In May 2023, the United States Coast Guard (USCG) announced significant new policies regarding sexual assault, sexual harassment, and harassment reporting requirements. These policy changes represent a pivotal shift in the maritime industry’s approach to addressing and preventing sexual misconduct. 

An attorney can provide an overview of these new policies, focusing on how they affect both new applicants and current holders of Merchant Mariner Credentials (MMCs), particularly those with prior convictions for sexual misconduct.

Background on Merchant Mariner Credentials (MMCs)

Before delving into the policy changes, you need to understand the significance of Merchant Mariner Credentials in the maritime industry. An MMC is a professional certification issued by the USCG that serves as proof of a mariner’s qualifications and fitness to serve on merchant vessels. 

MMCs are required for individuals working on most U.S. flagged vessels, including cargo ships, passenger vessels, and offshore supply vessels. These credentials ensure that mariners have the necessary skills, knowledge, and physical capabilities to perform their duties safely and effectively in the challenging maritime environment.

To obtain an MMC, applicants must meet several requirements, including:

  1. Age requirement (typically 18 years or older)
  2. Proof of U.S. citizenship or permanent residency
  3. Physical examination and drug testing
  4. Basic safety training
  5. Sea service or relevant experience
  6. Passing written and practical examinations specific to their intended position

The stringent requirements for obtaining an MMC underscore its importance in maintaining safety and professionalism in the maritime industry. It’s not merely a work permit but a testament to a mariner’s competence and character.

Coast Guard New Policy on Sexual Assault Convictions for Merchant Mariners

Types of MMCs and Endorsements

MMCs come in various types, each corresponding to different roles and responsibilities aboard vessels:

  1. Deck Officer endorsements (e.g., Master, Chief Mate, Second Mate)
  2. Engineering Officer endorsements (e.g., Chief Engineer, First Assistant Engineer)
  3. Ratings endorsements (e.g., Able Seaman, Qualified Member of the Engine Department)
  4. STCW endorsements (Standards of Training, Certification and Watchkeeping)

Each type of MMC requires specific qualifications, training, and sea time. The new USCG policy applies to all types of MMCs, regardless of the specific endorsements.

Context for the Policy Change

The USCG’s new policy on sexual assault convictions for merchant mariners is a response to increasing criticism of how sexual assault allegations have been handled in the past. This policy change didn’t emerge in a vacuum but is the result of several factors that have brought the issue of sexual misconduct in the maritime industry to the forefront.

High-Profile Incidents and Reports

Several high-profile incidents and reports have highlighted the prevalence of sexual misconduct at sea:

  1. In 2020, a report by the Maritime Legal Aid & Advocacy (MLAA) revealed numerous accounts of sexual harassment and assault on commercial vessels, cruise ships, and in maritime academies. The report detailed instances of crew members being sexually assaulted by superiors, with little recourse due to the isolated nature of their work environment.
  2. The same year, the U.S. Merchant Marine Academy temporarily suspended its Sea Year program due to concerns about sexual assault and harassment of midshipmen during their training at sea. This decision came after several midshipmen reported instances of sexual harassment and assault during their time aboard commercial vessels.
  3. A 2021 survey conducted by the International Transport Workers’ Federation found that 60% of women seafarers reported experiencing sexual harassment on board. The survey also revealed that many incidents go unreported due to fear of retaliation or damage to career prospects.
  4. In 2022, a congressional report highlighted systemic failures in addressing sexual assault and harassment in the maritime industry, calling for stronger policies and better enforcement mechanisms.

These incidents and statistics have led to increased scrutiny of the maritime industry’s handling of sexual misconduct. Critics argued that the existing policies and procedures were inadequate in preventing such incidents and holding perpetrators accountable.

Legislative Efforts

The policy change also aligns with broader legislative efforts. For instance, the Elijah E. Cummings Coast Guard Authorization Act of 2020 included provisions to improve the USCG’s handling of sexual assault and harassment cases. 

This legislation mandated the establishment of a Sexual Assault Prevention and Response Program and required the USCG to report annually on sexual assault and harassment incidents.

Additionally, the Safer Seas Act, introduced in Congress in 2023, aims to strengthen protections for mariners against sexual harassment and assault. This proposed legislation would require vessels to have clear policies and procedures for reporting and investigating incidents of sexual misconduct.

The New Policy

In response to this criticism and growing public pressure, the USCG has taken steps to strengthen its policies. The new policy on sexual assault convictions for merchant mariners is part of a broader effort to address these issues and improve safety in the maritime environment.

Evaluation of Suitability for Applicants with Convictions for Sexual Assault

The Office of Merchant Mariner Credentialing has published CG-MMC Policy Letter 03-23, titled “Evaluation of Suitability for Applicants with Convictions for Sexual Assault.” This policy letter outlines the USCG’s approach to evaluating applications for an MMC when the applicant has a previous conviction for a sexual offense.

Under the provisions of 46 CFR 10.209(e)(1), the USCG is responsible for determining the safety and suitability of applicants for an MMC. This determination becomes particularly significant when an applicant’s criminal history record information (CHRI) reveals a prior conviction for a sexual offense, as defined by 46 U.S.C. § 7511.

