28.610—Conduct of investigations.
(a) Periodic compliance reviews.
The designated agency official (or designee) shall
from time to time review the practices of
recipients to determine whether they are complying
with these Title IX regulations.
(b) Complaints.
Any person who
believes himself or herself or any specific class
of individuals to be subjected to discrimination
prohibited by these Title IX regulations may by
himself or herself or by a representative file
with the designated agency official (or designee)
a written complaint. A complaint must be filed not
later than 180 days from the date of the alleged
discrimination, unless the time for filing is
extended by the designated agency official (or
designee).
(c) Investigations.
The
designated agency official (or designee) will make
a prompt investigation whenever a compliance
review, report, complaint, or any other
information indicates a possible failure to comply
with these Title IX regulations. The investigation
should include, where appropriate, a review of the
pertinent practices and policies of the recipient,
the circumstances under which the possible
noncompliance with these Title IX regulations
occurred, and other factors relevant to a
determination as to whether the recipient has
failed to comply with these Title IX
regulations.
(d) Resolution of matters.
(1)
If
an investigation pursuant to paragraph (c) of this
section indicates a failure to comply with these
Title IX regulations, the designated agency
official (or designee) will so inform the
recipient and the matter will be resolved by
informal means whenever possible. If it has been
determined that the matter cannot be resolved by
informal means, action will be taken as provided
for in § 28.615.
(2)
If an investigation does not warrant action
pursuant to paragraph (d)(1) of this section the
designated agency official (or designee) will so
inform the recipient and the complainant, if any,
in writing.
(e)
Intimidatory or retaliatory acts
prohibited. No recipient or other person shall
intimidate, threaten, coerce, or discriminate
against any individual for the purpose of
interfering with any right or privilege secured by
Title IX or these Title IX regulations, or because
he or she has made a complaint, testified,
assisted, or participated in any manner in an
investigation, proceeding or hearing under these
Title IX regulations. The identity of complainants
shall be kept confidential except to the extent
necessary to carry out the purposes of these Title
IX regulations, including the conduct of any
investigation, hearing, or judicial proceeding
arising under these Title IX regulations.