D RAFT 10 DEC 21 Pre-Decisional
DRAFT – NOT FINAL
EVERY MARINER BUILDS A RESPECTFUL CULTURE (EMBARC)
SEXUAL ASSAULT AND SEXUAL HARASSMENT (SASH) PREVENTION
MANDATORY ELIGIBILITY STANDARDS
FOR VESSEL OPERATOR PARTICIPATION IN THE USMMA SEAYEAR PROGRAM (AND OTHER MARINER CADET TRAINING ONBOARD COMMERCIAL VESSELS)
DECEMBER 2021
VISION STATEMENT: Every mariner deserves to work in a safe and inclusive environment where everyone is welcome and supported, and their dignity is fully respected.
Purpose
It is the purpose and objective of the Maritime Administration and necessary for the national defense and the development of the domestic and foreign commerce of the United States, to have a Merchant Marine comprised of trained and efficient citizen personnel. The USMMA and State Maritime Academies educate and graduate U.S. Coast Guard licensed Merchant Marine Officers whose contributions to marine transportation will be enhanced in a professional community fostered by mutual respect, support, and accountability. Accordingly, the U.S. Department of Transportation and the Maritime Administration (MARAD) require all U.S.-flag vessel operators that train U.S. mariner cadets to adopt and follow the Every Mariner Builds a Respectful Culture (EMBARC) Sexual Assault and Sexual Harassment (SASH) Prevention Mandatory Standards (EMBARC Standards)—a set of policies, programs, and practices to help strengthen a culture of SASH prevention, and support appropriate responses to incidents of sexual violence and sexual harassment and other forms of misconduct—and complete enrollment before embarking any cadet.
The standards set forth below apply to vessels to which the International Convention for Safety of Life at Sea 1974 applies. MARAD will amend the EMBARC Standards as soon as practicable to include standards that apply the principles and equivalent procedures of EMBARC to vessels for which the International Convention for the Safety of Life at Sea 1974 does not apply.
The Department of Transportation (DOT), MARAD, and USMMA are committed to ongoing evaluation and improvement of these standards to incorporate emerging best practices and will engage closely and regularly with all stakeholders, including cadets from USMMA, to assess implementation and discuss options to further strengthen the EMBARC program.
The EMBARC Standards outline policies and procedures that seek to prevent, respond to, and redress incidents of SASH and foster a safe and supportive environment. The following Core Tenets frame the EMBARC Standards, which call on U.S.-flag shipping companies as well as educational institutions, labor, and mariners to:
Build and maintain a shipboard culture of inclusion and respect.
Establish zero tolerance policies for SASH, harassment, and hostile work environment, zero tolerance for retaliation against anyone who reports assault or harassment, and proportionate responses to policy infractions.
Eliminate the barriers that survivors, witnesses and bystanders face in reporting SASH incidents.
Support survivors, witnesses and bystanders who report SASH incidents.
Promptly address any report of behavior that is inconsistent with EMBARC Standards, using every available resource.
Review all company and vessel policies and procedures to ensure such policies fully support a work environment in which assault, harassment and retaliation against those who report assault or harassment—are not tolerated.
Implement SASH best practices and commit to adopting updates when such practices are promulgated by MARAD.1
Incorporate SASH prevention, response, and reporting procedures into the Company and Vessel Safety Management Systems.
1. Each Vessel Operator agrees to comply with the EMBARC Standards, which replace the SCCT Sea Year Eligibility Requirements (dated March 16, 2020), by certifying completion of the immediate actions set forth in Section IV below on the EMBARC enrollment form Accession Checklist and submitting the form and completed checklist to MARAD. Vessel operators shall submit copies of their SASH policies together with the enrollment form completed checklist.
2. Each Vessel Operator agrees to conduct self-assessments of its compliance with the EMBARC Standards annually thereafter and to submit the results of all self-assessments to MARAD. Vessel Operators shall submit copies of their SASH policies together with assessment results.
3. Each Vessel Operator agrees to permit MARAD—including third parties hired by the MARAD—to conduct recurring assessments of its compliance with the EMBARC Standards.
Before accepting cadets on board, each operator shall take the following actions:
Confirm that SASH reporting policies and procedures that ensure compliance with the Standards of the EMBARC program will be incorporated into their Safety Management System (SMS) within 90 days of enrollment in EMBARC.
