Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY
Section 071-4-A-06 - EARLY RESOLUTION SETTLEMENT
Current through 2023-52, December 27, 2023
A. Settlement Discussion
After notification and prior to a determination of whether there are reasonable grounds to believe that unlawful educational discrimination has occurred, the Commission's Compliance Officer or her/his designee will engage in a settlement discussion. The Compliance Officer will encourage written agreements between the parties to resolve the matter.
B. Early Resolution
Prior to a determination by the Commission of whether there are reasonable grounds to believe that unlawful discrimination has occurred, if the matter is resolved to the mutual satisfaction of the complainant and respondent and to the satisfaction of the Commission's Executive Director or her/his designee, the Executive Director or her/his designee shall have the authority to sign any settlement agreement on behalf of the Commission, together with the parties. When the Commission agrees in any negotiated settlement not to process that complaint further, the Commission's agreement shall be in consideration for the promises made by the other parties to the agreement. The complaint will be dismissed by the Executive Director or her/his designee upon ascertainment that the terms of the agreement have been met.
B-1. In the alternative, the Commission's Compliance Officer or her/his designee may facilitate a settlement between the parties resulting in the withdrawal of the complaint pursuant to 4-A.03(G).
The content of these predetermination discussions and any final settlement agreement are confidential and may not be disclosed, or used in any subsequent civil or criminal proceeding, without the written consent of the parties, except in a civil action filed by one party alleging a breach of the settlement agreement. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate settlement.