to make you perform
+or receive oral sex, anal sex, or penetration by a finger or
+object, but was not successful. Made you perform or receive
+oral sex, anal sex, or penetration by a finger or object.
+ Those were the questions asked and the answers to those in
+questions doubled from 327 to 747. What makes this even more
+disturbing is that the number of reported sexual assaults
+occurring at the academies remained stagnant. That means the
+numbers went up dramatically, but the numbers who actually
+reported stayed the same.
+ Only 12 percent of assaulted individuals formally reported.
+So we have to ask the question: Why is it that only 12 percent
+of those who have been sexually assaulted, in the terms that I
+have just spoken, did not come forward? Low report should be no
+surprise given that half of those who did report were
+retaliated against.
+ Thirty-seven percent of those who reported experienced
+social ostracism, reflecting a culture defined by victim-
+blaming. Out of these 747-plus assaults and 69 unrestricted
+reports, the academies only convicted 4 perpetrators. Victims
+report at their own peril. That is the message that is being
+sent, because they are more likely to face consequences than
+their perpetrators.
+ The case of Ariana Ballard and Stephanie Gross, former West
+Point students who are presently--who had previously appeared
+before this subcommittee, demonstrate the problem. Ariana, a
+top swimming recruit was ostracized by her peers when she
+reported that fellow swim team members had sexually harassed
+her as a freshman. So who was punished? She was. She had to
+train alone.
+ Stephanie was violently raped the same year, and an
+investigation found insufficient evidence to bring charges
+against her rapist. After Stephanie was raped again, she
+considered not reporting, fearing that, again, no one would
+believe her. Stephanie reported anyway and her attacker was
+convicted of assault, but not sexual assault.
+ Stephanie and Ariana faced mounting retaliation in the form
+of mental fitness and drug tests until they chose to leave the
+academy. This type of treatment for the brave few that do
+report deters the rest. Meanwhile, half of all women at the
+academies reported being pervasively or severely sexually
+harassed in the 2017-2018 academic year.
+ Think about that for a minute. One-half of the women cadets
+and midshipmen reported being sexually harassed. That is 1,622
+future officers who start their careers being harassed by their
+peers. None of them reported formally, not one. Sex harassment
+can be a precursor to assault. We need to appreciate that.
+ The survey also found that only 56 percent of the cadets
+and midshipmen think their peer leaders make honest and
+reasonable efforts to stop assault. So if the peer leaders are
+not people you can trust, it shouldn't surprise us that they
+are not reporting.
+ And despite the Department touting relatively high trust in
+uniformed leadership, that number of 70 percent is worse than
+it was 2 years ago. To live, study, and learn in an environment
+where harassment is so pervasive, expected, and accepted, that
+half of all women are harassed and none report is a stunning
+rebuke in the confidence of the system and a stunning example
+of perseverance by the young women.
+ My colleagues and I have had the privilege to appoint high
+school seniors for admission to the academies. That is one of
+the great privileges we have as Members of Congress. They are
+consistently among the best, brightest, and most accomplished
+young people in our communities. They are earnest, respectful,
+and dedicated, and then they go away to school and we get this.
+I wonder if we are missing something when we recommend them, if
+we should be looking more closely at their moral fitness, or if
+the culture at these schools is that corrupting. Perhaps it is
+a little bit of both.
+ I do know this: Three out of the four high school seniors
+that I recommended for admission this year are women. Women
+will continue to attend the academies and serve our country.
+All three academies' freshman class have at least 24 percent.
+And I understand that next year, the numbers will grow. So the
+number of women coming to the academies is only going to grow,
+and that is why it is essential that we fix this problem.
+ These results don't call for tweaks and adjustments. The
+superintendents have been touting incremental fixes made after
+this survey were administered, but there is no reason we should
+expect adjustments to change the overall trend. This report is
+a scathing indictment of the academies' culture. We need to
+expand our toolbox and use both carrots and sticks to hold
+perpetrators accountable, and to deter others through serious
+repercussions.
+ Academy leaders must promote a strong culture of dignity,
+respect, educate students on right and wrong, and have zero
+tolerance for violations. The superintendents have said they
+are doing much of this, but the problem has gotten worse.
+Leaders must earn students' trust by making good on promises to
+impose severe penalties on predators. They must treat survivors
+uniformly, modeling best practices from other academies. And
+they must address the issues that stem from over 25 percent of
+the students self-identifying as being problematic drinkers.
+ I guess my message really is quite simple. I am putting the
+academies on notice. We are putting all of you in the situation
+where it is time for us to recognize that this is a crisis, and
+I intend to watch it like a hawk. You know, it is time for us
+to elevate the brave women, and some men, who come forward, and
+knowing full well that retaliation is likely, and instead, take
+the kinds of actions against perpetrators that will finally rid
+us of this rot.
+ Today we have two panels. During the first panel we will
+have the opportunity to hear from outside experts who have
+dedicated their careers to these sensitive issues. During the
+second panel, the Department of Defense and the superintendents
+of our military service academies will explain why their
+current approach to this problem have failed, and how we can
+rethink our approaches to sexual violence at our academies.
+ I look forward to hearing from all of you today. But before
+I introduce our first panel, let me offer Ranking Member Kelly
+an opportunity to make some opening remarks.
+ [The prepared statement of Ms. Speier can be found in the
+Appendix on page 57.]
+
+ STATEMENT OF HON. TRENT KELLY, A REPRESENTATIVE FROM
+ MISSISSIPPI, RANKING MEMBER, SUBCOMMITTEE ON MILITARY
+ PERSONNEL.
+
+ Mr. Kelly. Thank you to the Chair. First, I want to
+congratulate Representative Speier on becoming the chairwoman
+of this very important subcommittee on the very important Armed
+Services Committee. I want to welcome our fellow members of the
+subcommittee on both sides. I look forward to working with each
+of you on all the issues impacting our service members and
+their families.
+ I also am very troubled by the results of this year's
+Annual Report on Sexual Harassment and Violence at the Military
+Service Academies. Just as the nation continues to struggle
+with an increase in sexual violence, it is clear that the
+military and our service academies are not immune from this
+crisis. Every cadet and midshipman is told from day one that
+they must rely on each other in order to succeed at the
+academy.
+ The vast majority of cadets and midshipmen treat each other
+with dignity and respect and go on to distinguished careers in
+the military. However, when a cadet or midshipman preys on
+another through sexual assault or harassment, the betrayal is
+profound and shakes the institution to its core.
+ These horrific crimes not only deeply impact the victim,
+they do wide-ranging damage to the entire academy and to our
+society as a whole. The academies have put enormous resources
+and attention towards improving sexual assault prevention and
+response; nonetheless, the problem seems to be getting worse.
+While this is a multifaceted and difficult issue, one thing is
+clear: The results of this survey are unacceptable, and the
+leadership of the military service academies must redouble
+their efforts in order to fix this immediately.
+ Therefore, I look forward to hearing from both of our
+panels today about how to improve sexual assault prevention and
+response. I am particularly interested to hear from the
+superintendents about their plans to address this increase in
+prevalence. I am interested to hear more about the efforts to
+enhance preadmission screening in order to accurately identify
+candidates who have character issues that may preclude their
+admissions. I would also like to hear more about how the
+academies are improving prevention and intervention efforts to
+ensure they resonate with young cadets and midshipmen.
+ Finally, as a former district attorney who has prosecuted
+sex crimes, I would like to learn more about how the academies
+use the judicial and administrative authorities they have to
+hold perpetrators accountable. One case of sexual assault,
+violence, or harassment is one too many. And one case of sexual
+assault that is not reported because of systemic problems is
+unacceptable.
+ I want to hear how each of the service academies is
+proceeding to address this critical issue. With that, I look
+forward to hearing from both of our panels, and I yield back.
+Thank you, Ms. Speier.
+ Ms. Speier. Thank you, Ranking Member Kelly. Each witness
+will have the opportunity to present his or her testimony, and
+each member will have an opportunity to question the witnesses
+for 5 minutes. We respectfully ask the witnesses to summarize
+their testimony in 5 minutes. Your written comments and
+statements will be made part of the record.
+ So now we will welcome our first panel. First, Retired
+Colonel Don Christensen, United States Air Force, who is
+president of Protect our Defenders. And, second, Retired
+Colonel Lawrence Morris of the U.S. Army, Chief of Staff now to
+The Catholic University of America. Welcome to both of you.
+ And, Colonel Christensen, you can begin.
+
+ STATEMENT OF COL DON CHRISTENSEN, USAF (RET.), PRESIDENT,
+ PROTECT OUR DEFENDERS
+
+ Colonel Christensen. Chairwoman Speier and Ranking Member
+Kelly, thank you for the opportunity to appear before you on
+this vitally important topic for our nation's security. As a
+brief introduction, I retired after 23 years' service as an Air
+Force JAG [judge advocate general]. During that time, I served
+twice as a defense counsel, multiple times as a prosecutor,
+including as the chief prosecutor for Europe and Southwest
+Asia, and as the chief prosecutor for the United States Air
+Force. I have served as a trial judge, and I had been selected
+to serve as an appellate judge when I elected to retire.
+ For the last 4 years I have been the president of Protect
+our Defenders, a human rights organization dedicated to
+advocating for victims of military sexual trauma. We provide
+attorneys free of charge, and I, myself, represent clients who
+are going through the often hostile military justice process.
+During this time, I have talked with hundreds of survivors,
+including those from all the service academies.
+ As Congresswoman Speier has very succinctly and very
+correctly identified, there is a huge problem with sexual
+assault at the academies. The one thing that I really think
+needs to be brought to this committee's attention is these
+rates compared to the Active Duty force. Sixteen percent, just
+about 16 percent of the women at the academies are sexually
+assaulted. That is four times the rate of the Active Duty
+force. For men, 2.4 percent. That is three times the rate of
+the Active Duty force. These are sobering estimates, especially
+when we compare to the Active Duty force.
+ Yet accountability for perpetrators is almost nonexistent.
+Last year, only four offenders were convicted at a court
+martial for their offenses, and a tiny handful were discharged.
+This should be a wake-up call for academy leadership. The
+failure to weed out perpetrators means that hundreds of sex
+offenders are commissioned into the Active Force every year.
+That should be very sobering. Every year, hundreds of sex
+offenders are commissioned into the Active Force.
+ We can only imagine the impact this has on the military's
+ability to address sexual assault and harassment throughout the
+services. A service academy commission undoubtedly gives an
+officer an advantage for the competition for promotions,
+command, and ultimately the attainment of general and flag
+rank.
+ The last three Chiefs of Staff of the Air Force and five of
+the last seven have been Air Force Academy grads. The current
+Chief of Naval Operations is a Naval Academy grad. The
+academies have an impact on the Active Force much greater than
+the actual numbers of their graduates. It is for this very
+reason that Congress, the President, and the American people
+must demand solutions to what is going on.
+ However, I fear the reality of the rampant epidemic of
+sexual harassment and assault is not being accepted by
+leadership. I also fear that leadership does not understand the
+level of distrust that the survivors have of the chain of
+command. When I talked to academy survivors, the constant I
+hear is the fear of leadership: the fear that leadership won't
+believe them; the fear that leadership will not hold the
+offender accountable; the fear that leadership will drive them
+from the academies if they report, and the numbers bear witness
+to that.
+ Thirty-one percent of the Air Force Academy women, and 32
+percent of the women at the Naval Academy, do not believe that
+senior leadership is making honest and reasonable efforts to
+stop sexual assault. Almost a third of the women attending
+those two institutions do not trust senior leadership. Is it
+any wonder that women are reluctant to report when they are
+more likely to be forced out of the academies and then end up
+paying hundreds of thousands of dollars in tuition than they
+are to see their perpetrator held accountable?
+ Despite sexual assault being up 50 percent from 2 years,
+and over double from 4 years ago, report rates as a percentage
+have plummeted. Unrestricted reports, the kind of report that
+allows us to prosecute a case, are actually down to 8 percent;
+92 percent of the victims do not report in a way that can
+result in an investigation.
+ We cannot solve this crisis if men and women are afraid to
+report. And, again, what does this mean? That the perpetrators
+are commissioned officers and future leaders on our Active
+Force. Leadership controls every aspect of the discipline
+process. It is time for them to acknowledge that this is in
+their control, and it is time for them to ask, and for you to
+ask, What tool have they not had for the last 20 years that
+they need now? And what promise are they going to make that
+they are actually going to carry out?
+ Thank you, and I look forward to your questions.
+ [The prepared statement of Colonel Christensen can be found
+in the Appendix on page 60.]
+ Ms. Speier. Thank you, Colonel Christensen.
+ Colonel Morris.
+
+ STATEMENT OF COL LAWRENCE J. MORRIS, USA (RET.), CHIEF OF
+ STAFF, THE CATHOLIC UNIVERSITY OF AMERICA
+
+ Colonel Morris. Thanks, Chairwoman Speier and members. I
+will just try to highlight a couple of things from my prepared
+remarks. It was my great honor to serve 30 years in uniform, 27
+of them as an Active Duty judge advocate and 3 as a reservist
+tanker in Milwaukee while I was in law school. I had a pretty
+typical Army career, trying cases all over the world, later
+supervising people who tried cases in normal installations and
+in Bosnia, Southwest Asia. I had the privilege of advising
+commanders, and later on, supervising counsel on both sides of
+the courtroom, including when I served as the Army's chief
+defense counsel, the one job that I did seek during my career.
+ I also was the chief prosecutor at Guantanamo Bay, and the
+SJA [staff judge advocate] or general counsel at West Point. I
+helped initiate the Army's training program regarding sexual
+assault for prosecutors and defense counsel after I left the
+Army, and then I have been at Catholic University since then.
+ I also served on the Response Systems panel from 2012 to
+2014. I am the son and father of West Pointers, and the father
+of a Marine. Today, I am just here giving my own opinions.
+ The four matters I would like to mention--and, first off, I
+expect that I differ little in my biases and expectations from
+Colonel Christensen. We had parallel careers in many respects,
+starting from the same law school in Wisconsin, and I think we
+both have a particular affection for and loyalty to people who
+serve.
+ The first point about data. I am not an expert in looking
+at the data that has been produced, and think at least it has
+to be taken for the idea that there is an intractability to
+this problem. It is not unique to the military, it is not
+unique to the academies, but it is stark in the way it presents
+itself, and poses the question of how to care for, make people
+feel protected and confident in the system.
+ It caught my eye, though, that also there is a relatively
+high level of confidence by the cadets and midshipmen in their
+senior leaders. So we do expect more of the academies--but that
+was a notable contrast.
+ Second, on training. The training is not a panacea, but it
+does work and is part of the solution. I think in the military
+we have what is sometimes considered the conceit that we can
+train out of anything, and train to most any standard and
+ambition or behavior. Tougher to do. Sexual behavior is harder
+to train out of than, let's say, smoking or drug and alcohol
+abuse and those sorts of things. And, in addition, society's
+messages regarding sexuality are not always clear or consistent
+to the emerging adult, and our students at the service
+academies come from that same culture. Still, training plus
+accountability is part of the approach.
+ Third point, on administering discipline. Where the
+military is unique and particularly well-suited to the range of
+sexual offenses because it has a uniquely rich range of
+administrative and disciplinary options, it gives the
+opportunity, rightly exercised, to snuff out the sort of
+precursor behavior and hold somebody accountable, and send a
+message of accountability to survivors and observers, besides
+the person himself who sees the system against him.
+ I am sure as well, though, that my experience isn't unique
+in having taken to trial in military courts cases that civilian
+authorities would not pursue.
+ Last points on some fundamentals of the system and some
+cautions. It seems that one of the key questions you are
+tangling with is whether and how much to trust commanders and
+their counsel to rightly exercise the considerable justice-
+based instruments available to them. If you think commanders
+are unsuited by training, not being lawyers, or perspective--
+considering they might be self-protective or, for some reason,
+disinclined to attack sexual misconduct--then you might want
+another system or a great change to the current system.
+ My sense is that commanders are pledged to care for,
+enforce good order and discipline, and that uniting of command
+authority with discipline authority leavened by the required
+and appropriate involvement of judge advocates along the way,
+is appropriate to the requirements of the service and the
+expectations of command. So disassociating that authority would
+reduce accountability, and not enhance discipline in general,
+nor in the realm of sexual misconduct in particular.
+ Last point, defending soldiers and coaching and training
+defense counsel was the hardest and most rewarding work I did
+in my career. I am also aware of the risks of unlawful command
+influence, and believe, unlike our appellate courts, there is
+such a thing as they call command influence in the air, that
+some participants in the system might be inclined to convict or
+adjudicate harsher punishment based on a perception of a
+commander's predilections.
+ So in fixing the system, it is important still to take care
+to preserve the integrity of that system for all participants.
+ Finally, we should be cautious in seeking justice-related
+metrics such as preferral rates, conviction rates, average
+sentences. They might provide some insight into the workings of
+the system, but alone shouldn't be the major indicators of
+success in combating sexual assault.
+ Thanks for the opportunity to be here.
+ [The prepared statement of Colonel Morris can be found in
+the Appendix on page 64.]
+ Ms. Speier. Thank you, Colonel Morris.
+ Colonel Christensen, what is stunning to me about this
+report is that we see the increase in sexual assault go up
+100--I mean, 50 percent. And we see the incidents of
+retaliation being such a factor in the unwillingness to report.
+Why, in your estimation, has the prevalence of assault at the
+academies gone up so much?
+ Colonel Christensen. Well, from my conversations with
+cadets at the academy, there is a perception among many that
+senior leadership does not care. And as you see, there is such
+a lack of accountability. So for perpetrators, they understand
+that the odds of them ever being punished are almost zero. They
+probably have a better chance of being struck by lightning.
+ So there is absolutely nothing to dissuade those who would
+commit a sexual assault from doing so. And then you have the
+problem of trust. When the women and the men do not feel that
+they can come forward and report without them suffering more
+consequences than their perpetrator suffers, they won't come
+forward.
+ Last, I believe 2 weeks ago, the Air Force Academy finally
+got a conviction of a cadet for digitally penetrating another
+cadet without her consent. He got a whole whopping 75 days of
+confinement, while facing 30 years of confinement. So we have a
+process that doesn't deliver a sentence that deters. And then
+after this happened, from several sources at the academy,
+cadets who have contacted me and said that there is a rampant
+social media campaign shaming the victims. And that is the kind
+of stuff that has to stop.
+ And it has to be an acceptance by leadership that this is
+going on. I think one of the biggest problems is, is that
+leadership hears these numbers but they truly do not
+internalize them as a problem. And I am not necessarily talking
+about the superintendents, I am talking about the people in
+between the superintendents and the cadets.
