**May 3, 1988 M27-1, Part III**

**Change 18**

**CONTENTS**

**SECTION III. EQUAL OPPORTUNITY**

**CHAPTER 14. EQUAL OPPORTUNITY REVIEWS**

**PARAGRAPH PAGE**

14.01 General 14-1

14.02 Compliance Review Schedule 14-1

14.03 Preaward Reviews 14-2

14.04 Preparation for the Onsite Review 14-3

14.05 Entrance Interview 14-4

14.06 Specific Requirements for Conducting Equal Opportunity Onsite
Renews 14-5

14.07 Instructor and Participant Interviews 14-13

14.08 Procedures During Onsite Reviews 14-15

14.09 Tour of the Facility 14-16

14.10 Exit Interview 14-16

14.11 Followup Reviews 14-17

**14-i**

**May 3, 1988 M27-1, Part III**

**Change 18**

**SECTION III. EQUAL OPPORTUNITY**

**CHAPTER 14. EQUAL OPPORTUNITY REVIEWS**

**14.01 GENERAL**

a\. Each field station will conduct compliance reviews of programs
administered by educational institutions for which the VSD (Veterans
Services Division) has equal opportunity compliance responsibility. The
compliance reviews will include a preaward review and, where
appropriate, an onsite review. The Education Services Unit personnel
should be assigned to conduct equal opportunity reviews and complaint
investigations.

b\. Compliance personnel will conduct reviews of programs at the
following kinds of facilities: proprietary NCD (noncollege-degree)
institutions, i.e., private educational institutions offering courses
which do not lead to a standard college degree and public schools not
operated by the State Education Department/Agency, e.g., police and fire
fighter academies.

c\. Compliance personnel will not conduct reviews of programs
administered by:

\(1\) Institutions of higher learning;

\(2\) Elementary, secondary and vocational schools that are part of a
public school system or of an American Indian tribe; and

\(3\) Hospitals and other health care facilities.

**14.02 COMPLIANCE REVIEW SCHEDULE**

a\. Annually, each field station will establish an equal opportunity
compliance review schedule. The schedule will include a plan for onsite
reviews at a 10 percent sample of a total of the following categories:

\(1\) Proprietary NCD\'s listed on the PEPI (Program Eligibility of
Postsecondary Institutions) list and in the April issue of the RCS
200260, Active Institutions Under Chapters 34/35, Title 38 U.S.C.
(formerly RCS 212-2); and

\(2\) Proprietary NCD\'s approved for training veterans or eligible
dependents under 38 U.S.C. 1515(a), 1736, and 1743, but not approved
under chapter 36 if they have more than one VA beneficiary enrolled and
are not on the PEPI list. A list of these institutions will be obtained
from the Vocational Rehabilitation and Counseling Division.

b\. Onsite reviews of facilities will be scheduled so that no repeat
visit will be made until all facilities requiring review have been
visited, unless there is an indication of noncompliance identified
during a liaison visit, education compliance survey, or in allegations
of discrimination reported by any other source. In instances where there
are less than four facilities in a category, e.g., PEPI list schools, no
facility should be reviewed more than once every 4 years.

c\. Equal opportunity compliance reviews and education compliance
surveys should be conducted jointly, when possible. If conditions
indicate the need for an earlier equal opportunity compliance review
than the education compliance survey schedule allows, an equal
opportunity compliance review will be conducted independently of the
education compliance survey.

**M27-1, Part III May 3, 1988**

**Change 18**

d\. When equal opportunity compliance reviews are conducted
independently of education compliance surveys, the reviewing official
will notify the PFO (principal facility official) of the date and time
of the scheduled visit. When an equal opportunity review is conducted
jointly with an education compliance survey, the PFO will not be given
prior notice of the scheduled review and survey.

e\. Community contacts are not routinely required in the equal
opportunity review process. However, they may be a valuable source of
information when a question of compliance arises as a result of a
preaward review or during preparation for an onsite review or complaint
investigation. Whenever additional information is needed, community
contacts should be utilized. Contact may be made with private
organizations having national affiliations such as the National Urban
league, National Association

for the Advancement of Colored People, American GI Forum, or
non-nationally affiliated civil rights organizations, civic
associations, church groups, and neighborhood groups in the area where
the facility is located.

