46 U.S.C. § 51318 (SHIPPING)
§ 51318. Policy on sexual harassment and sexual assault
(a) Required Policy.—
(1) In general.—
The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual assault applicable to the cadets and other personnel of the Academy.
(2) Matters to be specified in policy.—
The policy on sexual harassment and sexual assault prescribed under this subsection shall include—
(A) a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;
(B) procedures that a cadet or other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual assault, including—
(i) specifying the person or persons to whom an alleged occurrence of sexual harassment or sexual assault should be reported by the victim and the options for confidential reporting;
(ii) specifying any other person whom the victim should contact; and
(iii) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault;
(C) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;
(D) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual assault involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible;
(E) procedures through which—
(i) questions regarding sexual harassment or sexual assault can be confidentially asked and confidentially answered;
(ii) victims can report incidents of sexual assault confidentially; and
(iii) the privacy of victims of sexual harassment and sexual assault will be protected; and
(F) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual assault involving Academy personnel.
(3) Availability of policy.—
The Secretary shall ensure that the policy developed under this subsection is available to—
(A) all cadets and employees of the Academy; and
(B) the public.
(4) Consultation and assistance.—
In developing the policy under this subsection, the Secretary may consult with or receive assistance from such Federal, State, local, and national organizations and subject matter experts as the Secretary considers appropriate.
(b) Development Program.—
(1) In general.—
The Secretary shall ensure that the development program of the Academy includes a section that—
(A) describes the relationship between honor, respect, and character development and the prevention of sexual harassment and sexual assault at the Academy;
(B) includes a brief history of the problem of sexual harassment and sexual assault in the merchant marine, in the Armed Forces, and at the Academy; and
(C) includes information relating to reporting sexual harassment and sexual assault, victims’ rights, and dismissal for offenders.
(2) Minimum training requirements.—
The Superintendent shall ensure that all cadets receive training on the sexual harassment and sexual assault prevention and response sections of the development program of the Academy, as described in paragraph (1), as follows:
(A) An initial training session, which shall occur not later than 7 days after a cadet’s initial arrival at the Academy.
(B) Additional training sessions, which shall occur biannually following the cadet’s initial training session until the cadet graduates or leaves the Academy.
(c) Annual Assessment.—
(1) In general.—
The Secretary, in cooperation with the Superintendent, shall conduct an assessment at the Academy, during each Academy program year, to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment and sexual assault involving cadets or other Academy personnel.
(2) Biennial survey.—
For each assessment of the Academy under paragraph (1) during an Academy program year that begins in an odd-numbered calendar year, the Secretary shall conduct a survey of cadets and other Academy personnel—
(A) to measure—
(i) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy campus, that have been reported to officials of the Academy; and
(ii) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy campus, that have not been reported to officials of the Academy; and
(B) to assess the perceptions of cadets and other Academy personnel on—
(i) the policies, procedures, and training programs of the Academy on sexual harassment and sexual assault involving cadets or other Academy personnel;
(ii) the enforcement of the policies described in clause (i);
(iii) the incidence of sexual harassment and sexual assault involving cadets or other Academy personnel; and
(iv) any other issues relating to sexual harassment and sexual assault involving cadets or other Academy personnel.
(3) Focus groups for years when survey not required.—
In any year in which the Secretary is not required to conduct the survey described in paragraph (2), the Secretary shall conduct focus groups at the Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at the Academy.
(d) Annual Report.—
(1) In general.—
For each Academy program year, the Superintendent shall submit to the Secretary a report that provides information about sexual harassment and sexual assault involving cadets or other Academy personnel.
(2) Contents.—
Each report submitted under paragraph (1) shall include, for the Academy program year covered by the report—
(A) the number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials;
(B) the number of the reported cases described in subparagraph (A) that have been substantiated;
(C) the policies, procedures, and training implemented by the Superintendent and the leadership of the Academy in response to incidents of sexual harassment and sexual assault involving cadets and other Academy personnel; and
(D) a plan for the actions that will be taken in the following Academy program year regarding prevention of, and response to, incidents of sexual harassment and sexual assault involving cadets and other Academy personnel.
(3) Survey and focus group results.—
(A) Survey results.—
Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).
(B) Focus group results.—
Each report under paragraph (1) for an Academy program year in which the Secretary is not required to conduct the survey described in subsection (c)(2) shall include the results of the focus group conducted in that program year under subsection (c)(3).
(4) Reporting requirement.—
(A) By the superintendent.—
For each incident of sexual harassment or sexual assault reported to the Superintendent, the Superintendent shall provide to the Secretary and the Board of Visitors of the Academy a report that includes—
(i) the facts surrounding the incident, except for any details that would reveal the identities of the people involved; and
(ii) the Academy’s response to the incident.
(B) By the secretary.—
The Secretary shall submit a copy of each report received under subparagraph (A) and the Secretary’s comments on the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 114–328, div. C, title XXXV, § 3510(a), Dec. 23, 2016, 130 Stat. 2782.)
heading: Sea Year Compliance
text: Pub. L. 114–328, div. C, title XXXV, § 3514, Dec. 23, 2016, 130 Stat. 2788, provided that:
“Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2016], the Maritime Administrator, in consultation with operators of commercial vessels of the United States, shall establish—
“(1) criteria that vessel operators must meet in order to participate in the Sea Year program of the United States Merchant Marine Academy that addresses sexual harassment, sexual assault, and other inappropriate conduct; and
“(2) a process for verifying compliance with the criteria.”
heading: Actions To Address Sexual Harassment and Violence at the United States Merchant Marine Academy
text: Pub. L. 110–417, div. C, title XXXV, § 3507, Oct. 14, 2008, 122 Stat. 4765, provided that:
“(a) Required Policy.—
The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
“(b) Matters To Be Specified in Policy.—
The policy on sexual harassment and sexual violence prescribed under this section shall include—
“(1) a program to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel;
“(2) procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including—
“(A) a specification of the person or persons to whom an alleged occurrence of sexual harassment or sexual violence should be reported by a cadet and the options for confidential reporting;
“(B) a specification of any other person whom the victim should contact; and
“(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault;
“(3) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel;
“(4) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible; and
“(5) required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.
“(c) Annual Assessment.—
“(1) The Secretary shall direct the Superintendent to conduct an assessment at the Academy during each Academy program year, to be administered by the Department of Transportation, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.
“(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey, to be administered by the Department, of Academy personnel—
“(A) to measure—
“(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
“(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and
“(B) to assess the perceptions of Academy personnel of—
“(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
“(ii) the enforcement of such policies;
“(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and
“(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.
“(d) Annual Report.—
“(1) The Secretary shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.
“(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:
“(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.
“(B) The policies, procedures, and processes implemented by the Superintendent and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.
“(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.
“(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).
“(4)
(A) The Superintendent shall transmit to the Secretary, and to the Board of Visitors of the Academy, each report received by the Superintendent under this subsection, together with the Superintendent’s comments on the report.
“(B) The Secretary shall transmit each such report, together with the Secretary’s comments on the report, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.”