Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY
Section 071-4-A-03 - COMPLAINTS
Current through 2023-52, December 27, 2023
A. Who May File
Where the complainant is a minor or legally incompetent person, the complaint shall be filed by her/his parent or legal guardian or, if none, by the adult with whom the complainant resides and who exercises parental responsibilities.
A complaint should briefly set forth the facts and circumstances surrounding the alleged discrimination.
C. When to File
A complaint of discrimination must be filed with the Commission not more than 300 days after the act of alleged discrimination occurred.
D. Where to file
Complaints may be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051.
E. How to file
Complaints may be filed in person or by mail by filling out a form provided by the Commission and shall be under oath.
Upon request, Commission staff will assist in the preparation of the necessary complaint forms. Aggrieved persons may provide information by mail, telephone, or email. Commission staff may request that intake forms be prepared and submitted. If the information received alleges a violation of the Act, Commission staff will reduce the information to writing on the appropriate complaint form and send it to the aggrieved person to be notarized and filed with the Commission.
F. Amendment of complaints
Complaints may be amended to cure technical defects or omissions, including failure to swear to the complaint under oath before a Notary Public, or to clarify and amplify allegations made therein. Such amendments and amendments alleging additional acts that constitute unlawful practices related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.
G. withdrawal of Complaints
H. Administrative Dismissal
The Commission's Executive Director may, in her/his discretion, administratively dismiss complaints of unlawful educational discrimination for such reasons as:
Immediately following administrative dismissal, the Commission shall notify the complainant and the respondent of its action, and shall inform the complainant of her/his rights to proceed pursuant to 5 M.R.S.A. §4621 and of the right to file a separate complaint with the Commissioner of Education pursuant to 20-A M.R.S.A. §258-A and the rules and policies of the Department of Education governing the investigation and resolution of complaints of discrimination on the basis of sex.