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46 U.S.C. § 51319Sexual assault response coordinators and sexual assault victim advocates

submitted 10 years ago by Pub. L. 114-328 to r/title-46-SHIPPING · 1,463 words · no verdicts yet

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The Merchant Marine Academy must have at least one full-time sexual assault response coordinator. The coordinator confidentially helps victims, explains their rights and options, and connects them to services. The Academy must also have a Special Victims Advisor and volunteer victim advocates for cadets.

(a) Sexual Assault Response Coordinators. The Academy must employ or contract at least one full-time coordinator who lives at or near the Academy. The Secretary may add more coordinators as needed. Each coordinator must be picked for their experience helping victims of these offenses and for legal protection that lets their communications stay privileged. The coordinator must, as far as the law allows, keep confidential the reports from any cadet who says they were a victim or witness. Within 90 days of enactment, the Maritime Administrator, working with the Office of Civil Rights, had to set up a way to verify coordinators finished proper training. That training must cover working with victims, the Academy's response policies and resources, and outside victim services at the national, state, and local level. Coordinators had to finish training within 270 days of enactment, or 180 days after starting the job. A coordinator's duties are to: (A) confidentially take a victim's report; (B) tell the victim their legal rights, reporting options, how to get services like medical care, forensic exams, legal help, and counseling, how the coordinator can help arrange those services and accommodations (like changing living arrangements), the victim's rights around protective orders, and privacy limits; (C) represent the victim's interests even if they conflict with the Academy's; (D) give the victim written materials on all this information; (E) work with Academy staff, with the victim's consent, to arrange accommodations; (F) keep the victim's identity and the incident private, unless the law requires disclosure, the victim asks for disclosure after being fully informed, or someone faces immediate danger; (G) help the victim report to the Academy or police, if asked; and (H) send the Maritime Administration's civil rights director a yearly report on how coordinator resources were used, including how many victims were helped. (b) Oversight. Each coordinator reports directly to the Superintendent, and also has a separate reporting line to the Maritime Administration's Executive Director on Maritime Administration or Department of Transportation matters, or if the coordinator believes Academy leadership is mishandling these issues. The Office of Civil Rights must support the coordinator on all these matters. A victim's request for an accommodation through the coordinator cannot by itself trigger an Academy investigation. The Academy cannot discipline, penalize, or retaliate against a coordinator, victim advocate, or companion for representing a victim's interests, even against the Academy's own interests. (c) Special Victims Advisor. The Secretary must name an attorney as Special Victims Advisor to give legal help to any cadet who is a victim of an alleged sex offense, whether the report is restricted or unrestricted. This attorney must know military, criminal, and civil law. Communications between the victim and this advisor get the same protection as confidential attorney-client communications. (d) Volunteer Sexual Assault Victim Advocates. The Secretary, through the Superintendent, must pick one or more permanent Academy employees to volunteer as victim advocates. Each advocate must be trained on sexual assault matters and the policy under section 51318, and serves voluntarily in addition to their regular job. Their main duties are: telling victims about their rights and resources, finding resources to keep victims safe, and connecting victims with a companion. At least one advocate or coordinator must act as a companion, helping the victim through investigation, medical, mental, emotional, and recovery processes; if the victim asks, a different advocate must be assigned as companion instead. The Secretary may partner with outside groups to provide more advocates or to carry out these companion duties. (e) Unfilled Vacancies. The Maritime Administrator may fill open coordinator or advocate positions without following the usual hiring rules in sections 3309 through 3319 of title 5.
the actual law source: uscode.house.gov ↗public domain
(a)Sexual Assault Response Coordinators.—
(1)Requirement for coordinators.—

The United States Merchant Marine Academy shall employ or contract with at least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary.

(2)Selection criteria.—

Each sexual assault response coordinator shall be selected based on—

(A)

experience and a demonstrated ability to effectively provide victim services related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(B)

protection of the individual under applicable law to provide privileged communication.

(3)Confidentiality.—

A sexual assault response coordinator shall, to the extent authorized under applicable law, provide confidential services to a cadet at the Academy who reports being a victim of, or witness to, sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(4)Training.—
(A)Verification.—

Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, in consultation with the Director of the Maritime Administration Office of Civil Rights, shall develop a process to verify that each sexual assault response coordinator has completed proper training.

(B)Training requirements.—

The training referred to in subparagraph (A) shall include training in—

(i)

working with victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

(ii)

the policies, procedures, and resources of the Academy related to responding to sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

(iii)

national, State, and local victim services and resources available to victims of sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

(C)Completion of training.—

A sexual assault response coordinator shall complete the training referred to in subparagraphs (A) and (B) not later than—

(i)

270 days after enactment of the National Defense Authorization Act for Fiscal Year 2018; or

(ii)

180 days after starting in the role of sexual assault response coordinator.

