Discrimination Complaint Form Page 7
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12Page 7 of 12 – U.S. Department of Education, Office for Civil Rights Discrimination
Complaint Form, Consent Form, and Complaint Processing Procedures
OCR COMPLAINT PROCESSING PROCEDURES
LAWS ENFORCED BY OCR
OCR enforces the following laws:
Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of
race, color or national origin;
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Title IX of the Education Amendments of 1972, which prohibits discrimination on
the basis of sex;
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Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the
basis of disability;
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Age Discrimination Act of 1975, which prohibits discrimination on the basis of age;
Title II of the Americans with Disabilities Act of 1990, which prohibits
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discrimination on the basis of disability;
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Boy Scouts of America Equal Access Act, part of the No Child Left Behind Act of
2001, which prohibits denial of access to or other discrimination against the Boy
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Scouts or other Title 36 U.S.C. youth groups in public elementary schools, public
secondary schools, local education agencies, and state education agencies that have
a designated open forum or limited public forum.
EVALUATION OF THE COMPLAINT
OCR evaluates each complaint that it receives in order to determine whether it can
investigate the complaint. OCR makes this determination with respect to each allegation in
the complaint. For example, OCR must determine whether OCR has legal authority to
investigate the complaint; that is, whether the complaint alleges a violation of one or more
of the laws OCR enforces. OCR must also determine whether the complaint is filed on time.
Generally, a complaint must be filed with OCR within 180 calendar days of the last act that
the complainant believes was discriminatory.
If the complaint is not filed on time, the
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complainant should provide the reason for the delay and request a waiver of this filing
requirement. OCR will decide whether to grant the waiver. In addition, OCR will determine
whether the complaint contains enough information about the alleged discrimination to
proceed to investigation. If OCR needs more information in order to clarify the complaint, it
will contact the complainant; the complainant has 20 calendar days within which to
respond to OCR’s request for information.
OCR will dismiss a complaint if OCR determines that:
OCR does not have legal authority to investigate the complaint;
The complaint fails to state a violation of one of the laws OCR enforces;
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The complaint was not filed timely and that a waiver will not be granted;
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The complaint is unclear or incomplete and the complainant does not provide the
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information that OCR requests within 20 calendar days of OCR’s request;
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The allegations raised by the complaint have been resolved;
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Complaints that allege discrimination based on age are timely if filed with OCR within 180 calendar days
of the date the complainant first knew about the alleged discrimination.
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