FRA Releases
First Report Card Assessing Peace Corps’
Implementation
of Kate Puzey Act
Highlights
Gaps and Calls on Peace Corps To Promptly and Fully Implement the Law
Expresses
Concerns With Peace Corps’ Outdated Sexual Assault Definitions and
Lack
of Robust Whistleblower Program
FOR IMMEDIATE RELEASE
July 31, 2013
Contact:
Casey Frazee (513-518-4936)
Karestan Koenen (646-765-8992)
Madhu Chugh (202-663-6529)
Contact:
Casey Frazee (513-518-4936)
Karestan Koenen (646-765-8992)
Madhu Chugh (202-663-6529)
WASHINGTON –
First Response Action (FRA) released its first report card today assessing the
Peace Corps’ progress in implementing the Kate Puzey Peace Corps Volunteer
Protection Act, the law passed by Congress in November 2011 to ensure that
volunteers serving abroad can access the care, support, and resources they need
to recover from a sexual assault. Noting
progress as well as major gaps in Peace Corps’ compliance with the law, FRA has
assigned an overall grade of “C.”
According to Peace Corps’ own 2012 Annual Volunteer Survey Results,
crimes of sexual assault committed against volunteers remains a major challenge
for the agency, with one in eight volunteers reporting a sexual assault in
2012—a noticeable jump in rates from previous years.
“Peace Corps volunteers have made an extraordinary
commitment to the United States and to the countries they serve. They deserve a commitment from Peace Corps
that it is doing everything in its power to make sure volunteers are safe and
that they can receive adequate care and assistance if they are sexually
assaulted,” said Casey Frazee, Director of First Response Action and a former
Peace Corps volunteer who was sexually assaulted during her service in South
Africa.
FRA assigned an overall grade of “C” to Peace Corps’
implementation efforts by assessing its work and assigning grades in four key
areas. Significant findings include:
Policies (D)
o
Peace Corps continues to use outdated, tiered
definitions of sexual assault, using force to stratify sexual assault.
o
Peace Corps has not implemented a robust whistleblower
protection program.
Training (C)
o
Peace Corps has been slow in making sure that
all key responders on the ground are adequately trained to respond to an
incident of sexual assault.
o
Some acting Country Directors do not feel
prepared to respond to an incident of sexual assault.
In-Country
Response (C)
o
Peace Corps has made slow progress in creating a
confidential reporting system, especially when 50% of all sexual assault
victims said in 2012 that they did not report their assaults (including rape) to
Peace Corps.
o
There is no policy or support structure in place
for victims of Peace Corps’ former classification of “other sexual assaults,”
recently updated to “sexual assault.”
Return Response
(B-)
o
FRA commends Peace Corps for giving volunteers
who have been sexually assaulted the option of being medically evacuated and
for establishing the Office of Victim Advocacy.
o
Peace Corps should provide more information to
volunteers about mental health counseling options.
“Every year, hundreds of American women are sexually
assaulted abroad during their Peace Corps service,” said Karestan Koenen, a
former Peace Corps volunteer who was raped while serving in Niger. Koenen is now a professor at Columbia
University and President of the International Society for Traumatic Stress
Studies. Added Koenen: “Passing the Kate
Puzey Act was an important first step, and fully and promptly implementing the
law is the next step. There is no reason
Peace Corps should be so far behind more than 18 months after Congress passed
the law.”
Added Frazee: “FRA looks forward to hearing from Carrie
Hessler-Radelet during her upcoming nomination hearing about Peace Corps’
action plan for fully implementing the Kate Puzey Act as soon as possible.”
Implementation of the Kate Puzey Act is necessary to
ensure a safer, stronger Peace Corps for current and future volunteers. FRA is issuing the report card to help the
public, Peace Corps officials, the Obama Administration, Senate and House
Members and their staffs, Peace Corps volunteers, and other stakeholders
understand the status of Peace Corps’ efforts to implement the Kate Puzey
Act. FRA will continue providing
periodic updates to the public until all Peace Corps volunteers receive the
care, support, and protection they deserve under the Kate Puzey Act.