**14.03 PREAWARD REVIEWS**

a\. Prior to authorizing payments of VA educational benefits to veterans
or other eligible beneficiaries, the ELR (Education Liaison
Representative) will make a written determination as to whether an
applicant for Federal financial assistance is in compliance with equal
opportunity requirements.

b\. When the program reviewed is a noncollege-degree program, the
determination of compliance will be based on the applicant\'s submission
of a VA Form 27/206, Statement of Assurance of Compliance With Equal
Opportunity Laws.

c\. When the compliance status of a proprietary school is questionable
additional information will be requested from the facility. Federal and
local government officials, civil rights organizations, and community
leaders may also be contacted, and an onsite review may be conducted in
order to obtain the necessary data for the determination. The
determination will be recorded in items 5740 of VA Form 27-8734, Equal
Opportunity Compliance Review Report.

d\. An applicant who is not in compliance with equal opportunity
requirements may be approved if the applicant has agreed in writing to
take the necessary steps within a stated period of time to comply with
these requirements. Such an agreement must be approved by the
responsible agency official, or a designee, and made a part of the
conditions of the approval.

e\. If the applicant fails or refuses to enter into a compliance
agreement, the station Director shall notify the facility, the SAA
(State approving agency), and VA Central Office VAS (Veterans Assistance
Service) (27) in writing of:

\(1\) The preliminary findings of noncompliance;

\(2\) The actions necessary to comply; and

\(3\) The fact that the applicant has 10 days to comply and that, during
this time, the applicant may submit documents responding to, rebutting,
or denying the allegations raised in the notice to the applicant.

f\. If within the l0-day period the applicant has not complied, the
preliminary findings have not been shown to be false, or voluntary
compliance has not been obtained, the station Director shall notify VA
Central Office VAS (27).

**May 3, 1988 M27-1, Part III**

**Change 18**

**14.04 PREPARATION FOR THE ONSITE REVIEW**

a\. Prior to conducting an equal opportunity onsite review, the
compliance officer should examine all documents on file that pertain to
the compliance status of the facility. The review should include:

\(1\) Verification that a signed copy of VA Form 27-8206 is on file. The
date and the name and title of the official who signed the statement
should be noted. If there has been a change in the PFO, the new PFO
should be apprised of the form and reminded that it is binding on the
successors, transferees, and assignees of the original signatory;

\(2\) Audit of VA Form 27/274, Compliance Report of Proprietary
Institutions. For proprietary educational institutions, examine VA Form
27A274 for areas of noncompliance;

\(3\) Review of any complaints of discrimination filed against the
facility or any information regarding participation or treatment of
protected group members;

\(4\) Review of reports of prior compliance visits and complaint
investigations, if any. Note carefully any previous record of
noncompliance along with the facility\'s assurance of future compliance;

\(5\) Review of information on the facility\'s legal or institutional
status, size, enrollment, number of veterans participating, nature of
services offered, and type of Federal financial assistance received;
and,

\(6\) If on file, a review of the facility\'s self-evaluation of its
programs or activities to determine if there are any questions about the
facility\'s compliance with section 504 of the Rehabilitation Act of
1973 or if the facility has established any age distinctions in
violation of the Age Discrimination Act of 1975.

b\. The compliance officer should obtain as much preliminary information
as possible about the areas from which the facility draws the majority
of its participants. The following information should be gathered:
ethnic group populations, employment and housing statistics, and other
significant data on community patterns and trends that may be relevant
to the review.

a\. Upon arrival at the facility, the compliance officer should contact
the PFO. The meeting should include a discussion of the purpose of the
review and the manner in which the compliance officer wishes to proceed.

b\. If there is no record of a completed VA Form 27/206 for a
proprietary school, the compliance officer will obtain a signed copy of
the form. For newly approved facilities, a VA Form 27-4274 will be
completed. For formerly approved facilities, VA Form 27-4274 will be
updated during the review and made a part of the onsite review report.

c\. If an earlier review indicated that commitments were made by the
facility for affirmative action or corrective actions in program
operations, these commitments should be verified.

d\. The PFO will be advised that the facility should operate its
programs or activities so that, when viewed in their entirety, they are
readily accessible to handicapped persons.

e\. The compliance officer should arrange a tour of the facility after
interviews with administrative officials, instructors, and protected
group participants have been completed.

