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MA S960

MA S960
Ensuring uniformity in education discrimination complaint procedures


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to ensure uniformity in education discrimination complaint procedures. Labor and Workforce Development.

AI Summary

This bill proposes to update procedures for handling complaints of unfair educational practices, which are defined as discriminatory actions by educational institutions. It clarifies that any student or applicant who believes they have been subjected to such a practice can file a verified complaint with the commission, which will then investigate. The bill emphasizes that informal efforts to resolve the issue through persuasion, conciliation, or mediation are confidential and cannot be used as evidence in later proceedings. A complaint must be filed within 300 days of the alleged unfair practice. If informal methods fail, the commission can issue a certification for a hearing, where the institution (the respondent) has the right to present evidence and legal counsel. The commission has the power to subpoena witnesses and compel testimony. If an unfair practice is found, the commission can order the institution to stop the practice and take other appropriate actions, potentially including awarding attorney's fees and costs to the complainant. If no unfair practice is found, the complaint will be dismissed. Parties aggrieved by a hearing officer's decision can appeal to the Full Commission.

Committee Categories

Labor and Employment

Sponsors (3)

Last Action

Accompanied a study order, see H4605 (on 09/12/2016)

bill text


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