-end-
First Response
Action is an initiative led by Returned Peace Corps Volunteers (RPCVs) working
to support all volunteers who are survivors of sexual assault and other violent
crimes. For more information, visit
FRA’s website at http://firstresponseaction.org.
First Response Action
Report Card: Peace Corps’ Implementation
of the Kate Puzey Act
of the Kate Puzey Act
In
November 2011, Congress enacted the Kate Puzey Peace Corps Volunteer Protection
Act to ensure that volunteers serving abroad can access the care, support, and
resources they need to prevent, respond to, or recover from a sexual
assault. Since the passage of the law,
First Response Action has closely monitored Peace Corps’ implementation efforts
to make sure it is creating a volunteer-centered program as envisioned by the
law. Relying on information provided by the
Peace Corps and reports issued by federal agencies, First Response Action
presents its first “report card” assessing the agency’s work thus far.
First
Response Action applauds Peace Corps’ progress in a few key areas. Indeed, most of the agency’s progress
implementing the Act has occurred during Carrie Hessler-Radelet’s tenure as
Acting Director since October 2012. First
Response Action also appreciates the agency’s cooperation in providing updates
on its implementation efforts. The
reality remains, however, that the agency has a significant amount of work left
to implement the Kate Puzey Act and must act with far greater urgency. According to the Peace Corps’ own 2012 Annual
Volunteer Survey Results, one in eight volunteers reported being sexually
assaulted in 2012—a jump in sexual assault rates from previous years.[1]
Thus, the prompt and full implementation
of the law is necessary to ensure a safer, stronger Peace Corps for current and
future volunteers.
Policies: D
Peace Corps Continues to Use
Outdated, Narrow Definitions of Sexual Assault. Experts agree that the success of sexual
assault programs and policies turns on how a victim’s sexual assault experience
is defined. Unfortunately, Peace Corps recently
proposed revised definitions—“aggravated sexual assault” and “sexual assault”—that
maintain its two-tiered approach to defining sexual assault, unlike other
federal agencies such as the Department of Defense and the FBI, which use only
one definition of sexual assault.[2]
Peace Corps’ inconsistent sexual assault
definitions therefore undermine the administration’s ability to make
apples-to-apples comparisons of the number of sexual assault incidents across
federal agencies. In addition, Peace
Corps still relies on the use of force as one of the elements to differentiate
between an “aggravated sexual assault” and “sexual assault.” U.S. Attorney General Eric Holder, on the
other hand, has revised the FBI’s definitions of rape and assault to remove the
requirement of force, and the Department of Defense uses one standardized definition
to capture all instances of sexual violence without requiring force as an
element.[3]
First Response
Action calls on Peace Corps to follow suit and establish a single definition of
sexual assault to capture all sexual offenses other than rape committed against
a volunteer.
Peace Corps Has Moved Very
Slowly in Creating a New Whistleblower Protection Program. One of the hallmark requirements of the Kate
Puzey Act is the creation of a new whistleblower protection program, which
would protect the safety and identity of a volunteer who reports allegations of
misconduct or mismanagement committed by Peace Corps staff. Unfortunately, Peace Corps has made little
progress in getting such a program off the ground, which is particularly
troubling given that Ms. Puzey was murdered because the agency failed to
protect her identify after she reported that a Peace Corps contractor had been
sexually assaulting young women in the school where Ms. Puzey taught.[4] The agency finally updated its whistleblower policy
in May 2013—even though it has had more than 18 months to complete its work.[5] Unfortunately, Peace Corps provides few
specifics on how it plans to implement the policy. FRA calls on Peace
Corps to ensure that its whistleblower policy provides volunteers robust
protections, to disseminate the policy to volunteers so they know their options
for reporting and their rights in the face of retaliation, and to train staff
on the new policy as soon as possible so they know how to protect volunteers
who report misconduct.