**M27-1, Part III May 3, 1988**

**Change 18**

**14.05 ENTRANCE INTERVIEW**

f\. If the administrative official initially contacted is other than the
president, owner, or other PFO, the compliance officer should request
that the principal official be informed of the visit. The PFO should
also be informed of the compliance officer\'s availability to meet with
the PFO at any time during the visit.

g\. Facility records are an important source of information for the
review. When facility officials indicate that records are not available,
the compliance officer will inform the PFO of the records which must be
maintained and which will be required at the onsite review. If the
compliance officer concludes that the review cannot be completed in the
absence of records which should be made available, facility officials
will be requested to maintain the records or prepare the information for
a later review. The facility will then be scheduled for a followup
review.

h\. Should there be any objection or refusal to permit access to
information or records relevant to the review, details of the objection
and/or refusal will be reported to VA Central Office VAS (27).

**14.06 SPECIFIC REQUIREMENTS FOR CONDUCTING EQUAL OPPORTUNITY**

**ONSITE REVIEWS**

a\. **Admissions Policies** (38 CFR 18.3, 18c.22, and 18.442)

\(1\) **Requirements**

\(a\) The educational institution may not, on the ground of race, color,
national origin, sex, age, or handicap, treat an individual differently
from others in determining whether he/she satisfies admissions
requirements.

\(b\) The institution may not, on the ground of race, color, national
origin, sex, age, or handicap, limit the number of participants admitted
to its programs or activities.

\(2\) **Audit Procedures**

\(a\) Examine statistical data maintained on the race, color, national
origin, sex, age, and handicap of participants. If there appears to be a
disparity in representation, determine ratios between applicants,
participants, and graduates by race, color, national origin, sex, age,
and handicap.

\(b\) Examine application forms to verify that the facility does not
make prohibited preadmission inquiries as to whether an applicant is a
handicapped person. After admission, the facility may inquire about a
participant\'s handicaps if the handicaps require facility officials to
make accommodations to the participant\'s mental or physical
limitations.

\(c\) Verify that the facility does not administer or operate any test
or other criterion for participation which has a disproportionately
adverse effect on applicants on the basis of race, color, national
origin, sex, age, or handicap unless:

[1.]{.underline} The test or criterion has been validated as a predictor
of success in the education program in question. Where a test involves
an opportunity for employment, the test should be validated in
accordance with the Uniform Guidelines on Employee Selection Procedures;
and

[2.]{.underline} Alternative tests or criteria which do not have such a
disproportionately adverse effect are shown to be unavailable.

\(d\) Ascertain that:

**May 3, 1988 M27-1, Part III**

**Change 18**

[1]{.underline}. Admissions tests are selected and administered to best
ensure that, when a test is administered to an applicant who has a
handicap that impairs sensory, manual, or speaking skills, the test
results accurately reflect the applicant\'s aptitude or ability rather
than reflect the applicant\'s impaired sensory, manual, or speaking
skills (except where the skills are the factors that the test purports
to measure);

[2]{.underline}. Admissions tests that are designed for persons with
impaired sensory, manual, or speaking skills are offered as often and in
as timely a manner as are other admissions tests; and

[3.]{.underline} Admissions tests are administered in facilities that,
on the whole, are accessible to handicapped persons.

\(e\) Verify that the facility does not impose recommendations from
alumni, former trainees, or employees as an admission requirement. This
practice tends to eliminate or reduce mixed participation if the
facility\'s enrollment has previously been limited to individuals of one
sex or ethnic group. In most of its applications, this requirement
violates the provisions and intent of equal opportunity legislation.

b\. **Preenrollment Identification**

\(1\) **Requirement.** The facility\'s admissions forms may not require
identification of the applicant\'s race, color, handicap, sex, age, or
national origin. The facility may not require submission of a picture of
the applicant and may not inquire as to the applicant\'s race, color,
handicap, sex, age, or national origin prior to admission except when
the facility can demonstrate an operational necessity to request
identification, e.g., in affirmative action recruitment programs or
under circumstances in which the VA or another Government agency
requires the facility to obtain identification under authority of
Federal regulations. When identification is required, the facility must
accompany a request with a written explanation stating the reasons for
the request.

\(2\) **Audit Procedures**

\(a\) Inspect the facility\'s application forms to verify that the
facility does not require preadmission identification.

\(b\) If the facility requires a preadmission interview, verify that the
interviewing officer\'s notes do not identify the applicant\'s race,
color, national origin, sex, age, or handicap.

\(c\) Should the facility state that the request for an applicant\'s
photograph is a State requirement, obtain a citation for the appropriate
State provision and verify the requirement. If no copy of the statute is
available, annotate the VA Form 27-8734 in Item 18 for future
verification with the issuing State authority.

c\. **Recruitment** (38 CFR 18.3, 18c.21, and 18.442)

\(1\) **Requirement.** The facility may not discriminate on the basis of
race, color, national origin, sex, age, or handicap in the recruitment
of participants.

