Ch. 4-A: Procedural Rule: Equal Educational Opportunity (a joint chapter with 94-348)

I. The Commission must conclude its investigation within 2 years after the notarized complaint is filed with the Commission. An investigation is concluded for purposes of this requirement upon issuance of a letter of dismissal or upon listing of the complaint on a published commission meeting agenda, whichever first occurs.

4-A.07-A COMMISSION MEETING

The Commission may allow the parties and the Commissioner of Education to make an oral presentation on information related to the complaint of discrimination at a monthly Commission meeting. Information presented must comply with 4-A.07(G). The Commission may impose time limits.

4-A.08 COMMISSION DECISION UNDER NON-EMERGENCY PROCEDURE

After considering the Investigator's Report, written submissions, if any, and other related information, the Commission will make a determination whether reasonable grounds exist to believe that unlawful educational discrimination has occurred. The Commission shall issue a Statement of Finding in support of its determination.

A. No Reasonable Grounds

If the Commission finds no reasonable grounds to believe that unlawful educational discrimination has occurred, it will enter an order dismissing the complaint. The Commission shall promptly notify the parties and provide each with a copy of its Statement of Finding.

B. Reasonable Grounds

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, it will so notify the parties of its determination and provide each with a copy of its Statement of Finding. The Commission’s Compliance Manager or her/his designee will then endeavor to resolve the matter by informal means such as conference, conciliation, or persuasion

easonable Grounds

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, it will so notify the parties of its determination and provide each with a copy of its Statement of Finding. The Commission’s Compliance Manager or her/his designee will then endeavor to resolve the matter by informal means such as conference, conciliation, or persuasion. If the matter is resolved to the mutual satisfaction of the complainant and respondent and to the satisfaction of the Commission, as evidenced in a signed written agreement between the parties, approved by a majority of the Commission, the proceeding will be dismissed upon ascertainment by the Commission’s Executive Director or her/his designee that the terms of the signed agreement have been met.

C. Request for Attorney General's Opinion

If the Commission determines that it is unable to make a determination whether reasonable grounds exist to believe that unlawful educational discrimination has occurred because of legal questions it may request an Attorney General's opinion and postpone the issue and a statement of finding until receipt of an opinion. The Commissioner of Education shall be notified of any request for an opinion of the Attorney General.

D. New Investigation

If, subsequent to a finding, the Commission determines that there have been relevant factual errors or omissions of fact, that, if they are true, would likely change the finding of the Commission, it may order a new investigation of the matter. The Commission will promptly notify the parties of its decision to investigate the matter again.

4-A.09 COMMISSION DECISION UNDER EMERGENCY PROCEDURE

If the preliminary investigation of the complaint persuades the Commission's Executive Director, or other designated representative, that a situation comparable to those described in 5°M.R.S.A. §4612(4)(B) exists, the Executive Director, or representative, shall so notify the Commission

e parties of its decision to investigate the matter again.

4-A.09 COMMISSION DECISION UNDER EMERGENCY PROCEDURE

If the preliminary investigation of the complaint persuades the Commission's Executive Director, or other designated representative, that a situation comparable to those described in 5°M.R.S.A. §4612(4)(B) exists, the Executive Director, or representative, shall so notify the Commission. As soon as practical after notification, the Commission will consider the matter by means of a special meeting or other appropriate method. The Executive Director or other designated employee will take all reasonable steps to notify the parties of the special meeting or other appropriate method and of their right to participate.

A. No Reasonable Grounds

If the Commission finds no reasonable grounds to believe that unlawful educational discrimination has occurred, it will issue an order dismissing the complaint. The Commission shall promptly notify the parties of the dismissal and provide each with a copy of its Statement of Finding.

B. Reasonable Grounds

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, but does not believe that irreparable injury or great inconvenience will be caused to the victim or victims of such discrimination if relief is not immediately granted, it will notify the parties of its determination, provide each with a copy of its Statement of Finding, and process the complaint under its non-emergency procedures.

C. Immediate Relief

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred and further believes that irreparable injury or great inconvenience will be caused the victim or victims of such discrimination, it may request the Commission Counsel or her/his designee to file a civil action in the Superior Court seeking appropriate relief. As soon thereafter as practicable, the Commission shall issue a statement of Finding in support of its determination

rimination has occurred and further believes that irreparable injury or great inconvenience will be caused the victim or victims of such discrimination, it may request the Commission Counsel or her/his designee to file a civil action in the Superior Court seeking appropriate relief. As soon thereafter as practicable, the Commission shall issue a statement of Finding in support of its determination.

4-A.10 POST-DETERMINATION CONCILIATION

A. Conference, Conciliation and Persuasion

In conciliating a matter in which a determination of reasonable grounds has been made pursuant to the non-emergency procedures of section 4-A.087(B) of this rule, the Commission shall attempt to achieve a just resolution and to obtain assurances that the respondent will eliminate the unlawful educational discrimination. Disposition of a matter pursuant to this section shall be in the form of a written agreement and approved by a majority of the Commission, and notice thereof shall be sent to the parties. Upon ascertainment by the Commission's Executive Director or her/his designee that the terms of the signed agreement have been met, the proceeding shall be dismissed.

B. Participation of Commissioner of Education

The Commission shall inform the Commissioner of Education when it concludes that there exist reasonable grounds to believe that unlawful educational discrimination has occurred in any public school or program or private school or program approved for tuition purposes. The Commissioner may participate in informal conciliation efforts of the Commission. Upon request, the Commissioner shall have access to all information concerning conciliation efforts.

