UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION I
5 POST OFFICE SQUARE, 8th FLOOR
BOSTON, MASSACHUSETTS 02109-3921

July 24, 2017
Marty Meehan
Office of the President
University of Massachusetts
225 Franklin Street, 33rd Floor
Boston, Massachusetts 02110
Attn: Attorney XXXXXXX
BY EMAIL: XXXXXXX@umass.edu
Re:

OCR Complaint No. 01-15-2186
University of Massachusetts Amherst

Dear President Meehan:
This letter is to notify you that the U.S. Department of Education, Office for Civil Rights (OCR)
is administratively closing the above-referenced complaint filed against the University of
Massachusetts Amherst (University), because OCR has determined that the allegations OCR
opened for investigation have been resolved and/or are being addressed in an ongoing
compliance review. Below you will find a more detailed explanation of OCR’s decision.
The Complainant alleged that the University failed to respond promptly and equitably to a
complaint of sexual assault filed on XXXXXXX against his XXXXXXX (Student) by another
student. The Complainant further alleged that the University’s failure to respond appropriately
to the complaint constituted retaliation for his advocacy on the Student’s behalf.
Sections 110(b) and (e) of OCR’s Case Processing Manual (CPM) provides as follows:
OCR will close the complaint allegation(s) for the following reasons:
....
(b) The same allegations have been filed by the complainant against the same
recipient with state or federal court. An OCR complaint may be re-filed within 60
days following termination of the court proceeding if there has been no decision
on the merits or settlement of the complaint allegations. (Dismissal with
prejudice is considered a decision on the merits.) Where OCR has obtained
sufficient evidence to support a finding (under CPM subsection 303(a)
(insufficient evidence) or CPM subsection 303(b) (violation)) with regard to any
allegation(s) or where any allegation(s) being investigated by OCR are not before
the court, OCR will not close the allegation(s), but will proceed in accordance
with the appropriate provisions set forth in CPM Section 303.
....

 Page 2 of 2 – President Meehan; Complaint No. 01-15-2186
(e) OCR obtains credible information indicating that the allegations raised by the
complaint have been resolved, and there are no systemic allegations. In such a
case, OCR will attempt to ascertain the apparent resolution. When OCR
determines that there are no current allegations appropriate for further resolution,
the complaint will be closed.
OCR received information indicating that the Student filed an action against the University in
federal court on or about XXXXXXX. OCR also received information indicating that on
XXXXXXX, the Student and the University executed a settlement agreement XXXXXXX
lawsuit. The agreement provides that the Student XXXXXXX and XXXXXXX OCR. On
XXXXXXX, the Student and the University filed a notice with the court XXXXXXX.
OCR reviewed the federal court complaint and determined that the allegations filed therein are
the same as the two allegations filed with OCR, above. OCR also confirmed that these
allegations have been resolved pursuant to the settlement agreement and were dismissed with
prejudice in the federal court proceeding. Therefore, because OCR has not yet obtained
sufficient evidence to support a finding with regard to these allegations, OCR is administratively
closing these allegations pursuant to CPM Sections 110(b) and (e) as of the date of this letter.
Furthermore, in the letter you received from OCR dated September 24, 2015, OCR also notified
you that it would investigate whether the University failed to respond promptly and equitably to
reports and/or incidents of sexual violence of which it had notice and, as a result, students were
subjected to a sexually hostile environment. Pursuant to CPM Section 110(k), OCR is also
dismissing that portion of the investigation because it is being addressed in OCR’s ongoing
compliance review of the University (No. 01-11-6001).
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request, it will
seek to protect, to the extent provided by law, personally identifiable information, which, if
released, could reasonably be expected to constitute an unwarranted invasion of privacy.
If you have any questions regarding this letter, you may contact Civil Rights Attorney Paul
Easton at (617) 289-0008 or Paul.Easton@ed.gov.
Sincerely,

Ramzi Ajami
Compliance Team Leader