MLAA Begins Investigation Into Sexual Misconduct Within the U.S. Navy’s Military Sealift Command.
To submit anonymous tips or stories regarding sexual misconduct within Military Sealift Command, click here.
For MLAA’s July 18, 2022 FOIA Request to the Naval Criminal Invesigative Service (NCIS), click here. For information regarding MLAA’s ongoing FOIA lawsuit against the U.S. Coast Guard, click here. For information regarding MLAA’s ongoing FOIA lawsuit against the U.S. Maritime Administration, click here. To submit anonymous tips or stories regarding sexual misconduct within Military Sealift Command, click here.
Maritime Legal Aid & Advocacy, Ltd.
July 14, 2022
Commander, Military Sealift Command
Attn: Terri L. Blair, FOIA Officer
471 East C Street, Building SP-64
Norfolk, VA 23511
Fax: (757)-341-5537
VIA E-MAIL to “terri.l.blair8.civ@us.navy.mil”
Re: Freedom of Information Act Request
Dear Ms. Blair,
This letter constitutes a request under the Freedom of Information Act (“FOIA”) and is submitted on behalf of Maritime Legal Aid & Advocacy (“MLAA”) to the U.S. Navy’s Military Sealift Command (“MSC”).
Background:
MLAA is a registered 501(c)(3) non-profit organization advocating for the human rights of seafarers and fighting to make the maritime industry safe for everyone.
Over the past 2 years our organization has been contacted by numerous mariners who were subjected to horrifying sexual harassment and sexual assaults aboard vessels owned and operated by the U.S. Navy’s Military Sealift Command. Several of these brave survivors subsequently chose to publish their MSC horror-stories on our website.
One of those published accounts involved a graduate of the U.S. Merchant Marine Academy (“USMMA”) who alleged that while she was a cadet participating in the USMMA’s “Sea Year” program, she was brutally raped aboard a MSC vessel by a uniformed member of the U.S. Navy who was also serving aboard the vessel.
This mariner further alleged that when she reported the crime to a more senior Navy sailor, the incident was subsequently covered-up, she was silenced, and the rapist was protected. See MaritimeLegalAid.com “I Was Raped On A Military Sealift Command Ship During My USMMA Sea Year. Speaking With A Therapist Eventually Gave Me The Mental & Emotional Clarity I Needed To Forgive Myself.”
In another published account, a former MSC Civilian Mariner (“CIVMAR”) alleged that while serving as a cadet he witnessed fellow CIVMAR cadets casually boasting about raping a young female member of the MSC vessel’s crew.
This mariner also alleged that the female crew member who was allegedly raped was subjected to sexual harassment from more senior CIVMARs and that a licensed deck officer gave her a pair of pink shoes and said, “I really like you, and I think you should wear these around.” See MaritimeLegalAid.com, “When My Fellow Military Sealift Command Cadets Casually Boasted About Raping Another Cadet, I Stood-by & Did Nothing. Don’t Be A Bystander Like I Was. Don’t Be Afraid to Speak Up.”
In another published account, a graduate of the U.S. Merchant Marine Academy alleged that she was subjected to sexual harassment by the Captain of a MSC vessel and that the experience was so tramautizing that she decided she did not want to work on oceangoing vessels following her graduation from the USMMA. That victim alleged the MSC Captain was “a creep,” that he forced her to look at nude photos of women, made sexual comments to her about her body, and that he told her “I sure wish my daughters looked like you do.”
The victim in that case also alleged that she reported the sexual harassment to the vessel’s Chief Mate, but that the Captain was not disciplined as a result of the investigation. She also alleged that the Captain subsequently retaliated against her and threatened her for reporting him and threatened and endangered her maritime career. See MaritimeLegalAid.com, “My Cadet Experience With a Sleazy Military Sealift Command Captain Convinced Me I Should Work on Tugs After I Graduated From Kings Point.”
In still another published account, a female graduate of the USMMA alleged that while serving as a cadet aboard a MSC vessel, she was sexually harassed by a deck officer and when she reported the harassment she was told to keep quiet about it and simply accept the behavior and submit to it. This woman alleged that when she reported the sexual harassment to the vessel’s CIVMAR Chief Mate, he told her not to make a formal report because “You don't want to ruin someone's career over a couple of comments.” See MaritimeLegalAid.com, “When I Was A Cadet I Was Sexually Harassed on a Military Sealift Command Ship. When I Reported It I Was Told To Stay Silent.”
On June 12, 2022 the influential maritime industry trade publication gCaptain published a story titled “US Navy Hospital Ship XO Removed For Sexual Assault.” The story, which was written by John Konrad, reported that the CIVMAR Chief Mate of the USNS Mercy hospital ship was removed from the vessel by federal agents from the Naval Criminal Investigative Service (“NCIS”) who are investigating allegations that the Chief Mate sexually assaulted at least one crew member. gCaptain also reported that a source close to the primary victim told gCaptain that after the Chief Mate was removed from the USNS Mercy, several more crew members reported being harassed or assaulted by him.