+ I had an opportunity to meet with the vice commandant of
+cadets at the Air Force Academy last year. I was representing a
+young cadet that they were talking about kicking out after she
+reported. I asked him, have you ever talked to a survivor when
+it wasn't an adversarial process? And he said, I don't have
+time for that. And to me, that was such the wrong answer,
+because you will never know what survivors are going through if
+the only time you talk to them is when you are trying to kick
+them out of the institution.
+ So I think that those people that are in the middle need to
+accept that there is a problem, and they need to be willing to
+ferret out those who are shaming victims.
+ Ms. Speier. One of the issues that comes to my mind, having
+spent time with all of the superintendents over the last few
+days, is that there is really a difference that exists in how
+they handle the cases. For instance, in some of the academies,
+a victim can take a sabbatical. In others, they cannot. Some
+may want to transfer to another academy, and that hasn't been
+an opportunity made available to them. Some have wanted to--in
+some situations, there is going to be recoupment, not just at
+the junior and senior level, but at the freshman and sophomore
+level where a cadet is found to have sexually assaulted.
+ Do you have any thoughts on whether it is time for us to
+make sure that all the academies follow a similar process in
+terms of the kinds of resources that are available to the
+victim survivors?
+ Colonel Christensen. Absolutely. I think it is time for
+them to have a unified front. That cadets and midshipmen
+understand that they are going to be treated the same no matter
+where they are going to school. You know, this has been a
+complex issue that they have taken individually versus in a
+unified manner. So therefore, you know, I don't think there is
+enough of an effort to see what is working at West Point. Is
+that going to work at Annapolis? Is that going to work at the
+Air Force Academy?
+ I also, you know, one of the difficulties that we face in
+the military is we have what we call the uniform military code
+of justice, and the ``uniform'' doesn't mean what we are
+wearing, it means that it is supposed to be the same. And each
+service has their own way of doing things that often pull apart
+what is actually supposed to be uniform. And I think there
+would be great benefit for, especially in the academies, each
+one of them, focusing on how do we do this jointly.
+ Ms. Speier. Thank you. Ranking Member Kelly.
+ Mr. Kelly. Thank you again, Chairwoman Speier. I am of the
+view that we need to fully acknowledge the problem, and we have
+a problem, and I think we are doing that. But we need to get to
+work on fixing it immediately.
+ Mr. Christensen, what are some of the specific things that
+service academies are not doing that they had should be doing
+to reduce sexual assault and sexual harassment, from your
+perspective?
+ Colonel Christensen. Well, I think the number one thing is
+trust, and that trust results in reports. So, for example, in
+the Air Force Academy last year, they had 29 reports of sexual
+assault out of over 200 actual cases. Of those 29, 20 of them
+are restricted reports, which for those, if you don't
+understand, that means they can't be prosecuted. That means
+only 9 people out of over 200 actually reported. And what did
+that get? Well, it finally got one conviction.
+ I think that there is a definite value to training, I am
+not anti-training, I just don't think it is the panacea. And I
+think one of those things, as a prosecutor talking to a
+prosecutor, is to acknowledge that prosecution is one way to
+deter crime. Prosecution is another way to send a message to
+survivors that we are going to take you seriously.
+ The second thing I would say is that I think this is a
+problem across both the Active Force and at the academies, is
+experience levels of the people who are acting as investigators
+and acting as the prosecutors. The services have to commit to
+making sure that we have the most experienced and best people
+doing those jobs. We have a ton of talent in the military, but
+they often get rotated out of those jobs very quickly.
+ And as a prosecutor I think you would agree with this, that
+90 percent of the case is won or lost before it ever reaches
+you by the great work done by investigators. And if they don't
+uncover what you need, it is kind of tough to finish it up at
+trial. So we need to make sure we have the best investigators
+possible. And again, this isn't a slam on the people who are
+doing it, they are very dedicated, very hardworking, but they
+don't stay in those positions long enough to become the experts
+they should be.
+ Mr. Kelly. Thank you very much. You know, as a former
+commander who has administered UCMJ [Uniform Code of Military
+Justice] up to the brigade level, and also as a former district
+attorney and has seen the inside of both the grand jury and a
+courtroom, I think that is very important to look at--how do we
+collect the facts? How do we get the evidence? Because the case
+is only as strong--so very good point, Colonel Christensen.
+ Mr. Morris, you have experience in dealing with these
+issues in both the service academy setting and a civilian
+university setting. What are the differences between how
+civilian universities handle sexual assault and harassment
+claims versus service academies? And are there any best
+practices that civilian universities are using that we can
+adopt?
+ Colonel Morris. The way in which they are differing is the
+adjudicative process, the way in which they are similar and
+should be--I am the rookie here.
+ There is similarity in prevention and education, and the
+great difference is in adjudication. So I don't think there is
+much difference in the way you have to smother your student
+population with information about sexual assault and about
+prevention and about dignity and respect and all of those
+factors that contribute to somebody's behavior.
+ And as I mentioned before, you are taking a product of
+society, and to some degree, reorienting those individuals. In
+the adjudicative process, though, a great difference. Under
+title 10, of course, there is the expectation since the ``Dear
+Colleague'' letter produced by the Obama administration in
+2011, to essentially set up amateur informal court systems,
+adjudicative systems, and they have proved to be really tough
+to manage. All coming from the right impulse of attacking this
+behavior and having a system that has enough credibility that
+it cares for the survivor and sends a message to the other
+students that this process has the possibility of bringing
+about justice. That it stings enough to correct that person's
+behavior, hold that person accountable, and deter others.
+ The difficulty there is it is really quasi in being quasi-
+judicial. You know, you are allowed to have counsel there, but
+they can't speak. There is not direct cross-examination. All of
+the things that are limited because they are just--they are
+created and kind of cooked out of the university's processes.
+ So the contrast is the military system, of course, has that
+full range of administrative and nonjudicial options and
+corrective training and all that available to it, besides the
+cases that are appropriate to get to a court-martial.
+ Mr. Kelly. I agree with Mr. Christensen that training
+alone--we just can't train ourselves out of this crisis. But I
+am at a loss to see how removing the commander and the
+authority of a commander, which has many more tools than--I can
+tell you as a former district attorney and prosecutor, has many
+more tools available than just a prosecution side.
+ I am at a loss to see--do you know any way, Mr. Morris, in
+which removing the commander from sexual assault prosecutions
+improves this situation?
+ Colonel Morris. I think I understand where the impulse is
+coming from, because it comes from a point of frustration of
+feeling like we are many years into this and haven't been able
+to crack it. While understanding that, my sense is almost to go
+more in the other direction, to hold commanders more
+accountable, to be still more demanding on those leaders to
+turn this around, and to use all of the levers that are
+available to them.
+ So the removal of them then makes them less accountable,
+disincentivizes them, as opposed to providing extra incentives
+and the appropriate pressure that the system can bring.
+ Mr. Kelly. Then my final question, Chairwoman Speier, and
+this one I think is really important. Meeting with all the
+service academy superintendents over the last week, one of the
+things that--and DOD [Department of Defense], senior DOD
+officials. One of the things that is apparent is you have got
+dual competing chains of leadership, of leaders. You have,
+number one, the superintendents and all the cadre that are
+professional officers and soldiers and should conduct
+themselves that way. And then you have the peer chain of
+command and the peer pressure from a group. And having three
+children of my own, I understand sometimes the peer pressure
+can be greater than parental or teacher pressure.
+ And so what can we do to reduce the amount of peer pressure
+so that they feel comfortable among their peers reporting, and
+also feel that same peer pressure to keep them from doing
+sexual assaults or harassment. And that is to both--to Mr.
+Morris also, I guess.
+ Colonel Morris. I mean, one of the unhappy results of this
+long-term struggle at all institutes of higher education is
+that there is a pretty well-understood set of best practices in
+terms of education and prevention. You can vary from school to
+school, but there is an understanding of hitting them--I mean,
+at our school, you have to do some online training before you
+walk into class your first day of school in August. And then
+they have mandatory training all along the way. There is this
+thought of what the industry calls booster shots at each year.
+So that as their perspectives on their world change, you are
+catching them again, and you are trying to reinforce the right
+behavior.
+ So it is the sustained aspect of it more than anything
+else.
+ Mr. Kelly. Thank you, Chairwoman Speier, and I yield back.
+ Ms. Speier. Thank you. Mr. Cisneros.
+ Mr. Cisneros. Thank you, Madam Chairwoman. Colonel
+Christensen, could you explain to me just the difference
+between restricted and unrestricted reports?
+ Colonel Christensen. Sure, I would be happy to. So about
+2004-2005 timeframe, Congress looked at the reporting problems,
+and one of the problems was that many victims were looking for
+mental health treatment or medical treatment, talk to an
+attorney, talk to a chaplain or something. But when they did
+that, because we don't have, for example, medical privilege in
+the military, they would go to the ER [emergency room], say, I
+was just raped, I just want treatment, I am not looking for an
+investigation, but they had to be reported.
+ So Congress said, Hey, we need to do something about that.
+So they gave the option of restricted reporting. And so
+restricted reporting allows the survivor to go to mental
+health, go to medical, go to the SARC [Sexual Assault Response
+Coordinator], go to a victim advocate, go to an attorney, go to
+the chaplain, and get whatever service they believe they need
+without it starting a corresponding investigation.
+ An unrestricted report is if the military finds out in any
+other way that there has been a sexual assault, by law that
+must result in an investigation, and by law that investigation
+must be done by one of the criminal investigative services,
+NCIS [Naval Criminal Investigative Service], CID [Army Criminal
+Investigation Command], OSI [Air Force Office of Special
+Investigations]. And so, if a survivor tells her commander,
+that is unrestricted. If a survivor tells a friend, that is
+unrestricted. If a survivor tells OSI, that is unrestricted.
+ Ms. Speier. But that victim also still gets services as
+well?
+ Colonel Christensen. Yes. Yes.
+ Mr. Cisneros. So you just kind of said--can you go through
+that again? Who are mandatory reports? If a victim comes to an
+individual there at the academy, or even the military, who is
+required to report that sexual assault?
+ Colonel Christensen. Anybody other than--anybody who is
+wearing a uniform, other than the SARC, the victim advocate,
+attorney, such as a special victims attorney, medical, mental
+health, chaplain. So if they tell anyone else, that is a
+mandatory report.
+ Mr. Cisneros. So according to this report and according to
+your statement, 92 percent of the victims are choosing to do a
+restricted report rather than to go and tell somebody who would
+have to then report it?
+ Colonel Christensen. Well, what--actually 92 percent aren't
+telling anyone.
+ Mr. Cisneros. Okay.
+ Colonel Christensen. About 4 percent, depending on which
+academy you are at, about 4 to 8 percent are doing restricted
+reports, and somewhere around 6 to 8 percent are doing
+unrestricted reports.
+ Mr. Cisneros. Okay. Colonel Morris, with your experience at
+a university--a civilian university, if somebody came to an
+individual or doctor there at the university, would that
+doctor, physician, counselor, be required to report that
+assault?
+ Colonel Morris. They would not, only under the narrow areas
+in the law where there is mandatory reporting, and of course,
+that is mainly of minors.
+ Mr. Cisneros. Okay. All right. So one of the problems I
+see, and I understand the concern of the victim, right? We want
+to take care of the victim and have their privacy, but if the
+numbers are continuing to increase where they don't feel
+comfortable to where they can report it and it is going to be--
+people are going to go and be held accountable for their
+actions, we are in a situation now, like you said, where sexual
+harassers, people who commit sexual assault are going out into
+the military service now, more or less maybe with the
+opportunity to do it again and commit that crime again.
+ What recommendation would you have to get around this to
+where we can go and make the victim feel comfortable where they
+can do an unrestricted report?
+ Colonel Christensen. Number one is understand what a
+survivor is going through. You know, somebody who has been
+sexually assaulted is usually suffering from PTSD [post-
+traumatic stress disorder], PTSD that is going to affect their
+ability to succeed. A lot of times it can result in minor
+misconduct. It can also result in counterintuitive behavior and
+destructive behavior.
+ What we see too often is that the academies turn that
+natural impulse from being a survivor into a reason to kick you
+out, and that is the message that is being sent. The second
+thing I would say is making sure survivors understand that if
+they choose to want to pursue justice through a court-martial,
+that that is something that if the evidence is there, it is
+going to be taken seriously and done.
+ I think commanders have a role, regardless of who makes the
+ultimate decision to prosecute. I just think that the person
+who makes the ultimate decision to prosecute should be a very
+experienced, seasoned JAG, not a commander. What needs to be
+understood is that within the military there are 14,000 or so
+commanders. There are only about 400 of them that have general
+court-martial convening authority, and only about 140 of them
+actually use it.
+ So commanders have a role every day that comes short of
+prosecution. And when we talk about non-judicial punishment, we
+talk about administrative actions that Colonel Morris talked
+about, those all still exist. But a member--but a survivor has
+to have faith. There was a survey done by the Iraq-Afghanistan
+Veterans of America that was just released a couple weeks ago,
+and they asked thousands of veterans and Active Duty members,
+would you be more likely to report if a prosecutor made the
+decision than a commander? Over 50 percent said yes, only 3
+percent said no.
+ So I think professionalizing the justice system would go a
+long ways to doing that.
+ Ms. Speier. All right. Your time has expired.
+ Mr. Cisneros. I yield back my time.
+ Ms. Speier. Mr. Abraham.
+ Dr. Abraham. Thank you, Madam Chair. As a medical doctor, I
+can tell you it takes extreme courage to--when you are an
+assault victim and survivor to step out of the shadows and tell
+your story. So I agree. This question is for both of you
+gentlemen.
+ I do believe the academies are trying to work this out and
+find the right solution. Specifically, for both of you, what
+programs have you seen that work? And what programs would you
+change to help allow that survivor, that victim to step out?
+ Colonel Morris. I don't have a program as such to
+recommend, I just have watched programs now, particularly when
+I served at West Point, and then watching it in the civilian
+world. The greatest thing is to make no assumptions about the
+experience or perspective of these 17-, 18-, and 19-year-olds
+as they come through the door. And to work from a standpoint
+kind of institutional humility on information they would need
+to make right decisions.
+ We have a little more freedom at a private Catholic school
+to fully bring out issues of how those choices are made and
+framed. But the biggest thing is to have a plan that isn't
+perceived by the students as sort of this obligatory burst of
+stuff, and then they don't hear about it again or then there
+is, you know, a display or something later in the year.
+ It is a, you know, prepared, planned out, sustained program
+that grows as the student works its way through the school, is
+the greatest part, because you don't lose them. And then they
+have a sense that they really must take this seriously, they
+are talking to me about this again.
+ Dr. Abraham. So a continuing education----
+ Colonel Morris. Certainly.
+ Dr. Abraham [continuing]. So to speak. Colonel Christensen,
+do you have any comments?
+ Colonel Christensen. Well, this isn't unique to the
+academies, but I think one of the most important things that
+has been done, and this is, again, a result of the action by
+Congress, was the creation of Special Victims Counsel, Victims
+Legal Counsel program. I think that is the most ground-changing
+legislation that has been passed concerning military justice.
+It is a game-changer for survivors because they have somebody
+in their corner. And beyond that--I will give General Silveria
+credit, he speaks passionately. I think those words need to be
+heard.
+ One of the problems, though, with command being in charge
+is if General Silveria speaks too passionately, speaks
+critically of certain processes, or any of the other
+superintendents do, as Colonel Morris rightfully talked about,
+that creates the perception of unlawful command influence. And
+it is one additional reason why I think commanders need to be
+freed to be advocates for change without having the burden that
+if they talk too much as a commander, too much as somebody who
+says this is unacceptable, that it creates unlawful command
+influence ideas.
+ Dr. Abraham. Okay. And the second question, but again, to
+both of you, the way I understand it, most of the retaliation
+is from the peers. What can we do to prevent that? Colonel
+Morris, I will start with you.
+ Colonel Morris. And I don't have a particular perspective
+on that other than in my prep for this, that really struck me,
+that there seems to be a substantial amount of that, plus you
+see the great contrast in the statistics between the cadet
+trust of their peers and the cadet trust of the leaders, a
+really high level, 80 percent, more or less, I guess, 70--in
+the 70s and 80s of leaders, and in the 40s and 50s of their
+peers. So as you are looking at how do we direct things, the
+peers always have the greatest influence. And in the academies,
+more so, because your life--you don't have much volition in how
+you live.
+ So just looking at it as somebody who once served there and
+looking at the new data, if I were to look where to
+concentrate, it would be on building that trust and changing
+whatever is afoot there that makes the peers not a trusted
+source of support and encouragement and deterrence.
+ Dr. Abraham. Colonel Christensen, do you have a comment?
+ Colonel Christensen. I would say that there needs to be
+greater attention to social media and the impact of social
+media on shaming of victims. From the clients I talked to, that
+is a huge problem is the social media bullying. I know that is
+not necessarily easy for the academy to follow, but I think
+they should make efforts to see what is going, and then when
+they see that that is happening, for example, the people
+shaming the victims in the case last week, that they need to
+speak out about it--leadership needs to speak up.
+ Dr. Abraham. Thank you, Madam Chair.
+ Ms. Speier. For the new members, let me just point out that
+when the plebes come to the academies, they are overseen by the
+senior leadership of the institution. As they matriculate into
+the sophomore and junior years, they are overseen by senior
+leaders within the actual military academy, who are also
+cadets. So it is cadet leadership that is overseeing
+sophomores, juniors, and seniors for that matter.
+ All right. We will now go to Ms. Haaland.
+ Ms. Haaland. Thank you, Madam Chair. Thank you both for
+being here today. And what roles and responsibilities do senior
+academy leaders have in preventing and responding to
+occurrences of sexual assault and sexual harassment at military
+service academies? And, second, how do you believe senior
+leaders should be held accountable for continued increased
+rates of the USC [unwanted sexual contact] at those academies?
+ Colonel Christensen. Well, I think the role is the central
+focus of each academy, what can the superintendent do? They are
+the voice. For those who haven't served in the military, I know
+many of you have, when you are a cadet, people like General
+Silveria and the other superintendents are gods, and their
+words matter.
+ And so being that vocal person, holding people accountable,
+whether it is people on their staff who are retaliating,
+holding cadets accountable who retaliate. I think retaliation
+is just one of those huge problems that they really need to
+tackle.
+ And I am sorry, your second question was?
+ Ms. Haaland. Excuse me. How do you believe senior leaders
+should be held accountable for a continued increase in rates?
+ Colonel Christensen. Well, I say this mindful that they are
+sitting next to me. I would say that there are certain times,
+you know, we need to let people go, move them on if they aren't
+getting the job done. There seems to be, institutionally now in
+the military, a reluctance to hold senior leaders accountable.
