Or. Admin. Code § 715-011-0085 - Determination

(1) The Commission or its delegate shall review the written record to determine the following:

(a) Whether the institution has sufficient policies and procedures in place to prohibit the type of discrimination alleged in the complaint, prevent its reoccurrence and redress its effects;

(b) Whether the institution followed those policies and procedures appropriately;

(2) Following review of the record, the Commission or its delegate shall take one or more of the following actions:

(a) Issue a dismissal of the complaint upon a finding that the institution properly followed its policies and procedures;

(b) Recommend mediation if both parties are willing to participate in mediation;

(c) Remand the complaint to the institution for prompt resolution upon a finding that the institution has not followed its policies and procedures appropriately;

(d) Issue an order with findings that the institution has failed to implement adequate policies or procedures necessary to prevent, redress and remediate the type of discrimination alleged in the complaint. In that event, the Commission may issue a finding immediately or may require the institution to submit a corrective action plan that addresses the identified deficiencies within 30 days of the issuance of the order.

(3) Upon a finding that the institution has failed to adopt and effectively implement policies and procedures to prevent discrimination and retaliation, prevent its reoccurrence and redress its effects, the Commission will issue a final order requiring compliance within 30 days. If the institution does not comply within 30 days, the Commission shall order appropriate remedies that may include:

(a) Prescribing the adoption and implementation of appropriate policies and procedures and a plan for monitoring compliance for a period of time not to exceed one year;

(b) Withholding all or part of each quarterly payment of state funding;

(c) Daily fines assessed against the institution;

(d) Full or partial restitution to the complainant;

(e) Other appropriate remedies as authorized by rule or statute.

(f) A monetary sanction imposed under this rule shall not exceed the amount of legislatively appropriated funds received by the institution or division against which it is assessed. No monetary sanction in excess of $10,000 shall be assessed without approval of the Commission.

(4) The Commission or its delegate shall enter a final order in writing within 30 days of the filing of the complaint to the Commission unless both parties agree to extend the time or the Commission or its delegate finds there is good cause for an extension of time. Should the Commission or its delegate find that an extension of time is warranted, written notice of the allowed extension of time shall be delivered to all the parties within 30 days after the complaint was filed.

(5) The Commission's delegate shall keep the full Commission informed of the number and type of formal complaints that are pending or have been resolved on a regular basis. The delegate shall report any final orders issued at the next regular Commission meeting following issuance of the order.

(6) In addition to any penalty or remedy described in this section, the Commission may refer any complaint to another agency or authority as appropriate.

Notes

Or. Admin. Code § 715-011-0085

HECC 1-2018, adopt filed 01/04/2018, effective 1/4/2018

Statutory/Other Authority: ORS 345.240, ORS 348.603, ORS 350.075, ORS 659.855 & ORS 659.860

Statutes/Other Implemented: ORS 350.075, ORS 345.120, ORS 648.596 & ORS 659.850