Taken together, these accounts paint a deeply troubling picture of rampant sexual misconduct and a culture of coverups within the U.S. Navy’s Military Sealift Command. They also paint a picture of an organization that operates vessels that are unsafe.
Despite extensive research, MLAA has been unable to locate any information regarding the prevalence of sexual misconduct within the U.S. Navy’s Military Sealift Command. We believe this is a subject that should be thoroughly investigated.
Consistent with our organization’s mission to advocate for the human rights of seafarers and to help make the maritime industry safe for everyone, and pursuant to the Freedom of Information Act, 5 U.S.C. § 552, MLAA respectfully requests the following information from the U.S. Navy:
Documents and Data Requested:
Complete Investigation Reports and all Associated Records related to investigations of sexual misconduct–including sexual harassment–involving MSC CIVMARs (including CIVMARs who were victims, witnesses, or alleged perpetrators–and including all incidents involving cadets serving aboard MSC vessels) conducted since January 1, 2002. “Complete Investigation Reports and all Associated Records” also includes all communications, including electronic communications, exchanged between Military Sealift Command and any law enforcement agency regarding allegations of sexual misconduct committed by MSC CIVMARs, including, but not limited to, communications with the NCIS and with any department or office of the U.S. Coast Guard. This request includes, but is not limited to, reports of sexual misconduct, records related to punishments, correspondence, agreements, minutes, memoranda, e-mails, databases, and notes all documents that have ever been within the U.S. Navy’s custody or control, whether they exist in “working,” investigative, retired, electronic mail, or other files currently or at any other time.
Request for Expedited Processing:
Expedited processing is justified because:
This request covers information about which there is an urgency to inform the public about an actual or alleged federal government activity; and
Lack of expedited treatment could lead to an imminent threat to the life or physical safety of an individual; and
This request is made by an organization “primarily engaged in disseminating information to the public,” which MLAA accomplishes through its large mailing list of newsletter subscribers, via its widely read blog located at https://www.maritimelegalaid.com/blog, and via its Instagram account.
There is an “urgency to inform the public” about the prevalence of sexual harassment and sexual assault aboard vessels operated by the U.S. Navy’s Military Sealift Command. Numerous first-hand reports MLAA has received from mariners who were sexually harassed and assaulted aboard MSC vessels, only a fraction of which have actually been published by MLAA, combined with a recent news story regarding the Chief Mate of the USNS Mercy, indicate that the U.S. Navy’s Military Sealift Command has a very serious problem with shipboard sexual misconduct, including shipboard sexual assault and rape.
Because of MSC’s sexual misconduct problem, mariners aboard MSC vessels are unknowingly at a heightened risk of being subjected to sexual harassment and assault while serving aboard MSC vessels. This risk is greatly compounded by the lack of information MSC has shared with the public regarding the prevalence of sexual misconduct aboard MSC vessels. This lack of transparency has lulled CIVMARs, and especially cadets, into a false sense of security and made them highly vulnerable to shipboard sexual predators.
There is a “compelling need” for this information, because a failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual or individuals. The information MLAA seeks in this request has the potential to immediately prevent actual sexual assaults at sea from occurring by exposing MSC’s sexual assault problems to the public, to CIVMARs, and to prospective CIVMARs. This is an incredibly urgent need. Any delay in processing this request could literally result in mariners being sexually assaulted at sea.
Request for “News Media” Fee Status and Fee Waiver:
MLAA is a “representative of the news media” for fee waiver purposes. Based on our status as a “news media” requester, we are entitled to receive the requested records with only duplication fees assessed. Further, because disclosure of this information will “contribute significantly to public understanding of the operations or activities of government,” any duplication fees should be waived. Under FOIA, “Representative of the News Media” is defined as “[a]ny person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.”
Please visit maritimelegalaid.com to find numerous examples of news articles created by MLAA which required our organization to take raw materials from documents obtained via the Freedom of Information Act and then use those raw materials to create completely distinct works that were distributed to a global audience.
There is no doubt that the information we are seeking will contribute significantly to public understanding of this important maritime safety issue. The FOIA’s fee waiver amendments were enacted to allow further disclosure to nonprofit, public interest organizations, since the FOIA as a whole is to be construed broadly in favor of disclosure. See, e.g., Dep't of Air Force v. Rose, 425 U.S. 352, 366 (1976).
Further, the disclosure of this information is of no commercial interest to MLAA. Under the FOIA, a commercial interest is one that furthers a commercial, trade, or profit interest, as those terms are commonly understood. See, e.g., The Freedom of Information Reform Act of 1986; Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 Fed. Reg. 10012, 10017–18 (Mar. 27, 1987). None of those interests are present in this request, as MLAA works to achieve its goals through media outreach, public education, and legal advocacy.
Conclusion:
Thank you for your consideration of this request. As provided for by federal regulation, I will anticipate your determination of our request for expedited processing within 10 business days. For questions regarding this request I can be contacted via email at help@maritimelegalaid.com.
Respectfully Submitted,
J. Ryan Melogy
MLAA Chief Legal Officer
Coordinator, MLAA Open Government Project