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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2018 · Sec. 3514

Sec. 3514. ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING AT THE UNITED STATES MERCHANT MARINE ACADEMY

1,835 words·~8 min read·/statute-compilations/comps-13932/sec-3514

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## SEC. 3514 ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING AT THE UNITED STATES MERCHANT MARINE ACADEMY ###
(a)Expansion of Required Policy Section 51318(a) of title 46, United States Code, is amended— ####
(1)in paragraph (1), by striking “harassment and sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, and stalking”; ####
(2)in paragraph (2)— #####
(A)in the matter preceding subparagraph (A), by striking “harassment and sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, and stalking”; #####
(B)in subparagraph (A), by inserting “domestic violence, dating violence, stalking,” after “acquaintance rape,”; #####
(C)in subparagraph (B)— ######
(i)in the matter preceding clause (i), by striking “harassment or sexual assault,” and inserting “harassment, dating violence, domestic violence, sexual assault, or stalking,”; ######
(ii)in clause (i), by striking “harassment or sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, or stalking”; and ######
(iii)in clause (iii), by striking “criminal sexual assault” and inserting “a criminal sexual offense”; #####
(D)in subparagraph (D), by striking “harassment or sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, or stalking”; #####
(E)in subparagraph (E)— ######
(i)in clause (i), by striking “harassment or sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, or stalking”; ######
(ii)in clause (ii), by striking “sexual assault” and inserting “sexual harassment, dating violence, domestic violence, sexual assault, or stalking”; and ######
(iii)in clause (iii), by striking “harassment and sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, or stalking”; and #####
(F)in subparagraph (F), by striking “harassment or sexual assault” and inserting “harassment, dating violence, domestic violence, sexual assault, or stalking”; ####
(3)by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; ####
(4)by inserting after paragraph
(2)the following new paragraph: > > #### “(3) Minimum training requirements for certain individuals regarding sexual harassment, dating violence, domestic violence, sexual assault, and stalking > > > ##### “(A) Requirement > > The Maritime Administrator shall direct the Superintendent of the United States Merchant Marine Academy to develop a mandatory training program at the Academy for each individual who is involved in implementing the Academy’s student disciplinary grievance procedures, including each individual who is responsible for— > > > ###### “(i) > > resolving complaints of reported sexual harassment, dating violence, domestic violence, sexual assault, and stalking; > > > ###### “(ii) > > resolving complaints of reported violations of the sexual misconduct policy of the Academy; or > > > ###### “(iii) > > conducting an interview with a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking. > > > ##### “(B) Consultation > > The Superintendent shall develop the training program described in subparagraph
(A)in consultation with national, State, or local sexual assault, dating violence, domestic violence, or stalking victim advocacy, victim services, or prevention organizations. > > > ##### “(C) Elements > > The training required by subparagraph
(A)shall include the following: > > > ###### “(i) > > Information on working with and interviewing persons subjected to sexual harassment, dating violence, domestic violence, sexual assault, or stalking. > > > ###### “(ii) > > Information on particular types of conduct that would constitute sexual harassment, dating violence, domestic violence, sexual assault, or stalking, regardless of gender, including same-sex sexual harassment, dating violence, domestic violence, sexual assault, or stalking. > > > ###### “(iii) > > Information on consent and the effect that drugs or alcohol may have on an individual’s ability to consent. > > > ###### “(iv) > > Information on the effects of trauma, including the neurobiology of trauma. > > > ###### “(v) > > Training regarding the use of trauma-informed interview techniques, which means asking questions of an individual who has been a victim of sexual harassment, dating violence, domestic violence, sexual assault, or stalking in a manner that is focused on the experience of the victim, does not judge or blame the victim, and is informed by evidence-based research on the neurobiology of trauma. > > > ###### “(vi) > > Training on cultural awareness regarding how dating violence, domestic violence, sexual assault, or stalking may impact midshipmen differently depending on their cultural background. > > > ###### “(vii) > > Information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting. > > > ##### “(D) Implementation > > > ###### “(i) Development and approval schedule > > The training program required by subparagraph
(A)shall be developed not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018. > > > ###### “(ii) Completion of training > > Each individual who is required to complete the training described in subparagraph
(A)shall complete such training not later than— > > > ###### “(I) > > 270 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018; or > > > ###### “(II) > > 180 days after starting a position with responsibilities that include the activities described in clause (i), (ii), or
(iii)of subparagraph (A).” > ; and ####
