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ARTICLE II EARLY COMPLAINT RESOLUTION AND RAPID RESOLUTION 

PROCESS 

SECTION 201 EARLY COMPLAINT RESOLUTION

The Early Complaint Resolution (ECR) process facilitates the resolution of complaints by providing an 

early opportunity for the parties involved to voluntarily resolve the complaint allegations. OCR will 

consider whether a complaint is appropriate for ECR, as early as possible, including during the 

evaluation. When OCR determines that a complaint is appropriate for ECR, it shall contact the parties to 

offer this resolution option. 

(a) OCR's Role

• To serve as an impartial, confidential facilitator between the parties.

• To inform the parties of ECR procedures, establish a constructive tone, and encourage the parties 

to work expeditiously and in good faith toward a mutually acceptable resolution.

• To review the allegations that OCR has accepted for investigation with the parties and assist both 

parties in understanding the pertinent legal standards and possible remedies.

• To facilitate a discussion between the parties regarding possible actions that the parties may 

consider in working toward a resolution.

• To offer assistance, as appropriate, with regard to reducing any resolution to writing. When an 

agreement is reached, the parties are informed that OCR will issue a closure letter reflecting the 

resolution of the complaint by agreement of the parties.

(b) Role of the Participants

• To participate in the discussions in good faith.

• To consider offers or suggestions with an open mind and to work constructively toward a 

mutually acceptable resolution.

• To implement any agreement in good faith.

OCR does not sign, approve, endorse and monitor any agreement reached between the parties. 

SECTION 202 INITIATION AND TERMINATION OF THE ECR PROCESS

When OCR determines that ECR is appropriate and the complainant and the recipient are willing to 

proceed with this resolution option, OCR will designate staff to facilitate an agreement between the 

recipient and complainant. To the extent possible, staff assigned to conduct ECR of a complaint shall not 

be staff assigned to the investigation of that complaint. 

An Agreement to Participate in ECR must be reviewed and either signed or verbally agreed to by the 

complainant and recipient. In circumstances where verbal agreement is obtained, the ECR facilitator shall 

send a letter or electronic mail to the parties confirming the Agreement. 

OCR has the discretion to suspend its investigation for up to 30 calendar days to facilitate an agreement 

between the parties. If an agreement has not been reached, OCR will resume its investigation if it had 

been suspended. 
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SECTION 203 CONFIDENTIALITY OF THE ECR PROCESS

A Confidentiality Agreement must be reviewed and signed or verbally agreed to by the ECR facilitator 

and the parties to the ECR, (the complainant or complainant’s representative and the recipient or 

recipient’s representative). In circumstances where verbal agreement is obtained, the ECR facilitator 

shall send a letter or electronic mail to the parties confirming this Agreement. 

In order to maintain confidentiality of the ECR process, any notes taken during ECR by the facilitator 

and/or any records or other documents offered by either party to the facilitator during ECR will be kept in 

a separate file and will not be shared with the staff member(s) assigned to investigate the complaint.

SECTION 204 SUCCESSFUL CONCLUSION OF ECR 

At the conclusion of ECR, OCR will obtain a copy of a statement that the allegation(s) has been resolved, 

signed by the complainant, or a copy of any agreement that has been signed by the parties. Once 

resolution of any allegation has been obtained, OCR will notify the parties in writing that the allegation(s) 

has been resolved; other outstanding issues, if any, are to be resolved through the investigation and 

resolution process. See CPM Article III. A copy of the ECR agreement between the parties will be 

attached to the closure letter. 

SECTION 205 BREACH OF ECR AGREEMENTS

OCR will not monitor the agreement, but will inform the parties that if a breach occurs, the complainant 

has the right to file another complaint. If a new complaint is filed, OCR will not address the alleged 

breach of the agreement. Instead, OCR will determine whether to investigate the original allegation.

When making this determination, OCR will consider the nature of the alleged breach, its relation to any 

alleged discrimination and any other factors as appropriate. To be considered timely, the new complaint 

must be filed either within 180 calendar days of the date of the last act of alleged discrimination or within 

60 calendar days of the date the complainant obtains information that a breach occurred, whichever date 

is later. 

SECTION 206 INVESTIGATIVE DETERMINATION WHEN ECR IS NOT ACHIEVED

OCR will monitor the process of ECR to ensure adequate time for completion of the investigation in the 

event that ECR is unsuccessful. Where ECR is unsuccessful, investigation must proceed to ensure 

completion in accordance with case processing procedures. 

SECTION 207 RAPID RESOLUTION PROCESS (RRP)

The Rapid Resolution Process (RRP) is an expedited case processing approach that can be utilized in 

substantive areas determined by OCR to be appropriate for such resolution. RRP provides an opportunity 

to resolve complaints and to obtain information and make determinations early. The outcomes in all RRP 

cases must meet OCR’s standards for legal sufficiency. Any resolution agreement reached through RRP 

must be aligned with the allegations and issues in the complaint deemed appropriate for resolution 

pursuant to RRP. See CPM Article III.

Once OCR has received any necessary signed Consent Form from the complainant (see CPM Section 

103) and has determined that the complaint is appropriate for RRP, OCR will promptly attempt to resolve 

the complaint and obtain information necessary to make a compliance determination. OCR may contact a 
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recipient prior to sending a letter of notification or after sending a letter of notification to determine if the 

recipient is interested in immediately resolving or has taken action to resolve the complaint allegation(s). 

In those substantive areas determined by OCR, RRP may be used to resolve complaints under the 

following circumstances: 

(a) Where a recipient has already taken action that will resolve the complaint, the complaint may be 

resolved without an agreement where appropriate relief is verified and the relief does not require 

monitoring by OCR. Under this circumstance, OCR will issue a closure letter.

(b) Where a recipient has indicated that it is willing to take action in the future to resolve the complaint,

or the recipient has already taken action that requires monitoring, the complaint may be resolved by 

obtaining a resolution agreement, the implementation of which OCR will monitor. See CPM Section 

304. Under this circumstance, OCR will issue a resolution letter.

(c) Where OCR obtains sufficient information from the recipient to make a compliance determination 

pursuant to CPM Section 303, OCR will issue a letter of finding pursuant to CPM subsection 303(a) 

or OCR will issue a letter of finding and obtain a resolution agreement pursuant to CPM subsection 

303(b), the implementation of which OCR will monitor.

For cases in RRP, the Enforcement Office must ensure expeditious completion in accordance with case 

processing procedures.