Ohio Administrative Code › Title 3332 - State Board of Career Colleges and Schools › Chapter 3332-1 - General Provisions › Section 3332-1-18 - Complaint procedure

Current through all regulations passed and filed through July 1, 2024
(A) The state board of career colleges and
			 schools is given the authority under section
			 3332.091 of the
			 Revised Code to investigate any complaint, submitted in writing, by any person
			 adversely affected by the actions of a certificate holder. Complaints must be
			 submitted within six months after the violations allegedly were committed. In
			 addition, the board may, upon its own initiative and independent of the filing
			 of any complaints, conduct a preliminary investigation relating to any possible
			 violations of Chapter 3332. of the Revised Code.
(B) The executive director or his or her
			 designee, is therefore designated by, and on behalf of the board, to resolve
			 complaints and enforce the provisions of the statutes and rules of the
			 board.
(C) The executive director
			 will submit to the board, at each meeting, a list of the number of complaints
			 currently under investigation. School and complainant names currently under
			 investigation will generally not be disclosed
			 during public board meetings unless public discussion
			 is deemed necessary to resolve the complaint.
(D) If deemed necessary, the executive
			 director may request the board to review a complaint for its recommendations.
			 In such cases, all documentation pertaining to the nature and status of the
			 complaint will be presented before the board by the executive director and/or
			 his or her staff designee.
(E)
			 While the board will normally investigate only signed complaints, the board
			 reserves the right to act upon any anonymous complaints which indicate the
			 possibility of violations of the statute or rules of the board.
(F) Upon receipt of a written complaint, it
			 will be reviewed by the executive director or his or her designee to determine
			 if the board has jurisdiction in the matter.
(G) If it is determined that the board does
			 not have jurisdiction in the matter, the complainant will be promptly notified
			 of that determination.
(H) If it is
			 determined that the board has jurisdiction in the matter, the complaint will be
			 assigned to the appropriate person to initiate a preliminary investigation into
			 the matter. A copy of the complaint will normally be forwarded to the school
			 for its review and response, and the complainant will be notified of this
			 action.
(I) If it is determined
			 after a preliminary investigation that it is not probable that violations were
			 committed, the complainant will be notified of this determination and the case
			 will be closed.
(J) If it is
			 determined after a preliminary investigation that it is probable that
			 violations were committed, the executive director or his or her designee shall
			 endeavor to eliminate such violations through informal means of conference,
			 conciliation, and persuasion. Nothing said or done during these endeavors shall
			 be disclosed by any member of the board or its staff, or be used as evidence in
			 any subsequent proceedings.
(K) If
			 after such investigation and conference, the board is satisfied that such
			 violations will be eliminated, the board will treat the complaint as
			 conciliated, and entry of such disposition shall be made in the records of the
			 board. At that time the complainant will be notified.
(L) The executive director, on behalf of the
			 board, may also enter into consent agreements or corrective action plans with
			 registered schools in order to ensure that any potential violations have been
			 eliminated and to ensure that any potential violations will not occur in the
			 future. All consent agreements and corrective action plans that are entered
			 into by the board will be considered public records.
(M) If the board fails to effect the
			 elimination of such violations or fails to obtain voluntary compliance with the
			 statute or rules of the board, the board may issue a formal complaint to the
			 holder of a certificate of registration of the school under investigation and
			 proceed pursuant to the provisions of section
			 3332.091 of the
			 Revised Code.