The U.S. Merchant Marine Academy Promulgated a New Drug & Alcohol Amnesty Policy For Victims & Witnesses of Sexual Misconduct. Midshipman & Alumni Are Skeptical.
New York, NY
By: MLAA
In the wake of the Midshipman-X scandal, the U.S. Department of Transportation has forced the leadership of the United States Merchant Marine Academy to promulgate a new blanket drug and alcohol amnesty policy for victims and witnesses of sexual misconduct, whether such misconduct occurs on campus, off campus, or at sea.
The new amnesty policy is an important step forward. But according to an informal online poll conducted by MLAA via Instagram Stories, doubts remain among USMMA students and alumni as to whether the Academy will actually promote and enforce the new amnesty policy as written, or if the policy is simply another example of MARAD and Kings Point leadership saying one thing to the public, while saying something completely different to students.
When MLAA asked our Instagram audience if they thought the new Amnesty Policy would actually be enforced as written, approximately 55% of current USMMA students polled said “Yes,” while approximately 45% said “No.” Among USMMA Alumni there was more skepticism, with 2/3 responding that they did not have faith that the Academy leadership would actually implement the policy as written.
The new “Collateral Misconduct (Amnesty)” policy replaces an earlier amnesty policy that we have previously called the “F-you, There Is No Amnesty” Amnesty Policy.
The previous amnesty policy, implemented at the urging of Congress, did not actually guarantee that amnesty would ever be granted, and the policy left the decision of whether or not to grant amnesty completely within the discretion of the USMMA Superintendent or his designee.
The previous policy was so full of exceptions that it was rendered meaningless. For example, the previous amnesty policy also included exceptions for any Honor Offense (which could be anything) as well as “minor disciplinary infractions that place or placed the health or safety of any other person at risk.” We still can’t figure out what that sentence means, or what purpose it served other than to gut the amnesty policy.
The Academy also never informed midshipman of the previous amnesty policy, and the policy was not included in any of the Sea Year training lectures, or the Sea Year guide.
What’s the point of an amnesty policy if the students don’t know about it? The point is that it’s for show.
MLAA does not know if students at the USMMA have actually been told about the new amnesty policy, or what plans MARAD and the USMMA have to spread awareness in the policy and build confidence in it.
Here’s the new policy. Let us know your thoughts in the comments:
1 December 2021
Subject: COLLATERAL MISCONDUCT (AMNESTY)
Paragraph 5(g) of Superintendent Instruction 2018-05, Reporting, Investigating, and Resolving Complaints of Sexual Assault, Sexual or Gender-Based Harassment, Relationship Violence, and Stalking Against Midshipmen, is replaced with the following: Collateral Misconduct (Amnesty):
The health and safety of every midshipman at the Academy is of utmost importance. The Academy recognizes that midshipmen who have been drinking alcohol and/or using drugs (whether such use is voluntary or involuntary) at the time that they are subjected to sexual assault, sexual or gender-based harassment, relationship violence, or stalking (i.e., “wrongdoing” for the purposes of this paragraph) may hesitate to report such wrongdoing due to fear of potential consequences for their own conduct. Bystanders intervening to prevent such wrongdoing, and witnesses to such wrongdoing, may have similar concerns. The Academy is committed to eliminating this barrier to reporting. Therefore, a midshipman reporting wrongdoing against themselves, and witnesses and bystanders, will not be subject to discipline under the Midshipman Regulations for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the sexual assault, sexual or gender-based harassment, relationship violence, or stalking, whether such wrongdoing occurred on campus, at sea, or off campus.
This Notice goes into effect immediately, and remains in effect unless superseded or revoked.