+You know, General Eisenhower during World War II fired, I
+think, half his generals over the war.
+ It is almost rare--it is exceptionally rare that a general
+is ever told now, you are just not getting the job done, time
+to move on. And I think that is it. You know, how many times do
+you get to fail before you are fired?
+ Ms. Haaland. Thank you.
+ Colonel Morris. I agree. I don't have much to add other
+than the superintendents are just phenomenally in charge of
+those institutions, even in some ways greater than a division
+commander or some equivalent in the field. So they are able to
+marshal all of that authority and prominence in constructive
+ways.
+ When I was the staff judge advocate at West Point, one of
+the things our superintendent did was went to a lot of women's
+sports games more than he went to men's, just one micro piece
+of making clear that we really all are part of the same team.
+But it then requires at times to leverage that prominence and
+that power to potentially be unpopular by being just inflexible
+on matters like sexuality in particular, and driving home in
+all of the ways you can with those peer and near-peer levels.
+And accountability, same thing. The traditional Army military
+methods of holding senior leaders accountable is, sure, an
+appropriate outcome.
+ Ms. Haaland. Thank you so much. Madam Chair, I yield my
+time.
+ Ms. Speier. Thank you. Mr. Bergman.
+ Mr. Bergman. Thank you, Madam Chair. And thanks to both
+you, Colonel Christensen and Colonel Morris, for your decades
+of service, because as SJAs, and as legal advice to commanders,
+good commanders rely on you for good sage advice to make wise
+decisions on behalf of whatever unit they are in command of.
+That is not easy, and it is not exact.
+ Colonel Christensen, you mentioned--you used statistics
+comparing academy to Active Duty. Did your Active Duty
+statistics include a breakdown of officer and enlisted?
+ Colonel Christensen. It does, although I could not, off the
+top of the head, tell you what it does or what those are.
+Obviously, in the Active Force crime rates are higher among the
+young----
+ Mr. Bergman. The point is, you enter the academy at the age
+of roughly 18?
+ Colonel Christensen. Right.
+ Mr. Bergman. You are coming out of high school. There is a
+pretty good chance you are going to enter the enlisted ranks at
+the age of 18 or fairly close?
+ Colonel Christensen. Correct.
+ Mr. Bergman. And if you are going into an officer program,
+you know, you are going to enter--as you become an officer, it
+is going to be, you know, you are going to be 22, 23.
+ Okay. Mr. Christensen, in your testimony you said that
+Congress needs to either, quote, ``Empower military prosecutors
+to lead the process and decide whether to prosecute cases, or
+if necessary, turn over all academy cases to the relevant
+civilian justice systems,'' end quote. However, back when you
+were on Active Duty you successfully prosecuted many cases that
+civilian jurisdictions simply refused to.
+ And my understanding is that the services still prosecute
+sex-related offenses that would never be taken to trial by
+civilian prosecutors. What is the basis then for believing, at
+this point, that the civilian system would be better?
+ Colonel Christensen. Well, yes, I have prosecuted many
+cases, and I have prosecuted cases that were declined by
+civilian systems. I think to remember, too, is that there are
+cases being prosecuted right now in the civilian system that
+the military would not have prosecuted.
+ Mr. Bergman. What precipitated the change, because you were
+on one side and you were successful. Is there some tool or
+whatever that you used or the folks on your team used to
+successfully do these that no longer exists in the military
+side?
+ Colonel Christensen. There is no tool that--the difference,
+but what we are looking at is a systemic failure at the
+academies, and I did mention that----
+ Mr. Bergman. So what you are--what I hear you saying then
+is that we have a long-term systemic failure that has now
+fallen outside the realm of the services' ability, in this
+case, the academies' ability to utilize the UCMJ effectively?
+ Colonel Christensen. Well, it is clearly not being used
+effectively, if you only have four convictions. There were
+about 70 actual reports that were unrestricted, only 4 result
+in a conviction. That tells me we are not doing a good job of
+that. I am not----
+ Mr. Bergman. What has changed?
+ Colonel Christensen. What has changed since when?
+ Mr. Bergman. Well, what caused the change?
+ Colonel Christensen. I am sorry.
+ Mr. Bergman. Well, if you were successful but now we are
+not being successful, what has changed?
+ Colonel Christensen. Well, I can arrogantly say that I am
+not there anymore, but----
+ Mr. Bergman. That is a fair assessment. Any good commander
+has good faith in their own ability.
+ Colonel Christensen [continuing]. That is not the case.
+ Mr. Bergman. Well, I will tell you what, before we run out
+because my time is--Mr. Morris, do you have any comments on
+that particular situation?
+ Colonel Morris. On the issue of----
+ Mr. Bergman. Of basically transitioning the cases to
+civilian as opposed to under, you know, under the UCMJ as we
+would do it now.
+ Colonel Morris. I do, just because I have thought about it
+a lot, and it is the thing that all of us discussed and argued
+about among ourselves as we worked our way through the system
+from both sides. So I have a pretty strong sense that a system
+that reinforces the authority of commanders in military justice
+is appropriate to the expectations we have of commanders. That
+you have to unite the responsibility, you know, the
+comprehensive responsibility that a commander has for his or
+her people is like nothing else in society. And to extract the
+ability to bring discipline from that makes that commander less
+effective.
+ And it is not to say all commanders are the perfect fonts
+of wisdom or anything. It is not a solitary undertaking. It is
+understood to be, in most respects, with the counsel of a judge
+advocate, and you know, the rules for court-martial require
+that a judge advocate certify that there is sufficient evidence
+to go forward in a case to begin with.
+ Mr. Bergman. Thank you. I see my time has expired, and I
+yield back.
+ Ms. Speier. Thank you.
+ Mrs. Davis.
+ Mrs. Davis. Thank you very much, Madam Chair.
+ And thanks to you all for being here as well. Nice to see
+you, Colonel Christensen, again. I know we were working on
+these issues for many, many years, and rather than go back and
+review some of that, there are a few more specific questions I
+had.
+ One is, Colonel Christensen, you mentioned that one of the
+good stories out of this is the special victims' advocate, and
+I would agree with that. I think that we have at least had good
+reports coming back from time to time, that the training and
+the ability to actually testify on behalf of a victim was
+very--made a big difference really in the way that the victim
+was seen, I think, and understood.
+ Do you feel that that is so in the academies, that the role
+of that Special Victims' Counsel is one that you see reflected
+even for Active Duty the same, or is there a difference?
+ Colonel Christensen. I think they are probably similar.
+Going back to what I talked about before though, what I see is
+a lack of experience. Special Victims' Counsel, all the ones I
+have dealt with, are very dedicated, fighting very hard for
+their clients. But for many of them, the first survivor they
+ever talked to is when they were Special Victims' Counsel, and
+they never talked to one before.
+ I can't specifically speak to all the Special Victims'
+Counsels and VLCs [Victims' Legal Counsel] at all three
+institutions, but the ones I deal with are trying. But what I
+have seen, my experience with them, is that mistakes made by a
+lack of experience that have resulted in less justice than I
+think could have been.
+ Mrs. Davis. Okay. Thank you. I wanted to double-check with
+that.
+ And, Colonel Morris, I know that you have had that regular
+university experience. It is a Catholic university, perhaps
+there are some different expectations there as well. But could
+you speak to really the differences that you see, because we
+would think it would be cultural, perhaps.
+ I am particularly concerned that as sophomores, there is a
+difference at the academies in the rate of reporting that we
+have seen. One can suggest that perhaps the pressure on
+students is different as freshmen. As sophomores there is a
+little bit more freedom.
+ What do you think is different? Because I am wondering
+whether--if you were to look at all that goes on in the
+academies, is there any difference, you think, between the
+pressure that young people are under? We know that it is tough,
+academically it is tough, socially it is tough, physically it
+is tough. I mean, there are differences in--how do you compare
+that to university?
+ Colonel Morris. I think, no doubt, there is an intensity at
+the academies that there isn't an equivalent to in many
+civilian universities. The harder question out of that is then
+what out of that entire package of, you know, heavy
+regimentation, you know, a literal regimentation on so many
+parts of your life, is there any correlation between all of
+that and what looks to be some reluctance, or some lack of
+confidence to report?
+ You know, does it relate to how we are running the academy?
+Does it relate to always being in a minority, right? No matter
+how high the numbers are, you still have three-quarters, 80
+percent, 20 percent split. And when you are looking at all the
+peer relationships, which seems to be such an ongoing concern,
+it is both with the men, but also with other women. You know,
+and are there aspects of even energizing that subpopulation of
+upper-class women to help to fix that----
+ Mrs. Davis. Do you see any reluctance to take a look at
+that on the part of the academies, on the part of others who
+deal with this issue? I mean, how central is it? I am not
+suggesting that that alone is something that we need to be
+aware of, but I am just raising that question as we look at
+those statistics.
+ You know, it is interesting to note the difference between
+freshmen and sophomores and going onto juniors. So perhaps that
+is something that--and I hope our superintendents are going to
+address that in a little while.
+ What--my time is running out. What--any last-minute thought
+about that?
+ Colonel Morris. I am outside my competence on current
+academy operations.
+ Mrs. Davis. Okay.
+ Colonel Morris. But, you know, in--we have looked at--we
+had, for a while, a declining order of confidence as people got
+to be--as women got to be juniors and seniors. We expected it
+to be otherwise. And what it reflected at that time was they
+had kind of a legacy perspective of a not very strong reporting
+culture.
+ And then we saw that change with the next wave who worked
+through, which just reinforced the idea that a continued drum
+beat, then we ended up with juniors and seniors, previously
+with less faith, then increasing the faith through all 4 years,
+increasing their trust in the system through those years.
+ Mrs. Davis. Okay. Thank you. I think my time is up, Madam
+Chair.
+ Ms. Speier. Your time is expired. I would say, Mrs. Davis,
+that one of the things we should look at, though, with the
+Special Victims' Counsel, is how they are being utilized,
+because with one of the victims that I spoke with, she only
+ever talked to her Special Victims' Counsel by phone, so we
+might want to evaluate the actual exchanges that take place and
+whether we need more resources there.
+ Ms. Cheney, you are next.
+ Ms. Cheney. Thank you very much, Madam Chairwoman, and
+thank you for holding this important hearing. I commend you and
+our witnesses for being here today.
+ This is an incredibly difficult set of issues that both of
+our witnesses, I think, have pointed to the fact that it is
+something we are dealing with across the nation, certainly at
+our service academies but at, you know, probably every single
+institute of higher learning. And looking for ways that we can
+address the issue, that we can effectively address the issue,
+and that we can reduce the numbers is a priority for every one
+of us.
+ I wanted to ask a couple of questions. Colonel Christensen,
+you began talking about the issue of restricted reporting
+versus unrestricted reporting. And it sounded to me like you
+were saying that the numbers, in terms of cases that are
+brought to prosecution, are clearly affected by the fact that
+some of the reports are restricted. Can you address that?
+ And I think we all share the view that it is very important
+for victims to be able to get help and support without telling
+them they must absolutely go public. But it sounds to me like
+you were suggesting that the restricted reporting is some sort
+of a difficulty or a challenge.
+ Colonel Christensen. Yes. As a prosecutor, you are
+frustrated by a restricted report because you know that there
+is a crime out there that you can't address. And it is not
+without controversy, restricted reporting versus unrestricted.
+ Ms. Cheney. But are you advocating changing that?
+ Colonel Christensen. No. No. And the reason I am not is
+because for survivors, they tell us it is very important.
+ Ms. Cheney. Exactly. Thank you. I appreciate that.
+ And then, one of the topics that we haven't addressed yet,
+and I would like to hear both of the witnesses' perspective on
+this, is the issue of alcohol. And I think any conversation
+about sexual harassment, sexual assault on college campuses,
+including at the service academies, has to get into this issue
+of alcohol. And I would be interested to hear both of your
+perspectives on what we can better do at our academies on that
+issue in particular, as it relates to these set of attacks?
+ Colonel Christensen. Yeah. I think that is a great
+question, Representative Cheney. Obviously, alcohol is a
+factor. I think it is too easy to look at as a panacea, if we
+get rid of alcohol, it goes away. Well----
+ Ms. Cheney. No, there is certainly no panacea on that.
+ Colonel Christensen. Yeah, it won't go away.
+ I do think de-glamorization of alcohol is important, you
+know. And I think at the academies, it is particularly
+important, because we are talking in a college atmosphere. And
+I think that is where a lot of this responsibility goes on the
+seniors at these academies, who are the legal drinking age, to
+ensure that they are setting the right example.
+ So, for example, I have, you know, talked to academy grads
+who have said, Yeah, I remember when I was a first-year being
+ordered by the senior to find alcohol for him. And my job was
+to bring him a case of alcohol, you know, and you were supposed
+to leave it in the staircase. Okay. That is something that
+needs to be rooted out. You can't have a culture that allows
+that.
+ So, you know, getting at alcohol clearly is something that
+reduces a risk factor for sexual assault.
+ Ms. Cheney. Thank you.
+ Colonel Morris.
+ Colonel Morris. I think you can't emphasize that enough.
+Alcohol plus youth plus first-time unsupervised, there is a
+giant correlation, and I think an indisputable one. And it is
+both the formal stuff, how do you keep it away, the informal of
+managing it even if a person is going to drink, and then
+letting other things go on.
+ You know, there used to be a discussion at West Point
+about, you know, when the Firstie Club would close and the
+seniors would stream their way back to the barracks, not all of
+them sober. You know, we always talk about the harder right. Is
+the harder right some serious crackdown that makes clear to
+those peer leaders that you don't, you know, take the guys to
+New York City to drink underage, but you really do step up and
+provide an example, you know, an unpopular, constructive
+example that has an impact on things like the rates of assault
+that you see.
+ Ms. Cheney. Thank you. And I think, again, I am sure all of
+us on this panel agree that we need to do better across the
+board. But I would like, Colonel Morris, to get your
+perspective on, you know, as we are looking for ways to do
+better and to improve the system, and we look at what is going
+on in the civilian world and we are looking at the possibility
+of removing these cases from the command authority, is there
+something that you see in the civilian world, particularly on
+our college campuses, that would make you think that would
+somehow be more effective?
+ Colonel Morris. No. And we have had a lot of--we have a
+good relationship with the MPD [Metropolitan Police Department]
+here in Washington. But, of course, of course, there is a
+reluctance to try the marginal case in the military. And I am
+generalizing from my experience, but just not my personal one,
+but of my time serving, is much more willing to try the close
+case, willing to take a chance and lose the close case for the
+collateral benefit of serious solidarity with the victim and a
+person knowing you are still brought through the court martial
+process, even if you escape un--not convicted. You have
+exercised the process in a way that has an impact on those who
+observe it, and not just the principals involved in that case.
+ Ms. Cheney. Thank you very much. My time is expired.
+ Ms. Speier. It is expired.
+ Mrs. Luria.
+ Mrs. Luria. Didn't the bell ring for votes?
+ Ms. Speier. They have called for votes, but there is 10
+minutes left and we are going to continue until about 5 minutes
+before, because we want to try and finish this panel before we
+bring the superintendents in.
+ So Mrs. Luria.
+ Mrs. Luria. Okay. Well, thank you very much for being here
+today and talking about this important issue.
+ I just wanted to quote back Mr.--or, Colonel Morris, a
+comment that you made in your opening remarks that you were not
+an expert in looking at the data. And I just wanted to note
+from my review of the data that there seemed to be some sharp
+disparities in the data.
+ It seems that, you know, the number of women that the
+academies over time--we just passed the 40-year mark of having
+women at the academies. Myself, I am a graduate from
+approximately 20 years ago. Are we normalizing this data at all
+as the number of women at the service academies grows, based
+off of the number of women in the population at the service
+academies?
+ Colonel Morris. I can't answer that for you.
+ Mrs. Luria. Okay. And there was a reference by both of you
+early on in your remarks that we have seen a 50 percent
+increase over the last year. And I am looking at the data and I
+am looking at, you know, first, the number of reports for West
+Point, for the Military Academy, went from 43 to 48 reports.
+ And then--well, the way that it is estimated, so cadet--
+this is the blue dots on the chart--cadets estimated to have
+experienced unwanted sexual contact based on the survey
+prevalence rates. The best I can tell is that this is an
+extrapolation from the number of reports to correlate to the
+number of incidents that happened.
+ And if you look at that from the 2015-2016 academic year to
+the 2017-2018 academic year at the Military Academy, for
+example, it looks as though this jumped from 129 to 273, which
+is an alarming amount. However, if you are basing it off the
+number of reports, which more than doubled themselves, could
+this not indicate that we have an improved reporting rate
+versus an increased number of actual incidents?
+ It is very unclear the way the methodology of the report is
+written and analyzing the data, you know, how such a
+significant jump can take place in those--that 2-year period,
+and to discount the fact that actually reporting has gone up,
+because reading the comments of what the superintendents at
+each academy has done, it actually shows that they have taken a
+lot of creative measures to improve reporting.
+ And I did have the opportunity to sit down with the
+superintendent from the Naval Academy earlier this week, and
+just the simple effect of, you know, having moved the location
+of the person that you go report to to a more out-of-the-way
+spot that was not as visible, you know, when midshipmen wanted
+to go report, had a significant impact on their, you know,
+willingness to report in what they felt to be a more
+confidential way.
+ And also during the earlier remarks, I heard you say that
+senior leaders trust, so trust in senior leadership that people
+would report, was an issue. And I read the report, and, you
+know, I was actually quite pleased that at the Military Academy
+it says 85 percent; at the Naval Academy, 76 percent; and at
+the Air Force Academy, 80 percent have confidence that their
+leadership is taking correct action in order to prevent these
+types of incidents.
+ So, you know, I am hearing one tone in your remarks, but
+that is not matching the data that is indicated here. Can you
+explain the difference?
+ Colonel Christensen. So, first, on the data you just talked
+about, so what I broke that down to was the women. And so the
+overall academy rate, for example, might be 80 percent, but at
+West Point and at--excuse me, at Annapolis and at Colorado
+Springs, what you see is among women, who have the higher
+sexual assault rate, their satisfaction rate or confidence rate
+was about 60--or, excuse me, 70 percent.
+ So, now, you can say, wow, that is great, 70 percent think
+you are doing good. When I was chief prosecutor, I had 20
+prosecutors working for me. If a third of my prosecutors
+thought I wasn't doing a good job, I would think I was failing.
+I don't think those are really good numbers, you know, glass
+half full, glass half empty.
+ As for actual----
+ Mrs. Luria. Okay. I think I understand your point on that
+topic, that we disagree on the numbers of confidence that we
+are reporting back----
+ Colonel Christensen. Right.