Designate a person ashore who will be the primary contact for all SASH issues (SASH Contact). Within 90 days of enrollment in EMBARC, the designated SASH Contact must complete the free 40-hour Victim Assistance Training Online provided by the Office for Victims of Crime Training & Technical Assistance Center and attain the National Advocate Credentialing Program provisional level certification (https://www.thenacp.org/) or an equivalent training program.
3. Meetings between the SASH Contact and Cadet.
Confirm that cadets will have (1) a virtual or in-person meeting with the SASH Contact before joining a ship; or, if there is inadequate time between a cadet’s assignment to a vessel and the cadet’s embarkation, (2) the SASH Contact shall make contact with the cadet within 48 hours of the cadet’s embarkation (via the cadet’s satellite phone if the cadet is equipped with such a device).
4. Communication Measures.
Implement measures to—
a. Confirm that SASH Contacts and cadets can communicate as needed once a cadet is on board, including adopting measures to require that the SASH Contact initiate contact with each assigned cadet within the first 7 days of vessel onboarding;
b. Confirm that the SASH Contact shall respond to cadet outreach no later than the next business day;
c. Ensure that whenever a cadet is aboard a vessel for more than 30 days, the SASH Contact shall initiate contact, via email, with the cadet at least every 14 days;
d. Require the SASH Contact to encourage and honor requests from cadets for increased frequency of check-ins; and
e. Ensure the SASH Contact makes a record of any possible violations and ensures prompt and thorough investigation and corrective action, where appropriate, and/or referral to proper authorities.
5. Safety practices.
Reinforce Vessel Operator safety practices (including SASH prevention, bystander intervention, reporting procedures, and alcohol prohibitions) frequently with every cadet and crew member through on-board or virtual meetings in accordance with company procedures to strengthen a culture of prevention and build industry-wide understanding and accountability.
6. Crew-Cadet Interaction.
Adopt policies that prohibit cadets from entering the stateroom of any other crew member; prohibit ship’s crew members from entering cadets’ private staterooms for any reason other than official maintenance or housekeeping duties during appropriate working hours and with adequate notice; and provide functional door locks for all cadet staterooms. Vessel Operator SASH policies shall include a list of all master key holders with access to cadet staterooms identified by position. Vessel Operator policies shall also establish and maintain open-door office or workspace interaction between cadets and other ship’s employees, except when impractical due to vessel compartment configuration or safety procedures.
7. Vessel Operator training requirements.
Safety Management Systems shall establish quarterly training requirements on SASH prevention, bystander intervention, reporting, and response procedures for all shipboard personnel (regardless of whether cadets are on board). Cadets shall participate in, but shall not have any role in managing, this training.
All officers and crew shall be required to complete the Maritime Sexual Assault and Sexual Harassment Prevention Training before a cadet is embarked and to repeat the training annually.2
Incorporate SASH discussions in periodic Vessel Safety Meetings using materials similar to those in the Facilitator’s Guide and Student Workbook in the SOCP SASH Tool Kit.3
Provide copies of SASH prevention policies and reporting procedures in every stateroom.
Display company policies prohibiting SASH, retaliation, drug and alcohol usage, and cadet presence in crew member staterooms/crew member presence in cadet staterooms on board.
Display posters and guides that support a respectful and inclusive workplace culture. Display SASH prevention, reporting, and response posters prominently in common areas of the vessel. Vessel Operators shall also display such posters in shoreside facilities to which cadets have access.
Distribute the quick reference guide brochures in the SOCP SASH Tool Kit or other comparable materials to all crew, officers, cadets, and all shore-based personnel who interact with, or have responsibilities related to, officers, crew and cadets. Tips for prevention of, and response to, SASH behaviors shall be provided as appropriate for each intended audience.
Vessel operators agree to reinforce training, specifically:
Require Vessel Masters to introduce cadets to ship’s company employees as soon as practicable after boarding to foster an open, welcoming environment for Sea Year students.
Require Vessel Masters to ensure that cadets are familiarized with the ship during onboarding in accordance with the Safety Management System.
