USCG Administrative Law Judge Case
U.S. Coast Guard vs. Joseph Robert McCann
The Coast Guard alleged that Joseph Robert McCann unwelcome sexual advances or verbal conduct of a sexual nature toward the Deck Cadet by sending inappropriate messages via social media expressing a desire for an intimate relationship. The case outcome is recorded as 15-month suspension followed by 24 months probation; revocation automatically imposed if settlement conditions are not satisfied.
Disposition
Settlement Agreement
Posture
Settlement
Sanction
15-month suspension followed by 24 months probation; revocation automatically imposed if settlement conditions are not satisfied.
Judge
Walter Brudzinski
What the Record Shows
Case Summary
The Coast Guard alleged that Joseph Robert McCann unwelcome sexual advances or verbal conduct of a sexual nature toward the Deck Cadet by sending inappropriate messages via social media expressing a desire for an intimate relationship.
The May 1, 2023 Contested is tied to docket 2023-0106, Enforcement Activity Number 7642885, procedural posture: Settlement, disposition: Settlement Agreement.
The available record identifies the case as resolved through settlement or consent, so the summary should not characterize the settlement as an admission unless the agreement or order expressly says so.
The docket metadata records the findings as: Settlement Agreement: docket 2023-0106 was consolidated with docket 2022-0467 for settlement. The agreement states McCann neither admitted nor denied the factual allegations.
The recorded outcome or sanction is 15-month suspension followed by 24 months probation; revocation automatically imposed if settlement conditions are not satisfied.
Based on public docket metadata and available source documents. Allegations are described as allegations, not findings of fact or admissions.
Outcome
Settlement Agreement: docket 2023-0106 was consolidated with docket 2022-0467 for settlement. The agreement states McCann neither admitted nor denied the factual allegations.
Sanction: 15-month suspension followed by 24 months probation; revocation automatically imposed if settlement conditions are not satisfied.
Duration: 15 months suspension; 24 months probation
Case Timeline
Jul 22, 2017
Alleged conduct period begins
The 2023 complaint alleged conduct aboard the AMERICAN FREEDOM between July 22 and August 12, 2017.
Dec 6, 2022
Docket 2022-0467 assigned
Chief ALJ Walter J. Brudzinski issued a notice of assignment in docket 2022-0467.
Mar 8, 2023
Telephonic testimony order
Judge Brudzinski granted a Coast Guard request for two witnesses to testify by telephone in docket 2022-0467.
Mar 15, 2023
Docket 2023-0106 complaint issued
The Coast Guard issued a complaint alleging sexual harassment and misconduct.
Mar 27, 2023
Motion to dismiss filed
McCann moved to dismiss the 2023 complaint as time-barred.
Apr 19, 2023
Motion to dismiss denied in part
Judge Brudzinski denied dismissal of Count 1 and dismissed Count 2 without prejudice as written.
Apr 21, 2023
Settlement agreement signed
The settlement agreement was signed by McCann and LCDR Orlando Hernandez.
Apr 28, 2023
Dockets consolidated for settlement
The consent order states the ALJ granted the parties’ joint motion to consolidate docket numbers 2022-0467 and 2023-0106 for settlement.
May 1, 2023
Settlement approved
Judge Brudzinski approved the settlement agreement and canceled the scheduled hearing.
Case Metadata
- Docket Number
- 2023-0106
- Related Proceedings
- Docket 2022-0467 Settlement Agreement
- Enforcement Activity Number
- 7642885
- Judge
- Walter Brudzinski
- Source Era
- 2023–Present Docket Era
- Dispositive Order Type
- Contested
- Allegation
- Sexual Misconduct; Sexual Harassment; Misconduct
- Source wording: unwelcome sexual advances or verbal conduct of a sexual nature toward the Deck Cadet by sending inappropriate messages via social media expressing a desire for an intimate relationship
- Alleged conduct dates: July 22, 2017 - August 12, 2017
- Authorities Cited
- 46 U.S.C. § 7704a46 U.S.C. § 2101(46)(C)46 U.S.C. § 7703(1)(B)46 C.F.R. § 5.2746 C.F.R. § 5.5546 C.F.R. § 5.6133 C.F.R. § 20.502
- Coast Guard Representative
- Jennifer A. Mehaffey, Esq.; LCDR Orlando Hernandez
- Mariner / Respondent Counsel
Brian McEwing, Reeves McEwing LLP
Attorney for Respondent / Consent Order Approving Settlement Agreement / May 1, 2023
Anthony Sabitsky, Reeves McEwing LLP
Attorney for Respondent / Consent Order Approving Settlement Agreement / May 1, 2023
Sources, Context, and Method
What This Record Does and Does Not Show
Coast Guard suspension and revocation cases are administrative proceedings about a merchant mariner credential. They generally begin when a Coast Guard investigating officer files a complaint with the ALJ Docketing Center. Unless the case goes to a hearing and an ALJ finds the complaint allegations proved in a written decision and order, the allegations should be understood as allegations, not findings.
A settlement agreement or consent order can end the proceeding without an admission of the alleged conduct. This page therefore separates what the Coast Guard alleged from what an ALJ, Commandant appeal decision, default order, settlement order, dismissal, or other public record actually decided.
MLAA builds these pages from public Coast Guard ALJ docket data, official Coast Guard source documents, preserved docket-source proof, and available orders or decisions. We preserve source records where we can, label allegations as allegations, avoid treating docket categories as factual findings, and invite source-backed corrections when a record needs to be fixed.
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