Metro says the number of sex offenses, like indecent exposure, committed on trains and buses has doubled during the pandemic, and transit officials are now seeking ways to curb repeat offenders by temporarily banning them from the system.

Under the proposal, people who are cited for sexual or weapons-related offenses over a rolling 12-month period would suffer increasing consequences for every strike against them. A first offense would net a 14-day suspension from using the system, the second offense would merit a 30-day suspension, and a third offense would mean a year-long suspension.

If offenders are found on buses or trains again, they could be arrested for trespassing. They would also not be refunded for monthly or weekly passes they may have while on suspension.

Metro says that suspects for many crimes are usually placed under arrest and then released the same day with a court date in the future. But officials warn that these individuals often return to the system, “causing safety concerns for customers and employees.”

Metro is also pitching an appeals process, which would include a written appeal within five days of the citation and a binding answer from an appeals officer within 15 days. The transit agency is also open to carving out exceptions for certain individuals, like those under 18 — but only if accompanied by a parent or guardian.

The Metro board’s safety and operations committee will hear a presentation on Thursday and vote whether to move the issue to the full board at its next meeting.

WMATA pointed to other systems around the country that have similar suspension policies, like MARTA in Atlanta and BART in San Francisco.

But the ACLU of the District of Columbia has concerns about the proposal and due process.

“In our criminal legal system, people are innocent until proven guilty,” D.C. ACLU policy director Nassim Moshiree said in a statement. “If they vote for this, WMATA’s unelected board proposes to reverse that presumption and punish people based on accusations alone.”

Moshiree said the ACLU also fears “this will lead to more racially discriminatory stops and frisks and arrests by WMATA police, an agency already known for its excessive force tactics and overpolicing of Black and brown riders for minor offenses such a fare evasion or eating and drinking.”

She said the proposal “unduly impacts those who rely on public transit also raises due process concerns in stripping people of access to a critical public service—a service they may need to attend court appearances or see a parole officer—based on an arrest, not a conviction…”

The proposal comes after a recent report from the Office of Inspector General that found Transit Police did not properly investigate or failed to document investigations for nearly 3,000 crimes from 2010 to 2017, including several sex crimes.

In 2012, Metro launched a campaign with the help of advocates to help curb sexual harassment.

One woman who spoke with DCist/WAMU highlighted her experience with a man who committed sex crimes. (We aren’t naming her to protect her identity.) In 2016, she says she would often encounter a man on the train who would stare at her and then begin to masturbate openly. She said she reported the incidents to MTPD and identified him out of a lineup but, “I would still run into him frequently and the same thing would still occur.”

“I never heard if he was convicted, sentenced, or if he had to go to a mental facility etc.,” she said. “(MTPD) listened when I reported the crime but I don’t think they investigated nor provided an adequate solution to keep him off the trains and women safe.”

She hasn’t ridden a train since the last time it happened, saying it’s too traumatizing to go back. And while she says repeat offenders shouldn’t be able to “ride or step foot near a Metro station,” she’s not confident the proposal will work to fix things. She says there need to be more serious consequences and programs to help these people.

MTPD reported 56 instances of fondling and three rapes in 2020, similar to 2019 stats despite the dramatic drop in ridership because of the pandemic.

But even transit workers themselves have been accused of sexual harassment or assault, according to a 2019 NBC 4 investigation. One rider filed a complaint that a bus worker at Dunn Loring station invited her into his booth to charge her phone when she was stranded.

“The complaint states that, once inside, he ‘touched her breast’ without her consent, ‘unzipped his pants, pulled his penis out and started to masturbate,'” the NBC report states.