‘Commission Against Discrimination.
436 Dwight Street, Rm 220, Springfield, MA 01103,
Phone: (413) 739-2145 Fax: (413) 784-1086
sear.
Aubert Police Depart
Hunan Rosourees/Loal Deparment
Tit Main Stace
‘Aniarst MA 01002
RE: Vier A. Nunez Oris. Crocker Farm Elementary
School, Amberst Paice Departnent
[CAD Docket Number) MSPAOT207
EEOCHUD Numb:
Dear Respondent Pay:
‘The MassachustsCoomisson Against Disrminaion (MCAD) has receive the above complain of
lsciination which alleges tat you bave emit an at of erimination against the cuplanant. A
copy of tt compl is ecloed
Stat a requtes the Commision ta inary review the allegations in hat complaint. The Commision
Ins sone one of tll, Maryann Brust, to invesigate he conplaint. This MCAD investgsior wil
keep the pares infomnad ofthe couse of the lnvestigation,
‘States tht you sit formal writen answer tthe complaint cae a Postion Stamens.
‘This Poon Smtrent mist be sutiog win twenty-one (21) days of esp ofthis ntifstion. The
Poston Stement mest he rgned ander de pains and penalties of perjury. A coy must also be
forwarded othe Compliant tthe adres led onthe elesod campit. Failure fla Poston
‘Statement or other sponse nithin he prescribed tne may resin ston being inposed in nsordance
svi 804 CMR 16
{kis eur polit dtemne whether te patie ae wing 9 consider apd, formal and voli
‘soliton ofthe dlpute, ‘The Commission encourages ach resolutions asa ateratve ote ofa Fengthy
fd expensive ligation procs, To dscus th possbily of vetomen, please contact the Investigator
med below
Please be advise that Posion Statens are tobe adossd to Carol Machin, Adniistative Assan,
[you have ay gustan conceming Poston Statements pens cll (413) 314-5129,
you have sy questions pertaining tothe Investigation, plese coat Maryann Brunton at (413) 314-6102,
Sine,
Maryann Branton
Investigator
MCAD Dedlat Number M4SPA01
‘Serve Respondent Without nvstigatve Conference‘The Commonwealth of Massachusetts
‘Commission Against Discrimination war 20
436 Dwight Street, Rum. 220, Springfield, MA 01103 :
Phone: (413) 739-2145 Fax: (413) 784-1086
' 2
‘MCAD DOCKET NUMBER: 14SPADI2I7 'EEOCHUD CHARGE NUMBER:
FILING DATE: 0s19/4 VIOLATION DATE: 0328/4
‘Nate af Asgrined Person or Orsnitin
‘Viewr A, Nonez Oz
12s Bay Road
Amber, MA 01002
Primary Phone: (13)6954838 oc. _
sist nba criti, a abe sol
‘rocker Far RemestarySehool
‘ra Resources! Dpertent
240 West Stee
Springfield MA 01102
Primary Phone (13)3621600 ext.
Amber Police Depart
“Human RescucteLeal Depart
IIT Main Steet
Ambert MA D100?
‘Primary Phone (15)289-3000 ext
NovofEmployssr NIA
‘Theparealars are
i, Vieor A Nie Ort, the Complain belive hat was iscrininuted aginst bythe Amberst Police Departmet and
Crocker Farm Hessentryon ts basis of RassiColoriispni). This is in violaon of MG. Ch, 27, section 98
1. Lye tre (3) dren who stead Crocker Farm Elementi schol in Amherst, Massschusets On March 28, 204, 2
‘afta aff mere noticed aman who sh didnot reeognie 4 pet rw taf merber ooking fr his uel st
‘he onool. Recess did ot ecogiz the an, seat he prepa, who pt the e400 loko I as
‘Sacovered that awit uc had bor are la school wl th anidertcd mm ve nh whoo): Dring hm he
Schl callod tho Ams Police Deparment, which seat oye some officer fo investigate. Atel ofthe rea were
Secouned forte administrators detained hat he individual was st ly a pareat wo bad eft an ambela Wea be
Ind attended the schoo Math Nia, whish ook place on March 26,2014. Twas notin atendanc for Math Nigh, but 3y
‘wie was. The police epor thatthe police deparant crested sud thatthe unidnied man had "nocb-colorec sin."
2, Daring the loko, the principal ntriewed the cafes mployes, who sated that he uidened as ood ko
‘me. An sdminioaar dcecmained that hat was ot enough nfaton o art te schoo cooteting me. The
‘minister éetrmiped that to farther action would be taken At some point tht day, te administration determined hat
‘he unidentified man wa a staf member who hada acct overs ID cad when he cfeteri employee shim.
5. Bvea ough the cool nd detent o futur aon ad to be kan rogaring tho ooo, athe police
‘fies were leaving ote police oer od administrators tht hey would hve by my house fo see wheter [owned &
‘MCAD Docket Number 45PA01217, Conplaatwie mck, Adina, the police ofcer asked an adminlsvative Serr fora copy ofthe sign-in ses Sr the Math
‘Nid whic ste gave him.
4 Following this two (2) pole ofieers dove my bute and knocked on my door. Resase Iwas nt tha, te
plc ofices talked om ie and asked whether {rove x wht ce My mifediated hat i ot. Later ht ay,
‘alld te police station tinge about Vit Bven hough te school ad the plice alcady new that the
‘uieatfed man was a schools member, be police officer eked me whether {ome a white rk nd where Thad
‘een fst moming I explained tht Thad not been tke shoo! aT did ao own track, The police offen stated that he
‘would investiga the stuntion ana get back fo me. Tpever heard bck Bom hi, Following th Iwo in Amherst
abd thr he plea ere flowing me
5, eMac 31,2041 nh rcpt of te st how sana ee eno ls oe
als kd abut te Math Nigh ist. The pncpal old at she wa nt eware hat he Minh Night et ind een.
