W. Va. Code R. § 126-85-108
Current through Register Vol. XLI, No. 49, December 6, 2024
Section 126-85-108 - Procedure for Filing complaints108.1. Right to File a Complaint - Any person alleging discrimination based on race, color, national origin, gender, age or disability has a right to file a complaint within 180 days of the alleged discriminatory action. Under special circumstances this time limit may be extended by the Office of Minority Affairs. 108.2. Acceptance - All complaints, written or verbal, shall be accepted by the designated person at the school and the SFA and then forwarded to the WVDE. It is necessary that the information be sufficient to determine the identity of the agency or individual toward which the complaint is directed, and to indicate the possibility of a violation. Anonymous complaints shall be handled as any other complaint. 108.3. Verbal Complaints - In the event that a complainant makes the allegation verbally or through a telephone conversation and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made shall write up the elements of the complaint for the complainant Every effort should be made to have the complainant provide the following information: 108.3.1. Name, address and telephone number or other means of contacting the complainant. 108.3.2. The specific location and name of the entity delivering the program service or benefit. 108.3.3. The nature of the incident(s) or action(s) that led the complainant to feel discrimination was a factor. 108.3.4. The basis on which the complainant believes discrimination exists (race, color, national origin, gender, age or disability). 108.3.5. The names, titles and addresses of persons who may have knowledge of the discriminatory action(s). 108.3.6. The date(s) during which the alleged discriminatory action occurred, or if continuing, the duration of such actions. W. Va. Code R. § 126-85-108