§51322 Protection of Cadets From Sexual Assault Onboard Vessels

Summary

The Maritime Administrator must work with the Commandant of the Coast Guard to make rules that commercial ship owners and operators must follow before they take a cadet from the United States Merchant Marine Academy for Sea Year. These rules must cover preventing and responding to sexual harassment, dating or domestic violence, sexual assault, and stalking. The Administrator must also set up a way to collect information from owners and check that they follow the rules. The Administrator must create in-person risk‑reduction and response training for Academy midshipmen at least twice a year, using experts and realistic scenarios when possible. Owners must have written policies about things like how cadets can contact a trained person on shore, stateroom safety, crew reporting of incidents, keeping records of reports and of required training, and giving each cadet a copy of the vessel’s policies. Owners must certify every year that they meet the rules and comply with the International Convention for the Safety of Life at Sea (1974) (32 UST 47) and sections 8106 and 70103(c). Cadets must get safety and prevention training before boarding, be given and trained on a way to communicate, have access to a helpline monitored by trained staff, and be told about owner security duties. At least every two years staff must do random and targeted unannounced checks of at least 10 percent of vessels carrying cadets. If a ship fails to follow the rules, staff may remove the cadet and must tell the owner. Ship operators and seafarer unions must keep training records. After Sea Year, each cadet must fill out a survey; the Administrator must publish the survey questions and yearly aggregated results. Public vessels are not covered unless the Administrator sets separate criteria. The Administrator must also share best practices with State maritime academies.