MLAA Files FOIA Request with MARAD/USMMA Seeking All USMMA Board of Visitors’ Records Related to Sexual Assault Crisis

Due to the repeated and intentional failures of the George Rhynedance, the U.S. Merchant Marine Academy’s Designated Federal Officer (DFO), to comply with federal law regarding the public disclosure of information related to operations of the USMMA’s Board of Visitors, MLAA today filed a Freedom of Information Act Request seeking to compel the U.S. Maritime Administration to publish minutes of the meetings of the Board of Visitors meetings and to release additional information regarding the operations of the BOV:

The FOIA Request is presented here:

13 April 2021

T. Mitchell Hudson, Jr.
FOIA Officer
U.S. Department of Transportation
Maritime Administration
Second Floor, West Building
1200 New Jersey Av., SE, MAR-221Washington DC 20590
FOIA.MARAD@dot.gov

Re: Freedom of Information Act Request #1

Mr. Hudson:

This letter constitutes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted to the U.S. Maritime Administration (“MARAD”) by Maritime Legal Aid & Advocacy, Ltd. (“MLAA”).  MLAA is a non-profit legal advocacy organization working to end shipboard sexual misconduct in the U.S. maritime industry, including shipboard sexual misconduct directed at USMMA cadet-midshipmen participating in the United States Merchant Marine Academy’s “Sea Year” program.

Consistent with our organization’s mission, and pursuant to 5 U.S.C. § 552, MLAA respectfully requests the following information from MARAD:

1. All U.S. Merchant Marine Academy Board of Visitors (BOV) Meeting Minutes (draft and approved, whether or not published online) for meetings occurring between January 1, 2016 and April 13, 2021.

2. All BOV meeting agendas for the period January 1, 2016 through April 13, 2021.

3. All business records of the BOV for the period January 1, 2016 through April 13, 2021.

4. All records, documents, and communications transmitted by and between the Designated Federal Officer to members of the BOV between January 1, 2016 and April 13, 2021.

5. All records, documents, and communications concerning allegations or incidents of Sexual Assault or Sexual Harassment involving U.S. Merchant Marine Academy cadet-midshipmen, including but not limited to incidents that occurred on or off campus, during “Sea Year,” on team movements, etc. that were transmitted to, from, or between the Designated Federal Officer and BOV members between January 1, 2016 and April 13, 2021.  “All Documents” includes, but is not limited to, reports, correspondence, agreements, minutes, memoranda, e-mails, databases, and notes.  This request includes all documents that have ever been within MARAD’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 the request: 

1. Is made by an organization “primarily engaged in disseminating information,” which MLAA accomplishes through its large mailing list of newsletter subscribers, through its Instagram page located at instagram.com/maritimelegalaid, and through our widely read blog located at https://www.maritimelegalaid.com/blog  (See 5 U.S.C. § 552(a)(6)(E)(v)(II) (2012); Al-Fayed v. CIA, 254 F. 3d 306 (D.C. Cir. 2001); and 

2. Covers information about which there is an “urgency to inform the public about an actual or alleged federal government activity” (See American Civil Liberties Union v. Department of Justice, 321 F. Supp. 2d 24, 29 n.5 (D.C. Cir. 2004).

There is an “urgency to inform the public” about these matters, because the documents deal with the urgent issue of allegations or incidents of Sexual Assault and  Sexual Harassment involving U.S. Merchant Marine Academy cadet-midshipmen aboard commercial or military vessels during “Sea Year,” and because the USMMA’s Designated Federal Officer (DFO), a man by the name of George Rhynedance, appears to be consistently violating federal law regarding his duties to post and share information related to meetings of the U.S. Merchant Marine Academy Board of Visitors—thus illegally depriving the public for many months of important information related to the operations of the BOV.

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 our website at www.maritimelegalaid.com for dozens of examples of news articles we have created by taking raw materials from various public documents and converting those raw materials into completely distinct works that we distributed to our audience and to the broader public.

You may also visit the following hyperlink for a specific example of a news article which required our news organization to take raw materials from a Government Accountability Office report, which we then used to create a completely distinct work that we distributed to a niche audience of people in the U.S. maritime industry, resulting in more than 15,000 unique readers to date:

https://www.maritimelegalaid.com/blog/an-epic-sexual-assault-scandal-30-years-in-the-making-is-coming-for-the-us-coast-guard-and-this-foia-request-is-only-the-beginning

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 and public education.

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 maritimelegalaid@gmail.com.

Respectfully Submitted,

J. Ryan Melogy

MLAA Chief Legal Officer

Coordinator, Open Government Project