Discrimination Complaint Form Page 10
Download a blank fillable Discrimination Complaint Form in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Discrimination Complaint Form with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12Page 10 of 12 – U.S. Department of Education, Office for Civil Rights
Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures
APPEAL OF OCR’S DETERMINATIONS
OCR is committed to a high quality resolution of every case. OCR affords an opportunity to
the complainant to submit an appeal of OCR's letter finding insufficient evidence of a
violation. The appeal process provides an opportunity for complainants to bring
information to OCR’s attention that would change OCR’s decision. The appeal process will
not be a de novo review of OCR’s decision (i.e., OCR will not review the matter as if no
previous decision had been rendered).
If the complainant disagrees with OCR’s decision, he or she may send a written appeal to the
Director of the Enforcement Office (Office Director) that issued the determination. If the
complainant has documentation to support the appeal, the documentation must be
submitted with the complainant’s appeal. In an appeal, the complainant must explain why
he or she believes the factual information was incomplete, the analysis of the facts was
incorrect, and/or the appropriate legal standard was not applied, and how this would
change OCR’s determination in the case. Failure to do so may result in the denial of the
appeal.
In order to be timely, an appeal (including any supporting documentation) must be
submitted within 60 days of the date of the determination letter. The Office Director may
exercise discretion in granting a waiver of the 60-day timeframe where:
1. the complainant was unable to submit the appeal within the 60-day timeframe
because of illness or other incapacitating circumstances and the appeal was filed
within 30 days after the period of illness or incapacitation ended; or
2. unique circumstances generated by agency action have adversely affected the
complainant.
A written response to an appeal will be issued. A decision of the Office Director constitutes
the agency’s final decision. Such a decision will inform the complainant that he or she
"may have the right to file a private suit in federal court whether or not OCR finds a
violation."
ADDITIONAL INFORMATION
Right to File a Separate Court Action
The complainant may have the right to file suit in Federal court, regardless of OCR’s
findings. OCR does not represent the complainant in case processing, so if the complainant
wishes to file a court action, he or she must do so through his or her own attorney or on his
or her own through the court’s pro se clerk’s office.
If a complainant alleges discrimination prohibited by the Age Discrimination Act of 1975, a
civil action in Federal court can be filed only after the complainant has exhausted
administrative remedies. Administrative remedies are exhausted when either of the
following has occurred:
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal