Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 8

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VA MEDICAL CENTER
POLICY MEMORANDUM 00-028
BRONX, NEW YORK 10468
September 9, 2003
1) It is submitted in person or by mail, signed and dated by the complainant and directed to:
DEPT. OF VETERANS AFFAIRS
OFFICE OF RESOLUTION MANAGEMENT
C/O VA NEW JERSEY HEALTH CARE SYSTEM
LYONS CAMPUS
151 KNOLLCROFT ROAD, BLDG. 16
LYONS, NEW JERSEY 07939
2) The matter was brought to the attention of an EEO Counselor within forty-five (45) calendar
days of the date of the alleged incident, (or, if a personnel action, within forty-five (45) calendar days of
the effective date of such action).
3) The complainant or designated representative must have submitted the formal written complaint
within fifteen (15) days following the notice of final interview.
4) The issues must be sufficiently defined so that they may be investigated under applicable law.
C. Dismissal of Complaint
1) THE OFFICE OF RESOLUTION MANAGEMENT, LYONS, NJ, MAY DISMISS A
COMPLAINT ON PROCEDURAL GROUNDS, i.e., if:
a) It was not filed in a timely manner.
b) It does not fall within the purview of the discrimination complaint regulations or presents
identical matters as contained in a previous complaint filed by the same complaint.
c) Failed to pursue the matter to completion.
d) The complainant failed to provide sufficient information to clarify the complaint.
2) ORM IS CHARGED WITH FINAL AGENCY DECISION AUTHORITY ON PROCEDURAL
DISMISSALS.
THE
OFFICE
OF
EMPLOYMENT
DISCRIMINATION
COMPLAINT
ADJUDICATION (OEDCA), WASHINGTON, DC, IS CHARGED WITH MERIT DISMISSALS
AND FINAL AGENCY DECISIONS ON THE MERITS OF A COMPLAINT.
D. Complaint Withdrawal - The complainant may withdraw his/her complaint during any stage of the
processing procedure prior to the issuance of a decision by VA OEDCA. The withdrawal should be
submitted in the form of a memorandum to the OFFICE OF RESOLUTION MANAGEMENT which will
assure that the intent to withdraw is clearly expressed over the complainant’s signature. The reasons for
withdrawal will be included.
E. Investigation - The OFFICE OF RESOLUTION MANAGEMENT, LYONS, NJ, will provide for
the prompt investigation of the complaint.
F. Adjustment of Complaint and Offer of Hearing
1) The agency will furnish the complainant or his/her representative with a copy of the investigation
file promptly after receiving it from the investigator and will provide a notice of rights pursuant to 29
CFR 1614 within thirty (30) days of receipt.
2) If an adjustment of the complaint is arrived at, the terms of adjustment shall be reduced to writing
and made a part of the complaint file. A copy of the terms of the adjustment will be provided to the
complainant.
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