\(2\) **Audit Procedures**

\(a\) Recruitment techniques employed by the facility should be
discussed with facility officials to determine if they effectively
attract protected group members. Verify that the media used to advertise
the recipient\'s program are normally utilized and accepted by
minorities, women, and handicapped individuals.

\(b\) Examine catalogs, brochures, advertisements and other publicity
materials used by the facility to ensure that information contained
therein does not discourage participation in the facility\'s program(s)
by

**M27-1, Part III May 3, 1988**

**Change 18**

individuals of any particular group. Determine whether illustrations
reflect participation by individuals of various groups.

\(c\) If there is no participation by certain groups in the facility\'s
program, inquire as to the reason(s) and recommend recruitment
techniques that may attract minorities, women, handicapped individuals
or individuals of other groups who do not participate in the facility\'s
program. A negative reaction from facility officials may indicate
potential discrimination.

d\. **Financial Assistance** (38 CFR 18.3, 18c.36, and 18.446)

\(1\) Requirement. A facility may not use eligibility criteria or
methods of administration in its financial aid program when these
criteria or methods have the effect of subjecting individuals to
discrimination because of their race, color, sex, age, handicap, or
national origin.

\(2\) **Audit Procedures**

\(a\) Determine the amount and sources of financial assistance available
to participants. Verify that the aid to all participants.

\(b\) Inspect financial records to confirm that participants are not
overcharged for supplies and services. (For example, if the facility is
an educational institution, overcharges may be concealed in
reimbursements of Department of Education financial aid to students.)

\(c\) Verify that the facility does not illegally cooperate with any
foundation, trust, agency, organization, or person which provides
assistance to any of the facility\'s participants in a manner that
discriminates on the basis of race, color, national origin, sex, age, or
handicap.

\(d\) Ascertain that the facility does not apply any rule or assist in
the application of any rule concerning eligibility for assistance which
treats persons of one sex differently from persons of the other sex with
regard to marital, maternity, or parental status.

e\. **Training** (38 CFR 18.3, 18c.34, and 18.443)

\(1\) **Requirements**

\(a\) Facilities may not provide any course or otherwise carry out any
of their programs or activities separately on the basis of race, color,
national origin, sex, age, or handicap.

\(b\) The facility must make necessary modifications to its program
requirements to ensure that these requirements do not discriminate
against handicapped participants. Modifications may include changes in
length of time permitted for completion of program requirements and
adaptation of the manner in which specific training is conducted.
Activities that the facility can demonstrate are essential to the
program of instruction pursued by the participant or to any directly
related licensing requirement will not be regarded as discriminatory.

\(c\) The facility may not impose upon handicapped participants other
rules, such as the prohibition of tape recorders at training sites or
guide dogs in facility buildings, that have the effect of limiting their
participation in the facility\'s programs.

\(d\) The facility will provide methods for evaluating the achievement
of participants who have a handicap that impairs sensory, manual,
ambulatory, or speaking skills. These methods should ensure that the
results of the evaluation represent the participants\' achievement in
the training rather than reflect the participants\' impaired sensory,
manual, ambulatory, or speaking skills (except where such skills are the
factors that the test method purports to measure).

**May 3, 1988 M27-1, Part III**

**Change 18**

\(e\) The facility must provide auxiliary aids for participants with
impaired sensory, manual, or speaking skills unless provision of these
aids results in a fundamental alteration in the nature of the
facility\'s program or imposes an undue financial or administrative
burden on the facility. These aids may include taped texts,
interpreters, or other effective methods of

making orally delivered materials available to participants with hearing
impairments, readers in libraries for participants with visual
impairments, equipment adapted for use by participants with manual
impairments, and other similar services. The facility is not obligated
to provide attendants, individually prescribed devices, readers for
personal use or study, or other devices or services of a personal
nature.

\(2\) **Audit Procedures**

\(a\) Inspect training sites to verify that training offered by the
facility is integrated and that facilities and trainers are equally
available to all participants.

\(b\) Verify that protected group participants are not assigned to a
program which will not provide the same opportunity for future study or
employment as that provided to nonprotected group participants.

\(c\) Inquire into all aspects of training that are often open to
discriminatory practices: time devoted to various levels of training,
rates of progress, total time in the program, percentage of protected
group member graduates, performance assessment, criteria for suspensions
or involuntary terminations, and a system for disciplinary actions.

