The Coast Guard is redefining how it views harassment across the service, discarding the concept of “hate incidents” and recasting symbols of hatred, including nooses and swastikas, as potentially “politically divisive.”
In the past, the display of such symbols were unambiguously cited in policy as “incidents of hatred and prejudice” that “have no place in the Coast Guard.”
But the revised edition of the policy, which goes into effect next month, raises the bar for proving that displaying hate symbols in public merits punishment.
The new instructions, described in a document titled “Harassing Behavior Prevention, Response and Accountability,” was signed Nov. 13 by the Coast Guard’s assistant commandant for personnel, Rear Adm. Charles E. Fosse.
The policy acknowledges that hate symbols, including “representations of supremacy, racial or religious intolerance, or other bias,” can “marginalize segments of our work force.”
But displaying them in public, it said, will be considered “divisive” only if they affect “good order and discipline, unit cohesion, command climate, morale or mission effectiveness.”
Displays of symbols “widely identified with oppression or hatred” in private spaces outside public view are specifically allowed under the new guidance, the document said.
Under the revisions, gender identity will no longer be considered “a protected characteristic.” In January, President Trump signed an executive order that barred transgender people from serving in uniform.
Harassment in the service, the new directive says, must be based on race, sexual orientation, national origin, physical or mental disabilities or parental status, among others.
But harassment must be “severe or pervasive” to be punishable, the policy says. To meet that standard, the service will apply a “reasonable person standard” test in which another person is hypothetically exposed to the same circumstances as the victim to help determine whether he or she has suffered harm.
As a branch of the armed forces, men and women in the Coast Guard are subject to the Uniform Code of Military Justice, even as the service falls under the Department of Homeland Security.
Leaders must determine that the evidence rises above the “preponderance of the evidence” standard used for nonjudicial punishments, but less than the “beyond the shadow of a reasonable doubt” standard for criminal cases heard by courts-martial.
The instruction requires victims to report incidents of harassment within 45 days, unless they are of a sexual nature, though it allows for some discretion in reporting after more time has passed.
Leaders must report such incidents up their chain of command within 48 hours, however, if there is “the potential for congressional or media interest related to a report of harassing behavior.”
It also takes up the cause of hazing, which Defense Secretary Pete Hegseth has championed as a way to bring about what he calls a “warrior ethos” in the armed forces. Under the definition provided by the Coast Guard, hazing — which can include physical violence — can have “a proper military or other governmental purpose.”
The policy, however, maintains a ban on displays of the Confederate battle flag, except when they appear in artwork and historical materials.
The existence of the Coast Guard’s new instruction was reported earlier by The Washington Post.
In reaction to the report, the service’s acting top officer, Adm. Kevin E. Lunday, said in a statement that any display, use or promotion of symbols like nooses and swastikas “will be thoroughly investigated and severely punished.”
Those actions, however, are not included in the new policy posted online.
“The Coast Guard remains unwavering in its commitment to fostering a safe, respectful and professional workplace,” Admiral Lunday’s statement continues. “Symbols such as swastikas, nooses and other extremist or racist imagery violate our core values and are treated with the seriousness they warrant under current policy.”
Admiral Lunday assumed his current role after Mr. Trump fired his predecessor, Adm. Linda L. Fagan, without explanation within 24 hours of his inauguration in January.
Admiral Fagan was the first female officer to lead the Coast Guard.
Seth Levi, the chief strategy officer at Southern Poverty Law Center, a nonprofit civil rights group, called the new policy “a national embarrassment” and said the administration was creating a hostile environment for minorities to continue their service in the Coast Guard.
“If it’s not a softened stance, why did they change the existing language?” Mr. Levi said. “Swastikas are universally recognized as a symbol of the Nazi Party, genocide and antisemitism, and nooses are symbols of lynchings and racial terror.”
He added, “I don’t think there’s any ambiguity about that.”
John Ismay is a reporter covering the Pentagon for The Times. He served as an explosive ordnance disposal officer in the U.S. Navy.
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