An Article 32 hearing is a formal investigation governed by Rule for Court Martial 405 from the Manual for Courts Martial. The Article 32 hearing is presided upon by an investigating officer, usually a lawyer but not necessarily. Both the prosecution and the defense will have an opportunity to present evidence and witnesses to either establish probable cause for the charges to go forward or to determine that there is no probable cause, meaning the charges are not substantiated and for the charges not to go forward. The investigating officer will prepare a report of his/or her findings and submit the report to the convening authority. The convening authority will seek advice from the Staff Judge Advocate and then determine whether to accept or reject the investigating officer’s recommendations. The convening authority will often reject the investigating officer’s recommendations, if the recommendation is not to go forward in in a sex assault case. The reason that the recommendation is often rejected in sex assault cases is because of the political climate surrounding allegations of sex assault in the military.