Maersk captain suspended four months after judge Michael Devine finds multiple sexual assaults and pattern of extreme sexual harassment against USMMA deck cadet constituted ‘hazing’, not ‘molestation’

Via: Tradewinds—The Global Shipping News Source

3 May 2022 10:34 GMT

By Matt Coyne (in Stamford)

US Coast Guard judge declines to strip Maersk Line Ltd captain of his licence, even after finding he assaulted a deck cadet on numerous occasions

The Maersk Line Ltd captain at risk of losing his licence will return to sea following a short suspension after a ruling found his behaviour was not sexual misconduct.

Mark Stinziano, who was accused of groping and abusing a US Merchant Marine Academy deck cadet while serving as chief mate aboard the 4,658-teu Maersk Idaho (built 2000), will spend four months suspended and another eight suspended on probation.

Coast Guard judge Michael Devine described Stinziano’s conduct towards the deck cadet as “hazing” and done without malice, but ultimately inappropriate.

“I find [Stinziano’s] senior position aboard the vessel as chief mate requires consideration of his actions with respect to hazing junior personnel just beginning a career in the US merchant marine,” Devine wrote.

“Engaging in hazing conduct of a junior is inconsistent with a substantial position of authority and should not be tolerated.”

Devine’s order was issued on 20 April but not made public until days later. He was asked to consider whether the Coast Guard had proven, on a preponderance of the evidence, whether or not Stinziano had engaged in sexual misconduct towards the deck cadet, an engine cadet and a second mate, Maritime Legal Aid & Advocacy (MLAA) founder Ryan Melogy.

If the Coast Guard was found to have proven the allegations, Stinziano would have lost his captain’s licence, earned since the voyages in 2014, 2015 and 2016.

Devine found Stinziano had acted inappropriately towards the deck cadet by groping, grabbing the cadet from behind and simulating sex on two occasions, raising his fist in a threat to punch the cadet in the groin, drawing a penis on his hard hat and requiring the cadet to refer to the chief mate as “big daddy” and to himself as “buttercup”

But Devine said he did not find the conduct to constitute sexual abuse or sexual molestation.

Instead, it was “not consistent with good order and discipline and safety at sea” and constituted misconduct alongside interference with a government official, as the cadets were students at a federally-run university on the ship for training.

“I find [Stinziano’s] inappropriate touching of [the deck cadet] constitutes an assault and battery without injury,” Devine wrote in his order. Stinziano was also accused of showing an engine cadet pornography, thus violating Maersk Line Ltd’s policy on behaviour aboard, but the allegations were dismissed as time-barred.

Stinziano’s alleged groping of Melogy was found not to be proven, and Melogy’s testimony against him was deemed not fully credible.

Devine said there were no witnesses and that Melogy only began making allegations after Stinziano gave him a negative performance review. Melogy, whose organisation describes itself as a civil rights group for seafarers, had published an essay from a Merchant Marine Academy student detailing her alleged rape at sea. He also pushed to punish Stinziano, making allegations immediately after his voyage and emailing the Coast Guard a list of allegations in 2019.

The Coast Guard would begin suspension and revocation proceedings in 2020, culminating in a trial at the US Customs House in Baltimore last year. Maersk Line Ltd had initially investigated Stinziano following Melogy’s initial allegations. He was recommended to take a training course.

“This is not over,” Melogy said of the judge’s decision.

At trial, Stinziano denied all the allegations against him, although he admitted to having a crude, off-colour sense of humour. His attorney, William Hewig of KP Law in Massachusetts, declined to comment while stressing that the clock has not yet run out on appeal time.

Maersk Line Ltd did not address the allegations against Stinziano or his punishment directly. It said it had seen “disturbing reports and allegations” regarding workplace harassment and assault on some of its vessels.

“We maintain a zero-tolerance policy for any type of assault, harassment or discrimination on our vessels, and we will continue to work tirelessly to ensure all mariners, including our cadets and trainees, are treated with dignity and respect in a harassment-free environment,” the company said.

Maersk Line Ltd is also the owner of the ship on which the alleged rape detailed in the MLAA essay took place. The company accused the Coast Guard of harassment when it attempted to compel disclosure of the Maersk Idaho’s crew list and sued in federal court to force the Coast Guard to release documents related to Melogy and MLAA, some expressly related to the Stinziano case.