[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1225.9]



[Page 59-60]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1225_VOLUNTEER DISCRIMINATION COMPLAINT PROCEDURE--Table of Contents

 

      Subpart B_Processing Individual Complaints of Discrimination

 

Sec. 1225.9  Complaint procedure.



    (a) EO Director. (1) The EO Director must accept a complaint if the 

process set forth above has followed, and the complaint states a charge 

of illegal discrimination. The agency will extend the time limits set 

herein (a) when the complainant shows that he or she was not notified of 

the time limits and was not otherwise aware of them, or (b) the 

complainant shows that he or she was prevented by circumstances beyond 

his or her control from submitting the matter in a timely fashion, or 

(c) for other reasons considered sufficiently by the agency. At any time 

during the complaint procedure, the EO Director may cancel a complaint 

because of failure of the aggrieved party to prosecute the complaint. If 

the complaint is rejected for failure to meet one or more of the 

requirements set out in the procedure outlined in Sec. 1225.8 or is 

cancelled, the EO Director shall inform the aggrieved party in writing 

of this Final Agency Decision; that the Peace Corps or ACTION will take 

no further action; and of the right, to file a civil action as described 

in Sec. 1225.21 of this part.

    (2) Upon acceptance of the complaint and receipt of the Counselor's 

report, the EO Director shall provide for the prompt investigation of 

the complaint. Whenever possible, the person assigned to investigate the 

complaint shall occupy a position in the agency which is not, directly 

or indirectly, under the jurisdiction of the head of that part of the 

agency in which the complaint arose. The investigation shall include a 

thorough review of the circumstances under which the alleged 

discrimination occurred, and any other circumstances which may 

constitute, or appear to constitute discrimination against the 

complainant. The investigator shall compile an investigative file, which 

includes a summary of the investigation, recommended findings of fact 

and a recommended resolution of the complaint. The investigator shall 

forward the investigative file to the EO Director and shall provide the 

complainant with a copy.

    (3) The EO Director shall review the complaint file including any 

additional statements provided by the complainant, make findings of 

fact, and shall offer an adjustment of the complaint if the facts 

support the complaint. If the proposed adjustment is agreeable to all 

parties, the terms of the adjustment shall be reduced to writing, signed 

by both parties, and made part of the complaint file. A copy of the 

terms of the adjustment shall be provided the complainant. If the 

proposed adjustment of the complaint is not acceptable to the 

complainant, or the EO Director determines that such an offer is 

inappropriate, the EO Director shall forward the complaint file with a 

written notification of the findings of facts, and his or her 

recommendation of the proposed disposition of the complaint to the 

appropriate Director. The aggrieved party shall receive a copy of the 

notification and recommendation and shall be advised of the right to 

appeal the recommended disposition to the appropriate Director. Within 

ten (10) calendar days of receipt of such notice, the complainant may 

submit his or her appeal of the recommended disposition to the 

appropriate Director.



[[Page 60]]



    (b) Appeal to Director. If no timely notice of appeal is received 

from the aggrieved party, the appropriate Director or designee may adopt 

the proposed disposition as the Final Agency Decision. If the aggrieved 

party appeals, the appropriate Director or designee, after review of the 

total complaint file, shall issue a decision to the aggrieved party. The 

decision of the appropriate Director shall be in writing, state the 

reasons underlying the decision, shall be the Final Agency Decision, 

shall inform the aggrieved party of the right to file a civil action as 

described in Sec. 1225.21 of this part, and, if appropriate, designate 

the procedure to be followed for the award of attorney fees or costs.