Navigating Rough Seas: What Every Vessel Owner or Operator Should Know About the Amendments to Title 46 U.S.C. Concerning Sexual Assault and Sexual Harassment (SASH) Reporting Requirements and More!

Matthew A. Moeller
Lynn A. Buchannan
Jennifer Mehaffey
Jennifer Porter
Matthew A. Moeller | The Moeller Firm LLC
Lynn A. Buchannan | Suspension & Revocation National Center of Expertise (S&R NCOE), U.S. Coast Guard
Jennifer Mehaffey | Coast Guard Suspension and Revocation National Center of Expertise (S&R NCOE), National Maritime Center, U.S. Coast Guard
Jennifer Porter | Thomas Miller
On-Demand: February 7, 2024
Navigating Rough Seas: What Every Vessel Owner or Operator Should Know About the Amendments to Title 46 U.S.C. Concerning Sexual Assault and Sexual Harassment (SASH) Reporting Requirements and More!
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Program Summary

This panel discussion will address the scope of the amendments by explaining what entities and personnel are required to report sexual assault and harassment, what qualifies as such, and the required timing of reports as well as what information must be posted and where. This discussion will also address the surveillance requirements, the mandated master key control system, and the safety management system requirements. Specifically, the panelists will discuss what vessels must maintain a video surveillance system, where the system must be located, the retention requirements for surveillance footage, and some ambiguities in the statutory language. The panelists will also address the requirements of a master key control system, who shall have access, and what must be included in a safety management system regarding sexual assault and sexual harassment. Finally, the panelists will discuss the addition of a statutory cause of action under the Jones Act for an injury resulting from sexual assault or harassment and the statute of limitations for bring that action.

Presented by the Admiralty Law Section.

Key topics to be discussed:

  • Explain what entities and personnel are required to report sexual assault and harassment
  • Vessels video surveillance requirements
  • Requirements of a master key control system and safety management systems

Date / Time: February 7, 2024

Closed-captioning available

Speakers

Matthew A. Moeller_myLawCLEModerator: Matthew A. Moeller, Owner & Managing Attorney | The Moeller Firm LLC

Matthew’s practices include the representation of vessel owner and operators, contractors, shipyards, and other businesses in maritime, construction and commercial disputes. He has handled maritime matters throughout the Gulf South, the Pacific Northwest, the Midwest, and the Eastern Seaboard. Matthew regularly defends Jones Act, Longshore Harbor and Worker’s Compensation Act, and general maritime personal injury claims, and both defends and prosecutes maritime contractual disputes and maritime property damage matters. He also represents underwriters and marine insurers in insurance coverage matters. Matthew’s experience also includes the defense of insurers, hotel operators, and transportation companies in land-based personal injury actions. In addition to his litigation practice, Matthew counsels maritime clients in forming and negotiating master service agreements, master time charter agreements, third-party access and boarding agreements, and vessel construction contracts. Matthew counsels other businesses in preparing and negotiating non-compete, non-disclosure, non-solicitation, and professional services contracts. Matthew serves as outside general counsel for numerous clients including the largest liftboat owner/operator in the Gulf of Mexico.

 

Lynn A. Buchannan_myLawCLELieutenant Commander, Lynn A. Buchannan, Detachment Chief | Suspension & Revocation National Center of Expertise (S&R NCOE), U.S. Coast Guard

