Discrimination Complaint Form - United States Department Of Education Page 11
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12Page 11 of 12 – U.S. Department of Education, Office for Civil Rights
Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures
1) 180 days have elapsed since the complainant filed the complaint with OCR and
OCR has made no finding; or
2) OCR issues a finding in favor of the recipient. If this occurs, OCR will promptly
notify the complainant and will provide additional information about the right to file
for injunctive relief.
Prohibition against Intimidation or Retaliation
An institution under the jurisdiction of the Department of Education may not intimidate,
threaten, coerce, or retaliate against anyone who asserts a right protected by the civil rights
laws that OCR enforces, or who cooperates in an investigation. Anyone who believes that he
or she has been intimidated or retaliated against should file a complaint with OCR.
Investigatory Use of Personal Information
In order to investigate a complaint, OCR may need to collect and analyze personal
information such as student records or employment records. No law requires anyone to
give personal information to OCR and no formal sanctions will be imposed on complainants
or other persons who do not cooperate in providing information during the complaint
investigation and resolution process. However, if OCR is unable to obtain the information
necessary to investigate a complaint, we may have to close the complaint.
The Privacy Act of 1974, 5 U.S.C. § 552a, and the Freedom of Information Act (FOIA), 5 U.S.C.
§ 552, govern the use of personal information that is submitted to all Federal agencies and
their individual components, including OCR. The Privacy Act of 1974 protects individuals
from the misuse of personal information held by the Federal government. It applies to
records that are maintained by the government that are retrieved by the individual's name,
social security number, or other personal identifier. It regulates the collection, maintenance,
use and dissemination of certain personal information in the files of Federal agencies.
The information that OCR collects is analyzed by authorized personnel within the agency
and will be used by the government only for authorized civil rights compliance and
enforcement activities. However, in order to investigate or resolve a complaint, OCR may
need to reveal certain information to persons outside the agency to verify facts or gather
additional information. Such details could include the name, age, or physical condition of the
person who is the alleged subject of discrimination. Also, OCR may be required to reveal
information requested under FOIA, which gives the public the right of access to records of
Federal agencies. OCR will not release any information about a complainant to any other
agency or individual except in the one of the 11 instances defined in the Department's
regulation at 34 C.F.R. § 5b.9(b).
OCR does not reveal the name or other identifying information about an individual
(including individuals who file complaints or speak to OCR) unless (1) such information
would assist in the completion of an investigation or for in enforcement activities against an
institution that violates the laws, or; (2) unless such information is required to be disclosed
under the FOIA or the Privacy Act. OCR will keep the identity of complainants confidential
except to the extent necessary to carry out the purposes of the civil rights laws, or unless
disclosure is required under the FOIA, the Privacy Act or otherwise by law; or (3) such
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