\(d\) If the training includes customer service, inspect the training
area to make certain that the facility does not discriminate in
assigning participants to serve customers. If the facility allows
customers to select participants who will serve them, assure that race,
color, national origin, sex, age, or handicap is not a factor used to
determine the selection. Customers may request participants by name, but
when customers\' selections of participants result in unequal training
on the basis of race, color, national origin, sex, age, or handicap,
this practice violates the provisions of Title VI, Title IX, section
504, or the Age Discrimination Act.

f\. **Housing** (38 CFR 18.3, 18c.32, and 18.445)

\(1\) **Requirements**

\(a\) A facility may not, on the basis of race, color, national origin,
age, or handicap, establish different rules or regulations, different
fees or requirements, or offer different services or benefits related to
housing.

\(b\) Housing provided by the facility may be separate on the basis of
sex, but not on the basis of race, color, national origin, age, or
handicap. Housing provided by a facility to participants of one sex,
when compared to that provided to participants of the other sex, shall
be, as a whole:

[1]{.underline}. Proportionate in quantity to the number of students of
that sex applying for such housing; and

[2]{.underline}. Comparable in quality and cost to the participant.

\(c\) A facility that does not provide housing for its participants but
assists any agency, organization, or person in making housing available
to any of its participants shall take

reasonable action to assure Itself that the housing provided to
participants of one sex, when compared to that provided to participants
of the other sex, Is, as a whole:

[1]{.underline}. Proportionate in quantity; and

**M27-1, Part III May 3, 1988**

**Change 18**

[2]{.underline}. Comparable in quality and cost to the participant.

\(d\) A facility that provides housing to nonhandicapped participants
shall provide comparable, convenient, and accessible housing to
qualified handicapped participants at the same cost as to others.
Housing shall be available in sufficient quantity and variety so that
the scope of a handicapped participant\'s choice of quarters is, as a
whole, comparable to that of nonhandicapped participants.

\(e\) A facility that assists any agency, organization, or person in
making housing available to any of its participants shall assure itself
that such housing is, as a whole, made available in a manner that does
not result in discrimination on the basis of handicap.

\(2\) **Audit Procedures**

\(a\) If the facility provides housing, arrange for a tour to verify
that:

[1]{.underline}. The housing is integrated; and

[2]{.underline}. Comparable housing is available to participants of both
sexes and to handicapped individuals.

\(b\) Interview protected group members to ascertain that housing
provided by the facility, or by any agency, organization or person
assisted by the facility, is not assigned in a discriminatory manner on
the basis of race, color, national origin, sex, age, or handicap.

\(c\) Check for other signs of suspected discriminatory practices such
as segregation of participants by building, floors or rooms on the basis
of race, color, national origin, handicap, or age.

g\. **Facility Activities** (38 CFR 18.3, 18c.31, and 18.447)

\(1\) **Requirements**

\(a\) A facility may not, on the basis of race, color, national origin,
sex, age, or handicap, discriminate against individuals who choose to
participate in facility-sponsored activities.

\(b\) If, for any reason, a facility activity must be exclusive, the
exclusion may not be based on the race, color, national origin, sex,
age, or handicap of the participants. The following activities are
exempt from Title IX enforcement:

[1]{.underline}. An educational institution which is controlled by a
religious organization If the application of Title IX regulations would
not be consistent with the religious tenets of that organization. To
claim this exemption, the institution must submit to the Administrator a
written statement by an official of the institution with appropriate
authority identifying the provisions of these regulations with the
religious tenets of the organization.

[2]{.underline}. Military and Merchant Marine educational institutions.

[3]{.underline}. Social fraternities and sororities which are exempt
from taxation under Section 501(a) of the Internal Revenue Code of 1954,
the active membership of which consists primarily of students In
attendance at Institutions of higher learning.

[4]{.underline}. YMCA, YWCA, Girl Scouts, Boy Scouts, Camp Fire Girls,
and voluntary youth service organizations which are exempt from taxation
under Section 501(a) of the Internal Revenue Code of 1954, the
membership of which has been traditionally limited to members of one sex
and principally to persons of less than 19 years of age.

