§51322 Protection of Cadets From Sexual Assault Onboard Vessels

Summary

The Maritime Administrator must make rules, after talking with the Coast Guard, that ship owners and operators must follow before taking a cadet from the United States Merchant Marine Academy on Sea Year. The rules must cover how to prevent and respond to sexual harassment, dating violence, domestic violence, sexual assault, and stalking. The Administrator must also set up a way to collect and check information showing owners follow the rules. The Administrator must create and give in-person sexual-assault risk-reduction and response training to all Academy midshipmen at least semiannually, using scenarios and expert advice. The rules must at least require a trained person ashore for cadets to contact, safe cadet staterooms, crew reporting of incidents consistent with section 10104, records of incident reports and training, giving each cadet the vessel’s policies, and other needed safety steps. Ship owners must certify yearly they follow these rules and the International Convention for the Safety of Life at Sea, 1974, and sections 8106 and 70103(c). Before boarding, cadets must get vessel-specific safety and prevention training, a working communication device and training on it, access to a monitored helpline, and information about legal security duties. At least every two years staff must do unannounced checks of at least 10 percent of host vessels and may remove cadets and report noncompliance. Owners and unions must keep training records. Cadets must complete a Sea Year survey when done; the Administrator will publish the survey questions and annual summary. Public vessels are not covered, but the Administrator may set rules for their participation. The Administrator will share best practices with State maritime academies.