Discrimination Complaint Form Page 8
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12Page 8 of 12 – U.S. Department of Education, Office for Civil Rights Discrimination
The complaint has been investigated by another Federal, state, or local civil rights
Complaint Form, Consent Form, and Complaint Processing Procedures
agency or through a recipient’s internal grievance procedures, including due process
•
proceedings, and the resolution meets OCR regulatory standards or, if still pending,
OCR anticipates that there will be a comparable resolution process under comparable
legal standards;
The same allegations have been filed by the complainant against the same recipient in
state or Federal court;
•
The allegations are foreclosed by previous decisions of the Federal courts, the U.S.
Secretary of Education, the U.S. Department of Education’s Civil Rights Reviewing
•
Authority, or OCR policy determinations.
OPENING THE COMPLAINT FOR INVESTIGATION
If OCR determines that it will investigate the complaint, it will issue letters of notification to
the complainant and the recipient. Opening a complaint for investigation in no way implies
that OCR has made a determination with regard to the merits of the complaint. During the
investigation, OCR is a neutral fact-finder. OCR will collect and analyze relevant evidence
from the complainant, the recipient, and other sources as appropriate. OCR will ensure that
investigations are legally sufficient and are dispositive of the allegations raised in the
complaint.
INVESTIGATION OF THE COMPLAINT
OCR may use a variety of fact-finding techniques in its investigation of a complaint. These
techniques may include reviewing documentary evidence submitted by both parties,
conducting interviews with the complainant, recipient’s personnel, and other witnesses,
and/or site visits. At the conclusion of its investigation, OCR will determine with regard to
each allegation that:
There is insufficient evidence to support a conclusion that the recipient failed to
comply with the law, or
•
A preponderance of the evidence supports a conclusion that the recipient failed to
comply with the law.
•
OCR’s determination will be explained in a letter of findings sent to the complainant and
recipient. Letters of findings issued by OCR address individual OCR cases. Letters of
findings contain fact-specific investigative findings and dispositions of individual cases.
Letters of findings are not formal statements of OCR policy and they should not be relied
upon, cited, or construed as such. OCR’s formal policy statements are approved by a duly
authorized OCR official and made available to the public.
RESOLUTION OF THE COMPLAINT AFTER A DETERMINATION OF NONCOMPLIANCE
If OCR determines that a recipient failed to comply with one of the civil rights laws that OCR
enforces, OCR will contact the recipient and will attempt to secure the recipient’s
willingness to negotiate a voluntary resolution agreement. If the recipient agrees to resolve
the complaint, the recipient will negotiate and sign a written resolution agreement that
describes the specific remedial actions that the recipient will undertake to address the
area(s) of noncompliance identified by OCR. The terms of the resolution agreement, if fully
performed, will remedy the identified violation(s) in compliance with applicable civil rights
laws. OCR will monitor the recipient’s implementation of the terms of the resolution
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