"eles ad tht she woul investigate stustion and get back ome. She saver contacted me afi Tako sed for
‘copy ofthe Math Nigh ist but have act eceived a copy ofthe so his
6.On Api. 28,2014 1 ated the schoo commis modting and explsine that had ben racially profited and that 20
Tonge ase in Arbre,
7.00 Api 30,2018 1 ypoke wit the Chie of Paice, who informe tat om March 28, 2014 police oer had
Interviewed six (6) ober aes regarding the loksown Following ths, [met with he sperintendent, Me Maria Gey,
euieaat Kon Young rom the plicedeparaet and Mike Mae's, a amis, earn he eae. explo
‘on that Und been racial poled and wand to know wheber th aff member who bad net is bela ad
"och-colored skin” Talso asked whet th st (5 fais wh nd ben neviewed ty the police om Mach 2%, 2014
‘nnd "toeia-olred kin" Whea [asked bo had made the decison owed police oer my tse, Litnent Young
Stated tbat he hn. When Laie him why, Liewenant Young explained, "You it he role” Sapernendeat Ger hea
‘de, "You Gitte deseption™
8. OnMay 13,2014, 1wantto Ambre Mein and asked forthe ape of the previous schol commits meting bec it
‘was et ang ontlaiion. Tedd thee erplaned tht becuse the eo was oot working oo the tape, they hid
elt the video. Later tat sy, tended ante soo comme meeting at ake why the age Was deleted. Noone
sword my questions,
9.0n May 14,2014, tase) ot of fe (5) ofthe committe beard members emilee aa tat they would help me
‘wot eter tote poice department explaning why Twat Upset.
10, On May 15,2014, met with Me, Mons nd the new principal, Mr Derec She, and asd tre (3) ass I wanted
«public apology tom the police deparemert, I waned the commie bord owe tro the Chit of Pole, ad]
‘waned tal sbout moving forward Daring the meeting, Mz. Shey became angry and dt ei ct elo tt
‘he administra secretary hd ven the police acer the Math Nigh Ist. Ar the meting the Cie of Police came Yo
Ie superintendents ofc Whe was reseat and aplogized our (4) tines and admit th they had dane something
‘tong
‘Theor, asa tat Fbave ben subjected orca pofing and ditrimination bao on my rector Hspeni).
"Therefir Taste that Thave Ve ule save ing ae cio ble my ator apni)
‘hereby verify, ener te pains uo penalties of perjury, tha Thave read this complied he allegations conned Herein
rem the bas of my Booed
‘MCAD Docket Number 14SPA0127, ComplastTHE COMMONWEALTH OF MASSACHUSETTS:
CONMISSION AGAINST DISCRIMINATION
436 DwicHT STREET, SUITE 220
SPRINGFIELD, MA 01103
Deval L. Patrick Julian 7. Tynes
‘Governor (Chalemen
Timothy P, Muerey Sunia Thonas-George
LUsutenant Goveror NOTICE OF OPTION TO MEDIATE Commissions
Jamie A. Willamsen
‘The Massachusetts Commission Against Discrimination is pleasedto invite you to
partictpate in efforts to resolve the above captioned complaint through mediation. Mediation isa
form of dispato resolution whereby a neutral party, through jolnt and individual dscussions with
‘he parties tthe dispute assist in nding a mutually acceptable resolution tothe dispute,
Mediation is being initially oferedto you as an alternative to our regular complaint process. Please
vist woew,nassgov/mead/mediation.htmnl and scroll down for addtional information. The
option to mediate through this program is available tothe partes only within the fist ssty (60)
days from the date the complaints ile
Participation in mediation i entirely voluntary, and ether party to the mediation may
‘withdraw from the process at any time and re-enter the mainstream MCAD administrative process.
‘The mediation proces s completely confidential and you may have arepresentative of your choice
‘with you during the mediation sessions. To ensure the confidentiality ofthe process, bath parties ta
‘the mediation must sign @ mediation agreement and con‘Mdentality agreement which include an
‘agreement natto attemptt obtain the testimony ofthe mediator in anyother forum.
after having read the enclosed and on-line Information your cholce sto mediate, please
leave a detailed message for GILBERT MAY within ten (10) days of receipt of this Notice at (413)
314-6130 or Gilbert May@statemaus In order to most eficiently help you, your message must
{include (1) your statement of aceptance, aswel as detail as to any questions you may have, (2)
‘your contact information (telephone number and email address), (3) he case name, and (4) che
MCAD docket number, We will thereafter be back in touch wit you within 10-14 days toletyou
‘know of he Complainant’ independent interest In mediation, and scheduling option, i any.
‘The Respondent's Postion Statement deadline willbe talled while medlation ls pending
only ifand when both parties elec to mediate Inthe meantime ll scheduled obligations, inching
the due date of Respondent’ Postion statement, will remain in effect as originally scheduled unless
and unt the parties are otherwise specifically informed, [fboth parties do not elect to mediate, the
‘le willbe returned tothe ease investigator and will continue to prooeed without interruption,
according the MCAD‘s original schedule fr the case.
Tok 419) 793.2145 Fax: 619) 726-1086,