Case: Department of Education OCR Title IX Investigation of Massachusetts Maritime Academy

01-13-2008 | No Court

Filed Date: 2013

Closed Date: Dec. 30, 2013

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Case Summary

In the fall of 2012, the father of young woman filed a complaint with the US Department of Education, Boston Office for Civil Rights (OCR). He alleged that Massachusetts Maritime Academy violated Title IX by failing to respond promptly and equitably to his daughter’s sexual assault. Specifically, the complainant asserted that the school stopped investigating the sexual assault entirely once the local police became involved in responding to the incident. On November 30, 2012, OCR announced that …

In the fall of 2012, the father of young woman filed a complaint with the US Department of Education, Boston Office for Civil Rights (OCR). He alleged that Massachusetts Maritime Academy violated Title IX by failing to respond promptly and equitably to his daughter’s sexual assault. Specifically, the complainant asserted that the school stopped investigating the sexual assault entirely once the local police became involved in responding to the incident. On November 30, 2012, OCR announced that it was opening an investigation.

Massachusetts Maritime Academy officials disagreed with OCR that the agency had jurisdiction to investigate, given that the alleged victim of the sexual assault was not a student at the school. Nevertheless, on April 10, 2013 the Academy entered into a voluntary resolution agreement prior to the conclusion of the investigation. Although the Academy agreed to make a variety of changes to its Title IX policies and practices, the agreement did not constitute an admission of liability for any Title IX violations.

As a part of the resolution agreement, the Academy agreed to make the following changes:

  • Better publicize the roles and responsibilities of the Title IX Coordinator;
  • Revise the Title IX grievance procedures and submit them to OCR for approval;
  • Provide training to the Title IX Coordinator and all those involved in sexual misconduct investigations regarding the institution’s new policies and practices;
  • Provide training to all staff about the new Title IX policies;
  • Provide training to all freshmen students on the Academy’s sexual misconduct policies and resources;
  • Create a pamphlet and webpage explaining the school’s grievance procedures and resources available to victims of sexual misconduct;
  • Hold ongoing educational forums on sexual assault awareness and prevention, such as Take Back the Night; and
  • Meet with the complainant and his daughter to discuss the Academy’s response and the impact it had on the young woman.

The parties agreed that Massachusetts Maritime Academy would submit all documentation demonstrating compliance with the agreement by no later than December 30, 2013. Because there has been no further activity on the docket, the case is presumed closed.

Summary Authors

Hope Brinn (1/10/2019)

People


Attorneys(s) for Plaintiff

Hibino, Thomas J. (Massachusetts)

Attorneys(s) for Plaintiff

Hibino, Thomas J. (Massachusetts)

Documents in the Clearinghouse

Document

01-13-2008

[Notification letters and data request for the Massachusetts Maritime Academy]

Nov. 30, 2012

Nov. 30, 2012

Notice Letter

01-13-2008

[Notification letter for the Massachusetts Maritime Academy]

Nov. 30, 2012

Nov. 30, 2012

Notice Letter

01-13-2008

[Massachusetts Maritime Academy Letter of Findings]

April 10, 2013

April 10, 2013

Findings Letter/Report

01-13-2008

[Massachusetts Maritime Academy Letter of Findings]

April 10, 2013

April 10, 2013

Findings Letter/Report

01-13-2008

Voluntary Resolution Agreement

April 10, 2013

April 10, 2013

Settlement Agreement

Resources

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Massachusetts

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: 2013

Closing Date: Dec. 30, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The complainant was the father of a young woman who had been sexually assaulted while visiting Massachusetts Maritime Academy.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Maritime Academy (Buzzards Bay, Barnstable), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2013 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Reporting

Training

Issues

Discrimination-basis:

Sex discrimination

Affected Gender:

Female