FTCA Sexual Assault Complaints Against Coast Guard

On September 5, 2024, Sanford Heisler Sharp filed 13 separate Federal Tort Claims Act (“FTCA”) administrative complaints against the United States Coast Guard; its parent agency, the Department of Homeland Security; and its former parent agency, the Department of Transportation, (collectively “the Coast Guard”).

The complaints were filed on behalf of 13 former Coast Guard Academy (“the Academy”) cadets who were sexually assaulted during their time at the Academy. The complaints allege that the Coast Guard was negligent in failing to implement adequate policies and practices to prevent sexual violence from running rampant at the Academy, and that leadership failed to act despite having knowledge of the sexual violence regularly occurring on campus.

The FTCA complaints are the first step in bringing legal claims against an agency of the federal government for torts committed by their employees.

One of the claimants was raped twice as a student at the Academy, and was gang-raped while serving on a Coast Guard ship post-graduation, according to her complaint. Other claimants were sexually assaulted in their dorm rooms by classmates who entered their living spaces without permission, enabled by an Academy policy that prevented cadets from locking their doors.

The complaints allege that Academy leaders routinely mishandled or actively concealed reported incidents of sexual assault, creating a culture in which victims were deterred from reporting for fear of being punished themselves. In contrast, their attackers routinely evaded accountability, often proceeding to graduation and further promotions within the Coast Guard’s ranks.

The lack of institutional safeguards to address or prevent sexual violence from occurring at the Academy was revealed by the Academy’s own internal report, dubbed “Operation Fouled Anchor.” Between 2014 and 2019, the Fouled Anchor investigation looked at 102 reported incidents of sexual assault that occurred at the Academy from the 1980s to early 2000s. The investigation concluded that Academy leaders “did not fulfill their responsibility to ensure the physical protection, emotional support, and medical and psychological care for those alleging rape or sexual assault.” But instead of disclosing the findings, Academy leaders, including former Commandant Admiral Karl Schultz, chose to conceal the report from Congress and the public.

The cover-up was first publicly revealed in 2023, when CNN reported on the findings in Operation Fouled Anchor.

The claimants are represented by Christine Dunn, Co-Managing Partner of Sanford Heisler Sharp’s Washington DC office, and Associate Jillian Seymour. These clients are also represented by Ryan Melogy, of the New York law firm Maritime Legal Solutions, PLLC.

The administrative complaints seek civil damages for physical and emotional harm, as well as loss of professional opportunity.

Under the Federal Tort Claims Act, the Coast Guard is afforded six months to investigate each claim. After that, the claimants may file a lawsuit in federal court.