Maritime Legal Aid & Advocacy

Email to Elaine Chao: Call to Investigate Possible Sexual Assault Coverup at USMMA

Elaine_Chao_official_portrait_2.jpg

Secretary Chao,

I am calling on you to launch an investigation into the possible coverup of the sexual assault of a USMMA student during the Academy’s Sea Year by a USCG credentialed mariner.

The sexual assault in question is listed in the following 2017-2018 USMMA SASH Report that was published by your department: https://www.usmma.edu/sites/usmma.dot.gov/files/docs/about/communications/10616/preliminary-2017-2018-usmma-sash-report.pdf

At Table 6, Row 7 one of the reports of sexual assault is listed as follows:

“A midshipman was sexually assaulted by a crew member of a ship during sea year and reported it to the Academy.  The report was Unrestricted – occurred at sea; referred to U.S. Coast Guard for investigation.”

Most likely the report of sexual assault was sent to Captain Jason Neubaeur at the USCG, Chief of the office of Investigations & Analysis.  

Your department’s 2017-2018 SASH report states that after being referred to the USCG there was “No criminal prosecution” and that the Felony Sex Crime was then “referred to shipping company for administrative handling.

I would like to bring to your attention the fact that Criminal Prosecution is not the only option that the USCG has to punish mariners. 

The USCG also has the “Suspension & Revocation” process that is uses hundreds of times every year to punish mariners for misconduct at sea.

Your report does not mention whether or not the USCG sought to use the S&R process to punish the mariner, and I am asking you to find out if an S&R investigation was initiated at the USCG and if indeed any investigation was ever initiated at the USCG over this report of sexual assault sent to the uscg by your department.

Secretary Chao, I have heard some very disturbing stories about the relationship between Captain Eugene Albert, the man who has been in charge of the Academy’s Sea Year program for the past 15 years, and the men in the USCG’s “Safety” office.

These stories paint a picture of two organizations (the USMMA and USCG) working together to make reports of sexual assault of USMMA midshipmen “disappear.”

And I fear that is exactly what may have happened in this case.  

Secretary Chao, I am asking you to launch an investigation into this report of sexual assault at sea and into how it was handled by your DOT and by the USCG.

I am also calling for an investigation into the results of the “Administrative Handling” that was done by the shipping company that was stated in the Report.

Learning how this sexual assault was handled by the shipping company is critical to our understanding of whether or not the MARAD policies that resulted from the “Sea Year Standdown” have actually worked.  

We also need to learn if the person who sexualy assaulted this USMMA student is still employed by this company, still a member of his or her labor union, and whether or not the USMMA is continuing to send students out to vessels where this man or woman is working, thereby putting these students in danger of future sexual assaults.

Secretary Chao, an investigation of these matters literally has the potential to prevent future sexual assaults.

Thank you for your consideration of this request for an investigation.

V/R

J. Ryan Melogy

Maritime Legal Aid & Advocacy

www.maritimelegalaid.com/kings-point