[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1225.3]



[Page 57]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1225_VOLUNTEER DISCRIMINATION COMPLAINT PROCEDURE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  1225.3  Definitions.



    Unless the context requires otherwise, in this Part:

    (a) Director means the Director of Peace Corps for all Peace Corps 

applicant, trainee, or Volunteer complaints processed under this part, 

or the Director of ACTION for all domestic applicant, trainee, or 

Volunteer complaints processed under this part. The term shall also 

refer to any designee of the respective Director.

    (b) EO Director means the Director of the Equal Opportunity Division 

of the Office of Compliance, ACTION. The term shall also refer to any 

designee of the EO Director.

    (c) Illegal discrimination means discrimination on the basis of 

race, color, national origin, religion, age, sex, handicap or political 

affiliation as defined in section 5(a) of the Peace Corps Act (22 U.S.C. 

2504); section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000-16); 

Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791, et seq.); and 

the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.). Further 

clarification of the scope of matters covered by this definition may be 

obtained by referring to the following regulations: Sex Discrimination: 

29 CFR part 1604; Religious Discrimination: 29 CFR part 1605; National 

Origin Discrimination: 29 CFR part 1606; Age Discrimination: 45 CFR part 

90; Handicap Discrimination: 29 CFR 1613.701 through 1613.707.

    (d) Applicant means a person who has submitted to the appropriate 

agency personnel a completed application required for consideration of 

eligibility for Peace Corps or ACTION volunteer service. ``Applicant'' 

may also mean a person who alleges that the actions of agency personnel 

precluded him or her from submitting such an application or any other 

information reasonably required by the appropriate personnel as 

necessary for a determination of the individual's eligibility for 

volunteer service.

    (e) Trainee means a person who has accepted an invitation issued by 

Peace Corps or ACTION and has registered for Peace Corps or ACTION 

training.

    (f) Volunteer means a person who has completed successfully all 

necessary training; met all clearance standards; has taken, if required, 

the oath prescribed in either section 5(j) of the Peace Corps Act (22 

U.S.C. 2504), or section 104(c) of the Volunteer Service Act of 1973, as 

amended (42 U.S.C. 104(c)) and has been enrolled as a full-time 

Volunteer by the appropriate agency.

    (g) Complaint means a written statement signed by the complainant 

and submitted to the EO Director. A complaint shall set forth 

specifically and in detail:

    (1) A description of the Peace Corps or ACTION management policy or 

practice, if any, giving rise to the complaint;

    (2) A detailed description including names and dates, if possible, 

of the actions of the Peace Corps or ACTION officials which resulted in 

the alleged illegal discrimination;

    (3) The manner in which the Peace Corps or ACTION action directly 

affected the complainant; and

    (4) The relief sought.



A complaint shall be deemed filed on the date it is received by the 

appropriate agency official. When a complaint does not conform with the 

above definition, it shall nevertheless be accepted. The complainant 

shall be notified of the steps necessary to correct the deficiencies of 

the complaint. The complainant shall have 30 days from his or her 

receipt of notification of the complaint defects to resubmit an amended 

complaint.

    (h) Counselor means an official designated by the EO Director to 

perform the functions of conciliation as detailed in this part.

    (i) Agent means a class member who acts for the class during the 

processing of a class complaint. In order to be accepted as the agent 

for a class complaint, in addition to those requirements of a complaint 

found in Sec.  1225.3(g) of this part, the complaint must meet the 

requirements for a class complaint as found in subpart C of these 

regulations.