18–05–05 

SYSTEM NAME: 

Grievances Filed Formally Under the Administrative 

Grievance Procedure. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Human Resources Group, Office of Management, U.S. 

Department of Education, 400 Maryland Avenue, SW., Washington, 

DC 20202. See the Appendix at the end of this system notice for 

additional locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 

This system contains records on nonbargaining unit 

employees of the Department regardless of type of appointment, 

who individually or as a group, request personal relief in a 

matter of concern or dissatisfaction which is subject to the 

control of Department management. This includes former employees 

of the Department for whom a remedy can be provided as well as 

applicants. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information or documents relating to the grievance and 

personal relief sought, materials used in consideration of the 

grievance, and correspondence related to disposition of the 

grievance, including but not limited to the formal grievance, 
fact finder’s report, final decision, and all other related 

documents. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 1302. 

PURPOSE(S): 

The information contained in this system is to consider and 

settle matters of dissatisfaction or concern of covered 

individuals. 

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 

CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: 

The Department of Education (Department) may disclose 

information contained in a record in this system of records 

under the routine uses listed in this system of records without 

the consent of the individual if the disclosure is compatible 

with the purposes for which the record was collected. These 

disclosures may be made on a case-by-case basis or, if the 

Department has complied with the computer matching requirements 

of the Act, under a computer matching agreement. 

(1) Disclosure for Use by Other Law Enforcement Agencies. 

The Department may disclose information to any Federal, State, 

local, or foreign agency or other public authority responsible 

for enforcing, investigating, or prosecuting violations of 

administrative, civil, or criminal law or regulation if that 

information is relevant to any enforcement, regulatory, 
investigative, or prosecutive responsibility within the 

receiving entity’s jurisdiction. 

(2) Enforcement Disclosure. In the event that information 

in this system of records indicates, either on its face or in 

connection with other information, a violation or potential 

violation of any applicable statute, regulation, or order of a 

competent authority, the Department may disclose the relevant 

records to the appropriate agency, whether foreign, Federal, 

State, Tribal, or local, charged with the responsibility of 

investigating or prosecuting that violation or charged with 

enforcing or implementing the statute, executive order, rule, 

regulation, or order issued pursuant thereto. 

(3) Litigation and Alternative Dispute Resolution (ADR) 

Disclosures. 

(a) Introduction. In the event that one of the parties 

listed below is involved in litigation or ADR, or has an 

interest in litigation ADR, the Department may disclose certain 

records to the parties described in paragraphs (b), (c) and (d) 

of this routine use under the conditions specified in those 

paragraphs: 

(i) The Department of Education, or any component of the 

Department; or 

(ii) Any Department employee in his or her official 

capacity; or 
(iii) Any Department employee in his or her individual 

capacity if the Department of Justice (DOJ) has agreed to 

provide or arrange for representation for the employee; 

(iv) Any Department employee in his or her individual 

capacity where the agency has agreed to represent the employee; 

or 

(v) The United States where the Department determines that 

the litigation is likely to affect the Department or any of its 

components. 

(b) Disclosure to the DOJ. If the Department determines 

that disclosure of certain records to the DOJ is relevant and 

necessary to litigation or ADR, the Department may disclose 

those records as a routine use to the DOJ. 

(c) Administrative Disclosures. If the Department 

determines that disclosure of certain records to an adjudicative 

body before which the Department is authorized to appear, an 

individual or entity designated by the Department or otherwise 

empowered to resolve or mediate disputes is relevant and 

necessary to the administrative litigation, the Department may 

disclose those records as a routine use to the adjudicative 

body, individual, or entity. 

(d) Parties, counsels, representatives and witnesses. If 

the Department determines that disclosure of certain records to 

a party, counsel, representative or witness in an administrative 
proceeding is relevant and necessary to the litigation, the 

Department may disclose those records as a routine use to the 

party, counsel, representative or witness. 

(4) Employment, Benefit, and Contracting Disclosure. 

(a) For Decisions by the Department. The Department may 

disclose a record to a Federal, State, or local agency 

maintaining civil, criminal, or other relevant enforcement or 

other pertinent records, or to another public authority or 

professional organization, if necessary to obtain information 

relevant to a Department decision concerning the hiring or 

retention of an employee or other personnel action, the issuance 

of a security clearance, the letting of a contract, or the 

issuance of a license, grant, or other benefit. 

(b) For Decisions by Other Public Agencies and Professional 

Organizations. The Department may disclose a record to a 

Federal, State, local, or foreign agency or other public 

authority or professional organization, in connection with the 

hiring or retention of an employee or other personnel action, 

the issuance of a security clearance, the reporting of an 

investigation of an employee, the letting of a contract, or the 

issuance of a license, grant, or other benefit, to the extent 

that the record is relevant and necessary to the receiving 

entity’s decision on the matter. 
(5) Employee Grievance, Complaint or Conduct Disclosure. 

The Department may disclose a record in this system of records 

to another agency of the Federal Government if the record is 

relevant to one of the following proceedings regarding a present 

or former employee of the Department: Complaint, grievance, 

discipline or competence determination proceedings. The 

disclosure may only be made during the course of the proceeding. 

(6) Labor Organization Disclosure. A component of the 

Department may disclose records to a labor organization if a 

contract between the component and a labor organization 

recognized under Title V of the United States Code, Chapter 71, 

provides that the Department will disclose personal records 

relevant to the organization’s mission. The disclosures will be 

made only as authorized by law. 

