§51319 — Title 46 Shipping | U.S. Code

Summary

The Merchant Marine Academy must have at least one full-time sexual assault response coordinator who lives at or near the Academy. The Secretary of Transportation can add more coordinators if needed. Coordinators must have experience helping victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking, and must be able to give legally protected private communications. They must offer confidential help to cadets who report being victims or witnesses. Within 90 days after the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, with the Director of the Maritime Administration Office of Civil Rights, must create a way to verify coordinators’ training. The training must cover working with victims, Academy policies and resources, and national, State, and local victim services. Coordinators must finish training no later than 270 days after that Act was enacted, or within 180 days after starting the job. Coordinators must quietly take reports, tell victims their rights and reporting options, explain available services and possible accommodations, help arrange services or accommodations with the victim’s consent, represent the victim’s interests even if those conflict with the Academy, keep information private except when the law requires disclosure, the victim asks after being told the consequences, or there is imminent danger, and send an annual report on resource use and number of victims helped. Coordinators report directly to the Superintendent and also to the Maritime Administration’s Executive Director on MARAD/DOT matters or if they believe Academy leadership is handling sexual-assault matters improperly. The Maritime Administration Office of Civil Rights supports the coordinator. Requests for accommodations by a victim do not automatically trigger an Academy investigation. Coordinators, victim advocates, and companions cannot be punished for representing victims. The Secretary must name a Special Victims Advisor (an attorney) to give legal help to cadet victims in administrative and criminal matters; that attorney must know the Uniform Code of Military Justice and criminal and civil law, and communications with that advisor are protected like attorney-client talks. The Secretary must also pick volunteer permanent employee victim advocates who get training, help victims find resources, and act as companions to guide victims through investigations, medical care, and recovery. The Secretary may work with outside groups for more advocates. The Maritime Administrator may hire people for these jobs without following certain civil service hiring rules.

Title 46, §51319

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(a)(1)The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.

(2)Each sexual assault response coordinator shall be selected based on—

(A)experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(B)protection of the individual under applicable law to provide privileged communication.

(3)A sexual assault response coordinator shall, to the extent authorized under applicable law, provide confidential services to a cadet at the Academy who reports being a victim of, or witness to, sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(4)(A)Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, in consultation with the Director of the Maritime Administration Office of Civil Rights, shall develop a process to verify that each sexual assault response coordinator has completed proper training.

(B)The training referred to in subparagraph (A) shall include training in—

(i)working with victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

(ii)the policies, procedures, and resources of the Academy related to responding to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(iii)national, State, and local victim services and resources available to victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

(C)A sexual assault response coordinator shall complete the training referred to in subparagraphs (A) and (B) not later than—

(i)270 days after enactment of the National Defense Authorization Act for Fiscal Year 2018; or

(ii)180 days after starting in the role of sexual assault response coordinator.

(5)A sexual assault response coordinator shall—

(A)confidentially receive a report from a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking;

(B)inform the victim of—

(i)the victim’s rights under applicable law;

(ii)options for reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy and law enforcement;

(iii)how to access available services, including emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and ongoing counseling;

(iv)such coordinator’s ability to assist in arranging access to such services, with the consent of the victim;

(v)available accommodations, such as allowing the victim to change living arrangements and obtain accessibility services;

(vi)such coordinator’s ability to assist in arranging such accommodations, with the consent of the victim;

(vii)the victim’s rights and the Academy’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and

(viii)privacy limitations under applicable law;

(C)represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy;

(D)advise the victim of, and provide written materials regarding, the information described in subparagraph (B);

(E)liaise with appropriate staff at the Academy, with the victim’s consent, to arrange reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations;

(F)maintain the privacy and confidentiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless—

(i)otherwise required by applicable law;

(ii)requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or

(iii)notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals;

(G)assist the victim in contacting and reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared; and

(H)submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of victims assisted by the coordinator.

(b)(1)(A)Each sexual assault response coordinator shall—

(i)report directly to the Superintendent; and

(ii)have concurrent reporting responsibility to the Executive Director of the Maritime Administration on matters related to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters.

(B)The Maritime Administration Office of Civil Rights shall provide support to the sexual assault response coordinator at the Academy on all sexual harassment, dating violence, domestic violence, sexual assault, or stalking prevention matters.

(2)Any request by a victim for an accommodation, as described in subsection (a)(5)(E), made by a sexual assault response coordinator shall not trigger an investigation by the Academy, even if such coordinator deals only with matters relating to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(3)A sexual assault response coordinator, victim advocate, or companion may not be disciplined, penalized, or otherwise retaliated against by the Academy for representing the interests of the victim, even if such interests are in conflict with the interests of the Academy.

(c)(1)The Secretary shall designate an attorney (to be known as the “Special Victims Advisor”) for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted.

(2)The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of the Uniform Code of Military Justice, as well as criminal and civil law.

(3)Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications.

(d)(1)The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual assaults involving cadets of the Academy or other Academy personnel.

(2)Each victim advocate designated under this subsection shall—

(A)have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and

(B)serve as a victim advocate voluntarily, in addition to the individual’s other duties as an employee of the Academy.

(3)While performing the duties of a victim advocate under this subsection, a designated employee shall—

(A)support victims of sexual assault by informing them of the rights and resources available to them as victims;

(B)identify additional resources to ensure the safety of victims of sexual assault; and

(C)connect victims of sexual assault to companions, as described in paragraph (4).

(4)(A)At least 1 victim advocate designated under this subsection, or a sexual assault response coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating investigative, medical, mental, and emotional health, and recovery processes relating to sexual assault.

(B)If requested by the victim, an alternate victim advocate shall be designated under this subsection to act as a companion to the victim, as described in subparagraph (A).

(5)The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3) and (4).

(e)The Administrator of the Maritime Administration may appoint qualified candidates to positions under subsections (a) and (d) of this section without regard to sections 3309 through 3319 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018 and enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (a)(4)(A), (C)(i), are the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.

Amendments

2022—Subsecs. (c), (d). Pub. L. 117–263, § 3531(e)(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (e). Pub. L. 117–263, § 3531(e)(3), added subsec. (e). 2017—Subsecs. (a) to (c). Pub. L. 115–91, § 3515(a), added subsecs. (a) and (b), redesignated former subsec. (b) as (c), and struck out former subsec. (a) which read as follows: “Sexual Assault Response Coordinators.—The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.” Subsec. (c)(5), (6). Pub. L. 115–91, § 3515(b), formerly § 3515(c), as renumbered by Pub. L. 117–263, § 3513(c)(2), redesignated par. (6) as (5), substituted “paragraphs (3) and (4)” for “paragraphs (3), (4), and (5)”, and struck out former par. (5) which read as follows: “Hotline.—The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in paragraph (1) can receive victim support services.”

§51319 Sexual Assault Response Coordinators and Sexual Assault Victim Advocates