ERIC ED422646: How To File a Discrimination Complaint with the Office for Civil Rights.

6 Pages·1998·0.11 MB·English

by  ERIC

DOCUMENT RESUME
EA 029 331
ED 422 646
How To File a Discrimination Complaint with the Office for
TITLE
Civil Rights.
[1998].
Office for Civil Rights (ED), Washington, DC.
INSTITUTION
PUB DATE
1998-00-00
NOTE 5p.; For the 1995 edition, see ED 402 647.
Legal/Legislative/Regulatory Materials (090)
PUB TYPE
EDRS PRICE MF01/PC01 Plus Postage.
Civil Law; *Civil Rights; Educational Discrimination;
DESCRIPTORS
Elementary Secondary Education; *Equal Education; *Grievance
Procedures
ABSTRACT
The Office for Civil Rights (OCR) enforces five Federal
statutes that prohibit discrimination in any program or activity that
receives Federal financial assistance from the Department of Education (ED).
The process for filing a complaint is outlined in this brochure. It includes
information on the timeliness of the complaint, institutional grievance
procedures, and where to write to initiate a complaint. Details on what to
include in a discrimination complaint are provided for those wishing to file
a formal complaint with OCR, and it is emphasized that a recipient of a
complaint may not retaliate against a person initiating the complaint. Anyone
who believes that any educational institution supported by the (ED) has
discriminated against someone on the basis of race, color, national origin,
sex, disability, or age may file a complaint. The civil rights law enforced
by OCR extends to all state education agencies, elementary and secondary
school systems, colleges and universities, vocational schools, proprietary
schools, state vocational rehabilitation agencies, libraries, and museums
receiving assistance from the ED.
(RJM)
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Reproductions supplied by EDRS are the best that can be made
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HOW TO FILE A
DISCRIMINATION
COMPLAINT
WITH THE
OFFICE FOR CIVIL RIGHTS
U.S. DEPARTMENT OF EDUCATION
Office of Educational Research and Improvement
EDUCJ.TIONAL RESOURCES INFORMATION
CENTER (ERIC)
This document has been reproduced as
received from the person or organization
originating it.
0 Minor changes have been made to
improve reproduction quality.
Points of view or opinions stated in this
document do not necessarily represent
official OERI position or policy.
Office for Civil Rights
U.S. Department of Education
600 Independence Avenue, S.W.
(Ne)
Washington, D.C. 20202-1100
[phone]; 1-800421-3481
Qs
Fax: [phone]
T1'Y: 202-205-5166
44
2
WHO CAN FILE
WHERE TO WRITE
Anyone who believes that an educational
institution that receives Federal financial
assistance has discriminated against someone
Connecticut, Maine, Massachusetts, New
on the basis of race, color, national origin,
Hampshire, Rhode Island, Vermont
'-sex, disability, or age may file a complaint.
Office for Civil Rights, Boston Office
:The person or organization filing the
U.S. Department of Education
complaint need not be a victim of the alleged
J. W. McCormack Post Office and Courthouse
discrimination, but may complain on behalf
Room 222, 01-0061
of another person or group.
Boston, MA 02109-4557 [phone]
FAX# [phone]; TDD [phone]
TIMELINESS
New Jersey, New York, Puerto Rico,
Virgin Islands
A complaint must be filed within 180
Office for Civil Rights, New York Office
calendar days of the date of the alleged
U.S. Department of Education
discrimination, unless the time for filing is
75 Park Place, 14th Floor
extended by OCR for good cause.
New York, NY 10007-2146 [phone]
FAX# [phone]; TDD [phone]
INSTITUTIONAL GRIEVANCE
Delaware, Maryland, Kentucky,
PROCEDURES
Pennsylvania, West Virginia
Office for Civil Rights, Philadelphia Office
Prior to filing a complaint with OCR against
U.S. Department of Education
an institution, a potential complainant may
The Wanamaker Building
100 Penn Square East, Suite 515
want to find out about the institution's
Philadelphia, PA 19107 [phone]
grievance process and use that process to
FAX# [phone]; TDD [phone]
have the complaint resolved. A complainant
is not required by law to use the institutional
SOUTHERN DIVISION
grievance procedure before filing a complaint
with OCR. If a complainant uses an
Alabama, Florida, Georgia, South Carolina,
institutional grievance process and also
Tennessee
chooses to file the complaint with OCR, the
Office for Civil Rights, Atlanta Office
U.S. Department of Education
complaint must be filed with OCR within 60
61 Forsyth Street, S.W., Suite 19T70
days after the last act of the institutional
Atlanta, GA 30303 [phone]
grievance process.
FAX# [phone]; TDD [phone]