(7) Freedom of Information Act (FOIA) Advice Disclosure. 

The Department may disclose records to the Department of Justice 

and the Office of Management and Budget if the Department 

concludes that disclosure is desirable or necessary in 

determining whether particular records are required to be 

disclosed under the FOIA. 

(8) Disclosure to the Department of Justice (DOJ). The 

Department may disclose records to the DOJ to the extent 

necessary for obtaining DOJ advice on any matter relevant to an 
audit, inspection, or other inquiry related to the programs 

covered by this system. 

(9) Contract Disclosure. If the Department contracts with 

an entity for the purposes of performing any function that 

requires disclosure of records in this system to employees of 

the contractor, the Department may disclose the records to those 

employees. Before entering into such a contract, the Department 

shall require the contractor to maintain Privacy Act safeguards 

as required under 5 U.S.C. 552a(m) with respect to the records 

in the system. 

(10) Research Disclosure. The Department may disclose 

records to a researcher if an appropriate official of the 

Department determines that the individual or organization to 

which the disclosure would be made is qualified to carry out 

specific research related to functions or purposes of this 

system of records. The official may disclose records from this 

system of records to that researcher solely for the purpose of 

carrying out that research related to the functions or purposes 

of this system of records. The researcher shall be required to 

maintain Privacy Act safeguards with respect to the disclosed 

records. 

(11) Congressional Member Disclosure. The Department may 

disclose records to a member of Congress from the record of an 

individual in response to an inquiry from the member made at the 
written request of that individual. The member’s right to the 

information is no greater than the right of the individual who 

requested it. 

(12) Disclosure to the Office of Management and Budget 

(OMB) for Credit Reform Act (CRA) Support. The Department may 

disclose records to OMB as necessary to fulfill CRA 

requirements. 

DISCLOSURE TO CONSUMER REPORTING AGENCIES: 

Not applicable to this system of records. 

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, 

RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in hard copy stored in file folders, 

on computers and in handwritten logs for Human Resources. 

Summary data of records are also maintained in a computerized 

tracking system. 

RETRIEVABILITY: 

Records are indexed alphabetically by organization and 

year. 

SAFEGUARDS: 

Access to and use of these records are limited to those 

persons with a “need-to-know” and whose official duties require 

such access. Personnel screening is employed to prevent 

unauthorized disclosure. Computers are password protected for 
individuals with access. All data bases are designed with 

stringent security measures to control individual users’ ability 

to access and alter records within the system. 

RETENTION AND DISPOSAL: 

Records are retained for three (3) years after the 

grievance case is closed, and are then destroyed, as set forth 

in the General Records Schedule 1, Civilian Personnel Records, 

Item 30(a). 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Human Resources Group, Office of Management, U.S. 

Department of Education, 400 Maryland Avenue, SW., Room 2E314, 

Washington, DC 20202. See the Appendix at the end of this system 

notice for additional system managers. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a record exists regarding 

you in the system of records, contact the system manager. Your 

request must meet the requirements of the regulations at 34 CFR 

5b.5, including proof of identity. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to records regarding you in this 

system of records, contact the system manager at the address 

listed above and follow the steps outlined in the Notification 

Procedure. Your request must meet the requirements of the 

regulations at 34 CFR 5b.5, including proof of identity. 
CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of a record in this 

system of records, contact the system manager at the address 

listed above. Your request must meet the requirements of the 

regulations at 34 CFR 5b.7, including proof of identity. 

RECORD SOURCE CATEGORIES: 

Information in this system of records is supplied from the 

following sources: Directly by the individual filing the 

grievance, from information supplied by the individual, by 

testimony of witnesses, employee representatives, Department 

employees or officials. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: 

None. 
Appendix to 18–05–05 Additional System Locations and System 

Managers 

Director, Human Resources Group, Office of Management, U.S. 

Department of Education, 400 Maryland Avenue, SW., Washington, 

DC 20202. 

Employee Relations Team, Office of Management, U.S. 

Department of Education, 400 Maryland Avenue, SW., Room 2E233, 

Washington, DC 20202– 4737. 

U.S. Department of Education, Regional Personnel Office 

O’Neill Federal Building, 10 Causeway Street, Room 1095 Boston, 

MA 02222. 

U.S. Department of Education, Regional Personnel Office 75 

Park Place, 12th Floor, New York, NY 10007. 

U.S. Department of Education, Regional Personnel Office 

3535 Market Street, Room 16300, Philadelphia, PA 19104. 

U.S. Department of Education, Regional Personnel Office 61 

Forsyth Street, SW, Suite 18T55, Atlanta, GA 30303. 

U.S. Department of Education, Regional Personnel Office 111 

N. Canal Street, Room 1084, Chicago, IL 60606. 

U.S. Department of Education, Regional Personnel Office 

1999 Bryan Street, Suite 2710, Dallas, TX 75201–6817. 

U.S. Department of Education, Regional Personnel Office 

10220 North Executive Hills Boulevard, 9th Floor, Kansas City, 

MO 64153. 
U.S. Department of Education, Regional Personnel Office 

1244 Speer Boulevard, Room 353, Denver, CO 80204–3582. 

U.S. Department of Education, Regional Personnel Office 50 

United Nations Plaza, Room 207, San Francisco, CA 94102–4987. 

U.S. Department of Education, Regional Personnel Office 915 

Second Avenue, Room 3388, Seattle, WA 98174–1099.