**May 3, 1988 M27-1, Part III**

**Change 18**

[5]{.underline}. Any program or activity of the American Legion or any
educational institution specifically for:

[a]{.underline}. The promotion of any Girls State conference, Girls
Nation conference, Boys State conference, or Boys Nation conference; or

[b]{.underline}. The selection of students to attend such conferences;

[c]{.underline}. Mother daughter or father-son activities; however, if
these activities are provided for students of one sex, opportunities for
reasonably comparable activities shall be provided for students of the
other sex.

\(c\) An educational institution may offer to handicapped students
physical education, athletic activities and similar programs and
activities that are separate or different only if separation or
differentiation is necessitated by the handicapped individual\'s need
for auxiliary aids and only if no qualified handicapped student is
denied the opportunity to compete for teams or to participate in courses
that are not separate or different.

\(2\) **Audit Procedures**

\(a\) The reviewer should monitor a physical education class in progress
to verify that it is integrated and that facilities are equally
available and accessible to all participants.

\(b\) Interview protected group members to insure that facility
sponsored activities are open to all participants regardless of race,
color, national origin, sex, age, or handicap.

h\. **Placement Activities (38 CFR 18.3, 18c.37, and 18.446**)

\(1\) **Requirement.** A facility which assists any agency,
organization, or person in making employment available to any of its
participants:

\(a\) Shall assure itself that employment is made available without
discrimination on the basis of race, color, national origin, sex, age,
or handicap; and

\(b\) May not provide placement services to any agency, organization, or
person which discriminates on the basis of race, color, national origin,
sex, age, or handicap in its employment practices except in those
instances when the employer is under an affirmative action commitment.

\(2\) **Audit Procedures**

\(a\) Verify that the facility\'s placement records contain data on the
protected group breakdown of placements. These data will be essential
when determining whether there are disparities between placement rates
of majority and protected group participants.

\(b\) Inquire as to the methods used to inform participants of placement
opportunities. Interview protected group participants to ensure that
information on placement opportunities reaches all participants
regardless of race, color, national origin, sex, age, or handicap (e.g.,
announcements, bulletin boards, and school papers).

\(c\) Verify that the placement officer does not discriminate against
protected group members by such practices as:

[1.]{.underline} Imposing stereotyped geographic limitations upon
protected group members by assuming that they would not be interested in
employment beyond certain distances from inner cities or rural areas
where they are likely to reside;

**M27-1, Part III May 3, 1988**

**Change 18**

[2]{.underline}. Concluding that a protected group member would be
unhappy or uncomfortable working as the only protected group individual
or as a member of a small protected group in an overwhelmingly majority
group workforce;

[3]{.underline}. Restricting the placement of protected group members to
jobs with firms or organizations which will provide little or no
advancement or which have poor records in equal employment opportunity;

\(d\) If an examination of placement records reveals a low rate of
placements for protected group members, reasons should be elicited from
participants, faculty, and facility management.

[4]{.underline}. Concluding that a handicapped participant would not be
able to perform the essential functions, required for a job, without
inquiring of the handicapped person whether such functions are within
the scope of his/her capabilities.

\(e\) Facilities which honor employment requests based on race, color,
national origin, sex, age, or handicap are in non- compliance unless the
practice is carried out to assist in fulfilling an affirmative action
effort of the prospective employer. In this case, the facility is
allowed to honor the request but must still notify all participants of
the job opportunity. Verify that the facility is not in violation of
equal employment opportunity laws in this aspect of placement by
interviewing protected group participants, trainers, or community
leaders.

\(f\) If the institution provides training on job interview techniques
or resume preparation, verify that the training is offered equally to
all participants regardless of race, color, national origin, sex, age,
or handicap.

**14.07 INSTRUCTOR AND PARTICIPANT INTERVIEWS**

a\. **Selection of Interviewees.** The reviewer will interview a
participant and an instructor, if available, from each of the protected
groups listed in the VA Form 27-4274. To ensure an unbiased selection,
the selection of interviewees will be made on a random-sampling basis.
The reviewer will ask the PFO for a list of all the
instructors/participants currently participating in the courses provided
by the facility. The interviewer should then request a preliminary
interview with every third instructor/participant on the list to
determine whether the instructor/participant is a member of a protected
group. This procedure shall continue until a representative from each of
the protected groups at the facility is interviewed. In instances when
there is, only one instructor/participant of a particular protected
group participating in the facility\'s programs, the random-sampling
procedure will be waived for that particular protected group and the
sole instructor/participant will be interviewed.

b\. **Instructor interviews**

\(1\) The purpose of instructor interviews is to provide the compliance
officer with additional information about the facility\'s administrative
operations and programs of instruction.