+ Mrs. Luria [continuing]. From the midshipmen. And there is
+a difference based off of gender, which, you know, could be
+expected, based off of people interpreting the question
+differently or having had different life experiences.
+ Colonel Morris, you also said, quote/unquote, ``I am
+outside my competence in current academy operations.'' So I am
+curious as to when the last time is you visited the academies
+and spoke directly to leadership there, at either the
+midshipmen leadership level, the company officer level, the
+brigade officer level, or the senior leadership, superintendent
+or commandant level to have an assessment from their
+perspective on the effectiveness of these measures that they
+are implementing.
+ Colonel Morris. None at all. No formal contact. I have been
+up there a lot because I found people who have been there----
+ Mrs. Luria. Okay. Thank you. I yield the balance of my
+time. Thank you.
+ Ms. Speier. There is 6 minutes left in the vote. Mrs.
+Trahan, you can go ahead if you would like or we can--no. Go
+right ahead.
+ Mrs. Trahan. Thank you.
+ Thank you so much for your service, and thanks for being
+here today.
+ The survey indicates that there are far more instances of
+unwanted sexual contact than there are actual reports,
+restricted or otherwise. And as you noted, it does seem clear
+that accountability must be clear and consistent to make real
+change. Men and women must feel as though they will be safe and
+the perpetrators dealt justice if they are going to come out of
+the shadows.
+ But you spoke about training being a constant over the
+years while sexual assault numbers continue to rise. I am
+curious to understand if you see any merit in the training
+programs as they are designed today, and what other steps we
+should be taking.
+ Colonel Christensen. Sure. I am not an expert on training.
+I have sat through many of the trainings. I do think trainings
+have important part of this. I think it aware--brings awareness
+to issues. It makes people see things in a different way.
+ I leave it to what I believe are very dedicated experts in
+the SAPR [Sexual Assault Prevention and Response] programs to
+develop that training. I am not critical to training. I am just
+saying, it is not going to end what we are doing. And so, I
+think the right mix of training, how that is done, is left to
+the experts, which I am not an expert on training.
+ As far as, you know, accountability and where we are and
+things like that, you know, going back to the question earlier
+about when--what has changed, well, when we talk about
+accountability at the academies, it has never been good.
+ You know, in the 2003 crisis at the Air Force Academy, I
+believe there were, like, 139 women who said they were sexually
+assaulted, and zero had a prosecution out of it. So when we are
+talking about differences, it is just a decades-long problem
+that hasn't changed. And the question is, how many times are
+you going to say, Well, we are going to change the program, and
+we will get a different result.
+ Mrs. Trahan. Then, I guess, my only other question in terms
+of, you know, culture often reinforces training, what cultural
+factors at the service academies are at play in allowing these
+crimes to continue?
+ Colonel Christensen. Well, I think one of the cultures we
+have talked about is alcohol. I think another culture is there
+is definitely perception there is a different accountability
+level for athletes than there are for the rank-and-file
+members.
+ There was a West Point, I think it was the starting
+quarterback for West Point who had alcohol violations,
+allegations of sexual assault. And, you know, he led West Point
+to a game over--a victory over Navy. I know that is a big deal
+for them.
+ And Navy felt--excuse me, Army failed to tout his virtues
+as a cadet. He had some pretty serious misconduct in his
+background, and so, when you look at victims who are being
+forced out because of what is really minor misconduct, for them
+it is very difficult to understand why there is this cultural
+divide.
+ Mrs. Trahan. Great. Thank you. I yield back.
+ Ms. Speier. Thank you.
+ Ms. Escobar, there is still about 250 to 300 votes that
+have not been recorded, so we still have time. So please go.
+ Ms. Escobar. Madam Chairwoman, thank you so much for having
+this hearing. This is such an important topic.
+ And, gentlemen, thank you for your testimony here today.
+ You know, I--the military, obviously, is a very different
+institution than any other institution, but are there other
+male-dominated institutions that could offer some best
+practices? I know, you know, training you mentioned, we are not
+going to get ourselves out of this through training. But are
+there some best practices that have not yet been embraced,
+adopted, utilized as a way to try to attack the problem?
+ Colonel Christensen. If I were the superintendents, I would
+have Terry Crews at my academies next week. They need to hear a
+voice from somebody like him. He comes from the sports and
+entertainment industry. He has been a survivor. What an amazing
+human being.
+ I think the most important things for people to hear is
+actual voices of survivors. And the difficulty is, it is very
+difficult for a cadet survivor to stand up and talk to the
+cadet wing, because of what they go through. But if you can
+bring in somebody who has instant credibility--and if Terry
+Crews can be sexually assaulted, anybody in the world can be
+sexually assaulted--and so that--leaders like him, who can
+speak powerfully to the issue.
+ Colonel Morris. Nothing to add, other than to--once you
+have a sense of a program in place leave it in place long
+enough to evaluate it. You know, there is always a lagging
+indicator from any kind of training and any kind of
+consciousness raising on most any behavior.
+ You know, the military saw it and attacked it with unusual
+success, with drugs and alcohol and fitness and other things.
+Sex is harder to do anyway. You know, it is not just subject to
+sort of the solitary self-discipline that some of those other
+behaviors relate to.
+ But there is no lack of really excellent programs that have
+worked at places. But, you know, put it in place, have a set
+of, you know, reliable metrics and monitors, and then let it
+work long enough that you know you are evaluating a system that
+has given you, you know, replicable results.
+ Ms. Escobar. You know, the other aspect that was mentioned
+earlier that is very troubling is the sort of social media
+bullying that happens as part of the retaliation, and that is
+something that is obviously prevalent, you know, in every
+aspect of our lives. I mean, you know, kids, middle school kids
+deal with a lot of that in a way that my generation never did.
+My children have had to deal with that in a way that my
+generation never did.
+ But one of the things that I tried to teach my kids was
+about being witnesses. When they witness something, when they
+sense something, you know, about being an advocate. And many
+times that is very, very difficult because then the advocate
+himself or herself faces the same retaliation or similar, or
+sometimes maybe even worse retaliation.
+ But is that a component of the training so that, you know,
+individuals who are witnesses, either through what is happening
+on social media, or witnesses to retaliation or bullying, that
+they have an obligation to stand up and, you know, show that
+strong moral character to speak out and act out?
+ Colonel Christensen. Yeah, absolutely. And to the academy
+credit, all academies, I think they have emphasized very
+strongly bystander training and the importance of bystander
+intervention. The surveys indicate that the self-report of
+people who are bystanders, that they do become involved.
+Obviously, a lot of sexual assault doesn't incur in front of
+somebody else. If it did, it would make it a lot easier to
+prosecute. But, yes, I think, you know, stepping in----
+ Ms. Escobar. But the retaliation----
+ Colonel Christensen. Yeah.
+ Ms. Escobar [continuing]. Sometimes is--many times is not
+in secret, especially on social media.
+ Colonel Christensen. Right. Right. And then I--and then
+they have to feel comfortable that when they come forward to
+leadership, say, I saw this--Boss, I saw this on whatever
+social media site. This is what they are saying about cadet so-
+and-so and bring that to them. And I don't know if they have
+that confidence level.
+ Ms. Escobar. Anything to add?
+ Colonel Morris. Same thing. Social media has been a big and
+recent part of the emphasis, because both of the chatter as
+well as the sharing of images and that kind of stuff. And then
+bystander, same thing. It seems to be one of the most tried and
+true. You know, we show movies about, you know, accidentally
+spilling a drink on somebody to just break the situation, so
+the students then talk about that and realize that is
+appropriate to them and a legitimate expectation of them as a
+fellow student.
+ Ms. Escobar. I yield my time.
+ Ms. Speier. All right. Your time is expired.
+ And we are going to thank both Colonel Christensen and
+Colonel Morris for their participation.
+ We are going to take about a half-hour break so everyone
+can go vote, and then we will be joined by the Director of the
+Department of Defense, Dr. Van Winkle, and the three
+superintendents. Thank you. We are in recess.
+ [Recess.]
+ Ms. Speier. Welcome back, everyone. We are returning to our
+second panel today, and I want to introduce each of them. I
+know them well and have a great deal of respect for them as
+individuals. And hopefully, this will be a very valuable
+opportunity for all of us to get a new perspective on how we
+can address this problem.
+ First on our panel is Dr. Elizabeth Van Winkle. She is the
+Executive Director, Force Resiliency, at the Office of Under
+Secretary of Defense for Personnel and Readiness.
+ Our second panelist is Lieutenant General Darryl Williams,
+the Superintendent at the United States Military Academy.
+ Third, Vice Admiral Walter Carter, who is the
+Superintendent of the Naval Academy.
+ Finally, Lieutenant General Jay Silveria, who is the
+Superintendent of the U.S. Air Force Academy.
+ We welcome each of you now to make your opening statements.
+
+ STATEMENT OF DR. ELIZABETH P. VAN WINKLE, EXECUTIVE DIRECTOR,
+ OFFICE OF FORCE RESILIENCY, OFFICE OF THE UNDER SECRETARY OF
+ DEFENSE FOR PERSONNEL AND READINESS
+
+ Dr. Van Winkle. Thank you. Madam Chair, Ranking Member
+Kelly, and other distinguished members of the subcommittee,
+thank you for having me here today to discuss the results of
+the DOD Annual Report on Sexual Harassment and Violence at the
+Military Service Academies.
+ Two years ago I sat before you and pledged we would do more
+to end sexual assault at our academies. Two years ago, I told
+you how we were committed to promoting an environment where all
+were treated with dignity and respect. I vowed we would work to
+reinvigorate our prevention approaches.
+ I meant what I said, yet I sit before you and deliver news
+too similar to what I reported 2 years ago. Sexual assault is
+on the rise again at the academies. While each of the academies
+developed and implemented action plans that were not yet fully
+in place for the current assessment, Department leadership was
+not complacent waiting for implementation, and therefore,
+another increase in rates is simply unacceptable.
+ Preventing criminal behavior and other misconduct,
+providing care for service members, and holding offenders
+appropriately accountable, have been and continue to be top
+priorities. And yet our most recent data indicates we have far
+to go to eliminate this abhorrent crime.
+ It is devastating to be sitting here again to deliver this
+most unwelcome report. Our data tells us that rates of unwanted
+sexual contact increased by varying degrees across the
+academies, all too high. Rates of sexual harassment also varied
+among the academies, but are also unacceptably high,
+particularly among women.
+ The data also indicated that across the three academies a
+large majority of students think their senior leaders are
+making honest and reasonable efforts to address these
+behaviors, but not all do. These same students rate the efforts
+of their peer leaders much lower, and additional data showed
+declining rates for students watching out for each other to
+prevent these crimes.
+ This tells us that despite our hard work, some cadets and
+midshipmen still feel empowered to disrespect and victimize
+others. And equally challenging, there are some who feel
+neither empowered nor responsible in their daily peer
+interactions to hold each other accountable.
+ The vast majority of cadets and midshipmen are good people
+and will become the strong leaders our nation needs. Yet we
+must show them how to leverage their moral courage to create an
+environment where all can serve with dignity and respect.
+ There is no single fix for this. We cannot blame our way
+out. We cannot train our way out. The Department, Congress, and
+our nation as a whole, has been challenged to crack the code on
+how to change behavior regarding sexual misconduct. But the
+Department of Defense, we are the ones who have been entrusted
+by the country to lead the way. We must lead, and we are
+working to do just that.
+ We will change our approach. What we have done in the past
+may not be abandoned, but we must determine what needs to be
+done differently, what needs to be adjusted, and what needs to
+be implemented anew. We are analyzing the breadth of data we
+have, and we will continue to partner and collaborate with
+other experts in this field who have found strategies that show
+promise.
+ We have already taken some steps. We have hired prevention
+specialists from the Centers for Disease Control and Prevention
+to inform our efforts and assessments. We are enhancing
+reporting procedures that will be available throughout the
+Armed Forces but geared towards the unique concern of our
+cadets and midshipmen and aim to address repeat offenders.
+ We will refocus our efforts and look at the full life cycle
+of cadets and midshipmen from selection through to graduation,
+and work to target our approaches accordingly. Our focus will
+be to not only achieve progress, but to sustain it over time. I
+am optimistic our new direction will render intended results,
+and I sit before you today frustrated but resolved.
+ I have been working in this field for over 20 years, 10 in
+the civilian sector and nearly 10 with the military. I left the
+civilian sector because I felt I was spending too much of my
+time fighting a system that seemed impervious to influence.
+ I am committed to stay with the Department of Defense
+because I have the support of my leadership, and because I have
+witnessed our system make changes over the past decade to
+produce an infrastructure of policies, programs, and resources
+that have benefited our military members and are not found in
+the civilian sector.
+ We are not there yet, but we are committed. No one has
+solved this, and if there were a single solution to eliminate
+sexual assault, we would have done it already. We are
+responsible for behavior change. We take individuals and we
+mold them, we instill courage where there may have been none,
+we impart discipline where there may have otherwise been
+disorder, we create lethal global warriors from young women and
+men who may have never even left their local communities.
+ Eliminating sexual misconduct from the ranks remains a
+challenge, but one we refuse to run from. We will not tolerate
+it, and we will not stop until we get this right. We appreciate
+your concern and support as we work to protect the people who
+volunteer to keep our nation safe.
+ Thank you for the opportunity to come and speak with you
+today, and I look forward to your questions.
+ [The prepared statement of Dr. Van Winkle can be found in
+the Appendix on page 68.]
+ Ms. Speier. Thank you, Dr. Van Winkle.
+ Next, Lieutenant General Williams.
+
+ STATEMENT OF LTG DARRYL A. WILLIAMS, USA, SUPERINTENDENT,
+ UNITED STATES MILITARY ACADEMY
+
+ General Williams. Madam Chair, Ranking Member Kelly, and
+distinguished members of the subcommittee, thank you for the
+opportunity today to talk about the very serious problem of
+sexual assault and sexual harassment at the United States
+Military Academy.
+ I wish I were here to tell you how we have solved this
+problem at West Point, but I am not. Instead, I am here today
+because this abhorrent behavior continues to manifest itself
+within our ranks. Any case of unwanted sexual contact or sexual
+harassment is unacceptable.
+ Our mission is to develop leaders of character for the Army
+who will fight and win our nation's land conflicts, and who are
+ready to lead in the crucible of ground combat. The issues I
+will discuss today have a direct impact on Army readiness.
+Sexual assault and harassment erode readiness and our ability
+to accomplish the mission.
+ I am personally committed to preventing sexual assault and
+harassment, and I am resolute in my commitment to continue to
+seek solutions at West Point.
+ While I am here to talk to you about West Point, I
+recognize this problem is not isolated to West Point and the
+Army. The increase in the number of cadets experiencing
+unwanted sexual conduct is unacceptable and troubles me
+greatly.
+ These acts erode trust, are contrary to our Army's core
+values, and impact readiness. These are situations that no one
+should ever have to experience. As leaders, we must protect the
+welfare of the victims who trusted us, while at the same time
+holding the perpetrators accountable and appropriate for their
+actions in--as appropriate for their actions in accordance with
+due process of law.
+ As we continuously improve our program, we must also focus
+on changing the culture to prevent these acts from occurring in
+the first place. To that end, we are open and welcome to forums
+such as these to find ideas we may not yet have considered.
+While much of what we see within the survey is troubling, some
+of the results are encouraging, and indicate our efforts so far
+having some effect on trust in our organization.
+ Eighty-five percent of cadets surveyed indicated they
+believe the academy senior leaders are taking honest and
+reasonable efforts to stop sexual assault. The fact that cadets
+trust their leadership is a direct result of our continued
+efforts to address this problem. More troubling, though, is the
+lack of trust they have in their peer leaders. This is a
+cultural problem that we must address.
+ When cadets first report to West Point, they bring with
+them a set of values developed over their past 18 years. Our
+job is to take these young men and women and mold them into
+leaders with the character that aligns with the ideals of West
+Point and the values of our Army.
+ We frequently talk about our leader development program as
+a 47-month developmental experience. But when it comes to
+sexual harassment and sexual assault, we don't have 4 years to
+shape their behavior and attitudes. We must prioritize our
+prevention efforts early on in their cadet experience.
+ Moving forward, we will strengthen our education efforts to
+provide cadets the knowledge and skills needed to define and
+address the behaviors that are occurring. We will also continue
+to address cultural challenges, like social media, and access
+to illicit materials that impact our population, with the goal
+of helping cadets think more critically about themselves and
+their relationships.
+ Success in our prevention and education efforts must
+permeate throughout the entire West Point community. Every
+individual working or living at West Point needs to recognize
+his or her role in contributing to this cultural change. Thank
+you for the opportunity to share our work with the committee.
+ I appreciate your feedback and helping us find a solution
+as we are in the business of developing leaders of character
+for our Army and nation. We must set and continue to enforce
+the highest of standards. I look forward to answering your
+questions.
+ [The prepared statement of General Williams can be found in
+the Appendix on page 74.]
+ Ms. Speier. Admiral Carter.
+
+ STATEMENT OF VADM WALTER E. CARTER JR., USN, SUPERINTENDENT,
+ UNITED STATES NAVAL ACADEMY
+
+ Admiral Carter. Madam Chair, Ranking Member Kelly, and
+distinguished members of the subcommittee, thank you for the
+opportunity to appear before you today on behalf of the United
+States Naval Academy.
+ Our mission is to develop midshipmen morally, mentally, and
+physically, and to imbue them with the highest ideals of duty,
+honor, and loyalty. We have a responsibility to ensure that the
+brigade of midshipmen has the opportunity to develop
+professionally in an environment that fosters dignity and
+respect.
+ Despite dedicated efforts by the Naval Academy leadership
+and the brigade, we continue to experience incidents of
+unwanted sexual contact within our ranks. I and the rest of my
+leadership team have actively sought out professional advice
+from the experts on the best strategies to reduce this scourge
+within our student body. While we have made some productive
+improvements, we must do better.
+ We initiated our plan of action this past summer. It is a
+comprehensive approach from admission to graduation and
+includes the following four primary components.
+ First, we continue our rigorous preadmission screening
+process, which relies on required teacher recommendations and
+police record checks to identify potential character challenges
+of those applying to the Naval Academy.
+ Second, we continue to hone our sexual assault prevention
+programs. In addition to updating our student-led training
+program, this past year we launched an interdisciplinary
+evaluation of the entire 4-year leadership curriculum, pulling
+together all themes addressing life skills. This effort more
+closely aligned all programs and resulted in publishing a life
+skills handbook.
+ Third, we have launched several initiatives to promote
+responsible alcohol choices, as we understand the strong
+correlation between alcohol use and unwanted sexual contact.
