The “Midshipman X” case continues to have consequences and a new USCG Marine Safety Information Bulletin on “Reporting Sexual Misconduct on U.S. Vessels” is getting very serious attention from U.S.-flag operators.
Superceding an earlier MSIB, it says that recent changes to the law now require the responsible entity of a vessel, defined as the owner, master, or managing operator, to report to the Coast Guard any complaint or incident of harassment, sexual harassment, or sexual assault that violates company policy.
“To help facilitate reporting,” says the MSIB, the Coast Guard has consolidated reporting for all types of sexual misconduct and established multiple reporting options as detailed in the attached graphic. The reporting options include a CGIS Tips App, and/or the email address [email protected] which can be used by all reporting sources, including bystanders and survivors, who have access to a smart phone or the internet. The reports, which can be anonymous or for attribution, are received and reviewed by the Coast Guard Investigative Service (CGIS). An investigation will be initiated for all reports received and someone will provide follow-up communications with all reporting sources who provide contact information. The Coast Guard also maintains a 24/7 watch, which can field reports of sexual misconduct via the National Command Center (NCC) phone number at 202-372-2100. CGIS will leverage all available resources to immediately initiate a criminal investigation for a sexual crime occurring on a U.S. flagged vessel anywhere in the world. The Coast Guard will respond to any reports of sexual misconduct with trained investigators and will hold offenders accountable through criminal prosecution and/or actions against U.S. Coast Guard issued merchant mariner credentials (MMCs).”
USCGIS criminal investigations are not to be taken lightly and we can expect companies to take a very hard look at their policies on harassment and sexual misconduct and at how they are understood on board their vessels.
One industry association working hard on this issue is the American Waterways Operators.
In a letter to members, Clark Todd, Chairman of the Board of AWO and President and CEO of Blessey Marine Services notes that the MSIB implements legislation passed by Congress at the end of last year with overwhelming bipartisan support.
“AWO staff and members worked very hard to educate Members of Congress during the development of this legislation to ensure it would be both effective in fostering safe and harassment-free workplaces and practicable for vessel operators to implement,” he writes. “The final result, while not perfect, was a significant improvement over early drafts. The legislation includes provisions intended to improve the Coast Guard’s ability to take action against alleged offenders in addition to a requirement for the entity responsible for a vessel to report to the Coast Guard complaints or incidents of harassment, sexual harassment, or sexual assault in violation of company policy of which it is made aware. MSIB 1-23 implements this statutory mandate.
“AWO is engaged in advocacy at the highest levels of the Coast Guard to help the agency implement the law in a practicable way. The AWO Executive Committee has been involved in those discussions. AWO is also engaging with Congress to explore opportunities to clarify legislative intent. In the meantime, we have convened AWO’s Counsels Working Group, together with human resources subject matter experts, to develop common industry definitions and sample policies and procedures that members can use as tools to promote safe and harassment-free workplaces and comply with the law that is on the books today.”
