Filing a Complaint

**Overview** 	  Below please find answers to FAQ about OCR's complaint process. 	  For more information please visit our Case Processing Manual.

 

 

 

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**How do I file a complaint of discrimination with OCR?**

You may contact an OCR enforcement office to obtain a complaint form or  you may file a discrimination complaint by using the on-line  complaint form.  You may also write  an e-mail or a letter setting forth your complaint to the OCR enforcement  office.

**What do I need to include in my complaint?**

You should let us know which school, college or other  institution you are complaining about, the person(s) who has been discriminated  against, when the discrimination occurred, and you should sign and date the form  or letter and let us know how we can reach you by phone, e-mail, and letter so  that we can contact you. If filing electronically or on-line, you will still  need to provide an original signature by mail, which may be done by printing  and mailing a "Consent Form" linked from the bottom of the on-line  complaint form.

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**How soon after the discrimination do I need to file?**

You need to file your complaint within 180 calendar days  after the discrimination. There are certain limited circumstances that allow our  agency to grant a waiver. If you need more information about your situation,  contact the OCR enforcement  office responsible for the state in which the institution is located.

**How promptly will OCR respond to my complaint?**

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**What is OCR's role during the complaint process?**

OCR's role is to be a neutral fact-finder and to promptly  resolve complaints. OCR has a variety of options for resolving complaints,  including facilitated resolutions and investigations. OCR does not act as an  advocate for either party during the process.

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**What if I am already pursuing my complaint within the school  district or college or with another agency?**

OCR does not handle cases that are being addressed by  another agency or within a school's or college's formal grievance procedure if  OCR anticipates that the school or college, or agency you filed with will provide  you with a resolution process comparable to OCR's. Once the other complaint  process is completed, you have 60 days to file your complaint with OCR. OCR's  first step will be to determine whether to defer to the result reached in the  other process.

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**Do I have to file an OCR complaint before I can file a  claim in court?**

The regulations under Title VI, Title IX, Section 504 and  Title II do not require you to file with OCR prior to filing a claim under  these laws in Federal court. The regulations under the Age Discrimination Act,  however, allow you to file a claim in Federal court under that law only after:  1) 180 days have elapsed since you filed the complaint with OCR and OCR has  made no finding, or 2) OCR issues a finding in favor of the recipient. If this  occurs, OCR will promptly notify you and remind you of your right to file in  court.

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If you are considering filing in court, bear in mind that  OCR does not represent complaining parties or provide advice regarding court  filings. You would need to use the services of your own attorney. Also, if you  proceed with your claim in a court, OCR will not continue to pursue your OCR  complaint.

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For more information you may refer to What to Expect from OCR and the OCR Case Processing Manual (CPM). 

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