Title VI/Civil Rights/ADA Discrimination Complaint Form

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Complaint Procedure

The NBPA is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination in the receipt of its services based on:

• Disability as protected by Title II of the Americans with Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973.
• Race, color, national origin, sex, age, or creed as protected by Title VI of the Civil Rights Act of 1964 (“Title VI”) and related laws and regulations.

Any person who believes he or she has been subjected to discrimination in any program or activity administered by the NBPA has the right to file a complaint with the NBPA. Complaints must be filed within one hundred eighty (180) days following the date of the alleged discriminatory occurrence.

If you believe you have been discriminated against based on disability, race, color, national origin, sex, age, or creed, please complete this form and return it via mail or email to the address noted below.

Blair Bailey, General Counsel
New Bedford Port Authority
123 MacArthur Drive
New Bedford, MA  02740
blair.bailey@newbedford-ma.gov

If you or someone you know require assistance in filing a complaint, assistance is available upon request. Please call (508) 961-3000 or write to the address above.

Complaint Forms may be obtained from the office of the NBPA at no cost to the complainant by calling (508) 961-3000 or sending an email to blair.bailey@newbedford-ma.gov or by accessing a copy on the NBPA website: portofnewbedford.org

A complainant may also file a complaint directly with the Maritime Administration by emailing civilrights.marad@dot.gov or mailing a written complaint to:

United States Maritime Administration Office of Civil Rights
West Building, 2nd Floor MAR-130
1200 New Jersey Avenue,
SE Washington, DC 20590

This procedure is not intended to deny or limit the right of a complainant to file a complaint with an outside agency, or to seek private legal counsel regarding discrimination.

A complaint may be dismissed if the complainant requests the withdrawal of the complaint; the complainant does not respond to requests for information on or before the date indicated in the request; or the complaint is not timely filed.

In cases where a complainant cannot provide a written complaint, assistance will be provided by the NBPA. However, all complaints must be signed by the complainant or their legal designee.

A signature provided by a legal designee must be accompanied by written permission from the complainant.

Complaint Investigation

Following the receipt and review of the complaint, the NBPA or a designee (“Investigator”) will issue a letter acknowledging receipt of the complaint.

1. The accused party(ies) will be notified that a complaint has been filed against him/her/them within 30 days of accepting the complaint. When applicable, the accused party(ies) is/are advised of his/her/their right to representation of his/her/their choice.
2. Barring extenuating circumstances outside of the Investigator’s control, the Investigator will conduct a fact-finding investigation and provide a resolution, if one is possible, within ninety (90) business days of receipt of the complaint and notify all involved parties in writing whether there was a violation of Title VI. This will include notification to the complainant of his/her/their right to appeal the results to the New Bedford Harbor Development Commission for review by the Commissioners acting as a whole (“HDC”)
3. All investigation findings will be reported to the parties involved in the investigation or his/her/their designee.
4. If the complainant elects to appeal the decision, he/she/they must do so in writing to the HDC within ten (10) business days after receipt of the complaint resolution proposed by the NBPA or Investigator designee. Failure to appeal within this period shall be interpreted as acceptance of this resolution.
5. The HDC or his/her/their designee will review the case to determine what, if any, additional information is needed. If additional information is required from the appellant, he/she/they will be provided reasonable advance notice of a meeting and will be advised of his/her/their right to present relevant information at that time.
6. The HDC will render a written decision regarding the appeal, no later than thirty (30) business days from the date of the filing of the appeal which will be sent to the appellant. If this decision differs from the findings of the investigation, it will also be sent to all parties involved in the investigation. The decision of the HDC is final. However, this does not preclude the complainant from pursuing other means of resolution under federal and/or state law.
7. All records of complaints and dispositions thereof shall be maintained and regularly reviewed by the NBPA who will pay particular attention to the detection of any patterns in the nature of the complaints. All such records shall be retained on a strictly confidential basis, except where disclosure is required by law.

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