A Merchant Marine Academy Cadet Reported Unwanted Touching Aboard USNS Kanawha. NCIS Closed the Case After He Declined to Participate.

EXECUTIVE SUMMARY

1. On 02Oct18, NCIS Resident Agency (NCISRA) Bahrain was notified by [REDACTED] 4 [REDACTED])CIV, Counsel, Military Sealift Command/Combined Task Force-53 (MSC/CTF-53) of the "sexual assault" of [REDACTED], U.S. Merchant Marine Academy (USMMA) by [REDACTED], 3rd Mate (3/M), USNS KANAWHA (T-AO 196). [REDACTED] completing Sea Duty aboard USNS KANAWHA. In Aug18 [REDACTED] informed the USMMA in reference to [REDACTED] cyhe goes for hugs often if I run into him outside of work, grabs my nipples when passing by, brushes up against me when passing...Something to do with touch." Additionally [REDACTED] though)[REDACTED] mgay have been the bisexual male writer of an anonymous note left under his door circa 19Aug18 alluding to meeting for a sexual relationship. On 03Oct18, the Sexual Assault Program and Response Office (SAPRO) Program Manager at the USMMA and [REDACTED] USMMA Victim Advocate (VA) informed NCIS that [REDACTED] transferred to another ship (NFI) and did not want to participate in the NCIS investigation into the unwanted sexual contact; [REDACTED] y c)only wanted to elevate the matter to MSC to ensure MSC was aware of the behavior occurring on the ship so that MSC could correct it. Through direct email contact with [REDACTED] provided DD Form 2701, Initial Information for Victims and Witnesses of Crime. On 14Oct18 he emailed that he did not wish to participate in the NCIS investigation, and on 09Nov18 provided his signed Victim Preference Statement (VPS) indicating such [REDACTED] interviewed and claimed [REDACTED] allegations against him were false and that he had very little interaction and few words with [REDACTED] apart from [REDACTED] "Constant complaining" about his "Academy's Director who forced him to ship out to attain the rest of his Sea Days. "p[REDACTED] could not identify any times when [REDACTED] have misinterpreted his actions. He denied ever commenting on [REDACTED] Physique, touching him, or having left the anonymous note under [REDACTED] door. Handwriting samp1es)[REDACTED] jorovided andu)[REDACTED] handwriting samples obtained from the ship's passdown log book were compared with the anonymous note and did not appear to match. Civilian Mariners from USNS KANAWHA were interviewed, none of whom reported witnessing on or off the ship any inappropriate behavior OM) [REDACTED] part, including)[REDACTED] tcouching [REDACTED] other male's body part(s); making any sexual or inappropriate comments relative to [REDACTED] other male; or expressing any potential sexual interest in [REDACTED] Reviews of social media and open sources were conducted which surfaced no information pertinent to this investigation. Due to) (pyé6) [REDACTED] preference not to participate in this investigation and the lack of additional leads, this investigation is hereby closed.

NARRATIVE

1. This reactive investigation was initiated in accordance with SECNAVINST 5430.107 and pertains to suspected violations of 18 U.S. Code 2244 (Abusive Sexual Contact).

2. On 02Oct18, NCIS Resident Agency (NCISRA) Bahrain was notified by[REDACTED], Counsel, Military Sealift Command/Combined Task Force-53 (MSC/CTF-53) of the "sexual assault" of [REDACTED], U.S. Merchant Marine Academy (USMMA) by [REDACTED], 3rd Mate (3/M), USNS KANAWHA (T-AO 196 [REDACTED]. WaS completing Sea Duty aboard USNS KANAWHA at the time. In Aug18 [REDACTED] informed [REDACTED] ~USN, USMMA, in reference 4o) , (oy \ yhe goes for hugs often if I run into him outside of work, grabs my nipples when passing by, brushes up against me when passing...Something to do with touch." Additionally, [REDACTED] thought [REDACTED] have been the bisexual male writer of an anonymous note left under his door circa 19Aug18 alluding to meeting for a sexual relationship [REDACTED] provided NCISRA Bahrain with a packet of documents, which contained an email chain [REDACTED] initiated on 19Aug18 witt»[REDACTED] anforming)[REDACTED] his difficulty getting along with [REDACTED] packet also contained a copy of the anonymous note allegedly left under ())6) [REDACTED] door. expressed reluctance to report the matter to the Chief Mate or Master of USNS KANAWHA due to concern it would "cause a ruckus on the ship" or with MSC or the USMMA. He stated he would "feel more comfortable in a different work environment" and "liked to switch to a commercial tanker to continue accruing days, loads, and discharges towards my PIC [REDACTED] ultimately reported [REDACTED] behavior to the Chief Mate and Master; Exhibit (1) pertains.

