Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY
Section 071-4-A-08 - COMMISSION DECISION UNDER NON-EMERGENCY PROCEDURE
Current through 2023-52, December 27, 2023
After considering the Investigator's Report, written submissions, if any, and other related information, the Commission will make a determination whether reasonable grounds exist to believe that unlawful educational discrimination has occurred. The Commission shall issue a Statement of Finding in support of its determination.
A. No Reasonable Grounds
If the Commission finds no reasonable grounds to believe that unlawful educational discrimination has occurred, it will enter an order dismissing the complaint. The Commission shall promptly notify the parties and provide each with a copy of its Statement of Finding.
B. Reasonable Grounds
If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, it will so notify the parties of its determination and provide each with a copy of its Statement of Finding. The Commission's Compliance Officer or her/his designee will then endeavor to resolve the matter by informal means such as conference, conciliation, or persuasion. If the matter is resolved to the mutual satisfaction of the complainant and respondent and to the satisfaction of the Commission, as evidenced in a signed written agreement between the parties, approved by a majority of the Commission, the proceeding will be dismissed upon ascertainment by the Commission's Executive Director or her/his designee that the terms of the signed agreement have been met.
C. Request for Attorney General's Opinion
If the Commission determines that it is unable to make a determination whether reasonable grounds exist to believe that unlawful educational discrimination has occurred because of legal questions it may request an Attorney General's opinion and postpone the issue and a statement of finding until receipt of an opinion. The Commissioner of Education shall be notified of any request for an opinion of the Attorney General.
D. New Investigation
If, subsequent to a finding, the Commission determines that there have been relevant factual errors or omissions of fact, that, if they are true, would likely change the finding of the Commission, it may order a new investigation of the matter. The Commission will promptly notify the parties of its decision to investigate the matter again.