Anyone filed an OCR complaint (US Department of Ed)?

rexkanuteh

New Member
Jurisdiction
Connecticut
I wanted to hear people's experiences with filing complaints with the US Office of Civil Rights under the Department of Education. I have had a torturous experience trying to file my case with OCR. My case is a disability-related denial of accommodation and subsequent termination because I was a graduate student whose accommodation request was ignored before I was terminated.

Usually, OCR requires a person to file their complaints within the first six months after the alleged discrimination. I failed to file my case within the first six months because I had severe mental health problems which impeded my progress with the complaint. Consequently, I filed the complaint several months late and OCR has refused to take my case even though I provided strong evidence of the mental health symptoms which delayed my complaint. I requested a lateness waiver and OCR has so far refused to grant it for over three years now.

I cannot file a private lawsuit for the discrimination because the statute of limitations has long expired and I couldn't afford a lawyer anyway. I have already tried finding pro bono lawyers and firms with no success. Thus, it seems my only option is to somehow convince OCR to change their minds and that looks rather unlikely.

What could I do to convince OCR to take the case?
If you have had an experience with OCR before in a similar context, can you please share what it's been like? I in was wondering
 
What could I do to convince OCR to take the case?
If you have had an experience with OCR before in a similar context, can you please share what it's been like? I in was wondering
If you desire to file a civil rights (education related) complaint you MUST do everything according to their process and/or protocol.

For example:

. Describe the discrimination

OCR enforces regulations that prohibit discrimination on the basis of race, color, national origin; sex; disability; and/or age.
On what basis were you discriminated against?


you MUST resolve YOUR complaint through the institution's grievance process, due process hearing, or with another agency.



Your complaint must be filed within 180 days of the discriminatory action

The laws that we enforce require that complaints be filed with our office within 180 days of the alleged discriminatory event. If any of the alleged discriminatory actions took place more than 180 days before the postmark or receipt date of this complaint, you may request a waiver of the 180-day limit.
The laws that we enforce require that complaints be filed with our office within 180 days of the alleged discriminatory event. If any of the alleged discriminatory actions took place more than 180 days before the postmark or receipt date of this complaint, you may request a waiver of the 180-day limit.

Havee you requested a waiver of the 180-day filing time limit for discrimination if you ALLEGE the discriminatory action against you occurred more than 180 days before the filing of your complaint?


8. What would you like the institution to do as a result of your complaint?

What remedy are you seeking?

Consider this:

9. Option to Participate in OCR's Early Mediation Process

OCR provides an early mediation process as an opportunity for you and the recipient institution to voluntarily resolve your complaint soon after you file it with OCR.

Mediation is a form of complaint resolution that OCR offers as an alternative to its investigative process. Mediation is an informal process in which a staff member from OCR who is trained in mediation assists the parties to reach a negotiated resolution of the complaint. The mediator does not decide who is right or wrong and does not have the authority to impose a settlement on the parties. Instead, the mediator helps the parties to find a mutually acceptable resolution to your complaint. Mediation is a strictly voluntary process. If either party does not want to participate in mediation, OCR will address the complaint through its regular processes.

If you are interested in participating in the early mediation process, you must check the box below. If you indicate your interest in early mediation by checking the box below and OCR determines that your complaint is appropriate for this process, OCR will contact you and the recipient institution and offer this resolution option. If the recipient agrees to participate in early mediation, OCR will work with you and the recipient to achieve a mutually agreeable resolution of your complaint. If the recipient does not wish to participate in early mediation, OCR will proceed with its regular processing of your complaint. If you do not indicate your interest in early mediation by checking the box below, early mediation will not be offered to you and OCR will proceed with its regular processing of your complaint.
 
I already did everything you mentioned in your response. But like I said, I did not file my case within the first 180 days primarily because I was experiencing crippling physical and mental health conditions that left me incapable of composing my complaint. I repeatedly tried to compose my complaint during those 1st 180 days but found the process extremely agitating and depressing. Consequently, my progress with the complaint stalled for several months but I persisted over time and got it done eventually. It took me an additional five months to file my complaint and it was the most painful thing I have ever done in my life. It drove me suicidal and inflicted considerable damage to my mental health which I am sure I probably will not ever fully recover from. The problem is that OCR has since refused to take my case because of the five-month lateness even though I explained the mental health reasons behind the delay. I requested the lateness waiver from OCR and they have refused to grant it nor did they bother to explain why my case did not warrant a waiver.
I provided them with my medical records showing I had surgery and also showed them my mental health records which showed the long history of the disruptive mental health symptoms that had been plaguing me since childhood. I even supplied OCR with sworn expert testimony from a forensic psychologist attesting to the crippling severity of my symptoms. To my astonishment, OCR still refused to take my case and that is the problem because they also refused to tell me why.

I did request the early mediation option but that makes no difference because they refuse to take the case at all so that point is completely moot.
I hope this clarifies the case
 
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