14 USC 1902 - Academy policy and report on covered misconduct

U.S Code last checked for updates: Apr 12, 2026

§ 1902.

Academy policy and report on covered misconduct

(a)

Required Policy.—

The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.

(b)

Matters To Be Specified in Policy.—

The policy on sexual harassment and sexual violence under this section shall include specification of the following:

(1)

Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.

(2)

Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized.

(3)

Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including—

(A)

if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the individual or individuals to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims;

(B)

a specification of any other individual whom the victim should contact; and

(C)

procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.

(4)

Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel.

(5)

Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel, including with respect to rape, acquaintance rape, or other criminal sexual offense, whether forcible or nonforcible.

(6)

Required training on the policy for all cadets and other Academy personnel who process allegations of sexual harassment or sexual violence involving a cadet or other Academy personnel.

(c)

Assessment.—

(1)

In general.—

The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy.

(2)

Biennial survey.—

For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy—

(A)

to measure the incidence, during such program year—

(i)

of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy;

(ii)

of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and

(iii)

of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and

(B)

to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to—

(i)

the Academy’s policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy;

(ii)

the enforcement of such policies;

(iii)

the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and

(iv)

any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy.

(d)

Report.—

(1)

In general.—

Not earlier than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and each March 1 thereafter through March 1, 2031, the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy.

(2)

Elements.—

(A)

In general.—

Each report required under paragraph (1) shall include the following:

(i)

Information and data on all incidents of covered misconduct and retaliation described in paragraph (1) reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a “reported incident”),

(ii)

The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy.

(iii)

The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy.

(iv)

Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.

(v)

The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.

(vi)

The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).

(vii)

A synopsis of each substantiated reported incident that includes—

(I)

a brief description of the nature of the incident;

(II)

whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and

(III)

whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.

(viii)

The type of case disposition associated with each substantiated reported incident, such as—

(I)

conviction and sentence by court-martial, including charges and specifications for which convicted;

(II)

acquittal of all charges at court-martial;

(III)

as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);

(IV)

as appropriate, administrative action taken, including a description of each type of such action imposed;

(V)

dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and

(VI)

whether the accused cadet or other military or civilian personnel of the Academy was administratively separated or, in the case of an officer, allowed to resign in lieu of court martial, and the characterization (honorable, general, or other than honorable) of the service of the military member upon separation or resignation.

(ix)

With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident—

(I)

a narrative description of the retaliation claim;

(II)

the nature of the relationship between the complainant and the individual accused of committing the retaliation; and

(III)

the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.

(x)

With respect to any investigation of a reported incident—

(I)

whether the investigation is in open or completed status;

(II)

an identification of the investigating entity;

(III)

whether a referral has been made to outside law enforcement entities;

(IV)

in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and

(V)

whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).

(B)

Format.—

With respect to the information and data required under subparagraph (A), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.

(3)

Trends.—

Subject to subsection (f), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required under paragraph (1) shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).

(4)

Response.—

Each report required under paragraph (1) shall include, for the preceding Academy program year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in paragraph (1) involving a cadet or any other military or civilian personnel of the Academy.

(5)

Plan.—

Each report required under paragraph (1) shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy.

(6)

Covered misconduct prevention and response activities.—

Each report required under paragraph (1) shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year.

(7)

Contributing factors.—

Each report required under paragraph (1) shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy—

(A)

an analysis of the factors that may have contributed to such incidents;

(B)

an assessment of the role of such factors in contributing to such incidents during such Academy program year; and

(C)

recommendations for mechanisms to eliminate or reduce such contributing factors.

(8)

Biennial survey.—

Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year.

(9)

Focus groups.—

For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy.

(10)

Submission of report; briefing.—

(A)

Submission.—

Not later than 270 days after the date on which the Commandant receives a report from the Superintendent under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, as an enclosure or appendix to the report required by section 5112 1

 So in original. Probably should be followed by “of this title”.

—

(i)

the report of the Superintendent;

(ii)

the comments of the Commandant with respect to the report; and

(iii)

relevant information gathered during a focus group under subparagraph (A) 2

 So in original. Probably should be “paragraph (9)”.

during the Academy program year covered by the report, as applicable.

(B)

Briefing.—

Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph (A) to—

(i)

the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(ii)

the Secretary of Homeland Security.

(e)

Victim Confidentiality.—

To the extent that information collected or reported under the authority of this section, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.

(f)

Continuity of Data and Reporting.—

In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.

(g)

Consideration of Request for Transfer of Cadet Who Is the Victim of Sexual Assault or Related Offense.—

(1)

In general.—

The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.

(2)

Regulations.—

The Commandant, in consultation with the Secretary of Defense, shall establish policies to carry out this subsection that—

(A)

provide that the Superintendent shall ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet who alleges an offense referred to in paragraph (1) is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;

(B)

direct the Superintendent, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—

(i)

to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;

(ii)

to approve such request for transfer unless there are exceptional circumstances that require denial of the request;

(iii)

upon approval of such request for transfer, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible, subject to the considerations described in clause (iv); and

(iv)

in determining the transfer date of the cadet to the military service academy concerned, to take into account—

(I)

the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and

(II)

the well-being of the cadet; and

(C)

direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—

(i)

to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;

(ii)

subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request;

(iii)

to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible, subject to the considerations described in clause (iv); and

(iv)

in determining the transfer date of the cadet to the institution of higher education to which the cadet wishes to transfer, to take into account—

(I)

the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and

(II)

the well-being of the cadet.

(3)

Review.—

If the Superintendent denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary, who shall take action on such request for review not later than 5 calendar days after receipt of such request.

(4)

Confidentiality.—

The Secretary shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.

(5)

Effect of other law.—

A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of title 10.

(6)

Commission as officer in the coast guard.—

(A)

In general.—

Upon graduation, a graduate of the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy who transferred to that academy under this subsection is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy, as set forth in section 2101 of this title.

(B)

Commission as officer in other armed force.—

(i)

In general.—

A cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and indicates a preference pursuant to clause (ii) may be appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.

(ii)

Statement of preference.—

A cadet seeking appointment as a commissioned officer in an armed force associated with the academy from which the cadet graduated under clause (i) shall, before graduating from that academy, indicate to the Commandant that the cadet has a preference for appointment to that armed force.

(iii)

Consideration by coast guard.—

The Commandant shall consider a preference of a cadet indicated pursuant to clause (ii), but may require the cadet to serve as a permanent commissioned officer in the Regular Coast Guard instead of being appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.

(iv)

Treatment of service agreement.—

With respect to a service agreement entered into under section 1925 of this title by a cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and is appointed as a commissioned officer in an armed force associated with that academy, the service obligation undertaken under such agreement shall be considered to be satisfied upon the completion of 5 years of active duty service in the service of such armed force.

(C)

Senior reserve officers’ training corps program.—

A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard, as set forth in section 3738a of this title.

(h)

Room Reassignment.—

Coast Guard Academy cadets may request room reassignment if experiencing discomfort due to Coast Guard Academy rooming assignments, consistent with policy.

(Added Pub. L. 112–213, title II, § 205(a), Dec. 20, 2012, 126 Stat. 1543, § 200; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(9), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1902, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(11), Jan. 1, 2021, 134 Stat. 4748; Pub. L. 119–60, div. G, title LXXII, § 7241(a), Dec. 18, 2025, 139 Stat. 1716.)

cite as: 14 USC 1902