[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR611.7]



[Page 115]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 611_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE NATIONAL 

SCIENCE FOUNDATION_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 

1964--Table of Contents

 

Sec. 611.7  Conduct of investigations.



    (a) Periodic compliance reviews. The responsible Foundation official 

shall from time to time review the practices of recipients to determine 

whether they are complying with this part.

    (b) Complaints. Any person who believes himself or any specific 

class of individuals to be subjected to discrimination prohibited by 

this part may by himself or by a representative file with the 

responsible Foundation official a written complaint. A complaint must be 

filed not later than 90 days from the date of the alleged 

discrimination, unless the time for filing is extended by the 

responsible Foundation official.

    (c) Investigations. The responsible Foundation official will make a 

prompt investigation whenever a compliance review, report, complaint, or 

any other information indicates a possible failure to comply with this 

part. The investigation should include, where appropriate, a review of 

the pertinent practices and policies of the recipient, the circumstances 

under which the possible noncompliance with this part occurred, and 

other factors relevant to a determination as to whether the recipient 

has failed to comply with this part.

    (d) Resolution of matters. (1) If an investigation pursuant to 

paragraph (c) of this section indicates a failure to comply with this 

regulation, the responsible Foundation official will so inform the 

recipient and the matter will be resolved by informal means whenever 

possible. If it has been determined that the matter cannot be resolved 

by informal means, action will be taken as provided for in Sec. 611.8.

    (2) If an investigation does not warrant action pursuant to 

paragraph (d)(1) of this section the responsible Foundation official 

will so inform the recipient and the complainant, if any, in writing.

    (e) Intimidatory or retaliatory acts prohibited. No recipient or 

other person shall intimidate, threaten, coerce, or discriminate against 

any individual for the purpose of interfering with any right or 

privilege secured by section 601 of the Act or this part, or because he 

has made a complaint, testified, assisted, or participated in any manner 

in an investigation, proceeding, or hearing under this part. The 

identity of complainants shall be kept confidential except to the extent 

necessary to carry out the purposes of this part, including the conduct 

of any investigation, hearing, or judicial proceeding arising 

thereunder.