+Since we put these new initiatives into effect, we have
+experienced a 49 percent fewer alcohol-related incidents.
+ Finally, we must continue to hold perpetrators
+appropriately accountable. All allegations of sexual assault
+are thoroughly investigated by the Naval Criminal Investigative
+Service and receive careful legal review prior to me deciding
+on a disposition.
+ We are not where I want us to be, nor where the Navy needs
+us to be. The Naval Academy must produce leaders that not only
+treat others with dignity and respect, but also demand the same
+of those they lead.
+ Thank you for your time today. I am prepared to address
+your questions.
+ [The prepared statement of Admiral Carter can be found in
+the Appendix on page 89.]
+ Ms. Speier. Thank you, Vice Admiral.
+ Lieutenant General Jay Silveria.
+
+ STATEMENT OF LT GEN JAY B. SILVERIA, USAF, SUPERINTENDENT,
+ UNITED STATES AIR FORCE ACADEMY
+
+ General Silveria. Madam Chair, Ranking Member Kelly, and
+other distinguished members of the committee, I appreciate the
+opportunity today to discuss an issue that is fundamental to
+the health and safety of our cadets at the United States Air
+Force Academy, and of grave importance to our national
+security.
+ Thank you for your dedication to confronting sexual
+harassment and sexual assault, misconduct that has no place at
+our academies or in our military, and for your concern about
+the well-being of our cadets and cadet candidates. I can assure
+you that these are concerns shared not only by myself and also
+by our dedicated staff, faculty leadership, and most
+importantly, the cadets.
+ As Superintendent of the Air Force Academy, I am here on
+behalf of our 4,281 cadets and 203 preparatory school cadet
+candidates, as well as the faculty and staff that are
+developing them into the future of leaders of our Air Force.
+But I am also here as an academy graduate, as a leader of
+airmen privileged to wear this uniform for more than 33 years,
+and as a father of two young members of this same generation we
+are training and educating.
+ From each of these perspectives, the results of the recent
+survey are disgusting. They do not reflect the standards we
+hold ourselves to as leaders. They do not reflect the core
+values of the United States Air Force or our academy, and we
+are committed to addressing these issues head on, to be an
+example for the Air Force, Department of Defense, and society.
+ It is clear our past efforts have not had the effects we
+intended or expected. These results are unacceptable. There is
+no question, even one instance of sexual assault or sexual
+harassment at our academy is a problem. Far too many of our
+cadets have had experiences along this spectrum of harmful
+behaviors from sexual harassment to sexual assault.
+ The survey data shows that our cadets have been harmed, and
+that too many feel they can't come forward for help and
+support. It shows that cadets have harmed the peers they intend
+to serve alongside in defense of our nation. The data does not
+show us exactly why these egregious acts occurred, but we know
+that these are people, not statistics, and that leadership is
+the solution.
+ I am frustrated and angered by the results, but I will not
+rest in my leadership until we get this right. In addition to
+implementing direction from the Department of Defense and
+Department of the Air Force, we are taking action with several
+current and future programs I have highlighted in my written
+testimony that we can elaborate on today and provide detailed
+information on as requested.
+ Holding perpetrators of these crimes appropriately
+accountable is key to our efforts. When a victim makes an
+unrestricted report of sexual assault, we make sure the victim
+is getting necessary care and support, and the Air Force Office
+of Special Investigations begins to investigate.
+ In addition to courts-martial and administrative discipline
+tools, we have a cadet discipline system that allows me to
+disenroll cadets for misconduct, as well as boards of inquiry,
+typically used for officer discharges. For those victims who
+are hesitant to testify publicly, these processes give them a
+voice in a nonpublic setting while affording those accused of
+crimes their due process rights.
+ In recent years, this committee has heard testimony from
+our academies' superintendents, from experts, and from
+survivors on our progress, or really lack thereof, on this very
+topic. I appreciate your continued vigilance on a serious
+problem that requires steadfast attention. Your oversight is
+rooted in a care for our cadets and our military that I
+wholeheartedly share.
+ I also share your frustration, impatience, and anger that
+you may have for the results we have seen this year. I have
+personally met with many survivors, both men and women, one on
+one that come to me voluntarily. I have learned and will
+continue to learn a great deal about their survivor
+experiences. As a commander, leader, airman, and father, their
+stories and their faces rock me to the core. And my motivation
+to change this culture--and they are my motivation to change
+this culture and stop this crime.
+ We invite you to come visit our campus, see our programs
+firsthand, please, and speak with faculty, staff, and cadets,
+who hope that through these interactions, we can work together
+towards improvements.
+ Thank you for this opportunity to discuss a topic so vital
+to the future success of our academy and our military and to
+the health and safety of our cadets. I look forward to your
+questions.
+ [The prepared statement of General Silveria can be found in
+the Appendix on page 100.]
+ Ms. Speier. Thank you, General Silveria.
+ I would like to begin by asking Dr. Van Winkle a general
+question. You have been in this area for a very long time. You
+have done a lot of research. You do a lot of analysis. In your
+experience, what percentage of victims are telling the truth?
+ Dr. Van Winkle. Based on the data that we have, and this is
+Active Duty and at the service academies, we see about 2
+percent of the reports of sexual assault to be unfounded, which
+means that there is evidence that the crime did not occur. So
+it is a vast minority.
+ Ms. Speier. So vast minority. It is 98 percent of those
+that are coming forward are telling the truth?
+ Dr. Van Winkle. Well, what we know is there is a larger
+proportion where we have an unsubstantiated report, and that
+means there wasn't enough evidence to move forward with a case
+of sexual assault, but that is very different than a false
+report. That false report, meaning that the crime did not
+occur, is at that 2 percent.
+ Ms. Speier. So one of the issues that I think we have to
+address moving forward is the fact that there are so many
+restricted reports, and they are restricted because of this
+fear of retaliation. I think that if we get to a place where
+that information is shared, maybe online with Callisto or some
+other company that provides that kind of benefit so that the
+victim can go online, put down information about their
+experience, photographs if they want, identify the perpetrator,
+and then if they see that that perpetrator is, in fact,
+responsible for conducting himself or herself in the same
+manner with others, they are more motivated either to come
+forward in an unrestricted report and hopefully rid the
+military of the predator.
+ Let me ask the three superintendents: Have each of you
+spoken to your cadets and midshipmen about this report? Have
+you had an actual information setting in which you have
+provided them with this information?
+ General Williams. Yes, ma'am, I have electronically through
+the whole corps. My commandant in the last week has. And I--we
+are doing a full West Point stand-down. There will be no
+classes. There will be no sports. There will be nothing but me
+talking to the cadets on the 25th of February. I plan to shut
+down everything and do what we call a stand-down.
+ So I have not had the opportunity to talk to the cadets,
+but my commandant has in the last week. And I have talked and
+sent a note to--immediately after the report came out, I sent a
+note electronically to every single one of my cadets.
+ Ms. Speier. Vice Admiral Carter.
+ Admiral Carter. Madam Chair, I have. I have addressed the
+entire brigade upon their reformation after holiday break. And
+I rarely have the whole brigade together where I do not cover
+this topic. But we covered this topic based on this report, and
+they have heard the details of this report. And to be quite
+frank, the reaction from the brigade was also the same reaction
+that all of us have. It was one of shock. So I don't take that
+as anything that changes that, except the brigade was surprised
+by the results.
+ Ms. Speier. General Silveria.
+ General Silveria. Yes, ma'am. I have addressed the cadet
+wing about this report, and part of that, I told them that I
+was planning on discussing with them. Next week, I have
+sessions planned with all of the classes to discuss this
+testimony. Additionally, I opened up to all of them after I
+explained the report to send me emails, and at this point, I
+have so many that I can't get through.
+ Ms. Speier. General Silveria, I am in receipt of an email
+from the vice commandant, which I would like to ask unanimous
+consent that we submit for the record. And I think the copy has
+been made available to you? Do you have it there?
+ General Silveria. Yes, ma'am, I have it here.
+ [The information referred to can be found in the Appendix
+on page 123.]
+ Ms. Speier. So what troubles me about this email is it
+appears that there has been a crest that has been stolen at the
+academy, and I guess it is one of those pranks that happens not
+all that rarely.
+ But the essence of the complaints, I guess, that have been
+visited on Colonel Campbell is that there is more interest in
+the concern about returning the class crest than in talking
+about the results of the survey of sexual harassment and sexual
+assault.
+ The one part of this email that is deeply troubling to me
+that I want to read and get your comments on, is the last
+paragraph, in which he says, ``you cadet leaders''--``Your
+cadet leaders are not at fault for the information flow; I am.
+If you want a target, it is me. They have no control over--on
+this topic. If you are that passionate, my door is open. Come
+on in and we can discuss.
+ ``If you want to attack from a platform or medium of
+anonymity, then have at it. You are a coward and we aren't
+listening. If you have a problem, bring a solution. There is no
+room in our Air Force for those not willing to own their
+opinions or positions.
+ ``If you don't like this idea, you are free to leave. I
+will happily expedite your transition to the civilian world. We
+hold higher standards here. If you don't like them, move on.
+You don't deserve to lead our incredible airmen.''
+ Do you have a comment about that?
+ General Silveria. Yes, ma'am. If I can add some context,
+yes, it was a prank where the cadets, the freshmen, the fourth
+classmen had stolen the crest.
+ Ms. Speier. I am not concerned about the crest.
+ General Silveria. Yes, ma'am. And so in the effort to
+recover the crest, the cadet leadership was trying to find
+through where--who had taken the crest. And in that, there was
+a lot of conversation about the crest, and it was beginning to
+take over a lot of the conversation among the cadet wing.
+ And so at the same time was the moment that I stepped in,
+and I addressed the cadet wing about these results and told
+them that I was going to testify. And so Colonel Campbell was
+very concerned that the cadets perceive that there was a
+perception that the crest was more important than the results
+that I had discussed.
+ Ms. Speier. I understand all that, General. My concern is,
+one of the issues that we are dealing with is this fear of
+retaliation. And anonymity is often offered to these cadets in
+a restricted report because of their fear of retaliation.
+ And the way I read that last paragraph, he is mocking those
+who are commenting about the fact that there is more interest
+and concern about the crest being stolen than about talking
+about this issue of sexual assault and sexual harassment in the
+academies. And the tone of that email is hostile.
+ And for anyone--if I was a cadet at the Air Force Academy,
+which I would never have gotten into, but if I had--if I was a
+cadet, and I read that paragraph, I would know full well the
+last thing I would ever do is report a sexual assault.
+ General Silveria. Ma'am, in this case, the anonymity that
+he is referring to is using anonymity to use it as a platform
+to criticize. And that cyberbullying is what was going on that
+he was addressing directly. We all have--at all of our
+academies, we all have social media platforms that are
+anonymous, and they continue to be a problem. There is all
+sorts of different versions of them.
+ And so this anonymous platform was being used to be very
+critical, very negative, and in his view, very cowardice. It
+was not about the fact that they were--that they wouldn't have
+a chance to report something anonymous. It was about the fact
+that they were anonymously criticizing about that fact. Ma'am,
+we fully support the idea of the restricted report. We fully
+support the idea of Callisto and others to give cadets that
+opportunity to report anonymously.
+ Ms. Speier. Okay. I don't know that I fully agree with you
+in terms of the evaluation of that paragraph, but let's move
+on.
+ I want to see uniformity of benefits for the victims. I
+want to be able to say to each appointee that I make to the
+academies that you are all going to be treated alike if you are
+sexually assaulted or sexually harassed.
+ So let me ask you this: Would each of you offer to a cadet
+or a midshipmen who has been sexually assaulted, either
+restricted or unrestricted, either confirmed or unconfirmed,
+the ability to take a sabbatical year? Lieutenant General
+Williams, just go down the line, if you would.
+ General Williams. Madam Chair, I would. In fact, we do. We
+do that now. It is called a medical leave of absence.
+ Ms. Speier. I don't know that we need to call it a medical
+leave of absence, but I think a sabbatical is something that
+doesn't take--carry with it a spin one way or the other.
+ Yes, Admiral.
+ Admiral Carter. Yes, ma'am. We initiated that program a
+number of years ago, and it is alive and well.
+ General Silveria. Yes, ma'am. We have had it for a number
+of years and it functions very well, 6 months and for a year.
+ Ms. Speier. And it is automatic if it is requested?
+ General Silveria. Yes, ma'am.
+ Ms. Speier. All right. How about a transfer to another
+academy, General Williams?
+ General Williams. Ma'am, if it would help the victim and
+help them heal in this process, I would support it, yes, ma'am.
+ Ms. Speier. But you don't have it presently, correct?
+ General Williams. We do not, Madam Chair.
+ Ms. Speier. Admiral.
+ Admiral Carter. We have not gathered our thoughts together
+on the mechanism to do it. I am not opposed to it as
+Superintendent of the Naval Academy. I do think that we would
+have to understand that that would extend somebody's academic
+time, but if it benefited them to get through the undergraduate
+program at any of the service academies, I don't think any of
+us would have an issue with it.
+ Ms. Speier. Thank you.
+ General.
+ General Silveria. Ma'am, I completely agree. If it
+benefited a victim, we don't have that mechanism in place right
+now, but if it benefited the victim, then I would fully
+support.
+ Ms. Speier. All right. And how about--I know at least one
+of the academies have taken a public position that you will
+not--there will be no action taken against you for collateral
+violations if you want to file a sexual assault or sexual
+harassment report. Is that true for all of you?
+ General Williams. Yes, Madam Chair.
+ Ms. Speier. Has it been made public to all of the cadets?
+ General Williams. Yes, Madam Chair.
+ Ms. Speier. Admiral.
+ Admiral Carter. Madam Chair, we have the same program and
+we--this is one of those events where collaborating and seeing
+how the Air Force did it presented a much better idea than how
+we were doing it. So we have incorporated their program and it
+has been announced to our brigade.
+ Ms. Speier. So this is the first year it will be
+operational?
+ Admiral Carter. Well, it is a slight difference. We don't
+hold any of the victims to collateral misconduct during the
+course of the investigation. But in light of the way we see how
+Air Force did it, if the knowledge of misconduct comes up
+during the course of the investigation, never be held against
+the victim at all. We have been previously revisiting some
+misconduct after adjudication, but not to a separation level. I
+like the way I saw the Air Force Academy was doing it better,
+and we have just instituted that.
+ Ms. Speier. All right.
+ General.
+ General Silveria. Ma'am, we did start that, initiate that,
+as we call it, a safe-to-report policy that ensures that--no
+collateral misconduct, that there is--no charges would be
+brought or any, you know, any retribution in any way for some
+misconduct if they were a sexual assault victim.
+ Ms. Speier. And, finally, I think one of the admirals--one
+of the superintendents that I have spoken to in the last few
+days indicated that you are about to implement recoupment from
+first- or second-year cadets or midshipmen. Historically, it
+has only been juniors or seniors. And I want to know to what
+extent we can make that something that is going to be used in
+each of the academies across the board where there is a
+conviction.
+ General Silveria. Ma'am, I will start. That was me. We, as
+you know, all of us seek recoupment for the last 2 years, but,
+yes, we have changed that. So in the first 2 years, if you
+commit serious misconduct, in this case, sexual assault or, you
+know, drug offense or something, that you are disenrolled for
+serious misconduct, then we will seek recoupment.
+ Ms. Speier. Admiral.
+ Admiral Carter. We have not explored that possibility. We
+are now aware of it and we are very interested in understanding
+how it works exactly. It should be the same. And as you know,
+it is a recommendation by us to our Secretary of the Navy or
+our service secretaries for that eventual decision. But I am in
+full support of that option.
+ General Williams. Madam Chair, I would be open to that as
+well, but we have not currently been in that space.
+ Ms. Speier. All right. And, finally, Dr. Van Winkle, having
+gone over those various services for the--and benefits for the
+victims, do you have any comments that you would like to make
+about them?
+ Dr. Van Winkle. No. I would just say that at the--on the
+OSD [Office of the Secretary of Defense] side, we obviously
+understand that each of the academies have unique cultures and
+may have some differences in their policies and protocols. But
+where there is a promising practice, we support standardization
+across the academies.
+ Ms. Speier. All right. Thank you.
+ Mr. Kelly.
+ Mr. Kelly. Thank you, Madam Chair.
+ The best way to prevent these crimes from happening is to
+prevent those with character issues from entering the academies
+to begin with. If each of you, starting with you, Dr. Van
+Winkle, can tell me how we can improve the nomination process
+as Members, and you as the academies who is overseeing them, to
+ensure we have a good assessment of the candidate's character.
+ Dr. Van Winkle. Thank you for the question.
+ As you heard in my opening statement, we are looking at the
+entire life cycle of the cadets and midshipmen, including
+selection into the academies. This is not to say that the
+current selection criteria is inadequate. What we are looking
+at, and we are still in the infancy stages of evaluation on
+this, is whether there are additional metrics that we could use
+that get to that moral development and moral character that we
+are looking for.
+ So we are, right now, just in the evaluation stage of the
+data and what we are looking for and what metrics might be
+feasible. But, again, it is important to note that we are in no
+way saying that the selection criteria be changed. It would be
+more of an enhancement.
+ General Williams. Thanks, Ranking Member Kelly.
+ I think this is a place where we owe you a better model.
+Currently, when we admit cadets to West Point we know very well
+their academic potential based on their academic performance,
+their SATs, ACTs. We require them to take a physical readiness
+aspect.
+ What is missing, in my humble opinion in 7 months as the
+superintendent, is more there. We owe you a better template. We
+ask principals, teachers to write essays about cadet X, Y. I
+think it is okay, but I think it could be more robust with more
+rigor in that space.
+ Mr. Kelly. Admiral.
+ Admiral Carter. Sir, this is a tough problem to figure out,
+but I will tell you what we are currently doing, where I think
+we could maybe do a little bit more. We put a great deal of
+stock in the teacher evaluations of prospective midshipmen. We
+often pick out nuggets within those evaluations that are very
+worthy for us to look at.
+ The interviews that we do, we have Blue and Gold
+representatives. They represent me in the admission process
+and, of course, interviews that either you or your staff do for
+your prospective candidates from your voting districts. We look
+at police records.
+ I would like to be able to tell you we have the access to
+look at everybody's social media background. We certainly do
+that for a number of the midshipmen that come to the Naval
+Academy, but it is not 100 percent. That is a space that could
+probably be looked at more.
+ And I will share with you that on occasion, we get an
+anonymous letter about something that might have happened. And
+when that happens, we take that very seriously, and we set up a
+character review board on that individual. So, again, we are
+doing as much as we can right now, but I think we could still
+do a little bit more.
