Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart C - Higher Education › Chapter 32 - EQUAL EDUCATION OPPORTUNITY › Section 32.5 - Compliance review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Department will, from time to time, conduct a compliance review. The compliance
				  review will be conducted as appears warranted by the Secretary based upon an
				  institution's failure to comply with this chapter or allegations of an
				  institution's failure to comply, or, at intervals which may be required by
				  State or Federal court order.
(b)
				  The purpose of the review shall be to determine whether the assurances
				  submitted in accordance with §
										32.3 (relating to assurances), are
				  being honored in good faith.
(c)
				  If, within 12 months of the Department's compliance review, the Human Relations
				  Commission or the United States Department of Education has, after a
				  comprehensive review, determined that an institution is in compliance with
				  applicable State and Federal antidiscrimination laws, or has imposed an
				  affirmative action program on the institution to correct existing deficiencies,
				  the Department will take no further action with respect to each issue thus
				  determined at that institution.
(d)
				  In other cases, the Department will obtain and consider relevant data and make
				  a determination of compliance or noncompliance in accordance with 16 Pa. Code §
										49.36 (relating to compliance
				  review).
(e) After review, the
				  Department will notify the institution whether or not it has been found to be
				  in compliance. If deficiencies are found to exist as a result of a compliance
				  review, reasonable efforts shall be made to secure compliance through
				  conciliation and persuasion. Before an institution may be found to be in
				  compliance with this chapter, it shall make a specific commitment in writing to
				  correct the deficiencies. The commitment may include preparation and
				  implementation of an affirmative action program prepared in accordance with 16
				  Pa. Code §§
										49.51 and
				  49.52 (relating to purpose; and
				  content).
(f) The commitment shall
				  include the precise action to be taken and dates for completion. Specific
				  numerical goals and timetables shall be included where appropriate. The time
				  period allotted may be no longer than the minimum period foreseeably necessary
				  to effect the change.
(g) Upon
				  approval by the Department, an institution should be considered in compliance
				  if it makes every good faith effort to keep its commitments. An institution's
				  compliance status shall be judged in part by whether or not it reaches its
				  goals or meets its timetables and in part by reviewing the contents of its
				  program and the extent of its adherence to the program and its good faith
				  efforts to make the program work toward realization of goals within the
				  timetables set for completion.
This section cited in 22 Pa. Code §
												32.4 (relating to duties of the
						Department); and 22 Pa. Code §
												32.6 (relating to
						enforcement).