Training: C
Some Key Responders Have Not Been
Trained. Not all Country Directors (CDs) and Peace
Corps Medical Officers (PCMOs) have been trained on the Response Guidelines: Guidance for Staff to Provide Compassionate and
Timely Support, which “serve[s] as the game plan by which post[s] will
provide timely and effective response, especially in the first crucial hours
after the incident is reported.”[6] In addition, not all staff who play a role in
responding to incidents of sexual assault—including staff in the Office of
Volunteer Support, Office of Medical Services, and Office of General
Counsel—have been trained on the Response
Guidelines.[7] Peace Corps reports that it has made some
progress by recently rolling out an online training program which is now
mandatory for all first responders.[8]
Some Acting Country Directors
Do Not Feel Prepared to Respond. Peace Corps has not provided sexual assault
response training to staff who routinely serve as acting Country Directors,
such as Directors of Management Operations and Directors of Programming and Training.[9]
As a result, some staff who have served
as an acting Country Director said in interviews conducted by the Peace Corps’
Inspector General’s Office that “they did not feel fully prepared to respond to
sexual assault incidents while serving as acting CD.”[10]
Not All Staff Have Received
Training Mandated By The Kate Puzey Act. Peace
Corps has not finished drafting its comprehensive sexual assault policy
requiring that all staff be trained.[11] Accordingly, some Country Directors have not
trained all of their staff, as required by the Kate Puzey Act,[12]
and instead have selected certain staff to be trained.[13] Indeed, Peace Corps’ Inspector General has
recommended that all posts hold sexual assault training sessions for all staff
annually and periodic first responder refresher sessions.[14] Peace Corps has made some progress,
however. It reports that more than 1,500
overseas and headquarters staff have completed online sexual assault awareness
and victim sensitivity training.[15] In addition, trainees’ results are being
analyzed to measure changes in attitudes.[16]
In-Country Response: C
No Policy or Support Structure
for Victims of “Other Sexual Assaults.” Peace
Corps has had no policy dedicated to responding to volunteers who, before the
recent proposed revisions to the sexual assault definitions, have experienced
“other sexual assaults”—assaults that, according to the Peace Corps, involve “[u]nwanted
or forced kissing, fondling, and/or groping” of a victim.[17] Accordingly, some victims received little or
no follow-up by Peace Corps staff, partly because the Response Guidelines provide no instructions for offering medical,
legal, or safety and security support to these victims.[18] In fact, the Inspector General found that
Peace Corps’ refusal to respond to victims of “other sexual assaults” has led,
in some instances, to escalating harassment by perpetrators.[19]
Slow Progress on Creating Confidential
Reporting System. The Kate Puzey Act requires Peace Corps to
establish a mechanism for volunteers to report the details of a sexual assault
while maintaining their confidentiality so a limited number of staff know
identifying information about a victim.[20] According to Peace Corps officials, the
agency’s Senior Policy Committee approved the restricted reporting policy on
March 13, 2013—18 months after the passage of the Kate Puzey Act.[21] Staff in Africa, Asia, and Central America
will be trained on this new policy between June and August 2013, after which
the reporting system will be implemented in those areas. There are no plans yet to roll out the policy
agency-wide,[22]
although the agency hopes to finalize a permanent policy by 2014.[23] A confidential reporting system is critical
to encouraging volunteers to report.
Indeed, 50% of all sexual assault victims, including those who have been
raped, said in 2012 that they did not report their assaults to the Peace Corps.[24]
Greater urgency
is needed.
