Title 46, ShippingRelease 119-110

§7704a Sexual Harassment or Sexual Assault as Grounds for Suspension or Revocation

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

Last updated Sep 22, 2026|Official source

Summary

A mariner’s license, registry certificate, or merchant mariner document can be suspended or revoked if there is an official finding that the holder committed sexual harassment within the last 5 years. If there is an official finding of sexual assault within the last 10 years, the license or document must be revoked. An "official finding" means either a court or agency decision that says the person committed the act, or a Coast Guard investigation that finds, more likely than not, the person did it and gave proper due process. Any Coast Guard finding must be reviewed and confirmed by an administrative law judge in the same suspension or revocation case. A court or agency finding is treated as final proof in those cases.

Full Legal Text

Title 46, §7704a

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(a)Sexual Harassment.—

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)Sexual Assault.—

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)Official Finding.—

(1)In general.—

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)Administrative law judge review.—

(A)Coast guard investigation.—

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)Legal proceeding.—

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 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110