\(2\) Interviews should be conducted with instructors who are not
assigned administrative or managerial functions. This will enable the
compliance officer to obtain divergent views about conditions already
discussed with facility officials who are primarily responsible for
establishing and implementing administrative policies.

\(3\) Interviews must be conducted with majority group instructors when
there is no instructor from a protected group at the facility.

**May 3, 1988 M27-1, Part III**

**Change 18**

\(4\) While interviewing instructors, the compliance officer should
inquire about the courses, taught or training provided and the extent of
protected group participation. The reviewer must determine whether
classes are integrated and must explain any negative reply to this
question.

The issue of segregation in facility programs must be fully reported if
it arises and mud be resolved in the exit interview with the PFO. The
trainer must be asked if he/she is aware of systemic discriminatory
practices or isolated acts of discrimination against protected group
individuals. Descriptions of these practices or actions and remedial
steps recommended shall be included in the compliance officer\'s report.

\(5\) The compliance officer should be aware that instructors may be
concerned about their job security and may be determined to present a
good image of the facility in their replies to questions. On the other
hand, they may be motivated by a genuine interest in the rights of
protected group members and may provide answers as accurately as they
view conditions to exist. The compliance officer should corroborate
information provided by instructors through personal observation,
participant interviews, and, if possible, interviews with other
instructors.

c\. **Participant Interviews**

\(1\) In most cases, participant interviews are the best source of data
for compliance evaluation, although the participants may be reluctant to
report allegations of discriminatory practices for fear of reprisal by
instructors or facility management. The compliance officer should advise
participants that a report from them on their firsthand knowledge of
conditions at the facility is essential for the review to be effective,
and that retaliation by the facility management is prohibited. However,
the compliance officer should not guarantee confidentiality or promise
protection against reprisal, since it is inherently difficult to provide
this protection. The compliance officer should advise participants to
contact the VA if retaliation occurs. Once a discriminatory practice is
alleged, the compliance officer should interview other participants to
verify or refute the allegation and, to the best of his/her ability,
protect the identity of the person who made the initial allegation.

\(2\) The compliance officer should pursue all details of complaint
allegations and be cognizant of leads which may warrant further
investigation.

\(3\) The compliance officer should assure that any allegations made by
participants are fully understood and that their statements are
accurately interpreted. Do not discount hearsay statements as they may
lead to further inquiries If hearsay statements cannot be substantiated
or refuted, they may still be discussed in the report.

\(4\) If protected group members are not present at the facility during
the scheduled time of the review, the compliance officer should arrange
an interview at another time. The interviews should be conducted by
telephone or the compliance officer should write to ask the program
participant to contact the compliance officer for an interview. The
compliance officer should explain the absence of interviews in item 61,
\"Remarks,\" of VA Form 27-8734.

**14.08 PROCEDURES DURING ONSITE REVIEWS**

a\. Upon completion of the onsite review, the compliance officer will
complete VA Form 27-8734 and its supplement, VA Form 27-8734a (see pars.
16.04 and 16.05). In the report, the compliance officer will indicate
whether the facility is or is not in compliance with Title VI, Title IX,
section 504, and the Age Discrimination Act.

b\. When no discrimination is found or if noncompliance is found and
corrected during the onsite review, the compliance officer will report
the facility as \"in compliance.\"

c\. When the compliance officer finds noncompliance which cannot be
corrected at the time of the review, but the PFO agrees to correct the
noncompliance within a specific period of time, the compliance

**M27-1, Part III May 3, 1988**

**Change 18**

review will be concluded with a finding of non- compliance and will be
reported as such. A followup visit

will be made after the agreed elapsed time, normally less than 6 months,
to determine whether the noncompliance has been corrected. Each report
will be forwarded to VA Central Office VAS (27) at the time the review
is completed.

d\. The compliance officer will conclude an onsite review report with a
determination of noncompliance at the facility when either of the
following conditions exists

\(1\) A facility refuses to complete reports, provide information, or
allow access to records, personnel, or facilities when they are required
as part of the Agency\'s equal opportunity review responsibilities; or

\(2\) A facility refuses to correct noncompliance.

e\. Upon completion of an onsite review in which a determination of
noncompliance has been made, the regional office or center will notify
the facility of its failure to comply and request voluntary compliance.
The initial request should provide a time limit for the facility to
achieve compliance, however, the time limit should not exceed 30 days.

