(a) Periodic compliance reviews. The responsible Department official or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part.
(b) Complaints. Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this part may by himself or by a representative file with the responsible Department official or his designee a written complaint. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Department official or his designee.
(c) Investigations. The responsible Department official or his designee will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part, the responsible Department official or his designee will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 100.8.
(2) If an investigation does not warrant action pursuant to paragraph (1) of this paragraph (d) the responsible Department official or his designee will so inform the recipient and the complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the Act or this part, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.
(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d, 2000d-1)
Notes of Decisions
Jackson v. Birmingham Bd. of Educ., 309 F.3d 1333 (11th Cir. 2002).
· cites it 13× “§§ 1681-82 , in conjunction with 34 C.F.R. § 100.7 (e), an anti-retaliation regulation promulgated by the Department of Education to enforce Title IX.”
Peters v. Jenney, 327 F.3d 307 (4th Cir. 2003).
· cites it 15× “34 C.F.R. § 100.7 (e) (second emphasis added).”
Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (2005).
· cites it 2× “The Board cites a Department of Education regulation prohibiting retaliation "against any individual for the purpose of interfering with any right or privilege secured by [Title IX]," 34 CFR § 100.7 (e) (2004) (incorporated by reference by § 106.”
Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998).
· cites it 2× “The administrative regulations implement that obligation, requiring resolution of compliance issues "by informal means whenever possible," 34 CFR § 100.7 (d) (1997), and prohibiting commencement of enforcement proceedings until the agency has determined that voluntary compliance…”
Barker v. Riverside Cnty. Off. of Educ., 584 F.3d 821 (9th Cir. 2009).
· cites it 2× “34 C.F.R. § 100.7 (e) (emphasis added). This regulation applies to all rights secured by the Rehabilitation Act pursuant to 34 C.”
Cain v. Esthetique, 182 F. Supp. 3d 54 (S.D.N.Y. 2016).
· cites it 3× “34 C.F.R. § 100.7 (b). If OCR finds "a possible failure to comply” with the statutes it enforces, it "will make a prompt investigation” to determine "whether the recipient [of federal funds] has failed to comply.”
Weber v. Cranston Sch. Comm., 212 F.3d 41 (1st Cir. 2000).
· cites it 4× “34 C.F.R. § 100.7 (e). This regulation also applies to any right or privilege secured by the Rehabilitation Act.”
P.N. v. Greco, 282 F. Supp. 2d 221 (D.N.J. 2003).
· cites it 3× “They invoke 34 C.F.R. § 100.7 , which provides, No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege *242 secured by section 601 of the Act or this part, or because he…”
Emeldi v. Univ. of Oregon, 698 F.3d 715 (9th Cir. 2012).
· cites it 2× “The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.”
— 34 C.F.R. § 100.7(c) — 5 cases
Cain v. Esthetique, 182 F. Supp. 3d 54 (S.D.N.Y. 2016).
“34 C.F.R. § 100.7 (b). If OCR finds "a possible failure to comply” with the statutes it enforces, it "will make a prompt investigation” to determine "whether the recipient [of federal funds] has failed to comply.”
— 34 C.F.R. § 100.7(d) — 1 case
— 34 C.F.R. § 100.7(d)(1) — 1 case
Cain v. Esthetique, 182 F. Supp. 3d 54 (S.D.N.Y. 2016).
“34 C.F.R. § 100.7 (b). If OCR finds "a possible failure to comply” with the statutes it enforces, it "will make a prompt investigation” to determine "whether the recipient [of federal funds] has failed to comply.”
— 34 C.F.R. § 100.7(e) — 10 cases
Weber v. Cranston Sch. Comm., 212 F.3d 41 (1st Cir. 2000).
“34 C.F.R. § 100.7 (e). This regulation also applies to any right or privilege secured by the Rehabilitation Act.”
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