There are some facts to this incident that are not in dispute. Those facts alone are sufficient evidence that Sison is not qualified to be a senior officer aboard ship.
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Due process has to look different on a ship. There is nowhere to go, according to the trauma informed responder training I’ve received from RAINN, our average work environment is the best breeding ground possible for an abuser- We’re all isolated and exhausted and there is nowhere to hide. For most of the night there are only two people awake on a ship, if you had any empathy you would understand how terrifying this could be for a victim if we had to wait for due processes to take action against someone. Not to mention any other retaliation a victim could face while the whole thing is sorted out.
Ignoring the fact that simply notifying S&R when CGIS starts an investigation is not a violation of Due Process, there is precedent in the CFRs to take action against a mariner for less. If two people [33 CFR 92.035 (c)] onboard observe you to display the symptoms of being under the influence of alcohol or dangerous drugs, you are legally considered to be under the influence of alcohol or dangerous drugs [33 CFR 95.020 (c)] and must be removed from all duties, including operating the vessel [33 CFR 95.050]. What happens next is outside of the CFRs but I think we can all agree, you’re packing your bags. This hypothetical would justify a chemical test, which would be reported to the coast guard, and frankly justice would be served more swiftly than to a rapist. This is far less due process than we are affording potential, and actual rapists in opening a CGIS investigation, which must be forwarded to the DOJ, which would then be forwarded to a S&R investigation.
I will admit, from what I have seen in my career most SASH cases have been fumbled time and time again, mostly because we are calling on people who went to ship driving school and have spent 10-20 years honing their craft as a mariner to now be a HR-Police Officer-Therapist combo; and it generally goes about as well as you’d expect if the roles were reversed and you asked your HR person to anchor the ship. I’ve come to realize that perhaps the largest liability a master can face is not Civil or penal, but moral and ethical in that in mishandling a SASH case you can completely wreck multiple people’s mental health costing them their livelihood at best and their life at worst. That’s why I think we should hammer reporting to CGIS into our SOPs just like calling the QI after a spill. Properly and gracefully handling a SASH case is beyond the scope of the average master mariner, and frankly the master is just as likely to be the abuser as anyone else onboard.
I hope this puts things into perspective for you, Thanks.
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This is more about your info being low than a lack of empathy on my part. If you read my comments you will see that I have outlined why the suspension of habeas corpus is unnecessary and irresponsible. The solution to the problem is changing the culture to where you can report management that lacks integrity for the lesser incidents. For example if you have your position terminated unfairly because the manager has a friend who needs a job you should be able to report it. Currently you’d be told to suck it up and find a new job. That lifes unfair and just deal with it. This is a bad culture. To stop the big crimes you have to start with the small crimes. Google the broken glass theory. Thanks.
Report it for what? It’s not exactly ethical on the managers part, but is 100% not illegal. Especially if you’re in a state that lets employers fire people without cause. If you’re not protected by a bargaining agreement or something else, it’s perfectly allowed.
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So you are saying that its perfectly okay to terminate someones employment because your friend needs a job?
If there was anyone here with a low info issue, it would be on your end as I have read your comments, and frankly none of them make any sense. Going off the broken glass theory, if you are working at a company that is constantly doing petty crime, it would be a good career move to find another job, because there are plenty of companies that operate within the law.
If you just go to bed after morning muster every day and write in for overtime, you are not entitled to habeas corpus. They can just fire you, especially if you’re non union or in an at will state. habeas corpus is for criminal matters, and there are loads of things you can be fired for that are not illegal. If this is a recurring issue in your career, it may warrant some self reflection and a look inward, however that is beyond the scope of the discussion on the Coast Guard Investigative Service’s reporting procedure for issues of Sexual Assault.
But just to clarify, MSIB 01-23 is outlining the procedure for reporting SASH to the federal law enforcement agency, (which is bound by habeas corpus). The CGIS has made tools that need to get into the hands of mariners to insure that SASH can be reported directly to the coast guard. Because as I’ve said before, if we both worked at Applebee’s, and your forced yourself on me in the walk-in freezer, I am not going to rely on Applebee’s to handle the situation, I am going to call the police.
PS
And in the spirit of a fair trial, I have a strong suspicion we are missing half the story here. But if you’re non-union in an at-will state they are within their rights.
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Speaking as someone who had hire and fire authority for a decade or so (and was very happy the day I gave it up), it depends on local law. If the jurisdiction adopts “at will” employment, then only certain classes of individuals are protected and other people can be fired for any reason or no reason at all.
As a manager in a corporation with a very strong EO policy I once went through the exercise of firing a member of a protected class. It took nine months and about an inch of paperwork, but it was worth it.
Addendum: Meme.Lord beat me to it.
Earl
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And the masks have slipped. Its immoral to fire someone because your friend needs a job. Doing something immoral just because you can shows a lack of integrity and is a serious moral hazard. This is the reform that this industry needs. Too many unaccountable fiefdoms. Ship based management definitely need to be reined in.
Sure. Doesn’t make it illegal. Two very different standards that you seem to confuse.
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Scoff at morality while at the same time weaponizing empathy. You are part of this problem. You should look into something called ethics. Thanks.
No.
I’m not saying you suck at your job, but I have a suspicion that you suck at your job, and you tell yourself they just wanted to hire their buddy.
However saying that bluntly usually gets me in trouble with the admins on here as it could come across as an ad hominin attack.
Jesus Christ. You’re just here to stir the pot and contribute nothing. Just go back to where you came from.
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“Go back to where i came from.” Thats a little inappropriate. Some would call it worse than that. Wow. Just wow.
You’re new around here. Toughen up or get out.
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Lead by example. Smh…
I am. I’m the one saying what everybody else is thinking.
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I’m sorry @Bestboater78 but I have a buddy that needs to use the forum, we’re going to have to let you go. I’m sorry but you’re going have to suck it up and find a new forum. Perhaps r/Maritime…
~Edit to clarify this is a joke, because it comes off mean when this is the last thing I say to this clown, but in context it’s funny if you read back.~
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The industry needs top down reform but anyone who disagrees with you on how to do it get told to go back to where they came from. This is unprofessional at best.
Umm, the industry obviously needs some changes, that’s what the whole thread issue is about. And those of us here who are disgusted by this mariner’s actions (alleged or otherwise) are fine with this reported accountability on behalf of the licensing authority.
What is disagreeable is you showing up here new and spouting some non-relevant garbage about due process and habeas corpus like you’re defending a good shipmate.
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The main issue is that its irresponsible to suspend peoples basic rights to due process because you arent getting the outcome you want immediately.
They should have their day in court.
The main issue is that this incident happend at all and reform is needed to prevent more of these incidents form taking place. That starts with holding management that lack integrity accountable before their bad actions escalate to national news. Once again look up the broken glass theory. Thanks.