SECTION 612:1-13-9. Complaint rules and procedures

(a)   Any person who believes that he/she or any specific class of persons has been subjected to discrimination in a Department program subject to Title VI, ADA, or Section 504 may, personally or by a representative, file a written complaint. Department personnel will assist the complainant in the writing of the complaint if such assistance is needed. Complaints may be filed with the Department or the Office of Civil Rights Enforcement. If filed with the Department, the complaint will be brought to the attention of the Director. A complaint must be filed no later than 180 days from the date of an alleged discriminatory act. The time for filing may, however, be extended by the responsible official.

(b)   After determining that the complaint falls within the jurisdiction of Title VI, ADA, or Section 504, the Director must insure a prompt and thorough investigation of the complaint. Following investigation of the complaint, the responsible official of the Department as designated by the Director will determine whether or not discrimination did in fact occur, necessary action will be taken to correct the discriminatory practice, or require it to be corrected, and prevent any recurrence of such discrimination. The Department will take follow-up action to determine that the corrective measures have eliminated the conditions that contributed to the discriminatory act.

(c)   The complainant will be advised in writing within 45 days from the receipt of the complaint as to the findings of the Department regarding the complaint. In the same written notice the complainant will be advised if he/she is not satisfied with the decision he/she may appeal to the U.S. Department of Education. The Department will maintain records to show the nature of the complaint, the details of the investigation, and the action taken by the Department. If the complaint has been found to be valid, the records will indicate the nature of the corrective action taken. All complaint records will be available for review by the Office of Civil Rights Enforcement.

[Source: Added at 10 Ok Reg 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 14 Ok Reg 3735, eff 9-10-97 (emergency); Amended at 15 Ok Reg 1790, eff 7-1-98; Amended at 29 Ok Reg 1427, eff 7-1-12; Amended at 32 Ok Reg 1267, eff 8-27-15]