[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: 34CFR110.31]



[Page 435]

 

                           TITLE 34--EDUCATION

 

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

 

PART 110_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

    Subpart D_Investigation, Conciliation, and Enforcement Procedures

 

Sec.  110.31  Complaints.



    (a) Any person, individually or as a member of a class or on behalf 

of others, may file a complaint with ED alleging discrimination 

prohibited by the Act or by these regulations based on an action 

occurring on or after July 1, 1979. A complainant shall file a complaint 

within 180 days from the date the complainant first had knowledge of the 

alleged discrimination. However, for good cause shown, ED may extend 

this time limit.

    (b) ED attempts to facilitate the filing of complaints, if possible, 

by--

    (1) Accepting as a complete complaint any written statement that 

identifies the parties involved and the date the complainant first had 

knowledge of the alleged violation, describes generally the action or 

practice complained of, and is signed by the complainant;

    (2) Freely permitting a complainant to add information to the 

complaint to meet the requirements of a complete complaint;

    (3) Widely disseminating information regarding the obligations of 

recipients under the Act and these regulations;

    (4) Notifying the complainant and the recipient of their rights and 

obligations under the complaint procedure, including the right to have a 

representative at all stages of the complaint procedure; and

    (5) Notifying the complainant and the recipient (or their 

representatives) of their right to contact ED for information and 

assistance regarding the complaint resolution process.

    (c) A complaint is considered to be complete on the date that ED 

receives all the information necessary to process it, as described in 

paragraph (b)(1) of this section.

    (d) ED returns to the complainant any complaint outside the 

jurisdiction of these regulations and states the reason or reasons why 

it is outside the jurisdiction of the regulations.



(Authority: 42 U.S.C. 6103)