Sexual Assault Response Liaison
Program in the Process of Being Implemented. The Kate Puzey
Act requires the Peace Corps to establish a Sexual Assault Response Liaison
(SARL) program, which will identify liaisons to respond to reports of sexual
assault, including helping sexual assault victims navigate their in-country
response systems and making sure that victims are moved to a safe place after
being assaulted.[25] The Senior Policy Committee approved a SARL
policy on March 13, 2013, SARLs have
been selected for posts, and Peace Corps hopes to fully deploy the SARL program
in the field in September 2013.[26]
24-Hour Reporting Hotline in Pilot
Phase. Congress directed the agency to provide a 24-hour
sexual assault hotline so volunteers can anonymously report incidents of sexual
assault, obtain counseling if they have been assaulted, and learn about other
resources that might be available to assist in their recovery.[27] On February 15, 2013, Peace Corps launched a
six-month pilot hotline in seven countries.[28] It intends to deliver a full-scale, global
hotline in the fall of 2013.[29]
Return Response: B-
Volunteers Who Have Been
Sexually Assaulted May Be Medically Evacuated. Volunteers who have been sexually assaulted have
the option of being medically evacuated from their post either to the victim’s
home or to Peace Corps headquarters in Washington, DC. They also may request that a member of the
Peace Corps staff accompany them to the United States. In addition, a Peace Corps staff member or
representative will meet volunteers evacuated to Washington, DC at the airport.[30] FRA applauds Peace Corps’ progress on this
front.
Office of Victim Advocacy Has
Been Established. Peace Corps has created the
Office of Victim Advocacy, which helps volunteers receive medical and other
types of support in the aftermath of a sexual assault.[31] Peace Corps has hired a Senior Victim
Advocate and a support staffer. The
agency intends to hire two Associate Victim Advocates in 2013.[32] FRA thanks Peace Corps for the commitment and
resources it has invested in the new office.
Peace Corps Should Provide More
Information About Counseling Options. Although Peace Corps provides volunteers some
information about counseling options, experts believe that the agency should
offer more guidance about how volunteers can obtain mental health care,[33]
including helping Returned Peace Corps Volunteers’ (RPCVs) locate counselors
who accept workers’ compensation benefits so treatment is more affordable. These same experts have also suggested that
Peace Corps staff—including PCMOs, staff in the Office of Victim Advocacy, and
Counseling and Outreach Unit officers—improve the language they use to discuss
counseling options with volunteers.[34]
Peace Corps Is Not Verifying
Volunteers’ Access to or the Quality of Their Medical Benefits.[35] According to the GAO, Peace Corps is not taking
steps to monitor RPCVs’ access to benefits under the Federal Employees’
Compensation Act (FECA) or the quality of those benefits.[36] For example, Peace Corps has not determined
whether there is a gap in the number and geographic location of mental health
providers—even though RPCVs most often seek medical care for mental health
ailments, as compared to other types of ailments afflicting RPCVs.[37] In addition, Peace Corps is not assessing
volunteers’ knowledge of application requirements, such as the medical
documentation that must be submitted with a FECA application. Peace Corps therefore may not be aware of the
extent to which volunteers are having problems navigating the system and
obtaining FECA benefits.[38]
Conclusion
First
Response Action hopes that this report will help the public, Peace Corps
officials, the Obama Administration, Senate and House Members and their staffs,
Peace Corps volunteers, and other stakeholders understand the status of Peace
Corps’ efforts to implement the Kate Puzey Act.
First Response Action applauds the steps Peace Corps has taken and
recognizes the significant work that remains to be completed on an urgent basis. We are committed to making sure that Peace
Corps receives the attention and resources it needs from Congress and the Obama
Administration so it can fully and effectively implement the Act. First Response Action will continue monitoring
the agency’s implementation efforts and providing periodic updates to the
public on the agency’s progress until all Peace Corps volunteers receive the care,
support, and protection they deserve under the Kate Puzey Act.
[1] Peace Corps, 2012 Annual Volunteer Survey Results, at 38 (May 2013), available at http://files.peacecorps.gov/multimedia/pdf/opengov/2012_Annual_Volunteer_Survey.pdf.
