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The first stage of the program discrimination complaint process is the intake stage. At this stage, the OASCR Center for Civil Rights Enforcement determines whether your complaint meets the legal requirements to be accepted for processing. Prior to making this determination, the Center for Civil Rights Enforcement may request clarification or additional information about the complaint from you.
If your complaint is not accepted for processing, the Center for Civil Rights Enforcement will send you a letter notifying you why your complaint was not accepted, and your complaint will be dismissed. If appropriate, you will be advised of the agency you can contact for further assistance in resolving the issues.
If your complaint is accepted for processing, the Center for Civil Rights Enforcement will send you a letter notifying you of the acceptance and the next steps.
Once your complaint has been accepted, the OASCR Mission Area Liaison will assess your complaint for alternative dispute resolution (ADR). A review of all the information in your complaint will be conducted to determine what options, if any, are available to resolve your complaint. During this assessment, you may be contacted by an ADR staff member.
If the determination is that your complaint can be resolved through ADR, a Request for Resolution will be proposed to you and the USDA Mission Area/Staff Office your complaint is against. If your complaint cannot be resolved through ADR, then the complaint will be sent forward to the investigation stage.
The USDA agency your complaint is against will be required to prepare a written statement giving their position regarding your complaint. During this investigation stage, an investigator will be assigned to the complaint. The investigator will contact you, any agency employees involved, and any other appropriate individual to obtain sworn statements and documents relating to the issues in the complaint. After the complaint is investigated, a Report of Investigation will be prepared. The complaint is sent to the next stage, adjudication. By making a request under the Freedom of Information Act, the complainant may obtain a copy of the Report of Investigation after the complaint has been closed.
During the adjudication stage, the OASCR, Center for Civil Rights Enforcement will review the Report of Investigation and perform a legal and factual analysis of the complaint to determine whether discrimination occurred. Based on this analysis, a Final Agency Decision will be issued.
The Final Agency Decision will contain an analysis of the claims in the complaint as well as conclusions and findings, including whether discrimination was found.
If discrimination is found, an attempt may be made to settle the complaint or take other corrective action, as appropriate. If discrimination is not found, the complaint is closed. A copy of the Final Agency Decision will be mailed to the complainant.
If your complaint alleges discrimination based on disability, you may appeal the Final Agency Decision to the Assistant Secretary for Civil Rights (ASCR) within 90 days of receipt of the Final Agency Decision. This opportunity for appeal applies only to complaints alleging discrimination based on disability.