8. Reporting.
When cadets are embarked, Vessel Operators shall immediately (within 24 hours after learning of an allegation) notify USMMA of an allegation of SASH-involved behavior, regardless of whether the behavior involves a cadet. If the incident involves a cadet, operators shall provide a complete report of investigation to USMMA when concluded. Vessel Operator policies shall require that: (1) thorough investigation of alleged violations of the SASH policy meet best practices for investigations of sexual assaults and sexual harassments; and, (2) interviews be conducted using trauma-informed interview methods.
The Vessel Operator’s company policies shall require that the SASH Contact independently and promptly (within 48 hours of learning of a complaint) informs the Coast Guard of any and all shipboard complaints of a sexual offense prohibited under current law. All notifications can be made to the Coast Guard by contacting the nearest Coast Guard Sector Command Center or the National Command Center, which are available 24/7 to initiate investigations and provide survivor support. Command Center contact information, including emergency phone lines and email addresses can be found at the following website: https://www.uscg.mil/contact/. In addition, the Coast Guard Investigative Service (CGIS) has established CG Tips, a web-based and mobile alternative to submit anonymous reports about crimes witnessed or experienced aboard a vessel directly to a Coast Guard criminal investigator. The CG Tips App can be downloaded from a mobile provider's marketplace using the following QR code:
For more information about CGIS, or to submit a tip via the web, visit: https://www.uscg.mil/Units/Coast-Guard-Investigative-Service/”
Vessel Operator company leadership should inform the Coast Guard of predatory or problematic behaviors by assigned personnel, including adverse or disciplinary actions that result in termination or a probationary status of any crewmember for harassment or SASH.
9. Best Practices.
Each Vessel Operator shall review company policies within the Safety Management System to determine if they are at least as comprehensive as those listed in the current version of the SOCP Best Practices Guide and revise as necessary, including but not limited to the following policies:
Employee Best Practices:
Best Practice #1: Reporting of Sexual Harassment & Sexual Assault
Best Practice #2: Basic Do’s and Don’ts
Best Practice #3: Safety on Shore Leave
Best Practice #4: Response to Sexual Harassment & Sexual Assault
Drugs & Alcohol
Company Investigation Process
Victim Advocacy
“Did You Know?”
Vessel Operator Company Best Practices:
Best Practice #1: Defining Sexual Harassment & Sexual Assault
Best Practice #2: Nurturing a Culture Free of Sexual Harassment & Sexual Assault
Best Practice #3: Development of Prevention Policies
Best Practice #4: Effective Training on Sexual Harassment & Sexual Assault Prevention and Response
Best Practice #5: Establishing Reporting Options
Best Practice #6: Response to Sexual Harassment & Sexual Assault
10. Compliance Review.
Vessel Operators shall meet with DOT, MARAD, USMMA and other invited government and industry participants quarterly, or as called by DOT/MARAD/USMMA, to assess compliance with SASH policies and implement any necessary adjustments and/or corrections.
IV. Intermediate Actions to be taken by Vessel Operators, to be completed within the times noted below after adoption of these EMBARC Standards.
Within one year, implement vessel master key control systems, manual or electronic.
Within one year, develop and implement recommended SASH Contact training and annual refresher training for designated SASH contacts to include survivor advocacy and instruction in training and education principles. Each Vessel Operator shall designate and train an appropriate number of designated SASH Contacts to ensure that an adequate number (a minimum of one primary and one alternate) are always available.
Within one year, work with other Vessel Operators, labor, academies, SOCP and/or other industry organizations, SASH subject matter experts, MARAD and other stakeholders to review and enhance SASH policies used by vessel operators. MARAD will initiate revisions of the SOCP SASH Best Practices Guide. Such revisions will include, among other things updates to best practices and templates to support incorporation of SASH prevention, reporting, and response as well as internal audit and external audit procedures into Company and Vessel Safety Management Systems.
Within one year, work with other Vessel Operators, labor, academies, industry organizations, SASH subject matter experts, MARAD and other stakeholders to develop and implement enhanced policies and training pertaining to bystander reporting requirements and bystander duty to intervene in SASH incidents.
Within eighteen months, collaborate with other Vessel Operators, mariner unions, Academies, union training schools, SASH subject matter experts, MARAD, USCG and other stakeholders to develop and implement expanded mandatory annual SASH training for all crew members including, but not limited to:
SASH (including bystander intervention);
Micro aggression consciousness;
Cadet relationships;
Creating and maintaining a respectful work environment; and
Testing or other mechanism to confirm crew proficiency with SASH principles.
