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

NOV3 0 20f2

Re:
Dear !(b)(6); (b)(?(C)

Complaint No. 01-13-2008

I:

The U.S. Department of Education's Office for Civil Rights (OCR) is opening for
~ation
the above-referenced complaint that you filed with our office on"""l
~~-!~-y;<b....
j ...,
In your complaint, you alleged that the Massachusetts Maritime Academy
(Academy) failed to promptly and equitably respond to your daughter's report of a
sexual assault in the fall of 2012. You informed us that you brought your concerns to
both the Presid ent of the Academy and its Title IX coordinato r on separate occasions to
no avail. You alleged that, once local law enfo rcement became involved in the matter,
the Academy stopped responding to you r concerns entir ely.
OCR is charged with ensuring institutional compliance with Title IX of the Education
Amendments of 1972 and its :implementing regul ation at 34 C.F.R. Part 106 (Title IX).
Title IX prohibi ts discrimination on the basis of sex. The Academy is subject to the
requirements of Title IX because it receives Federal financial assistance from the U.S.
Department of Education.
Based on the information presented, OCR will investigate whether the Academy failed
to respond to your daughter 's report of sexual assault in a prompt and equitabl e
manner, in violation of 34 C.F.R. Sections 106.8(b) and 106.31.
Please not e that opening this complaint for investigation in no wa y implies that OCR
has made a determination with regard to the merits of the allegations. During the
investigation, OCR is a neutral fact-find er, collecting and analyzing relevant evidence
from the complainant, the recipient, and other sources, as appropriate . OCR will ensure
that its investigation is legally sufficient and dispositive of the allegations, in accordance
with the provis ions of OCR's CaseProcessing Manual, which can be found online at:
http://www.ed.gov/a bout / offices/list/ ocr/ docs/ocrcpm.html.
Today we prov ided the Academy with a similar letter, outlinjng your allegations and
the issues we are investigating. We also asked them to respond to a request for specific
documents that we are interested in reviewing. Following our review, it is common for

The Department of Education's mission is to promote student achievementandpreparationfor global competitiveness

byfos tering educational excellence and ensuring equal access.

 Page 2 -l

<b)(6); (b)(7(C)

IComplaint

No. 01-13-2008

us to travel to the institutions being investigated and interview relevant faculty, staff,
and community members. Please feel free to contact us at any time and we can give
you an update on how we are progressing in th is matter.
If you have any questions regardi ng this letter, please contact Civil Rights Investigato r
Mo11yO'Halloran at (617) 289-0058or Mol1y.O'Halloran@cd.gov, or Civil Rights
Attorney Phil Catanzano at (617) 289-0038or Philip.Catanzano@ed.gov. You may also
contact me at (617) 289-0044.
Sincerel ,

Ralph B. D' Amico, Jr.
Compliance Team Leader

 UNITED STATES DEPARTMENT OF EDU CATION
OFFICE FOR CIVIL RIGHTS , REGION I

5 POST OFFICE SQUARE. 8™ FLOOR
BOSTON, MASSACHUSETTS 02109 -3921

NOV3 0 20i2

President Richard Gurnan
Massach usetts Maritime Academy
101 Academy Drive
Buzzards Bay, Massachusetts 02532
Re:

Complaint No. 01-13-2008

Dear President Gurnon:
The U.S. Department of Education's Office for Civil Ri hts OCR) is o ening for
investigation the above-referenced complaint filed on (b)(5); (b)(?(C)
. In his
complaint J<b)(6); (b)(?(C)
!(Complainant) alleged that the Massachusetts Maritime
Academy (Academy) failed to promptly and equitably respond to his daughter's report
of a sexual assault in the fall of 2012. The Complainant's daughter is not a student of
the Academy, but her alleged assailant is a studen t and the Complainant claimed to
have brought his concerns both to you and your Title IX coordinator on separate
occasions to no avail. He alleged that, once local law enforcement became invo lved in
the matter, the Academy stopped responding to his concerns.
OCR is charged with ensu ring institutional compliance with Title IX of the Educat ion
Amendments of 1972 and its implementing regulation at 34 C.F.R. Part 106 (Title IX).
Title IX prohib its discrimination on the basis of sex. The Academ y is subject to the
requirements of Title IX because it receives Federal financial assistance from the U.S.
Department of Education.
Based on the information presented, OCR will inve stigat e whether the Academy failed
to respond to the alleged victim's report of sexual assault in a prompt and equitable
manner, in violation of 34 C.F.R. Section 106.B(b)and 106.31.
Please note that opening this comp laint for investigation in no wa y implies that OCR
has made a determination with regard to the merits of the allegations. During the
investigation, OCR is a neutral fact-finde r, collecting and analyzing relevant evidence
from the complainant , the recipient, and other sources, as appropriate. OCR will ensure
tl1at its investig ation is legally sufficient and dispositive of the allegations, in accordance
with the provisions of OCR' s CnseProcessingManual, which can be found online at:
http ://www.ed.gov / about / offices/list/ ocr/do cs/ ocrcpm .htm l. For your information,
we ha ve also included an explanation of OCR's complaint processing procedures.

