Senator Ted Cruz, a Texas Republican, recently celebrated the U.S. Coast Guard (USCG) ending its “indefensible practice” of using non-disclosure agreements (NDAs) on sexual assault survivors.
Following an investigation into past sexual assault cases at the U.S. Coast Guard Academy, which was opened by Cruz in his capacity as the ranking member of the Senate Commerce Committee, it was revealed that the USCG illegally prohibited sexual assault survivors from disclosing information about the assaults or investigations of the assaults to anyone through the use of NDAs, according to a statement released from Cruz’s office in April.
Cruz formally referred the matter to the Department of Homeland Security (DHS) Inspector General, Government Accountability Office (GAO), and the U.S. Official of Special Counsel (OSC) to further investigate. OSC did end up opening its own investigation.
Additionally, Cruz wrote a letter in April to U.S. Coast Guard Admiral Linda Fagan, which read in part: “This recent revelation of prohibited NDAs comes on the heels of the Coast Guard’s failure to alert Congress to its investigation of sexual assaults at the Academy through Operation Fouled Anchor, resistance to interview requests by the Committee on Commerce, Science, and Transportation (the Committee), and perplexing answers from flag officer nominees regarding future candor with Congress.”
It continued: “The Coast Guard’s actions suggest a concerted effort to conceal past sexual assaults at the Academy. Accordingly, I write to request additional information and your personal commitment to withdraw or correct any unlawful NDAs.”
Operation Fouled Anchor was an investigation launched in 2014 into “dozens” of alleged sexual assaults at the U.S. Coast Guard Academy that were reported between 1988 and 2006, according to Cruz’s letter.
Upon the conclusion of the USCG investigation in 2020 the Academy found that it “did not adequately investigate allegations as serious criminal matters and hold perpetrators appropriately accountable,” the Coast Guard’s report following the investigation read. According to Cruz’s letter, the USCG “failed to disclose Operation Fouled Anchor to the public or Congress for another two and a half years—and the Coast Guard only did so after media inquiries into the issue.”
Last month, Cruz announced that the Coast Guard has ceased the use of NDAs on sexual assault survivors following his letter.
In an exclusive quote emailed to Newsweek late week and first revealed in this article, Cruz said: “Within a day of my letter alerting the Commandant to the issue, the Coast Guard ended this indefensible practice. The Coast Guard has now notified every Coast Guardsman that NDAs may not silence victims of sexual assault, or prevent anyone from blowing the whistle to Congress or the Inspector General. I am grateful for the Coast Guard’s prompt correction of this unacceptable practice and look forward to reading the results of reviews into the Coast Guard’s use of NDAs by the DHS Inspector General, GAO, and the Special Counsel.”
Newsweek has reached out to the USCG via email for comment.
Most recently, the OSC detailed on Wednesday the corrective actions that the Coast Guard has taken, which the office learned about shortly after opening its investigation into the matter.
“The USCG issued a public notice of correction, accessible to all current and former employees, with a contract rider incorporating the mandatory language outlining whistleblower rights into all previously executed NDAs. Further, the USCG agreed to training, to be conducted by OSC, which will include a review of the anti-gag requirements, as well as all other prohibited personnel practices,” the OSC said in Wednesday’s press release.
Special counsel Hampton Dellinger thanked Cruz for his work, writing in the release, “I thank Senator Cruz for bringing this important matter to our attention and anticipate that the measures taken by the U.S. Coast Guard will help avoid future violations.”
It is unclear if the OSC has closed its investigation into the matter. Newsweek has reached out to the office via email for clarification.
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