[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: 34CFR110.32]



[Page 435-436]

 

                           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.  110.32  Mediation.



    (a) ED promptly refers to the Federal Mediation and Conciliation 

Service or to the mediation agency designated by the Secretary of Health 

and Human Services, all complaints that--

    (1) Fall within the jurisdiction of the Act and these regulations, 

unless the age distinction complained of is clearly within an exemption 

under Sec.  110.2(b); and

    (2) Contain all information necessary for further processing.

    (b) Both the complainant and the recipient shall participate in the 

mediation process to the extent necessary to reach an agreement or to 

make an informed judgment that an agreement is not possible. The 

recipient and the complainant need not meet with the mediator at the 

same time, and the meeting may be conducted by telephone or other means 

of effective dialogue if a personal meeting between the party and the 

mediator is impractical.



[[Page 436]]



    (c) If the complainant and the recipient reach an agreement, the 

mediator shall prepare a written statement of the agreement and have the 

complainant and recipient sign it. The mediator shall send a copy of the 

agreement to ED. ED takes no further action on the complaint unless 

informed that the complainant or the recipient fails to comply with the 

agreement, at which time ED reinstates the complaint.

    (d) The mediator shall protect the confidentiality of all 

information obtained in the course of the mediation process. No mediator 

shall testify in any adjudicative proceeding, produce any document, or 

otherwise disclose any information obtained in the course of the 

mediation process without prior approval of the head of the mediation 

agency.

    (e) The mediation will proceed for a maximum of 60 days after a 

complaint is filed with ED. Mediation ends if--

    (1) 60 days elapse from the time the complaint is received;

    (2) Prior to the end of the 60-day period, an agreement is reached; 

or

    (3) Prior to the end of the 60-day period, the mediator determines 

that agreement cannot be reached.

    (f) The mediator shall return unresolved complaints to ED.



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