+ Mr. Kelly. And, General, real quickly.
+ General Silveria. Yes, sir. Sir, I think I would agree that
+we owe you a better--that we need to work together better on
+that with your staffs and with your nomination processes. That
+all of us need to focus on qualities as opposed to
+qualifications of an individual. And just like Admiral Carter
+points out, we all look for the slightest hints and clues from
+teachers, from coaches, from recommendation letters, we look
+for the slightest, and we pursue those, whether it is social
+media, police, you know, we pursue any slightest lead that we
+have if there is any concern.
+ Mr. Kelly. The only thing I will say, and I know we already
+have issues with this resource-wise and getting security
+clearances for enough people, but that is much more in depth
+and they are much better qualified. So I don't know if we can
+morph that into something else or do something a little
+different, but sometimes those folks, having gone through a
+security clearance, may be able to do a similar thing that goes
+beyond what just the teachers say.
+ As a former district attorney, I am aware how challenging
+sexual assault offenses can be to prosecute. There are a litany
+of reasons why victims don't come forward, some are
+retaliatory, some are a whole different range of options of why
+they don't come forward.
+ Can you explain the current options you have available to
+hold the offenders accountable? And I will start with you,
+General. What can you do as a commandant to hold a potential
+offender--an offender accountable?
+ General Williams. Ranking Member Kelly, thank you. The
+Uniform Code of Military Justice, as we spoke earlier, gives me
+the options and tools I need as a commander. Short of that, you
+have nonjudicial punishment. I have administrative actions I
+can take as well, as well as working at echelon with my
+commanders.
+ So the chain of command in this space is very valuable in
+setting the right tone. Commanders set tone and expectations in
+a command, and that is the tools that I most cherish in this
+space.
+ Mr. Kelly. And I would also just encourage--encourage you
+to understand that there is a code of moral and ethics and
+honor at each of the academies, and sometimes you may not be
+able to prove an unsubstantiated report against an offender,
+but other things they are doing makes them unfit to serve as an
+officer in the military service. And I would just encourage
+you, when you have that opportunity, you can still have that
+person go away if they have a course of conduct that you can't
+substantiate the sexual assault, you maybe can do that
+otherwise.
+ Developing morally and ethically strong officers is the
+primary mission of all the service academies. Trust is
+tantamount to good military orders, and especially among
+leaders. How do you incorporate character development into the
+curriculum at the academies, and if you can real quickly just
+tell me that. Character in the curriculum.
+ General Williams. Ranking Member Kelly, we have the West
+Point leader development system, which is focused primarily on
+character. It is ingrained in all things we do, whether it is
+in academics, whether it is in sports. Character is my number
+one line of effort at the United States Military Academy. So we
+do that both in terms of curriculum, in terms of pedagogy, but
+also in terms of practically how we do it day-to-day from a
+practitioner standpoint as well.
+ Admiral Carter. Sir, we have it embedded in our leadership
+curriculum, but recently, just over the last couple of years,
+it has taken us about 2 years, that we have completely revamped
+our aptitude measuring system, which now encompasses everything
+except academic performance and physical education performance
+so that we can look at the character development specifically
+of our midshipmen. They actually get a discrete grade in a very
+subjective system that uses everything from peer ranking to
+rankings by others that are in their sports teams, their clubs,
+and ultimately the officer that is directly over them. So this
+is relatively new and we find good progress.
+ General Silveria. Sir, we have a center for creative
+leadership--a Center for Character and Leadership Development,
+and we use that as an integrating function for character
+elements across the curriculum, across the military training,
+and across the athletic department so that it is integrated
+everywhere that a cadet interacts; there is character
+development and there is leadership responsibilities.
+ Mr. Kelly. And the final question, and I will start with
+you, Dr. Van Winkle, but I want to preface this with a
+statement. You guys are accountable to get this right and to
+make this the right thing. Our job is to make sure you have
+every tool available to you to make sure that we take care of
+each and every soldier and so that we don't have one sexual
+assault, especially not a sexual assault that is not reported.
+ So, Dr. Van Winkle, and each member, what tool can we give
+you that will help you do that? And if you need to do that in
+writing later, I am fine. But what tool can we give you as
+Congress that helps you to do this mission?
+ Dr. Van Winkle. I can respond right now generally that your
+partnership is extremely important. I do feel from the data
+that we see that our infrastructure is sound. We have some
+evidence that when somebody does make that courageous decision
+to report, that our systems that are in place are good systems.
+Eighty-one percent of the service academy students who came
+forward to make a report said that they would make the same
+decision again.
+ However, we have too few people reporting, and we have an
+issue in terms of our culture and climate, and that we need to
+look at our strategies. And we certainly appreciate your
+feedback on that as our partners in this space.
+ General Williams. Ranking Member Kelly, 273 young men and
+women spoke to us on this survey. You have given us what we
+need, you have given us the resources. It is my responsibility
+as the superintendent at West Point to take care of the sons
+and daughters that you have given us. You have given us what we
+need. We need to get an action plan and come back to you and
+talk to you how we are going to fix this.
+ Admiral Carter. Sir, we are developing a multifaceted plan.
+I don't know that I need to ask for more resources or more
+capability in terms of us owning it, which we need to do. And I
+think that is what you are hearing from us today. I have been
+the superintendent for 5 years, and I have testified in front
+of this committee before. And as Dr. Van Winkle said, I
+committed myself to trying to improve in this.
+ I am frustrated. And I think that we can't educate our way
+out of it, we can't train our way out of it. The accountability
+piece is what is going to move the needle on this. And I am
+committed to getting that part better and more right. I think I
+have the resources to do that. But if we come up with something
+that we could ask you for, we are going to send you a note,
+sir.
+ General Silveria. Sir, I have the same sentiment. I have
+the resources. I have the policy that I need. What I need is to
+continue to build on the culture that I own and I am
+responsible for as the leader. And it is clear from the survey,
+one of the major areas that we have to work on is the peer-to-
+peer relationship. And we are going to take that on. We already
+have some plans to do that, and I will come back to you if I
+need resources. But right now, sir, I have the resources I
+need, but it is my responsibility as the leader to execute
+this, and I do own this.
+ Mr. Kelly. Madam Chairman, I yield back.
+ Ms. Speier. Thank you, Ranking Member.
+ Since you have indicated that you have a resource issue
+with reviewing the social media of applicants, why not ask the
+Blue and Gold Officers to do that as they are spending time
+interviewing the potential candidates?
+ Admiral Carter. I think we could certainly incorporate
+that. In certain districts, it is just going to be a little
+more time consuming, and I don't think there is anything that
+prevents us from doing that. I don't think there is any legal
+reason why we can't do that, so we will explore that.
+ Ms. Speier. All right. Mrs. Davis.
+ Mrs. Davis. Thank you, Madam Chair. And going to the social
+media situation, and I know that--I think, Dr. Van Winkle, you
+mentioned this as well. I remember a hearing that we held
+several years ago actually, and General Neller was there, and
+we asked that question basically. Are you monitoring Facebook
+and Twitter, every possible account that a student has? And at
+that time, quite honestly, they weren't.
+ And I know I had a discussion with the general just
+recently about this, and it still sounds to me like they are
+not doing as much as they could be doing in general recruiting,
+and so I think when it comes to the academies as well. I am not
+suggesting that that is a panacea here. But on the other hand,
+I think even from a sense of entitlement that somebody might be
+expressing on Twitter, which isn't blatant, I guess I would
+read that and I would, you know, want to know a little bit
+more.
+ And so I am really hopeful that if there are problems, if
+there are barriers, let's address them, let's figure it out. I
+can assure you that we don't have a barrier when we hire
+someone in our office. We let them know that we are going to
+take a look at their accounts.
+ And I just think that is important. I think it is important
+for young people to know that for their future it is better,
+and then not engage in that kind of behavior, even if they
+think it is, you know, just cool. So I hope you do that. And
+that, you know, could be helpful.
+ I also wanted to ask, I believe Admiral Carter, you
+mentioned that you thought you were getting at the alcohol
+problem or you were seeing improvements. Is that right, sir?
+What are you doing, specifically?
+ Admiral Carter. Yes, ma'am. What we have done is, again, a
+multifaceted approach. We went on this campaign in front of the
+whole brigade to make them understand that this is part of
+their professional life. We went to health and comfort
+inspections in the large dormitory that they all live in called
+Bancroft Hall. We have made sure that there is no alcohol
+inside the dormitory. And there is a very well-stated policy
+that if you are found with alcohol in your room, it is a
+dismissal, meaning you will be separated from the Naval
+Academy.
+ We put together a joint task force that actually helped in
+putting together the education programs to show midshipmen why
+responsible use of alcohol was needed. We put together a
+program called the Midnight Teachable Moments, where we
+actually use alcohol under controlled circumstances to show
+midshipmen exactly what the results of those are.
+ So those are just some of the things that we have done. The
+midshipmen themselves created a Guardian Angel program, these
+are the seniors. So they go out in downtown Annapolis, which is
+walking distance from our campus----
+ Mrs. Davis. Right, I've heard of that.
+ Admiral Carter [continuing]. And they are preventing things
+before they happen. Now, I will share one example with you. We
+had an incident a couple weeks ago where a midshipman got out
+of hand with alcohol and got into a little bit of an engagement
+with one of these Guardian Angels. We secured liberty for the
+entire brigade of midshipmen for 2 weeks. So one alcohol
+incident was now treated to punish the entire brigade. I can
+tell you, the brigade got that message very quickly. They had a
+hard time understanding it. But we are now enforcing that type
+of part of the program. And then, of course----
+ Mrs. Davis. And do you think--I am sorry to sort of
+interrupt, but do you think that that is being heard in sort of
+the same context for men and women?
+ Admiral Carter. I don't have the breakout between men and
+women. I know men at the Naval Academy have a higher tendency
+to be involved in binge drinking than women. But in our case,
+72 percent of all--this is by survey--of all of our unwanted
+sexual contact has involved alcohol. I am not blaming alcohol
+or saying if you take it away completely that these things
+won't happen, but I know reducing that will have an impact.
+ Mrs. Davis. It does have--uh-huh. And the ``Safe to
+Report'' that you mentioned--because I think that--my
+understanding is that there are a number of women who feel that
+they are held accountable if they had a few drinks, and
+therefore, they will not report a sexual assault or harassment
+because they are then transferred or something happens to them
+that is negative. So the ``Safe to Report'' allows them to
+report without that, is that correct, in terms of drinking?
+ Admiral Carter. Ma'am, I have never separated a female
+victim for collateral misconduct.
+ Mrs. Davis. Okay. And, finally, we talk about peer leaders
+and how important they are. Are we doing the same kind of
+climate assessments of their leadership, so that if it is
+determined that in fact they are not leading well, that their
+advancement is hampered--called into question? How actively are
+you doing that? How much--do they know you are doing that? And
+how many people have you stopped in their career ladder because
+of that behavior?
+ Admiral Carter. This is exactly why we created this new
+aptitude measuring system. Part of that is to measure their
+leadership capability, whether they are a junior or a senior. I
+want to make sure that I didn't have anybody flying under the
+radar that was meeting all the minimums academically and
+physically and everything else looked okay because they didn't
+have a conduct record.
+ This is a chance to have their peers and those that know
+them best tell us about them. And I suspect, even though this
+is relatively new, we are going to be putting midshipmen in
+front of us that have problems that might not have shown up
+before. So I am optimistic about this new approach for how to
+look at that measuring system.
+ Mrs. Davis. Right. Thank you. Because sometimes people are
+achieving, but that doesn't mean that they are acting
+appropriately. Thank you.
+ Ms. Speier. Thank you.
+ I just want to make a point here that I think is important.
+We are talking about alcohol, and we would be amiss if we
+somehow want to place the blame on alcohol, because in the
+actual survey, at West Point 45 percent of the women indicated
+that the alleged offender had been drinking alcohol. So almost
+half, but not a significant majority of cases.
+ At the Naval Academy it wasn't broken out quite the same
+way, it just said nearly two-thirds. Sixty-four percent
+indicated that they or their alleged offender had been drinking
+alcohol. And then at the Air Force Academy it was 53 percent
+who indicated the alleged offender had been drinking, and 51
+percent indicated that they had been drinking. So maybe it is
+half, but it is not 65, 75, 85 percent. So I don't want us to
+lose sight of that fact in looking at this issue.
+ Mr. Abraham.
+ Dr. Abraham. Thank you, Madam Chair.
+ Admiral, back to you and Mrs. Davis' exchange, the Navy has
+been recognized for its prevention program in sexual assault
+and sexual prevention. It is evidently doing some good stuff.
+Was some of that that you mentioned some of the highlights of
+that program, or would you wish to elaborate on maybe a couple
+more that the committee could learn from?
+ Admiral Carter. The program that we have at the Naval
+Academy is called SHAPE, it is Sexual Harassment and Assault
+Prevention [Education]. It is evidence-based education that has
+been developed by experts, we have been working on it for 12
+years. It is 20 hours of education and training across 4 years,
+it starts on induction day. It is peer-led, small-group session
+with fleet mentors and it has been updated. We have peer
+educators. We have well over 130 that apply for 80 positions,
+including varsity athletes, leaders within the brigade. They
+receive an extensive 2-week program, and they lead nine
+syllabus sessions during the course of each year.
+ We also have guides that are part of this program. These
+are midshipmen embedded into each of the 30 companies, each
+company is about 150 midshipmen, 2 per company, and they are
+that resource that knows when somebody is having a problem, can
+say, hey, here is where the resource is where you can get
+counseling or make a report. They also receive an extensive 2-
+week training program, and typically we have about 130
+applicants for that. So that is just a thumbnail of what that
+education program looks like.
+ Dr. Abraham. And, General Silveria, is your HRT [Healthy
+Relationship Training] and CHiPS [Cadet Healthy Interpersonal
+Skills] program similar to that? Give me a little G2
+[intelligence] on that.
+ General Silveria. Sir, very similar in the elements that
+they have in that we all know at this point that small group in
+this subject matter works best. While initially when our cadets
+and our midshipmen arrive, we need to get a lot of information
+out quickly. But we move to--CHiPS is the Cadet Healthy
+Interpersonal Skills, and it was recognized as a best practice
+to the committee. And we have shown with evidence informed of
+how that is beginning to change behavior in surveys after they
+have had some of that.
+ Healthy Relationship Training, sir, is--a lot of the
+programs that we have done in the past have been about what not
+to do. And so we tell someone that they can't do this and they
+can't touch this and they can't do that and they can't do it
+without consent. Healthy Relationship Training takes a
+different approach. It teaches them how to have a healthy
+relationship between two people. What consent is, what
+boundaries are. So it is an approach of how to, what to, how to
+have a healthy relationship. So those are a little bit
+different, sir.
+ Dr. Abraham. Dr. Van Winkle, I will take this for the
+record, if you need, you can certainly answer it if you can.
+But I was looking at your resume and it is quite impressive,
+but you have a Ph.D. in applied experimental psychology. On
+these predators, or whatever we want to call these people that
+do these terrible things to these survivors, have you
+analyzed--is there a blip on the radar screen in something they
+have done in a personality previously? Just that marker that
+won't certainly definitely say that they are going to go this
+particular way, but maybe they might?
+ Dr. Van Winkle. I would have to take that for the record.
+It is not within my area of expertise, and certainly there is
+research to predict offending behaviors. It is certainly not a
+settled science, but I can take that for the record and get you
+the information we do have on that.
+ [The information referred to can be found in the Appendix
+on page 127.]
+ Dr. Abraham. I would appreciate that. As a physician, it
+would be interesting.
+ And my last question, and, General Williams, I will send it
+to you, and we can certainly get the others' involvement. On
+the last panel, Mr. Christensen mentioned in the last--one of
+his talking points, if I understood that right, that athletes
+are not held to the same level of accountability as other
+cadets. Now, is that true?
+ General Williams. Congressman, that is not true. All
+athletes, cadets, are handed the same standard at West Point,
+and I am sure the other academies as well. There is no
+sanctuary for athletes at the United States Military Academy.
+ Dr. Abraham. I understand. I see the others nod.
+ Madam Chair, I yield back.
+ Ms. Speier. All right. Mrs. Luria, you are next. Is it that
+you would like to postpone?
+ Mrs. Luria. I will--I don't----
+ Ms. Speier. All right. Let's then move on to Ms. Escobar.
+ Ms. Escobar. Thank you, Madam Chair.
+ Dr. Van Winkle, so in the report, one of the reasons why
+women did not choose to report was, quote, that they would take
+care of the problem themselves. Does this indicate that there
+is a problem in the actual reporting process or that it is
+cumbersome or that--what are your thoughts about that? Why--or
+just a sense that it is, you know, too painful to go through
+the process.
+ Dr. Van Winkle. I appreciate the question. The data doesn't
+get at exactly what they mean by when they say that they took
+care of the problem themselves, either by avoiding or
+confronting the person. We know a few things, though, from our
+focus groups. We do go out every other year to talk to the
+cadets and midshipmen. We talk to them about the survey
+results. We ask them questions about it. And often what we see
+in our data is the reasons for not reporting are often very
+personal reasons, less to do with the system in place, but much
+more to do with wanting to forget about it and move on.
+ We also have concerns within the academy about gossiping
+and peer response, which again, speaks to what we are trying to
+do when we are engaging the cadets and midshipmen themselves.
+And it also looks a little different than what we see in the
+Active Duty.
+ What we hear in the focus groups is freshmen and sophomores
+often say they would hesitate to report because they don't want
+that to define them. They are only there for 4 years. Juniors
+and seniors often say they don't want to report because they
+don't want the investigation to follow them into the Active
+Duty or be defined as they move into the Active Duty by this
+report.
+ And all of them talk more about concerns about peer
+reaction than, again, barriers in the actual system that is in
+place. And I mentioned the data point that when we do get folks
+to come forward and report, from our survey data, 81 percent
+said that they would make the same decision again. It is
+getting them to come forward and report. That is a challenge we
+are trying to address.
+ Ms. Escobar. That peer reaction, that is very interesting.
+And I feel like that is where we as a society, whether it be in
+the military or in the private sector or public sector, where
+people need to feel accommodated and supported by their peers,
+or that their peers will stand up to that retaliation. So we
+have clearly still got a long way to go on that front in the
+military. Thank you so much.
+ To the superintendents, so the four focus areas were
+mentioned, the promoting responsible alcohol choices,
+reinvigorating the prevention of sexual assault, and the third
+one I am very curious about, enhancing a culture of respect.
+Could each one of the superintendents just briefly tell me how
+you are doing that?
