05- 071 C.M.R. ch. 4, § A-03

Current through 2024-44, October 30, 2024

Section 071-4-A-03 - COMPLAINTS

A. Who May File

(1) Any person who believes that he/she has been subjected to unlawful educational discrimination may file a complaint with the Maine Human Rights Commission (the Commission).

Where the complainant is a minor or legally incompetent person, the complaint shall be filed by her/his parent or legal guardian or, if none, by the adult with whom the complainant resides and who exercises parental responsibilities.

(2) Any employee of the Commission may file a complaint with the Commission alleging an act or practice of unlawful educational discrimination.

B. Contents

A complaint should briefly set forth the facts and circumstances surrounding the alleged discrimination.

C. When to File

A complaint of discrimination must be filed with the Commission not more than 300 days after the act of alleged discrimination occurred.

D. Where to file

Complaints may be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051.

E. How to file

Complaints may be filed in person or by mail by filling out a form provided by the Commission and shall be under oath.

Upon request, Commission staff will assist in the preparation of the necessary complaint forms. Aggrieved persons may provide information by mail, telephone, or email. Commission staff may request that intake forms be prepared and submitted. If the information received alleges a violation of the Act, Commission staff will reduce the information to writing on the appropriate complaint form and send it to the aggrieved person to be notarized and filed with the Commission.

F. Amendment of complaints

Complaints may be amended to cure technical defects or omissions, including failure to swear to the complaint under oath before a Notary Public, or to clarify and amplify allegations made therein. Such amendments and amendments alleging additional acts that constitute unlawful practices related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

G. withdrawal of Complaints

(1) A complaint may be withdrawn at any time, by written request, prior to the issuance of a statement of finding by the Commission, by the person who originally filed it, provided, however, that where the investigation and processing of a complaint have been completed prior to the receipt of a written request for withdrawal, withdrawal is subject to Commission approval. Upon notification of approval of withdrawal, the Commission staff shall cease its investigation.

(2) Withdrawal of an individual complaint, however, will not necessarily preclude the investigation and processing of any complaint filed by an employee or member of the Commission that alleges the same acts of discrimination.

H. Administrative Dismissal

The Commission's Executive Director may, in her/his discretion, administratively dismiss complaints of unlawful educational discrimination for such reasons as:

(1) lack of jurisdiction;

(2) failure to substantiate the complaint of discrimination;

(3) failure to file a complaint of discrimination within 300 days of the date of alleged discrimination;

(4) failure by complainant to proceed or cooperate with the investigation; or

(5) failure by complainant to accept reasonable offers to resolve the allegations in the complaint.

Immediately following administrative dismissal, the Commission shall notify the complainant and the respondent of its action, and shall inform the complainant of her/his rights to proceed pursuant to 5 M.R.S.A. §4621 and of the right to file a separate complaint with the Commissioner of Education pursuant to 20-A M.R.S.A. §258-A and the rules and policies of the Department of Education governing the investigation and resolution of complaints of discrimination on the basis of sex.

05- 071 C.M.R. ch. 4, § A-03