The Commissioner of Education shall be notified, in her/his capacity as the chief administrative officer of the educational institution, of any allegations of unlawful educational discrimination in the for the Deaf, the schools of the unorganized territory, and the State vocational-technical institutes.

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t, the Commissioner shall have access to all information concerning conciliation efforts.

The Commissioner of Education shall be notified, in her/his capacity as the chief administrative officer of the educational institution, of any allegations of unlawful educational discrimination in the for the Deaf, the schools of the unorganized territory, and the State vocational-technical institutes.

C. Refusal of Respondent to Cooperate

If a respondent fails or refuses to confer with the Commission's representative, or fails or refuses to make a good faith effort to resolve any dispute, the Commission may terminate efforts to conciliate the dispute. In such event, the respondent shall be notified promptly, in writing, that conciliation efforts have been terminated.

D. Refusal of Complainant to Agree

If a complainant fails or refuses to agree to the terms of a conciliation agreement or settlement that the Commission believes represents a just resolution of the complaint, the Commission may execute a conciliation agreement with the respondent limited to assurances that the respondent will eliminate such unlawful discrimination and take any appropriate corrective action. The proceeding shall be dismissed upon ascertainment by the Commission's Executive Director or her/his designee that the terms of the signed agreement have been met. Where the complainant is not a party to such a conciliation agreement, the execution of the agreement by the Commission and the respondent shall not limit the complainant's right to pursue other individual remedies.

E. Confidentiality of Conciliation Efforts

Everything said or done as part of the Commission's informal endeavors to eliminate unlawful educational discrimination by conference, conciliation or persuasion is confidential and may not be disclosed without the written consent of the parties or used as evidence in a subsequent civil or criminal proceeding, except in a civil action alleging a breach of agreement filed by the Commission or a party

erything said or done as part of the Commission's informal endeavors to eliminate unlawful educational discrimination by conference, conciliation or persuasion is confidential and may not be disclosed without the written consent of the parties or used as evidence in a subsequent civil or criminal proceeding, except in a civil action alleging a breach of agreement filed by the Commission or a party. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate conciliation.

F. Confidentiality of Third Party Names

Any Commission records that are public records pursuant to the Freedom of Access Act shall be kept in such a manner that they do not reveal the identity of any person who is not a party to a complaint as complainant or a person accused of unlawful educational discrimination.

4-A.11 PROCEDURE AFTER FAILURE OF CONCILIATION

A. Failed Conciliation

If the Commission’s Compliance Manager or her/his designee determines that conciliation efforts have failed, she/he shall so notify the complainant and respondent.

B. Legal Action

When post-determination conciliation efforts have failed, the Commission Counsel or her/his designee is authorized to file a civil action in the Superior Court seeking appropriate relief, including, but not limited to, temporary restraining orders and preliminary injunctions.

C. Referral to Complainant

When the Commission Counsel or her/his designee is unable to file expeditiously such a civil action, the Commission shall so notify the complainant of her/his right to file a civil action pursuant to 5 M.R.S.A. §4621, and make available a referral list of attorneys who have indicated an interest in undertaking such litigation. The Commission shall furnish any attorney who is retained by the complainant, upon request, with access to the investigatory case file and will provide such assistance as is reasonably possible under the existing circumstances

his right to file a civil action pursuant to 5 M.R.S.A. §4621, and make available a referral list of attorneys who have indicated an interest in undertaking such litigation. The Commission shall furnish any attorney who is retained by the complainant, upon request, with access to the investigatory case file and will provide such assistance as is reasonably possible under the existing circumstances. Referral under this subsection does not terminate the Commission's jurisdiction of the proceeding.

4-A.12 TIME LIMITS

A. Deadlines

When these regulations established any time limit for the filing, submission, or production of any document, record, file or other possible source of evidence,; or for the filing of any request with the Commission, such item must be received in the office of the Commission before the close of business on the last day of the time limit.

B. Computation of Time

In computing any period of time prescribed or allowed by this rule, the day of the act, event, or default from or after which the designated period of time begins to run shall not he included. The last day of the period shall be included, unless it is a Saturday, Sunday, or legal state or federal holiday, in which event the period shall run until the end of the next day that is not a Saturday, Sunday, or legal state or federal holiday.

C. Extension of Time

The Commission’s Executive Director or her/his designee, or the Commission, may extend any time limit established in this chapter for good cause shown, and shall notify the parties of any such extension.

4-A.13 ADVISORY RULINGS

A. Upon written request of any interested person, the Commission’s Compliance Manager or her/his designee may make an advisory ruling with respect to the applicability of the Maine Human Rights Act or the rules promulgated by the Commission to that person or an actual state of facts.

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this chapter for good cause shown, and shall notify the parties of any such extension.

4-A.13 ADVISORY RULINGS

A. Upon written request of any interested person, the Commission’s Compliance Manager or her/his designee may make an advisory ruling with respect to the applicability of the Maine Human Rights Act or the rules promulgated by the Commission to that person or an actual state of facts.

B. Advisory rulings made pursuant to this section shall not be binding upon the Commission, provided that, in any subsequent civil action initiated by the Commission, any person’s justifiable reliance upon the ruling shall be considered in mitigation of any civil penal damages or punitive damages sought by the Commission.