3. On 03Oct18, [REDACTED] Sexual Assault Prevention and Response Office (SAPRO) Program Manager, USMMA, and [REDACTED] ‘USN, USMMA, who was [REDACTED] Victim Advocate (VA), advised via email that [REDACTED] transferred from USNS KANAWHA to another ship (NFI) and did not want to participate in the NCIS investigation into the unwanted sexual contact; [REDACTED] ONLY wanted to ensure MSC was aware of the behavior occurring on the ship so that MSC could correct it. They advised that after [REDACTED] informed USNS KANAWHA leadership of the unwanted sexual contact, the Master did not elevate it to the attention of the Military Sealift Command (MSC) in accordance with MSC policy. When RA explained the need to hear directly from [REDACTED] concerning his willingness to participate in the NCIS criminal investigation or not, [REDACTED] Stated the USMMA was a federal service academy at which all USMMA cadets were civilians and not subject to the Uniform Code of Military Justice (UCMJ). As a result [REDACTED]did not have to speak directly with NCIS if he did not want to do so; Exhibit (2) pertains.

4. On 04Oct18, Participating Agent (PA [REDACTED] contacted (py). [REDACTED] email and provided him with DD Form 2701, Initial Information for Victims and Witnesses of Crime. On 09Oct18 [REDACTED] replied via email stating he was enroute to Norway aboard SS [REDACTED] CXT-AVB 3). On 14Oct18 [REDACTED] emailed stating he did not wish to participate in an investigation. The same date, PA [REDACTED] emailed [REDACTED] Victim Preference Statement (VPS) and asked him to sign and return it when he next had printer access. She also asked that if he changed his mind in the future and wanted to assist in the NCIS investigation, that he recontact NCIS. Prior to presentation of the VPS to [REDACTED] 14Oct18, presentation of the VPS toj(p [REDACTED] discussed with Supervisory Special Agent (SSA) [REDACTED] Assistant Special Agent in Charge (ASAC) [REDACTED] Gjand ASAC concurred with presentation of the VPS to [REDACTED] 09Nov18 [REDACTED] (0) emailed a signed, undated VPS; Exhibit (3) pertains.

5. On 07Oct18, the results of database checks for © [REDACTED], Cadet, U.S. Merchant Marine Academy (MMA) and [REDACTED], USNS KANAWHA (T-AO 196) were received for the following databases: Defense Central Index of Investigations II); National Crime Information Center (NCIC); Joint Personnel Adjudication System (JPAS); Department of Defense Data Exchange (DDEX); NCIS Knowledge Network (KNET); and ( ). According to JPAS, [REDACTED] Civilian Marine )[REDACTED] jeeth hold Secret clearances with access. No pertinent derogatory information was noted in the database checks; Exhibit (4) pertains.

6. Due to the time difference between the alleged abusive sexual contact and notification of NCISRA Bahrain, a Sexual Assault Forensic Examination (SAFE) was not conducted. Due to [REDACTED] declination to participate in the NCIS investigation and be interviewed, specific location(s) of the alleged abusive sexual contact could not be determined and no examination or documentation of the crime scene(s) was conducted as a result; Exhibits (5) and pertain.