As soon as practicable, but not later than two years, work with other Vessel Operators, labor, Academies, industry organizations, SASH subject matter experts, MARAD, USCG, and other stakeholders, to develop, establish and participate in, to the extent permissible under law, the maintenance and operation of a SASH perpetrator information exchange. The exchange shall contain the names of all merchant mariners who are the subjects of substantiated reports of discriminatory, SASH-related, violent, or other violative behavior, or who were terminated in related proceedings; the incident dates; the bases of substantiation; and the disposition of each circumstance shall be recorded and accessible to all operators of U.S.-flag vessels.
V. Long-Term Actions to be taken by Vessel Operators. These will be developed in coordination with the MARAD and other Government and maritime industry participants and may include:
Consideration of a range of possible measures to address accountability for the SASH climate onboard Vessel Operator ships, that could include:
training record maintenance;
identified perpetrator tracking and record keeping, to the extent permissible by law;
recorded video monitoring of, at a minimum, passageways immediately adjacent to cadet staterooms;
enhanced Diversity, Equity and Inclusion (DEI) initiatives and practices in the mariner workforce;
training and credentialing of officers at the Provisional level by the National Advocate Credentialing Program.
Collaboration with the U.S. Coast Guard, other Vessel Operators, mariner unions and industry organizations to develop the requirements of a merchant mariner credential that satisfies training requirements for SASH Contacts and designated onboard officers or other persons ashore to attain and maintain respective Basic and Provisional NACP training levels.
ADDENDUM: Definitions
Examples of Sexual Harassment include, but are not limited to, the following behaviors:
Verbal conduct such as epithets, derogatory or off-color jokes or comments of a sexual nature, slurs or unwanted sexual advances, invitations, or comments, discussing sexual activities, commenting on physical attributes, using demeaning names, or using crude language;
Visual conduct such as derogatory or sexually oriented posters, photography, cartoons, drawings, or gestures, or exposing oneself;
Physical conduct such as unwanted or unnecessary touching, the blocking of voluntary movement, or interfering with a person’s work due to the refusal of sexual advances or a person’s sexual orientation;
Threats and demands to submit to sexual requests as a condition of continued employment or to avoid discipline; and
Rewards and offers of employment benefits in return for sexual favors.
G. Consent means clear words or overt acts by a competent person indicating freely given agreement to engage in mutually agreed upon sexual conduct. An expression of refusal through words or conduct means there is no consent. Consent may not be inferred from silence, passivity or lack of resistance alone. Consent to one form of sexual activity does not imply consent to other forms of sexual activity, and the existence of a current or previous dating or sexual relationship is not sufficient to constitute consent to additional sexual activity. Consent may be initially given but can be withdrawn at any time.
Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness, being asleep, being involuntarily restrained, or being coerced or intimidated. Depending on the degree of intoxication, an individual who is under the influence of alcohol, drugs, or other intoxicants, may be incapacitated and, therefore, unable to consent.
Voyeurism (such as watching or taking pictures, videos, or audio recordings of another person engaging in a sexual act, in a state of undress, or in a place and time where such person has the reasonable expectation of privacy, such as a changing room, toilet, bathroom, or shower, each without the affirmative consent of all parties);
Disseminating, streaming, or posting pictures or video of another in a state of undress or of a sexual nature without the person's affirmative consent;
Exposing one's genitals to another person without affirmative consent; or
Knowingly exposing another individual to a sexually transmitted infection or virus without the other individual's knowledge.
I. Retaliation (sometimes referred to as reprisal) means taking or threatening to take any adverse action taken against an individual for making a good faith report of conduct prohibited under the organization’s Policy, or for participating in any investigation or proceeding resulting from such a report. Retaliation includes threatening, intimidating, harassing, or any other conduct that would discourage a reasonable person from making a report, or from participating in proceedings related to such a report. Examples of retaliation include, but are not limited, to the following:
1 Current best practices may be found at: Best Practices Guide on Prevention of Sexual Harassment & Sexual Assault in the U.S. Merchant Marine (SOCP BPG); Ship Operations Cooperative Program (SOCP), June 2017.
2 This interactive Computer Based Training (CBT) is available at no charge from SOCP.
3 This SOCP SASH Tool Kit is available at no charge from SOCP.
DRAFT 13 DEC 21 Pre-Decisional
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