In November 2024, the Department of Education issued a new document: “Frequently Asked Privacy-Related Questions About Filing a Complaint with OCR.”
The title is apt, and the document attempts to address the questions commonly received by OCR concerning how the information disclosed by someone filing a complaint will be used and shared.
The six-page document answers 14 questions; the answers below are summarized. Check out the full document for more details.
- Can I file a complaint anonymously? Keep in mind that OCR may be limited in its ability to open or conduct an investigation depending on the available information.
- Can someone else file a complaint on my behalf? Yes, but if the allegations are about you, you need to consent in writing to someone filing on your behalf.
- Will OCR disclose my personally identifiable information externally? Generally not, unless you consented or the disclosure is required by law.
- After I file a complaint, does OCR represent my interests or those of the school? OCR is a neutral factfinder.
- Can I withdraw my complaint? OCR may decide to continue its investigation, particularly if it involves systemic issues.
- Will my classmates know I filed a complaint? OCR generally does not disclose that information unless required by law or with your consent.
- Will the school know I filed a complaint against them? If OCR investigates the complaint, OCR will ask the school for information related to you and your complaint. If your complaint relates to someone else or to systemic issues, you generally would not be identified.
- Who does OCR contact to conduct our investigation? OCR notifies the school its conducting an investigation, and aims to speak with staff, students, and others who might have relevant information.
- Are there civil rights protections if people find out I filed a complaint? Yes; OCR prohibits discrimination, harassment, and retaliation.
- Will my personally identifiable information be released in a resolution letter? Press release? Public documents? Generally, personally identifiable information will be redacted.
- Will OCR share my personally identifiable information with other government agencies? Personally identifiable information typically would not be shared without your consent unless required by law. If another agency has jurisdiction over your complaint, it will be referred to them and you will be notified.
- Can someone request information related to my complaint from OCR? Yes, someone can make the request under FOIA, the Freedom of Information Act. Each request is assessed individually.
- What protections do I have regarding the release of my personally identifiable information in response to a FOIA or other request? The Privacy Act applies. More information is available here: https://www.justice.gov/opcl/privacy-act-1974
- Where can I learn more about filing a complaint with OCR? OCR has 12 regional offices; this link lists them: https://ocrcas.ed.gov/contact-ocr.
OCR seems to be working to address several concerns. One, someone might be less likely to make a complaint because they do not want the invasion of privacy if their information is shared. But secondly, a complainant may fear retaliation, or further retaliation, either by individuals or by their school.
OCR explains that personally identifiable information is not shared without consent unless required by law, and that any disclosures are made in accordance with FERPA, the Privacy Act, and the Freedom of Information Act. Anyone who has read an OCR resolution letter has seen the care OCR takes to refer to individuals by general terms like “Student A” and to redact information that may identify someone.
The FAQ is located here.