(5)Duties.—

A sexual assault response coordinator shall—

(A)

confidentially receive a report from a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking;

(B)

inform the victim of—

(i)

the victim’s rights under applicable law;

(ii)

options for reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy and law enforcement;

(iii)

how to access available services, including emergency medical care, medical forensic or evidentiary examinations, legal services, services provided by rape crisis centers and other victim service providers, services provided by the volunteer sexual assault victim advocates at the Academy, and crisis intervention counseling and ongoing counseling;

(iv)

such coordinator’s ability to assist in arranging access to such services, with the consent of the victim;

(v)

available accommodations, such as allowing the victim to change living arrangements and obtain accessibility services;

(vi)

such coordinator’s ability to assist in arranging such accommodations, with the consent of the victim;

(vii)

the victim’s rights and the Academy’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the Academy or a criminal, civil, or tribal court; and

(viii)

privacy limitations under applicable law;

(C)

represent the interests of any cadet at the Academy who reports being a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking, even if such interests are in conflict with the interests of the Academy;

(D)

advise the victim of, and provide written materials regarding, the information described in subparagraph (B);

(E)

liaise with appropriate staff at the Academy, with the victim’s consent, to arrange reasonable accommodations through the Academy to allow the victim to change living arrangements, obtain accessibility services, or access other accommodations;

(F)

maintain the privacy and confidentiality of the victim, and shall not notify the Academy or any other authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless—

(i)

otherwise required by applicable law;

(ii)

requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if the information is shared; or

(iii)

notwithstanding clause (i) or clause (ii), there is risk of imminent harm to other individuals;

(G)

assist the victim in contacting and reporting an incident of sexual harassment, dating violence, domestic violence, sexual assault, or stalking to the Academy or law enforcement, if requested to do so by the victim who has been fully and accurately informed about what procedures shall occur if information is shared; and

(H)

submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing how the resources supplied to the coordinator were used during the prior year, including the number of victims assisted by the coordinator.

(b)Oversight.—
(1)In general.—
(A)Reporting.—

Each sexual assault response coordinator shall—

(i)

report directly to the Superintendent; and

(ii)

have concurrent reporting responsibility to the Executive Director of the Maritime Administration on matters related to the Maritime Administration and the Department of Transportation and upon belief that the Academy leadership is acting inappropriately regarding sexual assault prevention and response matters.

(B)Support.—

The Maritime Administration Office of Civil Rights shall provide support to the sexual assault response coordinator at the Academy on all sexual harassment, dating violence, domestic violence, sexual assault, or stalking prevention matters.

(2)Prohibition on investigation by the academy.—

Any request by a victim for an accommodation, as described in subsection (a)(5)(E), made by a sexual assault response coordinator shall not trigger an investigation by the Academy, even if such coordinator deals only with matters relating to sexual harassment, dating violence, domestic violence, sexual assault, or stalking.

(3)Prohibition on retaliation.—

A sexual assault response coordinator, victim advocate, or companion may not be disciplined, penalized, or otherwise retaliated against by the Academy for representing the interests of the victim, even if such interests are in conflict with the interests of the Academy.

(c)Special Victims Advisor.—
(1)In general.—

The Secretary shall designate an attorney (to be known as the “Special Victims Advisor”) for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense regarding administrative and criminal proceedings related to such offense, regardless of whether the report of that offense is restricted or unrestricted.

(2)Special victims advisory.—

The Secretary shall ensure that the attorney designated as the Special Victims Advisor has knowledge of the Uniform Code of Military Justice, as well as criminal and civil law.

(3)Privileged communications.—

Any communications between a victim of an alleged sex-related offense and the Special Victim Advisor, when acting in their capacity as such, shall have the same protection that applicable law provides for confidential attorney-client communications.

(d)Volunteer Sexual Assault Victim Advocates.—
(1)In general.—

The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve as advocates for victims of sexual assaults involving cadets of the Academy or other Academy personnel.

(2)Training; other duties.—

Each victim advocate designated under this subsection shall—

(A)

have or receive training in matters relating to sexual assault and the comprehensive policy developed under section 51318; and

(B)

serve as a victim advocate voluntarily, in addition to the individual’s other duties as an employee of the Academy.

(3)Primary duties.—

While performing the duties of a victim advocate under this subsection, a designated employee shall—

(A)

support victims of sexual assault by informing them of the rights and resources available to them as victims;

(B)

identify additional resources to ensure the safety of victims of sexual assault; and

(C)

connect victims of sexual assault to companions, as described in paragraph (4).

(4)Companions.—
(A)In general.—

At least 1 victim advocate designated under this subsection, or a sexual assault response coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating investigative, medical, mental, and emotional health, and recovery processes relating to sexual assault.

(B)Alternate victim advocates.—

If requested by the victim, an alternate victim advocate shall be designated under this subsection to act as a companion to the victim, as described in subparagraph (A).

(5)Formal relationships with other entities.—

The Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3) and (4).

(e)Unfilled Vacancies.—

The Administrator of the Maritime Administration may appoint qualified candidates to positions under subsections (a) and (d) of this section without regard to sections 3309 through 3319 of title 5.

Source credit: (Added Pub. L. 114–328, div. C, title XXXV, § 3511(a), Dec. 23, 2016, 130 Stat. 2785; amended Pub. L. 115–91, div. C, title XXXV, § 3515(a), (b) (formerly § 3515(c)), Dec. 12, 2017, 131 Stat. 1924, 1927, § 3515(b) renumbered § 3515(c), Pub. L. 117–263, div. C, title XXXV, § 3513(c)(2), Dec. 22, 2022, 136 Stat. 3068; Pub. L. 117–263, div. C, title XXXV, § 3531(e), Dec. 23, 2022, 136 Stat. 3088.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-328 · 130 Stat. 2785
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1924, 1927
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3088

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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