Lieutenant Commander Buchanan is the Suspension and Revocation NCOE Detachment Chief. In this capacity, she leads a team of eight civilians and three military members to provide expert advice to field investigators and the Office of Investigations & Casualty Analysis (CG INV) at Coast Guard Headquarters. She also assigns attorneys to represent the Coast Guard at administrative hearings, supports course alignment at TRACEN Yorktown, and liaises with entities such as the National Maritime Center, the Transportation Security Administration (TSA), and Coast Guard Investigative Services. She previously served at Atlantic Area Legal (LANT-094) as a Senior Staff attorney, providing legal advice to operational commands and the Atlantic Area Commander. From 2014-2017, she served as an Investigating Officer at Marine Safety Unit Port Arthur, Texas. There, she investigated various marine casualties to determine their root cause and served as the legal advisor on multiple Suspension and Revocation proceedings. Her other past assignments include: 2010-2012, Legal and Defense Services at Headquarters; 2012-2013, U.S. Navy Defense Service Office located at the Washington Navy Yard, DC; and 2013-2014, General Law at Headquarters. She also served four years with the U.S. Air Force as a Security Policeman after high school, leaving the service as an E-4. Lieutenant Commander Buchanan graduated from Minot State University with a BS in Criminal Justice, Magna Cum Laude, in 1999. She graduated from the University of North Carolina, School of Law, in Chapel Hill, North Carolina, in 2003. She is admitted to practice in the State of Florida, as well as the Middle District of Florida and the Court of Appeals for the Armed Forces. She also recently graduated from the University of South Florida with a Master’s in Public Health. Prior to joining the CG, LCDR Buchanan was an Assistant State Attorney for Brevard County, Florida for four years, prosecuting Misdemeanor crimes.

Military awards include the CG Commendation Medal (2), the CG Achievement Medal, the USN/USMC Achievement Medal, Air Force Achievement Medal, the Southwest Asia Medal with Device (2), Global War on Terrorism Service Medal, Air Force Nuclear Deterrence Operations Service Medal with “N” device, Armed Forces Service Medal, CG Meritorious Team Commendation Ribbon (6), and the Air Force Good Conduct Medal. Lieutenant Commander Buchanan enjoys spending time with her husband of 27 years, Timothy, their two children, Jaida (23) and Jacob (15), their three cats (Leopold, George and Fernando), and one dog (Annabelle).

 

Jennifer Mehaffey_myLawCLEJennifer Mehaffey, Senior Attorney / National Technical Advisor | Coast Guard Suspension and Revocation National Center of Expertise (S&R NCOE), National Maritime Center, U.S. Coast Guard

Jennifer represents the Coast Guard in suspension and revocation (S&R) administrative proceedings against a Mariner’s MMC, as well as developing and implementing policy related to Coast Guard S&R activities. Prior to her position with the Coast Guard S&R NCOE, Jennifer was an attorney with the Coast Guard Offices of Regulations and Administrative Law and Maritime and International Law, Prevention Division. Jennifer also worked with the offshore energy sector as Chief of National Safety Enforcement Division with the Bureau of Safety and Environmental Enforcement (BSEE). Jennifer has a B.A. from Mount Holyoke College, a J.D. from Roger Williams University, and a Masters in Marine Affairs from the University of Rhode Island. She came to D.C. as a Sea Grant Fellow working with the Committee Marine Transportation System (CMTS). For hobbies, Jennifer rides her motorcycle and wanders aimlessly to interesting places as much as possible.

 

Jennifer Porter_myLawCLEJennifer Porter | Thomas Miller

Jennifer is a Senior Claims Director and a member of the Bodily Injury team. She specializes in bodily injury and West Coast pollution/environmental issues.

Prior to joining Thomas Miller in 2018, she was a partner at a West Coast maritime defense firm, where she specialized in longshore and crew bodily injury matters as well as pollution casualties and emergency response. Jennifer handles significant pollution incidents on the West Coast for the Club and is Vice Chair of the MLA’s Committee on Marine Pollution and Maritime Crimes.. Jennifer is on the Board of the MLA and is an active member of US WISTA.

Jennifer is originally from California and sailed competitively for Stanford University during her college years. She then earned her law degree at the University of San Francisco Law School where she was an editor for the Maritime Law Journal.

Agenda

I. What entities and personnel are required to report sexual assault and harassment | 2:00pm – 2:10pm

II. Vessel video surveillance | 2:10pm – 2:30pm

III. Requirements of a master key control system | 2:30pm – 2:50pm

IV. Addition of a statutory cause of action under the Jones Act | 2:50pm – 3:00pm