Sec. 503. Sexual harassment or sexual assault as grounds for suspension or revocation
407 words·~2 min read·
/bill/117/hr/6865/rh/section-503A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following: If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariner’s document may be suspended or revoked.
If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariner’s document shall be revoked. In this section, the term official finding means— a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.
An investigation by the Coast Guard under paragraph (1)(B) shall include, at a minimum, evaluation of the following materials that, upon request, shall be provided to the Coast Guard: Any inquiry or determination made by the employer or former employer of the individual as to whether the individual committed sexual harassment or sexual assault. Any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual.
A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariner’s document under subsection
(a)or (b). A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings. . The chapter analysis of chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. .