Code of Massachusetts Regulations
501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Title 501 CMR 16.00 - Harbormaster Training Council
Section 16.11 - Harbormaster Training Program Separation
Universal Citation: 501 MA Code of Regs 501.16
Current through Register 1531, September 27, 2024
(1) If a student becomes separated from a training program after beginning but before completing the prescribed course of study, the training program director shall complete a Separation Notice and distribute it in accordance with the directions on the form. The categories of separation from a harbormaster training program are as follows:
(a) A
student harbormaster may initiate a voluntary separation if, without coercion
and for personal reasons, the student harbormaster chooses to withdraw from the
harbormaster training program. The student harbormaster shall make the request
to withdraw in writing to the training program director, who shall notify the
employing or sponsoring authority. Student harbormasters separated under 501
CMR 16.11(1)(a) shall be eligible for enrollment in a subsequent harbormaster
training program, subject to appropriate employment or sponsorship and
compliance with applicable enrollment requirements.
(b) A student harbormaster's employing or
sponsoring department may initiate the withdrawal of the student harbormaster
from the harbormaster training program. Student harbormasters separated under
501 CMR 16.11(1)(b) shall be eligible for enrollment in a subsequent
harbormaster training program, subject to appropriate employment or sponsorship
and compliance with applicable enrollment requirements.
(c) A student may be dismissed from a
harbormaster training program for non-disciplinary reasons, including, but not
limited to, excessive absences, nonpayment of required fees, or performance
deficiency. Dismissal for non-disciplinary reasons may only be initiated by the
training program director. Students separated under 501 CMR 16.11(1)(c) shall
be eligible for enrollment in a subsequent harbormaster training program,
subject to appropriate employment or sponsorship and compliance with applicable
enrollment requirements.
(d) A
student may be dismissed from a harbormaster training program for disciplinary
reasons. Dismissal for disciplinary reasons may only be initiated by the
training program director. Student harbormasters separated under 501 CMR
16.11(1)(d) shall not be eligible for enrollment in any subsequent harbormaster
training program for a minimum of two years.
(e) If a student harbormaster sustains an
injury during participation in a harbormaster training program, the student
harbormaster may be granted a Medical Deferment. A deferment may be granted
only if the student harbormaster is under the care of a medical physician who
determines the student harbormaster is unable to return to the harbormaster
training program or unable to participate in the physical requirements of the
curricula for an extended period of time, causing the student harbormaster to
exceed the allowable maximum number of allowed absences.
1.If granted, a Medical Deferment begins the
date the Separation Notice issued and expires one year from that
date.
2.Within that year, the
student harbormaster must re-enter the next available harbormaster training
program.
3.Prior to being accepted
for readmission, the student harbormaster must furnish a statement from a
physician stating the student harbormaster's injury has healed completely and
stating that the student harbormaster is physically able to fully participate
in training without restrictions.
4.If the student harbormaster has not
re-entered a harbormaster training program prior to the expiration of the
Medical Deferment, all application, admission, and tuition requirements shall
apply and must be met if the student harbormaster reapplies to attend a
harbormaster training program.
(2) Any criminal charge brought against a student harbormaster pursuant to federal or state law, municipal ordinance, or town bylaw must be reported to the training program director as soon as possible. The Council will determine the sanctions to be imposed on the student harbormaster, which may be up to and including dismissal from the program.
(3) The Council shall establish sub-regulatory policies and procedures for appeals of a dismissal from a harbormaster training program.
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