7. On 07Oct18, Reporting Agent (RA) interviewed [REDACTED] concerning [REDACTED] allegations and the interview was audio and video recorded. Although [REDACTED] a civilian and not under arrest, RA advised him of his Miranda rights, whiqkhy6 [REDACTED] waived [REDACTED] axought with him signed statements from himself and those he obtained from three watchstanders: [REDACTED] In(h[REDACTED] statement, he claimed [REDACTED] allegations against him were false and that he had very little interaction and few words with [REDACTED] yc) apart from [REDACTED] "constant complaining" about his "Academy's Director who forced him to ship out to attain the rest of his Sea Days." In their signed statements, the three watchstanders either stated bye [REDACTED] complained about the USSMA or that they never witnessed any inappropriate actions or sexual harassment of [REDACTED] denied having inappropriately touched [REDACTED] time and claimed he found [REDACTED] allegations "vile." He stood the 0800-1200 bridge watch with [REDACTED]on two days, 16-17Aug18, and had a mentorship role with [REDACTED] during the watches, but [ ) [REDACTED] “awkward" during watch and "not talking freely." He heard [REDACTED] complain about the USMMA Director requiring [REDACTED] ship out to sea again and [REDACTED] wanting to get back to his girlfriend [REDACTED] could not identify any times when [REDACTED] have misinterpreted his actions; he denied ever commenting on [REDACTED] physique, touching his arms, hugging him, brushing up against him, or touching his nipples. He stated [REDACTED] never said "hi" or spoke to him in the passageways. He did not recall p\6), [REDACTED] ever telling him "mys)[REDACTED] mine." He did not recall [REDACTED]ever indicating to him that any behavior of his (H[REDACTED] €) was unwanted, and reiterated he had few interactions with [REDACTED] maintained the behavior he was accused of was inappropriate, and that if the Captain or Chief Mate did something similar to him [REDACTED] would have felt uncomfortable [REDACTED] denied leaving the anonymous note under [REDACTED] door alluding to a sexual relationship and stated he never classified himself as a "bi male. 't [REDACTED] xovided samples of his handwriting which did not appear to match the writing style in the note; Exhibit pertains.

8. On 10Oct18, [REDACTED] USNS KANAWHA, was interviewed [REDACTED] said not learn of any problems [REDACTED] with [REDACTED] until 19Aug18 following the morning muster, at which time [REDACTED] showed [REDACTED] ¢Ehe anonymous handwritten note [REDACTED] told [REDACTED] Gyhe believed\[REDACTED] ppssibly wrote the note because[REDACTED] jttad complimented his hair style, commented that [REDACTED] looked as if he had been working out at the gym, and simultaneously touched [REDACTED] bicep. [REDACTED] EJEOOK [REDACTED] Master of USNS KANAWHA, and informed him [REDACTED] immediately transferred [REDACTED] £rom [REDACTED] 9800-1200 watch to the 0400-0800 watch effective the following day, 20Aug18 [REDACTED] yjC)stated he heard nothing further of problems [REDACTED](G) had with [REDACTED] informed [REDACTED] just prior to 04Sep18 that the USMMA was reassigning [REDACTED] another ship, due to [REDACTED] Ccbehavior and the note [REDACTED] never witnessed [REDACTED] and [REDACTED] interact with one another and never saw either of them behave in a "touchy-feely" manner with others. [REDACTED] yprovided copies of the ship's passdown logbook to make copies of and identified two pages of the logbook that contained [REDACTED] writing, which did not appear to be the same as the writing style in the anonymous note; Exhibit (8) pertains.

9. On 10Oct18,\ [REDACTED], was interviewed [REDACTED] transferred to [REDACTED] 0400-0800 watch on 20Aug18 and stood approximately ten watches with [REDACTED] during a two-week period before leaving USNS KANAWHA [REDACTED] never disclosed any problems he had with [REDACTED] was a graduate of the USMMA. [REDACTED] Btated he got along well with [REDACTED] seemed like he wanted to learn. [REDACTED] hever heard [REDACTED] complain about work on the watch, but heard him complain about the USMMA forcing him to ship out to attain the rest of his Sea Days; his life at the USMMA; his negative thoughts about MSC and how inept the Navy was; and his desire to get home as soon as possible to see his girlfriend. [REDACTED] interactions. On and off the ship he never witnessed any inappropriate behavior Omt [REDACTED] part , including touching any male's body part(s); making any sexual or inappropriate comments relative *2 (bush ouch or any other male; or expressing any potential sexual interest in [REDACTED] Exhibit (9) pertains.

