OAR 715-011-0080: Institutional Processes and Complaints to the Commission

(1) It is the policy of the Commission that persons should exhaust all available institutional processes and remedies for complaints against any school or post-secondary institution before filing a formal written complaint with the Commission. (2) If the Commission or its delegate determines that the person filing the complaint has not exhausted all institutional grievance procedures, the Commission or its delegate shall notify the complaining party and the institution that no action will be taken unless and until institutional appeals have been exhausted. If the Commission or its delegate determines that the person filing the complaint has exhausted institutional grievance procedures or that the institution has issued a final decision, the person may then file a formal written complaint with the Commission. (3) If the person filing a complaint demonstrates an objectively reasonable basis for not exhausting the available process, the Commission or its designee may receive the complaint. (4) The Commission may only receive written complaints regarding post-secondary programs, private independent non-profit colleges and universities, and private career schools for matters where the Commission’s authority is designated by statute and administrative rule. All other complaints will be referred back to the institution of origin or to appropriate state agencies or federal authorities. (5) The complaint shall be submitted in writing to the Commission or its designee and shall contain: (a) The complainant’s name, phone number, and signature; (b) School name and location; (c) A brief statement, describing the alleged violation of statute, administrative rule, or school policy including facts detailing dates of enrollment, attendance, date of occurrence(s), names, and positions of school officials contacted, financial loss, if any, and any other pertinent information; (d) An explanation of what efforts have been taken to resolve the problem with the school; and (e) Copies of pertinent documents. (6) The Commission or its designee may resolve complaints with the assistance of other parties such as the Oregon Department of Justice, the U.S. Department of Education, and other appropriate organizations and/or individuals. (7) The Commission may delegate authority or contract with outside parties to investigate the complaint, and to hold any necessary proceedings. (8) On receiving a written complaint, the Commission or its delegate shall send a copy of the complaint(s) to the President or other executive of the institution to which the complaint applies. The Commission or its delegate shall request the institution to provide the information listed below, and the institution shall provide such information within ten days unless prohibited by federal law. To the extent federal law prohibits or limits disclosure of the requested information, the institution will endeavor to provide de-identified or redacted copies of the information: (a) A copy of the institution’s grievance procedures for hearing complaints of discrimination; (b) A copy of all documents concerning the complaint and the institution’s record of the grievance proceeding; (c) A copy of the institution’s written decision; (d) The institution’s position concerning any issues raised by the complaint; and (e) Any other information the institution considers relevant. (9) Records and other information pertaining to student complaints are not subject to disclosure under Oregon public record law, ORS 192.410 to ORS 192.565.