Through New Sexual Offender Settlement Agreements, Coast Guard Will Now Treat, Rehabilitate, and “Cure” Mariners Accused of Sexual Crimes & Offenses
New York, NY
By: MLAA
With its most recent Suspension & Revocation Settlement Agreements with credentialed mariners accused of sexual crimes and misconduct, the U.S. Coast Guard has made a policy decision to treat and rehabilitate accused sexual offenders.
This policy shift by Coast Guard prosecutors and judges will now require credentialed-mariners accused of sexual misconduct to “prove cure” before the accused sexual offender is released back into the mariner population.
The new Settlement Agreement terms the Coast Guard is requiring mariners accused of sex crimes and misconduct to accept are similar to long-standing conditions the Coast Guard has forced upon mariners accused of failing drug tests, or those who have been convicted in state courts of drug or alcohol-related offenses.
Under the Coast Guard’s standard Settlement Agreement terms for credentialed mariners who fail a drug test, even for marijuana, the Coast Guard forces mariners to accept Settlement Agreements that require a 15 month suspension of the mariners license or MMC, and require the mariner to prove they are “cured” of their “addiction” to, for example, marijuana, before being allowed to reclaim their license or MMC.
Under current Coast Guard policy, in order to “prove cure” of “dangerous drugs,” the mariner must:
1) Complete a drug rehabilitation program certified by a governmental agency or accepted by an independent professional association.
2) Following the completion of the rehabilitation program, attend a substance abuse monitoring program (such as AA or NA) for a minimum period of one year
3) Following the completion of the rehabilitation program, participate in a random, unannounced drug testing program for a minimum period of one year.
4) Obtain a "return to work" letter from the Medical Review Officer.
The Coast Guard issues hundreds of such “dangerous drug” Settlement Agreements every year.
However, with the recent Settlement Agreement approved by Chief ALJ Judge Walter Brudzinski on January 26, 2023 between the Coast Guard and Crowley Maritime 3rd Mate Matthew Justin Thomas, the Coast Guard has created a new “prove cure” regimen for credentialed mariners who are accused sexual offenders.
One difference between the “dangerous drug” Settlement Agreement terms and the “sexual offender” terms is that the term of suspension for sexual offenders is shorter than that given to those accused of using marijuana.
In the case of Thomas, who was accused of sexually assaulting two different women and being drunk aboard his vessel, Thomas was given only a 12 month suspension, while those mariners who test positive for miniscule amounts of marijuana metabolites are required to agree to 15 month suspensions.
In addition to a 12 month outright suspension of his MMC, Thomas’ Settlement Agreement requires that Thomas complete a psychosexual rehabilitation program. Specifically, Thomas’ Settlement Agreement requires that Thomas:
Agrees to undergo a psychosexual evaluation led by a qualified practitioner as defined by FL. Statute 948.001(9) or a similar federal or state equivalent…understands and agrees to disclose to the qualified practitioner the allegations listed in the complaint…agrees to provide to the Coast Guard Investigating Officer a copy of the evaluation report…agrees to sign a release allowing the qualified practitioner to provide to the IO a copy of any and all reports related to Respondent's treatment…
Agrees to subsequently enroll in the rehabilitation and/or treatment program recommended by the qualified practitioner…agrees to submit proof of enrollment in the rehabilitation education and/or treatment program to the IO…within one-week of enrollment…
Agrees to provide to the IO [Investigating Officer] proof of completing the recommended rehabilitation education and/or treatment program…
Pay all expenses associated with completion [of the terms of the Settlement Agreement].
After serving his 12 month suspension and completing his psychosexual rehabilitation program, Thomas will “prove cure” to the Coast Guard of his propensity to sexually assault women, and his license and MMC will be returned to him.
Upon proving cure by completing the terms of the Settlement Agreement, Thomas will also regain his EMBARC-approved status under the U.S. Maritime Administration’s highly touted “Every Mariner Builds a Respectful Culture (EMBARC)” shipboard safety program, and will he will once again be allowed to supervise cadets from the U.S. Merchant Marine Academy (USMMA) and the State Maritime Academies.
Captain Mark Stinziano, who had his MMC suspended in 2022 for repeatedly sexually assaulting a USMMA Deck Cadet, also remains EMBARC-approved and as of March 2023 was directly supervising USMMA Cadets in his position of Chief Mate aboard the M/V Green Lake.
Matthew Justin Thomas denied all of the allegations leveled against him by the Coast Guard, and the Settlement Agreement Thomas signed states that he “neither admits nor denies the factual allegations in the Complaint.”