(5)by inserting after paragraph (5), as so redesignated, the following new paragraph: > > #### “(6) Consistency with the higher education act of 1965 > > The Secretary shall ensure that the policy developed under this subsection meets the requirements set out in section 485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(8)).” > . ###
(b)Minimum Procedures for Handling Reports of Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, or Stalking Subsection
(b)of section 51318 of title 46, United States Code, is amended to read as follows: > > ### “(b) Development Program > > > #### “(1) In general > > The Maritime Administrator shall ensure that the development program of the Academy includes a section that— > > > ##### “(A) > > describes the relationship between honor, respect, and character development and the prevention of sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the Academy; > > > ##### “(B) > > includes a brief history of the problem of sexual harassment, dating violence, domestic violence, sexual assault, and stalking in the merchant marine, in the Armed Forces, and at the Academy; and > > > ##### “(C) > > includes information relating to reporting sexual harassment, dating violence, domestic violence, sexual assault, and stalking, victims’ rights, and dismissal for offenders. > > > #### “(2) Minimum requirements to combat retaliation > > > ##### “(A) Requirement for plan > > Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator shall direct the Superintendent of the United States Merchant Marine Academy to implement and maintain a plan to combat retaliation against cadets at the Academy who report sexual harassment, dating violence, domestic violence, sexual assault, or stalking. > > > ##### “(B) Violation of code of conduct > > The Superintendent shall consider an act of retaliation against a cadet at the Academy who reports sexual harassment, dating violence, domestic violence, sexual assault, or stalking as a Class I violation of the Midshipman Regulations of the Academy or equivalent code of conduct. > > > ##### “(C) Retaliation definition > > The Superintendent shall work with the sexual assault prevention and response staff of the Academy to define ‘retaliation’ for purposes of this subsection. > > > #### “(3) Minimum resource requirements > > > ##### “(A) In general > > The Maritime Administrator shall ensure the staff at the Academy are provided adequate and appropriate sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response training materials and resources. Such resources shall include staff as follows: > > > ###### “(i) > > Sexual assault response coordinator. > > > ###### “(ii) > > Prevention educator. > > > ###### “(iii) > > Civil rights officer. > > > ###### “(iv) > > Staff member to oversee Sea Year. > > > ##### “(B) Communication > > The Director of the Office of Civil Rights of the Maritime Administration shall create and maintain a direct line of communication to the sexual assault response staff of the Academy that is outside of the chain of command of the Academy. > > > #### “(4) Minimum training requirements > > The Superintendent shall ensure that all cadets receive training on the sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response sections of the development program of the Academy, as described in paragraph (1), as follows: > > > ##### “(A) > > An initial training session, which shall occur not later than 7 days after a cadet’s initial arrival at the Academy. > > > ##### “(B) > > Additional training sessions, which shall occur biannually following the cadet’s initial training session until the cadet graduates or leaves the Academy.” > . ###
(c)Aggregate Reporting and Definitions Section 51318 of title 46, United States Code, is amended by adding at the end the following new subsections: > > ### “(e) Data for Aggregate Reporting > > > #### “(1) In general > > No requirement related to confidentiality in this section or section 51319 of this title may be construed to prevent a sexual assault response coordinator from providing information for any report required by law regarding sexual harassment, dating violence, domestic violence, sexual assault, or stalking. > > > #### “(2) Identity protection > > Any information provided for a report referred to in paragraph
(1)shall be provided in a manner that protects the identity of the victim or witness. > > > ### “(f) Definitions > > In this section and section 51319 of this title: > > > #### “(1) Dating violence; domestic violence; stalking > > The terms ‘dating violence’, ‘domestic violence’, and ‘stalking’ have the meanings given those terms is section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)). > > > #### “(2) Sexual assault > > The term ‘sexual assault’ means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.” > . ###
(d)Clerical Amendments ####
(1)Section heading The heading of section 51318 of title 46, United States Code, is amended to read as follows: > > ## “SEC. 51318 Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking” > . ####
(2)Table of sections **[**[46 U.S.C. 51301](/us/usc/t46/s51301)**]** The table of sections for chapter 513 of title 46, United States Code, is amended by striking the item relating to section 51318 and inserting the following new item:" “51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.” ".
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Sec. 3514
ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING AT THE UNITED STATES MERCHANT MARINE ACADEMY
U.S.C.§ 1092
U.S.C.§ 13925
U.S.C.§ 51301
Cites 3Cited by 0 across 0 sources
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