Title 46ShippingRelease 119-73

§7704a Sexual harassment or sexual assault as grounds for suspension or revocation

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part E— - Merchant Seamen Licenses, Certificates, and Documents › Chapter CHAPTER 77— - SUSPENSION AND REVOCATION › § 7704a

Last updated Apr 6, 2026|Official source

Summary

A person who holds a license, certificate of registry, or merchant mariner’s document can have that credential suspended or taken away if there is an official finding that they committed sexual harassment within 5 years before the start of the suspension or revocation case. If there is an official finding of sexual assault within 10 years before the case starts, the credential must be revoked. "Official finding" means either a court or agency decision that says the person committed the misconduct under any Federal, State, local, or Tribal law, or a Coast Guard investigation that, by showing it is more likely than not, finds the person did it and gave the person proper legal rights. A Coast Guard investigation finding must be reviewed and affirmed by an administrative law judge in the same suspension or revocation proceeding. Court or agency findings are final for these proceedings.

Full Legal Text

Title 46, §7704a

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(a)If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariner’s document may be suspended or revoked.
(b)If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariner’s document shall be revoked.
(c)(1)In this section, the term “official finding” means—
(A)a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or
(B)a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.
(2)(A)A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariner’s document under subsection (a) or (b).
(B)A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings.

Reference

Citations & Metadata

Citation

46 U.S.C. § 7704a

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73