[2] Amanda Terkel, Eric Holder Expands FBI’s Narrow, Outdated Definition of Rape,
Huffington Post (Jan. 6, 2012), available
at http://www.huffingtonpost.com/2012/01/06/eric-holder-fbi-rape_n_1189145.html;
Department of Defense, Directive No. 6495.01, Sexual Assault Prevention and Response (SAPR) Program, at 17 (Jan.
23, 2012), available at
http://www.dtic.mil/whs/directives/corres/pdf/649501p.pdf.
[3] Id.
[4] ABC News, Why
Would Anyone Kill Kate? (Jan. 14, 2011), available at
http://abcnews.go.com/2020/video/kill-kate-murder-peace-corps-cover-up-death-murder-victim-family-2020-12621143.
[5] Peace Corps, Progress in Implementation of the
Kate Puzey Peace Corps Volunteer Protection Act of 2011, at 4-5 (Mar. 2013)
(“Peace Corps’ Summary of Implementation”).
[6] Kathy A. Buller, Peace Corps Office of
Inspector General, Final Report on the
Review of the Peace Corps’ Implementation of Guidelines Related to Volunteer
Victims of Rape and Sexual Assault, at 8, 26, 27 (Sept. 27, 2012) (“OIG
Report”).
[7] Id.
at 28.
[8] Conference Call with Anthony Marra and Chai
Shenoy, Office of the General Counsel, Peace Corps (May 1, 2013).
[9] Id.
at 27.
[10] Id.
[11] Peace Corps Volunteer Sexual Assault Advisory
Council, Annual Report¸ at 40 (Nov.
21, 2012) (“Council Report”).
[12] 22 U.S.C. § 2507b(d).
[13] OIG Report at 13.
[14] Id.
at 14.
[15] Peace Corps’ Summary of Implementation at 2.
[16] Peace Corps, Timeline: Peace Corps Progress on Kate Puzey Peace Corps Volunteer
Protection Act & the Global Sexual Assault Risk Reduction and Response
Program, at 2.
[17] Peace Corps, Statistical Report of Crimes Against Volunteers 2011, at 3 (Nov.
2012).
[18] OIG Report at 19-20.
[19] Id.
[20] 22 U.S.C. § 2507b(a)(1); 22 U.S.C. §
2507a(f)(2).
[21] Peace Corps’ Summary of Implementation at 3.
[22] Id.
[23] Council Report at 8.
[24] Peace Corps, 2012 Annual Volunteer Survey Results, 38 (May 2013), available at
http://files.peacecorps.gov/multimedia/pdf/opengov/2012_Annual_Volunteer_Survey.pdf.
[25] 22 U.S.C. § 2507b(a)(2); Council Report at 8,
24.
[26] Peace Corps’ Summary of Implementation at 3.
[27] 22 U.S.C. § 2507a(e)(3).
[28] Peace Corps’ Summary of Implementation at 3;
Conference Call with Anthony Marra and Chai Shenoy, Office of the General
Counsel, Peace Corps (May 1, 2013).
[29] Id.
[30] Council Report at 38; Peace Corps’ Summary of
Implementation at 3-4; 22 U.S.C. § 2507b(c)(7).
[31] 22 U.S.C. § 2507c(b)(1).
[32] Peace Corps’ Summary of Implementation at
4.
[33] Council Report at 8, 35, 37.
[34] Id.
at 36.
[35] A Peace Corps volunteer who suffers an injury
as a result of her service may be reimbursed for medical expenses under the
Federal Employees’ Compensation Act (FECA).
Peace Corps must inform volunteers of benefits for which they may be
eligible and help them navigate the application process, while the Department
of Labor administers the FECA program.
General Accounting Office, Returned
Peace Corps Volunteers: Labor and Peace Corps Need Joint Approach to Monitor
Access to and Quality of Health Care Benefits, at 1-2 (Nov. 2012) (“GAO
Report”).
[36] Id.
at 18-19.
[37] Id.
at 18.
[38] Id.
at 14.