f\. If compliance is not obtained following the initial notice to the
facility, a subsequent letter will be sent to the facility notifying it
that the regional office or center is required to report the
noncompliance to the VA Central Office. If a facility fails to meet
compliance requirements following the second letter of request, the
regional office or center will forward the compliance review report to
VA Central Office VAS (27). An interim report will be submitted to VA
Central Office VAS (27) after 60 days have elapsed from the date of the
original determination of probable noncompliance (usually the date of
the review). The report will include a summary of the issues in
question, the status of the negotiations, and the reason(s) for the
length of the negotiations.

g\. VA Central Office VAS (27) will be informed whenever a facility is
under a court-ordered consent decree because of a failure to meet its
civil rights responsibilities. The compliance officer should request a
copy of the decree. If a copy of the decree is not available for review,
the name and address of the court and the date of the decree should be
obtained from the facility

and forwarded to VA Central Office VAS (27) so that a copy of the decree
may be obtained from the court.

h\. When a consent decree calls for a facility to undertake affirmative
action efforts to end discriminatory practices, the VA will adjust its
equal opportunity monitoring activities to coincide, as much as
possible, with the court decree. The consent decree will not relieve the
VA of any enforcement responsibilities. However, if VA Central Office
VAS (27) believes that the terms of the court decree preclude any
further enforcement action by the VA, the decree will be referred to the
VA General Counsel for interpretation. A copy of the General Counsel\'s
conclusions will be forwarded to the field station for inclusion in the
Educational Institution File (approval file).

**14.09 TOUR OF THE FACILITY**

a\. A tour of the facility should be conducted after all parties have
been interviewed. Responses provided by facility officials, instructors,
and participants to questions asked during the initial interview may
then be verified.

b\. The purpose of the facility tour is not to determine what the
institution provides, but to ascertain, if possible, if there are any
differences between what is provided to majority and protected group
members.

c\. The compliance officer should inquire about any conditions observed
during the tour that raise questions as to the facility\'s compliance or
noncompliance with equal opportunity laws. A followup interview with
persons previously interviewed or with additional persons may be
necessary to obtain information which explains or clarifies issues
raised during the tour.

**May 3, 1988 M27-1, Part III**

**Change 18**

d\. Whenever a discriminatory practice is revealed or suspected, the
compliance officer should ask probing questions and obtain more detailed
information so that the discriminatory practice may be described clearly
both to the PFO at the time of the exit interview and in the report to
be made following the review.

**14.10 EXIT INTERVIEW**

a\. Upon completion of the review, an exit interview should be held with
the PFO and all significant findings should be brought to his/her
attention. The compliance officer will identify any areas of
noncompliance found during the review and request that the PFO clarify
or explain any questionable policies and practices. Conciliation should
be attempted when noncompliance is identified. Areas where
discrimination is not clearly apparent, but where a policy or practice
may result in discrimination, shall be pointed out to the PFO. A signed
statement of assurance of compliance will be obtained from the PFO, if
necessary.

b\. The facility may be requested to develop and implement an
affirmative action plan when discriminatory activities are identified.
The plan will be a formal, written agreement between a compliance
officer and facility officials to correct a specific discriminatory
practice or to prevent occurrence of a potentially discriminatory action
against participants or employees. The commitment should be worded to
define clearly the discriminatory practice or action contributing to a
status of noncompliance and should specify the remedial action required
for a status of compliance. The statement may also certify that the
facility will not practice, or will take affirmative action to eliminate
or overcome the effects of, a specific form of discrimination that has
been practiced at the facility in the past.

c\. The compliance officer will explain to the PFO the procedures that
will follow the onsite review and will also answer any additional
questions the PFO may wish to take. The name, address, and telephone
number of an appropriate official at the regional office or center will
be provided to the PFO in case he/she wishes to contact someone in
reference to the review or on other equal opportunity matters.

**14.11 FOLLOWUP REVIEWS**

A followup review will be made whenever a compliance review or complaint
investigation results in a finding of non- compliance, whether the
discriminatory practice has been corrected prior to the followup review
or not. When the discriminatory practice cannot be corrected during the
review or investigation and the PFO has given assurance of voluntary
compliance within a reasonable period of time, the followup review will
be scheduled immediately following the time agreed upon for the
correction of the practice. The followup review will focus on the area
of noncompliance revealed during the initial onsite review and will be
aimed at assuring that the facility has undertaken action to eliminate
the discriminatory practice. When the institution has developed an
affirmative action plan, the followup review will focus on the actions
taken by the institution to eliminate discrimination.