TheDepartmentof Education's mission is topromote studentachievementandpreparationfor global competitiveness
byfostering educational excellence and ensuring equal access.

 Page 2- President Guman, Complaint No. 01-13-2008
In order to assist us in the resolution of this complaint, we ask that the Academy submit
a response to the enclosed data request within fifteen (15) calendar days from the date
of this letter. OCR' s authority to gather information and conduct an investigation is set
forth at 34 C.F.R. Sections 100.6(b) and (c) and 100.7(c) of the regulation implementing
Title VI of the Civil Rights Act of 1964, which is incorporated by reference into the Title
IX regulation at 34 ~.F.R. Section 106.71.

If you have any questions regarding this letter, please contact Civil Rights Investigator
Molly O'Halloran at (617) 289-0058 or Mo11y.O'Halloran@ed.gov, or Civil Rights
Attorney Phil Catanzano at (617) 289-0038 or Philip.Catanzano @ed.gov. You ma y also
contact me at (617) 289-0044.
Sincerely
(b)(6); (b)(7(C)

Ralph B. D' Amico, Jr.
Compliance Team Leader
Enclosures

 DATA REQUEST
MASSACHUSETTS MARrTIME ACADEMY

OCR COMPLAINT

No. 01-13-2008

Please submit the following information to OCR within fifteen (15) calendar days of the
date of this letter. OCR accepts submissions in electronic format by email or on CD.
Should you prefer to submit a hard copy, OCR requests that you refrain from the use of
staples, if possible, to facilitate the photocopying and processing of your information.
You can send the informati on to the attention of Molly O'Halloran at the address
enclosed in the letter, at the fax number (617) 289-0150,or at the email address
molly.o'halloran @ed.gov.
1.) The name and contact information of the Academy's:
a. Title IX coordinator(s);
b. Contact person for this complaint; and
c. The person authorized to resolve this complaint.
2.) Information about how students, staff and other interested parties are notified of
the Academy's Title IX coordinator(s). Please include copies of any hard-copy
and electronic documentation providing such notice.
3.) A detailed description of any training regarding sex discrimination provided to
the Academy's Title IX Coordinator(s) and/ or other Academy staff. For any
training, please include the date(s) the training was provided and copies of any
materials distrib uted at the training.
4.) Copy of the Academy's grievance procedure for responding to complaints of sex
discrimination. Please include any accompanying internal guidance or protocols
for Academy staff responsible for investigating the complaints.
5.) Information about how students, staff and other interested parties are notified of
the Academy's Title IX grievance procedures. Please include copies of any hardcopy and electronic documentation providing such notice.
6.) Any and all documentation related to complaints/reports of alleged sexual
assau lt, sexual harassment, or any claims of a sexua l nature involving the alleged
assailan t1, includin g, but not limited to, complaints, notes, letters, emails,
telephone logs, meeting notes, witness interviews and investigation reports.

1 In an effort to avoid releasing personall y identifiable information, please contact Investigator Molly
O'lialloran or one of the OCR staff referenced in the Jetter accompan y ing this request to provide the
names of the stude nts in question and any additional information that may assist in compiling a
respons e.

 Page 2 - Data Request, Complaint No. 01-13-2008
7.) U not provided in response to item 6, above, copies of any and all internal
communication between Academy personnel or external communication
between the alieged assailant or his representative(s) and Academy personnel
regarding the allegations of sexual assault, sexual harassment, or any other
conduct of a sexual nature during the 2011-2012 and 2012-13 school years.
8.) Copies of any complaints filed with the Academy during the 2010-2011,20112012, and 2012-13 involving sexual assau lt, sexual harassmen t, or any other
conduct of a sexual nature . Please include any relevant documentation including
notice of the final determination.
9.) Any other information that the Academy believes may be useful in the resolution
of this complaint.