10. On 11Oct18, [REDACTED], was interviewed. He stood two 0800-1200 watches with [REDACTED] while) [REDACTED] watch officer. (4[REDACTED] stated he was shocked to hear about [REDACTED], accusation and did not believe [REDACTED] did what [REDACTED] accused him of becausie(é [REDACTED] always been a "top notice Third Mate in [REDACTED] experiencet[REDACTED] bwould teach you your job and stuff that is not part of your job, he'll teach you Third Mate stuff and pushes you to improve." (4[REDACTED] claimed he never Saw [REDACTED] puch [REDACTED] Comment about [REDACTED] physique, or otherwise behave inappropriately toward [REDACTED] never with [REDACTED] pertains.

11. On 11Oct18, [REDACTED], was interviewed. He never stood watch with both [REDACTED] and [REDACTED] at the same time and never saw [REDACTED] and [REDACTED] together at any time. He never observed [REDACTED] engage in with any other male the kind of behavior that [REDACTED] accused him of. He never observed [REDACTED] engage in any horseplay or joking around of the sort [REDACTED] could possibly have misinterpreted. [REDACTED] claimed that on the watches [REDACTED] wants to teach and teach you the right ways to do things and is always teaching you something else." He described [REDACTED] as "very professional" and not a "touchy-feely" guy, just "happy and excited and loud." He claimed he had minimal interaction with [REDACTED] saw him mainly in passing since they were on separate watches; Exhibit (11) pertains.

12. On 12Oct18 [REDACTED] forwarded to RA a copy of a statement he had [REDACTED] sign on his behalf. Similar to the statements [REDACTED] obtained from [REDACTED] and [REDACTED], [REDACTED] indicated that while he served on the 0800-1200 watch with [REDACTED] he never witnessed any actions exhibited by [REDACTED] or conduct that could be described as inappropriate, unprofessional, or as sexual harassment in [REDACTED] dealings with [REDACTED]. Exhibit (12) pertains.

13. On 13Oct18, [REDACTED] was interviewed. He could only recall being on watch with [REDACTED] when [REDACTED] was on [REDACTED] watch and thus did not have a lot of opportunity to see [REDACTED] interact. He stated he was surprised to hear about the sexual harassment allegation, and would not have expected the alleged behavior from [REDACTED] whom he thought was "always a fair officer." He did not hear [REDACTED] ever make any comments in reference to [REDACTED]. [REDACTED] stated [REDACTED] "Seemed really professional" and had a "good attitude." The only time he heard [REDACTED] mention anything that bothered him was when [REDACTED] mentioned the people who assigned the cadets to their ships at the USMMA. [REDACTED] recalled [REDACTED] said something about wanting "to go somewhere else and they wouldn't allow him, or this is where they sent him even though he had a request to go to a different ship, or something to that effect." [REDACTED] believed [REDACTED] did not have a poor attitude about doing his work on the ship, but that he preferred to be somewhere else to do the work; Exhibit (13) pertains.

14. On 29Nov18, reviews of social media and online open source information were conducted relative t[REDACTED] reviews surfaced no information pertinent to this investigation; Exhibit (14) pertains.

15. Due to [REDACTED], preference not to assist with this investigation and the lack of additional leads, this investigation is hereby closed. Should [REDACTED] Change his preference and opt to assist and/or additional investigative leads are identified, this investigation will be reopened.

16. [REDACTED], Commodore, MSC/CTF-53; [REDACTED] (o [REDACTED], Counsel, MSC/CTF-53; and] [REDACTED], Deputy Chief for Military Extraterritorial Jurisdiction Act (MEJA), Department of Justice, will be updated upon receipt of this report.