MEMORANDUM

TO: The Inspector General

FROM: The Secretary

SUBJECT: Litigation involving Office of Inspector General (OIG) employees or 

applicants before the Equal Employment Opportunity Commission 

(EEOC), Merit Systems Protection Board (MSPB) and in Federal courts

I. DELEGATION

By the authority vested in me by section 412 of the Department of Education 

Organization Act, 20 U.S.C. § 3472, I hereby delegate to you, or anyone serving 

for you in an acting capacity, the authority to conduct and coordinate litigation 

activities on personnel and equal employment opportunity matters which 

exclusively involve OIG employees or applicants to the OIG, that do not affect 

any cross-cutting or important Departmental interests, as determined by you and 

the General Counsel or anyone serving in an acting capacity (consistent with the 

Federal Vacancies Reform Act) for the General Counsel or you. This authority 

includes the authority to represent the Secretary of the U.S. Department of 

Education (ED) and ED before the Equal Employment Opportunity Commission

(EEOC), the Merit Systems Protection Board (MSPB), and in Federal courts in 

complaints and/or appeals filed against ED by employees of, or applicants for 

employment within, ED’s Office of Inspector General (OIG) and settlement 

authority with respect to such cases. 

In exercising the authority granted herein, the Inspector General shall promptly 

notify the Office of the General Counsel’s Assistant General Counsel for the 

Division of Business and Administrative Law (DBAL), anyone acting for 

him/her, and/or his/her designee, of the filing of any complaint or appeal covered 

by this delegation of authority and shall provide a detailed summary of such 

action, including, but not limited to, the claims asserted, the relief demanded, and

applicable defenses. Such notification shall also highlight any matters that the 

Inspector General believes raise cross-cutting or important factual or legal issues

or otherwise implicate an important Departmental interest. The Inspector General 

shall also promptly notify the Office of the General Counsel’s Assistant General 

Counsel for DBAL, anyone acting for him/her, and/or his/her designee of any 

significant developments in the matters covered by this delegation of authority, 

including, but not limited to: (1) proposed settlements; (2) dismissals; (3) initial 

and final decisions; and (4) appeals. In exercising the authority granted, the 

Inspector General shall provide the Office of the General Counsel’s Assistant 

General Counsel for DBAL, and the General Counsel and anyone acting for 

them, and their designees with a meaningful opportunity (for example, including 

a reasonable time for review and comment before final action is taken on a 

settlement) to provide any comment or review of the matters covered by this 

delegation that the Office of the General Counsel deems necessary to carrying 

out its functions and duties as the Department’s legal advisor. The Office of the 
General Counsel’s Assistant General Counsel for DBAL will provide to the 

Assistant Secretary of Management for review and comment a copy of any 

proposed settlement agreement that involves equal employment opportunity 

matters. Notwithstanding delegation EA/EM/271 to the Assistant Secretary of 

Management and/or redelegations of such authority (e.g., ED/EMO/323), the 

authority to approve and sign settlement agreements involving OIG employees or 

applicants rests with the Inspector General.

Unless otherwise noted in future delegations of authority, amendments to the 

existing authorities delegated herein are included within the scope of this 

delegation.

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the 

following is not delegated:

Authority to provide legal advice to the Secretary on matters covered by this

delegation of authority.

III. REDELEGATION

Except as otherwise provided in this delegation or future delegations of

authority, redelegation of the authority provided herein is limited to the Counsel 

to the Inspector General and his/her legal staff. 

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal 

Delegations Control Officer. 

________-s-___________ 

 Arne Duncan

Certification Date: 9/14/11

Certified By: Bruce Monblatt

Control Number: EA/EF/195