+ General Williams. Congresswoman, yes. So as my colleague
+mentioned, we have a Simon Center for Professional Military
+Ethic as well. So I have an organization within the West Point
+that is charged with designing character in this space about
+trust. But the folks that really are going to get at this daily
+are the cadets, our tactical officers, each company. We are
+organized at West Point into company teams. In each one of the
+companies there is a captain, a commissioned officer, and a
+senior noncommissioned officer with that company, and then our
+coaches and also our rotating faculty.
+ So all of those folks emulate what it means to be--what
+respect looks like, what it means to be an officer or a cadet
+in good standing. So by being good role models. But more
+importantly, they have real conversations.
+ Last week, and it wasn't because of a result of this panel,
+but I witnessed a--we had 119 classes last Wednesday during the
+commandant's hour, what is called a Leader Challenge three,
+where we had cadets, the company tactical officers, the
+academic professors, led by the cadet leadership. Well, they
+were talking about real issues. They were talking about sex and
+healthy relationships that was mentioned earlier.
+ And so what is important is you get the cadets, the
+faculty, the coaches, all of them pulling the same way in this
+area. It can't be just the cadre, it can't be the cadets doing
+this. It requires a comprehensive approach across the academy.
+ Admiral Carter. I will just briefly give two examples. One
+is this life skills handbook that I mentioned in my verbal
+testimony that we have now initiated. It not only dives down
+into this understanding of what dignity or respect means from a
+midshipman perspective, it also helps redefine that for all of
+our influencers. So our coaches, our faculty, our staff, our
+sponsor parents. I think it is really critical. And that is
+built into our in-classroom curriculum.
+ And, finally, Sheryl Sandberg came and spoke to the Naval
+Academy in 2013, and it is where she coined the phrase ``lean
+in.'' And the Naval Academy has taken on ``lean-in circles,''
+and it is really starting to grow even more. There are
+approximately 200 midshipmen that meet in 12 different circles,
+and they cover every tough topic of what it means to be a
+professional. Some of them are all women, some of the circles
+are all men, some of them are mixed. I think this is a
+grassroots growth program that we can continue to cultivate.
+And, by the way, we have fleet mentors in there, so they are
+helping them guide the conversation.
+ General Silveria. Ma'am----
+ Ms. Escobar. My time has expired. Thank you very much.
+ Ms. Speier. General, you can respond.
+ General Silveria. Ma'am, for us what that means is that we
+are looking about the whole person here. It is not just about
+dignity and respect regarding another gender in the area of
+sexual harassment or sexual assault, because what we have to
+teach is that discrimination in all manners, whether it is
+race, religion, background, sexuality, any discrimination in
+any way takes away and degrades at that dignity and respect.
+ So we go out of our way to support and encourage a number
+of affinity groups in the areas of LGB [lesbian, gay, bisexual]
+and a number of race groups and ethnic groups that allow them
+and the cadets interact in that way. I mean, just Friday night,
+a couple weeks ago, I was with the Jewish cadets, as an
+example. And so we have to continue to show that richness of
+diversity. And I have spoken a lot about that to my cadets,
+specifically about that richness of diversity.
+ We all have remarkably diverse campuses and remarkably
+diverse student bodies that are continuing to grow that more.
+That is what we are referring to.
+ Ms. Escobar. Thank you.
+ Ms. Speier. Thank you.
+ Mr. Bergman, you are next.
+ Mr. Bergman. Thank you, Madam Chair.
+ General Williams, I want to make sure I got this right.
+Cadets lack trust in peer leaders? Did I get--could you just
+expound on that for me, please?
+ General Williams. Congressman, thank you. Yes. The survey
+suggests that cadets do not have the same respect or trust, and
+this is about accountability. Part of being a professional,
+whether it be an airman or--is about stewardship. And so they
+are struggling with, depending on what their class is,
+ownership for each other. This is a part of what we do in our
+military--the ethos of our culture, the Army culture.
+ So the cadets work very hard in their 47-month experience.
+They understand General Williams or Captain Smith, who is their
+company tactical officer, but as they develop and are learning
+to take ownership for their profession, they have a hard time
+sometimes holding each other accountable.
+ Mr. Bergman. Is that something that has happened over time,
+or because of their high school experience they are used to--
+they are not used to the hierarchy that maybe some of us who
+are older and went to high school, you know, decades earlier,
+where now everybody feels as though they--you know, the
+participation trophy mentality?
+ General Williams. Congressman, I think that is part of it.
+We are taking folks from all over America, and it is a tough
+transition for some. Some need 47 months, some need a little
+longer than 47 months to make that transition.
+ Mr. Bergman. So since we are talking about--we got Blue and
+Gold. Do we have black and gold? And what does the Air Force
+have?
+ General Silveria. Prop and Wings Officers, sir.
+ Mr. Bergman. Okay. So the point is, could any or all of you
+just describe the--is this Blue and Gold or black and gold or,
+you know, Prop? Is that a volunteer position? Is it a paid
+position? Tell us a little bit about who these people are and
+how much time they have to devote to, if you will, digging into
+the background of an applicant?
+ Admiral Carter. Sir, I will answer first. Our Blue and Gold
+Officers are representatives of the superintendent but work
+through our admissions department. They are volunteers. They
+are not always Naval Academy graduates. They are in every
+voting district throughout the country. They are over 2,000
+strong. And they are the eyes on, they are the validation of
+who we are looking at, beyond just what we see on paper, the
+personal statement, the teacher recommendations, the grades,
+all of it.
+ Mr. Bergman. Yeah, I don't want to dwell on this, but the
+idea is they are volunteers?
+ Admiral Carter. Yes, sir.
+ Mr. Bergman. So their time--they are working probably a
+full-time career doing something else, and because of their
+passion for the service academies, they have volunteered their
+time to interview, to interact with, et cetera, et cetera, and
+to advise potential----
+ Admiral Carter. And they are required to get training every
+periodic moment--or every period of time, about 5 years, so
+they understand what we are looking for.
+ Mr. Bergman. Okay. And then one final question that any or
+all of you can answer. Is there any--or maybe, Dr. Van Winkle,
+is there any comparative data to other nonmilitary, your basic
+public, private colleges and universities, as to the type of
+behavior, the type of at-risk behavior, if you will, that the
+18- to 20-year-olds who are in those first couple of years, I
+mean, is there comparative data out there that says the service
+academies have more of a problem than XYZ college or
+university?
+ Dr. Van Winkle. I can speak to that in general terms. We
+don't typically have a good comparison point in civilian
+colleges and universities, nor do we compare ourselves with
+them. Certainly our mission space is different, our
+expectations are different, our selection criteria is
+different.
+ Mr. Bergman. But if we were just, you know--and I know my
+time is going short here. The idea is, two friends graduate
+from high school together, one goes to an academy, one goes to,
+you know, some other school. They come in, they are matched
+ideally, if you will, in their experience, their outlook, their
+education, everything, they are a match, but then they split
+and go down two different educational paths.
+ I am wondering, is the behavior of the individual who
+chooses something other than a service academy, are we--do we
+know, are there differences?
+ Dr. Van Winkle. What we do know in looking at colleges and
+universities comes from a 2015 study sponsored by the American
+Association of Universities, which looked at 27 colleges and
+universities across the country. Looking at those rates,
+comparing them to ours now, which again are slightly apples and
+oranges in terms of metrics and scientific methods behind it,
+we are about on par. But as I mentioned, we certainly hold
+ourselves to a higher standard.
+ Mr. Bergman. Well, thank you very much. And I yield back.
+ Ms. Speier. All right. Dr. Van Winkle, you had indicated
+that of those that do come forward, 80 percent of them are
+happy with the way they were treated. Is that correct? Is that
+how you put it?
+ Dr. Van Winkle. No. For clarification, I would say that 81
+percent--and this is from the survey, so this is an estimate--
+--
+ Ms. Speier. Right.
+ Dr. Van Winkle. [continuing]. Of those who came forward and
+reported would make the same decision to report again.
+ Ms. Speier. Thank you for that clarification.
+ What I think is important for us to point to, and it is
+true in each of the academies, it is probably most true at the
+Air Force Academy, is that women who have not come forward to
+report do not have a high confidence that they will be
+protected.
+ At the Military Academy, 55 percent of the women indicated
+they would trust the academy to a large extent to ensure their
+safety. At the Naval Academy, it was 46 percent. At the Air
+Force Academy, it was 39 percent. So that would suggest to us
+that there is not the confidence in the academy leadership that
+their safety will be ensured if only half or less than half
+have confidence in it. So that is something we should drill
+down about later.
+ Mrs. Luria.
+ Mrs. Luria. Okay. Thank you for being here to testify
+today. And I am trying to go through, you know, some of the
+comments that have been made and rectify these, you know, in my
+mind versus my personal experience, being that, you know, I
+attended the Naval Academy and also spent 20 years in the
+fleet, and as a commanding officer having to deal with these
+types of situations for sailors who worked for me.
+ And there are several comments that have been made, but,
+you know, I wanted to kind of touch on this in the setting of
+the hearing because Admiral Carter and I discussed it in my
+office earlier this week was, you know, how does this compare
+relative to the fleet or to our Active Forces? And then, you
+know, are there any lessons that have been done more
+effectively within the fleet that we think we should be
+transferring back to the academy setting?
+ And I will start with you, Admiral Carter, since we already
+touched on that.
+ Admiral Carter. I certainly think there are things to learn
+from the two living conditions and the demographics and the age
+group. I think we could take ourselves down a dangerous path if
+we think that the 17- to 21-year-old demographic of the fleet
+is the exact same representative of what we see at the Naval
+Academy.
+ Mrs. Luria. But, I mean, myself in command, and I know
+yesterday when we spoke, you said you had been in command in
+some capacity since 1999, and then you were the XO [executive
+officer] when we served together on Truman shortly after that.
+That is the demographic, at least from my experience, where
+most recently these reports come in as far as fleet sailors as
+well. So why do you consider there to be a difference?
+ Admiral Carter. The enlisted sailors that are coming in,
+and that would be the demographic we are looking at, they are
+changing, very different than when you and I served on Harry S.
+Truman 20 years ago. They are better educated. Many more of
+them are married, they live a different lifestyle. And then, of
+course, once we send them out on a ship or on a deployment with
+an air squad or on a submarine, they live in a very, very close
+environment where they are controlled and they are watched in
+their work environment, and there is no alcohol involved in
+that.
+ So, you know, over the course of that time in that
+environment, you are going to see a whole lot less of these
+unwanted sexual contact data, and I am confident of that. The
+midshipmen still are in an academic setting, even though they
+are in a very controlled academic setting, and that is not to
+make a pass for, you know, the type of lifestyle they have at
+the Naval Academy, but it is just a different environment, as
+you recall, living there.
+ But I think we can still look for best practices that come
+from the fleet and see if they can apply to what we do at the
+Naval Academy.
+ Mrs. Luria. Well, thank you.
+ And so out of all the comments that were made today, there
+were a couple things that, you know, popped out, because I
+think we are all scratching our head, these are not the results
+that we wanted to hear. And something that did come up in the
+earlier testimony was that, you know, the Victims' Legal
+Counsels, for example, didn't have a lot of experience in
+dealing with victims. So that is just a point of maybe an area
+that we could look at what type of training they get.
+ And then, you know, on the side of medical professionals
+and the faith community, with how they fit into the whole
+picture of developing midshipmen morally, mentally, and
+physically, that they tie into that picture with, you know,
+dealing with the victims.
+ And, you know, I think my frustration as a commanding
+officer in the fleet when I had sailors who dealt with this was
+that I felt that the reticence of people to report was because
+they thought nothing was going to ever happen. And the nothing
+that was ever going to happen was not because the chain of
+command didn't take it seriously, because we took it very
+seriously, but it was more so that the process took so long for
+anything to happen, it moved at a glacial speed.
+ And like you said, Dr. Van Winkle, you know, people are
+worried about this in their second class midshipmen, so junior
+year following through with them to the fleet. And so I don't
+know how to crack that nut of, you know, a more expeditious
+process to make sure that, you know, it is being handled, but
+people know it is being handled, and, you know, what the
+results are because----
+ You know, Admiral Carter, as we spoke the other day, you
+said accountability was the biggest issue. But if someone
+reports something and nothing happens for 18 months or 2 years,
+that is hard to draw the accountability back, because people's
+memories are actually short. So I don't know if anyone has any
+comments on that topic.
+ Admiral Carter. I will just say one brief thing. The Victim
+Legal Counsel was brought on during my tenure here at the Naval
+Academy. I thought it actually would change and really make a
+difference for those that had stepped forward. And quite
+honestly, I did not see more female victims actually go through
+with the investigation or go through with the preliminary
+hearing office. I didn't see that change.
+ That Victim Legal Counsel does not work for me. They are
+independently assigned to the Naval Academy. They are
+permanent. I found them to be very experienced, it is not their
+first legal job. And they do meet with their survivors or
+victims in person.
+ Mrs. Luria. Okay. Well, thank you for sharing that. That
+was different than what was mentioned earlier.
+ I yield back my time. Thank you.
+ Ms. Speier. Ms. Cheney.
+ Ms. Cheney. Thank you very much, Madam Chairwoman. I wanted
+to--and I appreciate that the chairwoman read or submitted for
+the record the entire email from Colonel Campbell, but I wanted
+to mention a couple of things that were not read.
+ In the first paragraph of the email, the colonel says that
+the SAGR [Service Academy Gender Relations] report is, quote,
+exceptionally important. In the second paragraph he says,
+sexual assault and gender relations, the report is absolutely a
+command priority. In the third paragraph, he says, don't for a
+minute think we believe the class crest is more important than
+sexual assault. And the paragraph that the chairwoman did read
+has absolutely nothing to do with victim anonymity. And I think
+it is very important that the record reflect that that is not a
+conversation at all about victim anonymity.
+ And I think, in fact, victim anonymity is crucial, and I
+think that it is very important that we not look towards
+increasing the number of unrestricted reports as our only
+measure of success here. I think, as Dr. Van Winkle mentioned,
+there are a number of reasons why people don't report, a number
+of reasons why they want to be able to report in a restricted
+fashion, including that they don't want to have this follow
+them for their life. They don't want to be known as a victim.
+And I think that is very important. And I think that we need to
+keep in mind that compassion for survivors and for victims, and
+not look as though we are forcing everyone into a public
+reporting setting.
+ Secondly, I would say that while it is true that the report
+shows that alcohol was a factor in at least half of these
+incidents that were reported, that is a huge issue. And I think
+it would be reckless and irresponsible for us if we did not
+address the issue of alcohol. It is not a silver bullet, it is
+not a panacea, but when we have something that we know is
+present in approximately half, in some cases a little over half
+of these incidents that we know of, we have got to address it.
+ And so I would like to ask each of the superintendents if
+you could talk specifically about the programs that you have in
+place, the programs that you think you need to put in place, at
+each of the academies to deal with this issue of alcohol abuse.
+ General Williams. Congresswoman, we have a long way to go
+in this space. We have done everything from a cadet who has
+created--or had some sort of misconduct and alcohol. We put him
+in the alcohol substance abuse program. It was mentioned
+earlier about the leader development program, if a cadet
+commits some act in this space, he gets an F. He gets an
+academic grade, F, it is part of his GPA [grade point average].
+So those are sort of one end of the spectrum.
+ The other end of the spectrum is every week they work this,
+our TAC [company tactical officer] and TAC-NCOs [tactical non-
+commissioned officers] work this really, really hard. Before
+special events, before every weekend, they do briefings with
+the cadets. But I am not satisfied where we are in terms of--I
+am having my commandant look at all of our policies in term of
+how long. We have a number of places on West Point where
+cadets, if they are of age, they can't be underage, if they are
+of age, where they can drink alcohol.
+ I am relooking at all our current policies. And so we are
+looking at doing some changes in that respect. So we are doing
+a lot right now, but we are not doing enough, and I am
+relooking the whole thing.
+ Ms. Cheney. Thank you.
+ Admiral Carter.
+ Admiral Carter. Ma'am, I started to talk about some of our
+programs, such as the Guardian Angel program, the Midnight
+Teachable Moments, the task force that we stood up. I would
+also tell you that accountability at this lower level of
+problem before it turns into a potential assault. When you take
+away the alcohol piece, as I said, won't take them all away,
+but for us we think it has a significant part. We are
+redefining what those are.
+ So, for example, if you get a DUI [driving under the
+influence] at the Naval Academy, you will be separated from the
+Naval Academy. Two alcohol-related incidents, whether they
+happened plebe year and senior year, you will also be
+dismissed. A failure from an alcohol treatment program will
+also be cause for dismissal. A higher penalty for underage
+drinking, even though it is not a zero-defect mentality, it is
+one that we have to continue to go after.
+ And as we are hearing--as you are hearing us today, we all
+meet and talk about our best practices and how we are doing it,
+so that we can get to some more common themes so that we are
+all doing it about the same way.
+ Ms. Cheney. Thank you.
+ General Silveria.
+ General Silveria. Yes, ma'am. After I arrived, I didn't
+like the way that a lot of the alcohol was available and the
+way that it was handled within the cadet wing, and so I made a
+number of changes last year in the availability, how it was
+served. And I made a number of changes increasing supervision,
+both at events inside the academy and outside the academy with
+supervision.
+ The other thing that we have done is we have created a
+training program for our third classmen, our sophomores,
+because that is the age when they become of age, for most of
+them. So we have created a training program that focuses on
+prevention of alcohol-related incidents. And all of the
+commanders have availability, and they use it. If they get a
+risk factor where they see that somebody has used it, they can
+put someone in that prevention program, whether they are a
+three-degree or not. So we are training and then the increased
+supervision.
+ Ms. Cheney. Thank you very much. My time has expired.
+ Ms. Speier. All right. That brings us to the end of the
+hearing.
+ Let me thank you very much for your participation today. I
+really believe that you want to do the right thing. I also
+worry that we have not found the formula that is going to
+reduce the numbers. They can't keep going up.
+ And, Dr. Van Winkle, I am very heartened to hear you say
+that we are not going to be able to train ourselves out of this
+problem. We have got to recognize that there is something more
+that needs to be done.
+ I do know, and in talking to a couple of the
+superintendents, that you have also realized that once there is
+a conviction or once someone is identified, some of these
+cadets have turned into predators, where it wasn't just a once,
+it was to a number of cadets that they had either sexually
+harassed or sexually assaulted. So it is a very serious
+problem, and these are our leaders for the next generation. We
+have a responsibility.
+ So thank you for being here. Thank you for your commitment.
+And I am hopeful that we will make a number of trips to the
+academies over the course of the next year to work with you.
+ With that, we will stand adjourned.
+ [Whereupon, at 6:13 p.m., the subcommittee was adjourned.]
