§10104 Requirement to Report Sexual Offenses

Summary

Responsible entities of vessels must immediately report any complaint or incident of sexual harassment or sexual assault they learn about to the Coast Guard Commandant. Reports must be sent by the fastest way available to a single Coast Guard office the Commandant names and to the proper official or agency of the country whose waters the incident happened in. The report must include the reporter’s name, role, and contact, the vessel’s name and number, the date and time, the vessel’s location, and a short description of what happened. The Commandant can set extra procedures, such as a single, always-manned phone number and a continuously checked email, rules to preserve evidence, and emergency referrals. The Coast Guard will collect identities of victims, alleged offenders, and witnesses while trying to protect personal information. If a responsible entity knowingly fails to report, it can be fined up to $50,000. After reporting, the responsible entity must send a detailed after-action report within 10 days about what it did, investigation results, and any actions taken. Failure to submit that report can bring a $25,000 penalty plus $500 per day, but not more than $50,000 total for one incident. The Commandant can subpoena witnesses and evidence and will do periodic audits of these reports. The term “responsible entity of a vessel” means the owner, master, managing operator, or the employer of a seafarer. Harassment means unwelcome conduct based on protected traits that affects employment or makes the work environment hostile. Responsible entities may take immediate personnel action to keep people safe. Within 1 year, the Coast Guard, working with the EEOC, must create and share plain guidance and trainings for seafarers, vessel owners, operators, and employers about worker rights, how the EEOC helps, and where to find EEOC contact information.