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iv
Iowa, Kansas; Missouri, Nebraska,
Arkansas, Louisiana; Mississippi,
North Dakota, South Dakota
Oklahoma, Texas
Office for Civil Rights, Kansas City Office
Office for Civil Rights, Dallas Office
U.S. Department of Education
U.S. Department of Education
10220 North Executive Hills Boulevard
1999 Bryan Street
8th Floor, 07-6010
Suite 2600
Kansas City, MO 64153-1367 [phone]
Da Hag: TX 75201 [phone]
FAX# [phone]; TDD [phone]
FAX# [phone], TDD [phone]
North Carolina, Virginia,
WESTERN DIVISION
Washington, D.C.
Office for Civil Rights, DC Office
Arizona, Colorado, Montana, New Mexico,
U.S. Department of Education
Utah, Wyoming
1100 Pennsylvania Avenue, N.W., Room 316
Office for Civil Rights, Denver Office
P.O. Box 14620
U.S. Department of Education
Washington, D.C. 20044 4620 [phone]
1244 Speer Boulevard
FAX# [phone]; TDD [phone]
Federal Building, Suite 310, 08-7010
Denver, CO 80204-3582 [phone]
MIDWESTERN DIVISION
FAX# [phone]; TDD [phone]
California
Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin
Office for Civil Rights, San Francisco Office
U.S. Department of Education
Office for Civil Rights, Chicago Office
Old Federal Building
U.S. Department of Education
50 United Nations Plaza, Room 239
111 North Canal Street, Suite 1053
San Francisco, CA 94102-4102 [phone]
Chicago, IL 60606-7204 [phone]
FAX# [phone]; TDD [phone]
FAX# [phone]; TDD [phone]
Alaska, Hawaii, Idaho, Nevada, Oregon,
Michigan, Ohio
Washington, American Samoa, Guam,
Office for Civil Rights, Cleveland Office
and the Northern Mariana Islands
U.S. Department of Education
600 Superior Avenue East
Office for Civil Rights, Seattle Office
U.S. Department of Education
Bank One Center, Room 750
Cleveland, OH 44114-2611 (216) 5224970
915 Second Avenue, Room 3310, 10-9010
Seattle, WA 98174-1099 [phone]
FAX# [phone]; TDD (216) 5224944
FAX# [phone]; TDD [phone]
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mitiompv
The Office for Civil Rights ',OCR) enforces
WHAT TO DO
five Federal statutes that prohibit
discrimination in programs and activities that
Anyone wishing to file a formal complaint
receive Federal financial assistance from the
with OCR should submit in writing ttie
Department of Education (ED).
following information in a letter or on the
Discrimination on the basis of race, color,
Discrimination Complaint Form available
and national origin is prohibited by Title VI
from OCR enforcement offices (see listing).
of the Civil Rights Act of 1964; sex
discrimination is prohibited by Title IX of the
Your name and address (a telephone
Education Amendment of 1972;
number where you may be reached
discrimination on the basis of disability is
during business hours is helpful, but not
prohibited by Section 504 of the
required);
Rehabilitation Act of 1973 and Title H of the
Americans with Disabilities Act of 1990 (Title
A general description of the person(s) or
II prohibits discrimination on the basis of
class of persons injured by the alleged
disability by public entities, whether or not
discriminatory act(s) (names of the
they receive Federal financial assistance);
injured person(s) are not required);
and age discrimination is prohibited by the
Age Discrimination Act of 1975.
- The name and location of the institution
that committed the alleged discriminatory
The civil rights laws enforced by OCR extend
act(s); and
to all state education agencies, elementary
and secondary school systems, colleges and
- A description of the alleged
universities, vocational schools, proprietary
discriminatory act(s) in sufficient detail to
schools, state vocational rehabilitation
enable OCR to understand what
agencies, libraries, and museums that
occurred, when it occurred, and the basis
receive Federal financial assistance from ED.
for the alleged discrimination (race,
Programs and activities that receive ED
color, national origin, sex, disability, or
funds must be operated in a
age).
nondiscriminatory manner. Such programs
or activities may include, but are not limited
A recipient may not retaliate against any
to: admissions, recruitment, financial aid,
person who has made a complaint, testified,
academic programs, student treatment and
assisted or participated in any manner in an
services, counseling and guidance,
investigation or proceeding under the five
discipline, classroom assignment, grading,
statutes listed above.
vocational education, recreation, physical
education, athletics, housing, and
employment.
.? 31
,4)9-e2?
ERIC
U.S. DEPARTMENT OF EDUCATION
Office of Educational Research and Improvement (OERI)
Educational Resources information Center (ERIC)
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