+
+
+=======================================================================
+
+ A P P E N D I X
+
+ February 13, 2019
+
+
+=======================================================================
+
+
+ PREPARED STATEMENTS SUBMITTED FOR THE RECORD
+
+ February 13, 2019
+
+=======================================================================
+
+
+
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
+
+=======================================================================
+
+
+ DOCUMENTS SUBMITTED FOR THE RECORD
+
+ February 13, 2019
+
+=======================================================================
+[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
+
+=======================================================================
+
+
+ WITNESS RESPONSES TO QUESTIONS ASKED DURING
+
+ THE HEARING
+
+ February 13, 2019
+
+=======================================================================
+
+
+
+ RESPONSE TO QUESTIONS SUBMITTED BY DR. ABRAHAM
+
+ Dr. Van Winkle. This is a very complex issue; however, the research
+available to date is summarized as follows: Research with civilians
+shows a significant minority of men perpetrate sexual violence. Most
+men who use coercive tactics to obtain sex use those tactics repeatedly
+over time; however, most rape perpetration occurs over a more limited
+time frame. Hundreds of studies have examined risk factors for sexual
+violence perpetration. Risk factors are behaviors, experiences,
+attitudes, or cultural norms that are statistically associated with
+self-reported sexual violence in research studies. Consistently
+supported factors include: history of experiencing child abuse, a peer
+group that supports forced sex, peer pressure to engage in sexual
+activity, relationship conflict, sexual risk behaviors (early
+initiation of sex, sexual promiscuity, casual sex), hostile views of
+women, and attitudes supporting the use of violence. Studies have found
+that a combination of risk factors expressed over time is more
+predictive of sexual violence than single risk factors. Many risk
+factors can be modified or mitigated, which facilitates reduction of
+sexual violence. Multiple military studies have found that military
+sexual violence perpetrators reflect similar risk factors and offending
+patterns as civilian perpetrators. Similarities between sexual violence
+perpetrated by military members and civilians suggests that civilian
+research can be used to inform prevention approaches implemented in
+military settings. The Department will continue to use this literature
+to guide prevention planning and execution. [See page 43.]
+
+
+=======================================================================
+
+
+ QUESTIONS SUBMITTED BY MEMBERS POST HEARING
+
+ February 13, 2019
+
+=======================================================================
+
+
+
+ QUESTIONS SUBMITTED BY MS. SPEIER
+
+ Ms. Speier. In at least 2016, the Academies and DOD considered
+replacing the measure of unwanted sexual contact used in the Academy
+survey with the UCMJ-linked measurement used in the active force
+workplace and gender relations survey. The Academies and DOD reportedly
+pushed back against adopting the active force measure. Why did the
+Academies push back against the active force measurement? Why is the
+unwanted sexual contact measure preferable?
+ Dr. Van Winkle. The Department determined that the Unwanted Sexual
+Contact (USC) measure was a better fit for victim privacy and survey
+administration considerations at the Academies. To better align with
+language describing the sexual assault crimes defined in Article 120 of
+the Uniform Code of Military Justice--and as part of its review and
+administration of the Department's active duty sexual assault
+prevalence survey in 2014--the RAND Corporation compared responses to
+the existing USC measure to responses to the new sexual assault measure
+it designed. RAND's comparison found no statistically significant
+difference in how either measure estimated past-year prevalence of
+sexual assault at the top-line. However, RAND's measure offered certain
+advantages in conducting follow-on analysis of responses. In 2015, the
+Department worked with the Academies to assess whether RAND's new
+measure would be appropriate for administration of the Service Academy
+Gender Relations (SAGR) survey. This assessment involved review of the
+measure by Academy victim assistance staff and a small group of
+selected cadets and midshipmen. Feedback obtained through this process
+indicated that the new RAND measure was more explicit in language and
+took much longer to complete than the USC measure. These observations
+made use of the new RAND measure on the SAGR survey problematic in two
+ways: 1. Administration time. The SAGR survey is administered in person
+in a room with several hundred cadets and midshipmen at once. This is
+done to keep response rates in the 70 to 80 percent range, as computer
+administration has been associated with markedly lower response rates.
+Students who may have experienced a past-year sexual assault would
+spend a considerably longer time taking a survey with the RAND sexual
+assault measure survey than a survey with the USC measure. The
+Department concluded that increased administration time would likely
+expose students taking a longer time with the survey to unwanted
+scrutiny and/or assumptions about whether they were a victim of sexual
+assault, which ultimately might impact a student's willingness to
+disclose victimization on the survey. 2. Administration method. The
+SAGR Survey is administered via paper and pencil rather than the
+computer administration employed in the active and reserve components.
+Again, by employing the in-person method, the Department has achieved
+high response rates from cadets and midshipman on the SAGR Survey.
+Active duty and reserve component members completing the survey via
+computer can take a break and come back to it should the experience of
+answering the RAND measure's very detailed questions become stressful
+or troubling. However, similar breaks are not possible given the in-
+person administration employed with the SAGR survey. Given the
+anonymity of responses, there is no way for a student to take a break,
+come back later, and finish the survey. The Department subsequently
+asked the Academy Superintendents for their input on which measure the
+SAGR should use to estimate past-year prevalence of sexual assault. The
+Academy Superintendents unanimously requested the SAGR continue to
+employ the USC measure to address not only survey administration time
+and method concerns, but also consistency of their prevalence trend
+information since 2006. Given this input, the DOD Sexual Assault
+Prevention and Response Office and the Office of People Analytics
+decided to keep the USC measure as the means for estimating past-year
+prevalence of sexual assault on the SAGR Survey. The academy survey
+continues to utilize the shorter unwanted sexual contact measure with
+the scientific assurance that both measures yield similar, accurate
+estimates of sexual assault prevalence.
+ Ms. Speier. In at least 2016, the Academies and DOD considered
+replacing the measure of unwanted sexual contact used in the Academy
+survey with the UCMJ-linked measurement used in the active force
+workplace and gender relations survey. The Academies and DOD reportedly
+pushed back against adopting the active force measure. Why did the
+Academies push back against the active force measurement? Why is the
+unwanted sexual contact measure preferable?
+ General Williams. USMA does not have record of ``pushing back''
+against the measures in the DOD survey. We understand these questions
+mirror language from the UCMJ and we have no issues with them as
+presented. Further, we do not have an opinion at this time if unwanted
+sexual contact is the more preferable measure. As this is a DOD wide
+policy, we believe it would be more appropriate for OSD to respond to
+this question.
+ Ms. Speier. In at least 2016, the Academies and DOD considered
+replacing the measure of unwanted sexual contact used in the Academy
+survey with the UCMJ-linked measurement used in the active force
+workplace and gender relations survey. The Academies and DOD reportedly
+pushed back against adopting the active force measure. Why did the
+Academies push back against the active force measurement? Why is the
+unwanted sexual contact measure preferable?
+ Admiral Carter. USNA did not push back on the language or standards
+used to measure USC in the survey. However, in considering any future
+changes, it is important to consider consistency in language and
+standards over a long period of time to better establish reliable
+trends and keep historical data relevant to contemporary data.
+ Ms. Speier. In at least 2016, the Academies and DOD considered
+replacing the measure of unwanted sexual contact used in the Academy
+survey with the UCMJ-linked measurement used in the active force
+workplace and gender relations survey. The Academies and DOD reportedly
+pushed back against adopting the active force measure. Why did the
+Academies push back against the active force measurement? Why is the
+unwanted sexual contact measure preferable?
+ General Silveria. The Service Academy Gender Relations (SAGR)
+survey is conducted every even numbered year at all the service
+academies and reported with the release of the SH&V report. The SAGR
+reveals data specific to sexual harassment and sexual assault at each
+of the Military Service Academies including the U.S Air Force Academy
+(USAFA). This survey has been conducted for over a decade which allows
+for analysis and tracking of trends and patterns. During the previous
+discussions regarding the questions related to ``Unwanted Sexual
+Contact,'' the justification for not changing the definitions to match
+the active duty force instrument was that it would adversely impact the
+ability to make longitudinal comparisons. In other words, changing the
+questions would prevent the services and Congress from being able to
+accurately compare future data with past data. Certainly, there are
+valid arguments to be made regarding the use of an active force measure
+that allows more accurate comparisons be made between the Academies and
+active duty force; however, at the time of the discussions, it was
+viewed as more beneficial to be able to make longitudinal comparisons
+amongst the Service Academies. As such, this is one of the longest
+existing surveys on a college campus of its kind which can allow for
+data driven strategies and operations.
+ ______
+
+ QUESTIONS SUBMITTED BY MS. ESCOBAR
+ Ms. Escobar. Dr. Van Winkle, what would you say contributed to the
+nearly 50% increase in sexual harassment and sexual assault detailed in
+the 2017-2018 Annual Report on Sexual Harassment and Violence at the
+Military Service Academies?
+ Dr. Van Winkle. Survey results capture the experience of large
+numbers of people with great scientific reliability and validity, but
+they cannot isolate the causes behind those experiences or perceptions.
+That said, the data indicate that academy approaches have not prevented
+disrespectful, interpersonal conduct between cadets and midshipmen,
+which is a driving force behind challenges in sustaining progress.
+First, estimated rates of sexual harassment maintain at consistently
+high rates, with 51 percent of academy women and 16 percent of academy
+men indicating a past-year experience in APY 2017-2018. Second, marks
+for confidence in the efforts of cadets and midshipmen peer leadership
+continue to hover at relatively low rates. Finally, rates of alcohol
+use among students continue to be a concern: More than half of sexual
+assault incidents involved alcohol, and about 15 percent of women and
+32 percent of men acknowledged heavy drinking in the past year.
+However, the survey also found that most cadets and midshipmen believed
+that Academy leadership make honest and reasonable efforts to stop
+sexual assault and harassment. While the Department acknowledges the
+high marks in Academy leadership, we recognize that this important
+achievement is not by itself sufficient to combat these crimes.
+ To address unsatisfactory results, each of the Military Service
+Academies have developed a plan of action that focuses on four key
+lines of effort to address sexual assault and sexual harassment:
+reinvigorating prevention efforts, improving sexual assault and
+harassment reporting, enhancing a culture of respect, and promoting a
+disciplined force. These plans will proactively engage with cadets and
+midshipmen, especially at the student leadership level, and include:
+ Implementing policies, programs, and practices that
+target and reduce sexual harassment and other forms of misconduct
+between peers.
+ Focusing initiatives on improving cadet and midshipmen
+leadership (e.g., selection criteria, how we train our student leaders
+on sexual assault and harassment, how we hold student leaders
+accountable).
+ In conjunction with these efforts, the Secretaries of the Military
+Departments hosted a national university and college and US Academies
+summit in April 2019 at the Naval Academy in Annapolis, Md., focused on
+preventing sexual assault and sexual harassment.
+ Ms. Escobar. Dr. Van Winkle, in your opinion, what type of support
+or resources do military service academies need from Congress to ensure
+that students feel comfortable reporting sexual assault and harassment?
+ Dr. Van Winkle. The Military Service Academies (MSA) have developed
+programs to provide students a professional response to all reported
+allegations of sexual assault and sexual harassment. Upon making a
+report of sexual assault, students may obtain victim assistance and
+advocacy, healthcare, spiritual support, and confidential legal
+counsel. The Department requires that Service leadership provide fully
+resourced programs and oversight to ensure sexual assault prevention
+and response programs function as designed. Likewise, students
+reporting sexual harassment have a variety of services and support
+options available to help them resolve complaints informally or
+formally with direct command investigation and action. Should
+legislative barriers arise, we would submit proposed legislative
+remedies through the Department's legislative proposal process.
+ Ms. Escobar. Dr. Van Winkle, are victims aware of the variety of
+support services available to them? Are there barriers in getting this
+information out that Congress should be aware of?
+ Dr. Van Winkle. Students at each academy receive annual, mandatory
+sexual assault training where they learn of the resources available to
+them should they ever experience a sexual assault. During this
+training, the academies introduce students to the sexual assault
+response coordinator (SARC) as the single point of contact who can
+provide information about the wide variety of resources available to
+students who experience a sexual assault incident. In the event a
+student experiences a sexual assault and files a report, the SARC
+explains the options of both Restricted and Unrestricted reporting, as
+well as the complete range of support services that are available to
+the victim. DOD surveys indicate that there is a relatively high level
+of fluency in the basic provisions of the Sexual Assault Prevention and
+Response Program. There are no systemic barriers within the Department
+to providing the sexual assault training and access to support
+services.
+ Ms. Escobar. To the superintendents, what are the unique
+circumstances of each academy that may have contributed to the dramatic
+increase in sexual harassment and sexual assault?
+ General Williams. Based on the available data, USMA is unable to
+identify any unique circumstances which would explain the increase in
+prevalence or reporting at West Point during APY 17-18. We have
+maintained vigilance over this and did not expect these results. We
+have in fact noticed that the measures we took that were different than
+previous years may have contributed to victim willingness to
+anonymously report more incidents on the SAGR and for more victims to
+report their incidents to SHARP personnel. Some of these actions
+include (1) a deliberate focus on education to ensure our Cadets
+understood the components of the crime itself, (2) creating the
+conditions for victims to believe their voices mattered and needed to
+be heard, and (3) to create safety and support for those willing to
+come forward. In a very deliberate and focused manner, we examined the
+following areas within our training and education program:
+ --The crime of sexual assault as it occurs in college settings
+ --Exploring the nuances of consent and the impact of alcohol in
+relationship decision making
+ --Presenting information on male sexual assault, to destigmatize
+this issue and create a common language and support to empower male
+victims to report
+ --Breaking down the impact of victim blaming, to increase empathy
+and support for victims
+ These actions are a few of the programmatic efforts and constitute
+some measure of our continued efforts to create an integrated and
+synchronized effort to create a culture of respect among our community.
+ Ms. Escobar. To the superintendents, what are the unique
+circumstances of each academy that may have contributed to the dramatic
+increase in sexual harassment and sexual assault?
+ Admiral Carter. While the United States Naval Academy did not
+experience dramatic increases in sexual harassment and sexual assault
+in the most recent survey, the survey demonstrates we have more work to
+do. We are committed to eliminating sexual assault and sexual
+harassment at the Naval Academy and we will continue to do all we can
+to achieve that goal. USNA is unique among the Military Service
+Academies in that it is physically located in a busy town with many
+establishments serving alcohol and promoting a much more relaxed social
+atmosphere than the professional atmosphere of our campus. The
+immediate vicinity and easy access presents leadership challenges
+different from West Point or Colorado Springs where there is a greater
+distance and less interaction with immediate outside influences.
+Historically, most of our incidents of USC and harassment occur off
+campus and involve the use of alcohol.
+ Ms. Escobar. To the superintendents, what are the unique
+circumstances of each academy that may have contributed to the dramatic
+increase in sexual harassment and sexual assault?
+ General Silveria. When analyzing estimated sexual assault
+prevalence data across the last decade, similar patterns emerge between
+the service academies. In 2018 all academies had a significant increase
+in estimated prevalence of sexual assault (women at US Naval Academy
+(USNA) and USAFA and men at USNA). And in 2014 a significant drop in
+estimated prevalence occurred across the three academies. When similar
+patterns occur between institutions, particularly those that are
+separated geographically and culturally, there likely other factors
+that are impacting the data collected. We cannot rule out social
+factors that go beyond each installation's gates. Numerous factors
+including high profile military and civilian cases, leadership
+turnover, and socio-cultural differences can influence estimated
+prevalence and reporting data and impact our cadets' willingness to
+exercise their voice, even on anonymous surveys. Examining general
+trends over time between the academies supports the idea that something
+larger than just what is occurring on the academy grounds may impact
+the estimated sexual assault prevalence data. This is not to excuse us
+from working on the solution or being responsible for what occurs on
+our grounds, but does challenge us to open the aperture of what
+prevention looks like. Determining the root cause of behavior is
+challenging. We know that the specific population of college students
+has a higher estimated rate of sexual assault. This year we saw an
+increase in the instances of alcohol use by either or both the offender
+and victim. Alcohol use and misuse is another factor within this aged
+population that impacts estimated prevalence of sexual assault. USAFA
+saw an increase in the number of cadets who enter into the academy
+having already experienced sexual assault in their past. There is a
+higher risk of re-victimization by those who have a past experience of
+victimization. Additionally, cultural indicators such as victim blaming
+beliefs increased this year according to the data from the SAGR survey.
+These data points, though not specifically unique to USAFA, may all
+impact the estimated prevalence of harassment and assault at USAFA.
+Further analysis is needed and programs based on such analysis are
+required to impact estimated rates of prevalence and related issues at
+USAFA.
+ ______
+
+ QUESTIONS SUBMITTED BY MR. BERGMAN
+ Mr. Bergman. Mr. Christensen, in the hearing, you recounted a
+conversation you had with the Vice Commandant of Cadets at the Air
+Force Academy and that the Vice Commandant said he didn't have time to
+meet with victims of sexual assault. I have since been made aware that
+that particular conversation did not happen in the way you have
+suggested. Could you please clarify your statement?
+ Colonel Christensen. You have asked about a conversation I
+referenced during my testimony with the Vice Commandant of Cadets.
+Contrary to the inference in the QFR, my testimony accurately reflected
+my conversation. The conversation occurred as prelude to the Vice
+Commandant meeting with my client in a hearing that could lead to her
+being removed from the Academy. Based on my conversation with my
+client, as well as many other survivors, I was and am concerned that
+commanders rarely speak with survivors in other than adversarial
+settings. I believe this colors their understanding of the impact of
+trauma on victims. Very early during my meeting, I asked the Vice
+Commandant if he had ever met with a victim in a non-adversarial
+setting. He responded, as I testified, he had 4000 cadets and did not
+have time to do that. After my testimony, the Vice Cadet reached out to
+me to discuss my testimony, and I agreed to talk with him. After our
+conversation I told him I would write a letter to the Chairwoman and
+Ranking member. The Vice Commandant did not ask me to do this. I
+drafted the letter and sent it to the Vice Commandant to see if he
+thought it was fair. He agreed that it was. As I said in my letter, our
+conversation was very productive and professional. We left the
+conversation in a much better place than our previous meeting. We did
+not reach an agreement on the words the Vice Commandant used; however,
+my prior testimony accurately reflects my memory of the exchange, and I
+stand by it. I did not send the letter to correct or diminish the words
+I used in my testimony. Instead, I sent the letter because after our
+most recent conversation I did not believe it was the Vice Commandant's
+intent to indicate he did not have time to meet with victims. After
+this conversation, I believed it was necessary to bring this to the
+attention of the subcommittee to provide context.
+
+ [all]
+