[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR100.7]



[Page 343]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 100_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF THE CIVIL 

RIGHTS ACT OF 1964--Table of Contents

 

Sec.  100.7  Conduct of investigations.



    (a) Periodic compliance reviews. The responsible Department official 

or his designee 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 Department official or his designee a written complaint. A 

complaint must be filed not later than 180 days from the date of the 

alleged discrimination, unless the time for filing is extended by the 

responsible Department official or his designee.

    (c) Investigations. The responsible Department official or his 

designee 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 

part, the responsible Department official or his designee 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.  100.8.

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

paragraph (1) of this paragraph (d) the responsible Department official 

or his designee 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.



(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 

U.S.C. 2000d, 2000d-1)