UNITED STATES DEPARTM ENT OF EDUCATION
OFFIC E FOR CIVIL RIGHTS , REGION I

5 POST OFFICE SQUARE, grn FLOOR
BOSTON, MASSACHuSETTS 02109-3921

APR
10 2013

Re:
Dear

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

Complaint No. 01-13-2008

:

The U.S. Department of Education's Office for Civil Rights (OCR) is closing the
investigative phase of the above-referenced complaint you filed against the
Massachusetts Maritime Academy (Academy). You alleged the Academy failed to
appropriately respond to your daughter's report of a sexual assault by an Academy
cadet in the fall of 2012. Based on the information presented, OCR proceeded to
investigate whether the Academy failed to respond to your daughter's report of sexual
assault in a prompt and equitable manner, in violation of 34 C.F.R. Section 106.8(b) and
106.31. As explained below, prior to OCR completing its investigation and drawing any
conclusions regarding this matter, the Academy expressed an interest in resolving the
complaint and signed a resolu tion agreement (Agreement). A cop y of the signed
Agreement is enclosed.
OCR accepted this complaint for investigation because the allegations are withi n OCR' s
jurisdiction under Title 1X of the Education Amendments of 1972 and its implementing
regulation at 34 C.F.R. Part 106 (Title IX), which prohibit discrimination on the basis of
sex by recipients of Federal financial assistance from the U.S. Department of Education .
The Academy disagreed that OCR has jurisdiction pursuant to 34 C.F.R. 106.13, but
agreed to resolv e this matter prior to the conclusion of the investigation and a finding
on this matte r in order to comply with the spirit of Title IX and its implementing
regulations . Entering this agreement is not, however, an admission by the Academy
that it is required by law to compl y with Title IX or its implementing regulations.
During the investigation, OCR reviewed documentation from the Academy regarding
its Title IX Coordinator, published sexual harassment grievance procedure, and
respon ses to comp laints of sexual harassment and assault, includ ing its response to the
your grievance. Before OCR made any findings based on the information gathered, the
Academy expressed an interest in resolving the complaint. The Academy agreed to
take actions set forth in the enclosed Agreement.
The Agreement is aligned with the complaint allegation and the information OCR had
obtained when the Academy proposed to resolve the complaint. Moreover, the

The Department of Education's missionis to promote studentachievementand preparation/or global competitivenesst,y
fostering educationalexcellenceand en.mringequalaccess

 Page 2 -

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

!Complaint No. 01-13-2008

Agreement is consistent with the requirements of Title IX. Accordingly, we are closing
the investigative phase of the complaint as of the date of this letter and, consistent with
our usual practice, will monitor the Academy's implementation of the Agreement. The
matters addressed in this letter are not intended and should not be construed to cover
any other issues regarding the Academy's compliance with Title IX or any other laws
enforced by OCR that may exist but are not discussed here.

If you have any questions about the information contained in this letter, please contact
Civil Rights Investigator Molly O'Halloran at (617) 289-0058 or
Molly.O'Halloran@ed.gov; Civil Rights Attorney Phil Catanzano at (617) 289-0038 or
Philip.Catanzano @ed.gov; or me at (617) 289-0111.
Sincerel ,
(b)(6); (b)(7(C)

Enclosure

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGlO N I
5 POST OfFI CE SQUARE . grn FLOOR
BOSTON. MASSACHUSETTS 02109 -3921

APR
102DD
President Richard Gumon
Massachusetts Maritime Academy
101 Academy Drive
Bu1.zards Bay, Massachusetts 02532
Re:

Complaint No. 01-13-2008

Dear President Gurnon:
The U.S. Department of Education's Office for Civil Rights (OCR) is closing the
investigative phase of the above-referenced complaint filed against the Massachusetts
Maritime Academy (Academy). The Complainant alleged the Academy failed to
appropriately respond to his daughter's report of a sexual assault by an Academy cadet
in the fall of 2012. Based on the information presented, OCR proceeded to investigate
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.S(b) and 106.31.
As explained below, prior to OCR completing its investigation and drawing any
conclusions regarding this matter, the Academy expressed an interest in resolving the
complaint and signed a resolution agreement (Agreement). A copy of the signed
Agreement is enclosed .
OCR accepted this complaint for investigation because the allegations are within OCR's
jurisdiction under Title IX of the Education Amendments of 1972 and its implementing
regulation at 34 C.F.R. Part 106 (Title IX), which prohibit discrimination on the basis of
sex by recipients of Federal financial assistance from the U.S. Department of Education.
The Academy disagreed that OCR has jurisdiction pursuant to 34 C.F.R. 106.13, but
agreed to resolve this matter prior to the conclusion of the investigation and a finding
on this matter in order to comply with the spirit of Title IX and its implementin g
regulations. Entering this agreement is not, however, an admission by the Academy
that it is required by law to comply with Title IX or its implementing regulations.
During the investigation, OCR reviewed documentation from the Academy regarding
its Title IX Coordinator, published sexual harassment grievance procedure, and
responses to complaints of sexual harassment and assault, including its response to the
Complainant's grievance. Before OCR made any findings based on the information
gathe red, the Academy expressed an interest in resolving the complaint. The Academy
agreed to take actions set forth in the enclosed Agreement.

The Departmentof Education ·s mission is to promote student achievementand preparationfor global competitivenessby
fostering educational excellenceand ensuring equal access.

 Page 2-ComplaintNo. 01-13-2008

The Agreement is aligned with the complaint allegation and the information OCR had
obtained when the Academy proposed to resolve the complaint. Moreover, the
Agreement is consistent with the requirements of Title IX. With regard to Section Il of
the Agreement, Student-specific Actions, OCR understands that the Academy will
make every reasonable effort to meet with the Complainant and his daughter.
However, if the Complainant and his daughter no longer wish to participate in a
meeting, then that decision should be documented by the Academy and provided to
OCR pursuant to Section III(E)of the reporting provisions. Accordingly, we are closing
the investigative phase of the complaint as of the date of this letter and, consistent with
our usual practice, will monitor the Academy's implementation of the Agreement. The
matters addressed in this letter are not intended and should not be construed to cover
any other issues regarding the Academy's compliance with Title IX or any other laws
enforced by OCR that may exist but are not discussed here .
If you have any questions about the information contained in this letter, please contact
Civil Rights Investigator Molly O'Halloran at (617) 289-0058or
Molly.O'Halloran@ed.gov; Civil Rights Attorney Phil Catanzano at (617)289-0038or
Philip.Catanzano@ed.gov; or me at (617) 289-0111.

Sincere! ,
(b)(6); (b)(7(C)

Thomas J. ibino
Regional Director

Enc
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