Disqualification and Denial of MMC for Convicted Sexual Offenses

According to the new policy, an applicant “shall be denied” an MMC if they have been convicted of the following disqualifying offenses under 46 U.S.C. § 7511:

  1. A conviction for any of the following offenses under 18 U.S.C. § 109A:
  1. A conviction for a substantially similar offense under state or local law

In addition, an MMC “may be denied” to an applicant with a conviction within 5 years of the application for:

Furthermore, if a mariner’s Transportation Worker Identification Credential (TWIC) has been revoked by the Transportation Security Administration due to a disqualifying warrant, indictment, or conviction for rape or aggravated sexual abuse, they are also not eligible to hold an MMC.

Impact on Current MMC Holders

If a mariner already possesses an MMC, the Coast Guard will initiate a Suspension & Revocation Complaint under 46 U.S.C. § 7703(5) seeking the revocation of their credential. 

This statute allows the USCG to suspend or revoke an MMC if they conclude that the mariner “is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.”

This means that an individual who has held an MMC for decades may suddenly have that credential revoked if they have a prior conviction for a sex offense on their record. This aspect of the policy has been particularly controversial, as it potentially affects the livelihoods of long-time mariners who may have believed their past offenses were behind them.

The Evaluation Process

The USCG’s evaluation process for MMC applicants with criminal histories is thorough and multi-faceted. Understanding this process is crucial for both applicants and current credential holders.

  1. Criminal History Record Information (CHRI) Check: Every MMC application triggers a comprehensive background check. This includes a review of the FBI’s criminal database and state-level records. The CHRI reveals any arrests, charges, or convictions in the applicant’s history.
  2. Self-Disclosure: Applicants are required to disclose any criminal history on their application. Failure to disclose can result in denial of the application, even if the offense itself wouldn’t have been disqualifying. This emphasizes the importance of honesty and transparency in the application process.
  3. Evaluation of Offenses: The USCG categorizes offenses into three main groups: a) Permanently disqualifying offenses (e.g., aggravated sexual abuse) b) Interim disqualifying offenses (e.g., abusive sexual contact within the past 5 years) c) Other offenses that require individual assessment
  4. Assessment Criteria: For offenses that aren’t automatically disqualifying, the USCG considers several factors:
    • The nature and severity of the offense
    • How recently the offense occurred
    • The circumstances surrounding the offense
    • The applicant’s age at the time of the offense
    • Any evidence of rehabilitation This nuanced approach allows for consideration of individual circumstances while maintaining high standards of safety and conduct.
  5. Request for Additional Information: In some cases, the USCG may request additional information from the applicant. This could include court records, character references, or evidence of rehabilitation. Applicants should be prepared to provide comprehensive documentation to support their case.
  6. Administrative Review: A team of specialists at the National Maritime Center reviews each case individually. They consider all available information to make a determination on the applicant’s safety and suitability. This review process ensures that each case receives thorough consideration.
  7. Decision and Notification: After the review, the USCG makes a decision to approve, deny, or seek further action on the application. The applicant is notified in writing of the decision. In cases of denial, the notification includes the reasons for the decision and information about the appeal process.
  8. Appeal Process: If an application is denied, the applicant has the right to appeal the decision. This involves submitting additional information or arguments to support their case. The appeal process provides a safeguard against potential errors or oversights in the initial evaluation.

Legal Assistance for Affected Mariners

The suspension and revocation (S&R) process is intricate, and hiring a lawyer experienced in this complex area of law can greatly improve chances of retaining an MMC. Without a valid Merchant Mariner Credential, a mariner’s ability to work is severely compromised.

Attorneys experienced in Merchant Mariner Credential cases can provide representation throughout the entire S&R process. They can:

  1. Investigate allegations thoroughly
  2. Gather supporting evidence, including character witnesses and proof of rehabilitation
  3. Build a robust case for the S&R hearing
  4. Represent the mariner during administrative proceedings
  5. File and argue appeals if necessary
  6. Advise on potential alternative career paths or options for reinstatement

Industry Impact and Reactions

The implementation of this new policy has sparked considerable debate within the maritime industry. While many applaud the USCG’s efforts to create a safer working environment, others express concerns about the policy’s broad application and potential for unintended consequences.

Positive Reactions

Supporters of the policy argue that it sends a clear message that sexual misconduct will not be tolerated in the maritime industry. They believe it will:

  1. Deter potential offenders
  2. Encourage victims to come forward
  3. Improve the overall safety culture on vessels
  4. Attract more diverse talent to the industry by creating a more inclusive environment

Concerns and Criticisms

Critics of the policy have raised several concerns:

  1. Retroactive Application: The policy affects current MMC holders with past convictions, which some argue is unfairly retroactive.
  2. Limited Consideration of Rehabilitation: There are concerns that the policy doesn’t adequately account for successful rehabilitation efforts.
  3. Potential for False Accusations: Some worry about the potential for false accusations leading to career-ending consequences.
  4. Impact on Workforce: With the maritime industry already facing staffing challenges, there are concerns about the policy’s impact on the available workforce.

Our Attorneys Handle Merchant Mariner Credential Cases

The attorneys at National Security Law Firm, who represent clients in the Merchant Mariner Credential suspension and revocation process, understand the importance of your MMC to your livelihood and will diligently protect it on your behalf.

If you receive notice of a suspension or revocation, it is imperative that you promptly seek the assistance of a Merchant Mariner Credential lawyer to defend your MMC vigorously. We provide legal representation for mariners throughout the entire S&R process, regardless of location.

Our team of Merchant Mariner Credential lawyers will thoroughly investigate the allegations, gather supporting evidence, and build a robust case for the S&R hearing and any potential appeals. Contact us today to schedule a complimentary consultation and discuss your options at (844) 625-0801.