C

Civil Rights Complaint Handling Procedures

Civil rights complaints are written or verbal allegations of discrimination based on race, color, national origin, age, sex, or disability. Any person claiming discrimination has a right to file a complaint within 180 days of the alleged discrimination. A civil rights complaint based on race, color, national origin, or age may be received at the individual school level, but it must be forwarded through the SA to the USDA Regional Office. The regional office then forwards the complaint to the Civil Rights Division. Complaints of discrimination based on sex or disability must be forwarded to the SA for investigation and disposition.

All complaints, whether written or verbal, must be accepted by the LEA and forwarded to the SA. An anonymous complaint should be handled the same way as any other. Complaint forms may be developed, but their use cannot be required. If the complainant makes the allegations verbally or in a telephone conversation and is reluctant or refuses to put them in writing, the person who handles the complaint must write up the description.

There must be enough information to identify the agency or individual toward which the complaint is directed and indicate the possibility of a violation. Every effort should be made to obtain at least the following information:

• Name, address and telephone number or other means of contacting the complainant.
• The specific location and name of the organization delivering the program service or benefit.
• The nature of the incident(s) or action(s) that led the complainant to feel there was discrimination.
• The basis on which the complainant feels discrimination occurred (race, color, national origin, age, sex, or disability).
• The names, titles, and addresses of people who may have knowledge of the discriminatory action(s).
• The date(s) when the alleged discriminatory action(s) occurred or, if continuing, the duration of such action(s).