Discrimination Complaint Form - United States Department Of Education Page 9
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12Page 9 of 12 – U.S. Department of Education, Office for Civil Rights Discrimination
agreement to verify that the remedial actions agreed to by the recipient have been
Complaint Form, Consent Form, and Complaint Processing Procedures
implemented consistent with the terms of the agreement and that the area(s) of
noncompliance identified were resolved consistent with applicable civil rights laws.
If the recipient refuses to negotiate a voluntary resolution agreement or does not
immediately indicate its willingness to negotiate, OCR will inform the recipient that it has
30 days to indicate its willingness to engage in negotiations to voluntarily resolve identified
areas of noncompliance, or OCR will issue a Letter of Finding to the parties providing a
factual and legal basis for a finding noncompliance.
If, after the issuance of the Letter of Finding of noncompliance, the recipient continues to
refuse to negotiate a resolution agreement with OCR, OCR will issue a Letter of Impending
Enforcement Action and will again attempt to obtain voluntary compliance. If the recipient
remains unwilling to negotiate an agreement, OCR will either initiate administrative
enforcement proceedings to suspend, terminate, or refuse to grant or continue Federal
financial assistance to the recipient, or will refer the case to the Department of Justice. OCR
may also move immediately to defer any new or additional Federal financial assistance to
the institution.
RESOLUTION OF THE COMPLAINT PRIOR TO THE CONCLUSION OF THE
INVESTIGATION
Early Complaint Resolution (ECR):
Early Complaint Resolution allows the parties (the complainant and the institution which is
the subject of the complaint) an opportunity to resolve the complaint allegations quickly;
generally, soon after the complaint has been opened for investigation. If both parties are
willing to try this approach, and if OCR determines that Early Complaint Resolution is
appropriate, OCR will facilitate settlement discussions between the parties and work with
the parties to help them understand the legal standards and possible remedies. To the
extent possible, staff assigned by OCR to facilitate the Early Complaint Resolution process
will not be the staff assigned to the investigation of the complaint.
OCR does not approve, sign or endorse any agreement reached between the parties as a
result of Early Complaint Resolution, and OCR does not monitor the agreement. However, if
the recipient institution does not comply with the terms of the agreement, the complainant
may file another complaint with OCR within 180 days of the date of the original
discrimination or within 60 days of the date the complainant learns of the failure to comply
with the agreement, whichever date is later.
Resolution of the Complaint Prior To the Conclusion of an Investigation
A complaint may also be resolved before the conclusion of an investigation, if the recipient
expresses an interest in resolving the complaint. If OCR determines that resolution of the
complaint before the conclusion of an investigation is appropriate, OCR will attempt to
negotiate an agreement with the recipient. OCR will notify the complainant of the
recipient’s request and will keep the complainant informed throughout all stages of the
resolution process. The provisions of the resolution agreement that is reached must be
aligned with the complaint allegations and the information obtained during the
investigation, and must be consistent with applicable regulations. A resolution agreement
reached before the conclusion of an investigation will be monitored by OCR.
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