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4. Designee of the Division /Institution Director, agency Director or an appropriate <br />individual shall refer all age discrimination complaints to USDA -FNS Regional <br />OCR if the complaints are Food and Nutrition Services age discrimination <br />complaints. <br />5. Designee of the Division /Institutlnn Director, agency Director or an appropriate <br />individual shall gather facts that will either support or refute the complainant's <br />allegation(s), ensuring that all relevant sources of infonnation are investigated, <br />5. Designee of the Division/Institution Director, agency Director or an appropriate <br />individual shall review and evaluate the facts gathered. <br />7. An investigation shall he conducted on all complaints that establish a prima <br />facie case of discrimination. The elements of a prima facie case may vary <br />depending on the facts of the complaint, but such elements often include the <br />followin®: <br />a. The complainant is a member of a protected class, <br />b. The complainant is qualified and eligible for a benefit or a program that <br />receives Federal financial assistance from USDA or US DHHS_ <br />c. The complainant's access to or participation in a USDA or US DHHS <br />federally funded program was harmed by the recipient's action or failure <br />to act, and <br />d. There is some evidence of recipient's actions or failure to act from <br />which, if otherwise unexplained, an inference of discrimination can be <br />drawn. <br />8. The investigation shall not exceed 30 days, absent a 15 -day extension for <br />extenuating circumstances.. <br />C. Resolution of Matters <br />1. Designee of the Division/Institution Director, agency Director or an appropriate <br />individual shall write decision letters informing the complainant of closure or <br />follow up action. Include the complainant's right to appeal to the USDA -FNS if <br />the complaint is from Food and Nutrition Services, <br />2. Designee of the DivisiWinstitution Director, agency Director or an appropriate <br />individual shall implement corrective action, when necessary. <br />3. Designee of the Division/lnstitution Director, agency Director or an appropriate <br />individual shall submit a repot to the USDA -FNS of each complaint processed, <br />13 <br />Attachment number 1 \n <br />F -9 Page 172 <br />