Guam § 2108 - Enforcement.

§ 2108. Enforcement.

(a) Any person or organization who believes himself or herself or any

specific class of persons, or a third party acting on behalf of a person or

organization who believes himself or herself subjected to discrimination

prohibited by this Chapter may file with the Civil Service Commission a

written complaint, not later than one hundred and eighty (180) days from

the date of the alleged discrimination. Whenever a compliance review,

report, complaint or any other information indicates a possible violation of

this Chapter, the Civil Service Commission shall make a prompt

investigation. If such investigation indicates that a violation has occurred,

the Civil Service Commission shall issue a Notice of Probable Violation

setting forth the facts which constitute the violation and prescribing the

actions to be taken by the educational institution to terminate the violation.

The recipient of a Notice of Probable Violation shall, within a period pre-

scribed by regulations but not less than thirty (30) days, respond to such

notice, admitting or contesting the facts therein and agreeing or objecting, in

whole or in part, to the remedial actions requested. Within thirty (30) days

after such response, the Civil Service Commission shall arrange for a

conference with the educational institution to seek agreement to terminate

such discriminatory practices as may exist. Notice of such conference shall

be provided to the complainant who shall have the right to attend. Any such

agreement shall be written and subject to public inspection. No agreement

shall be final unless the complainant is a party to any agreement which may

result or has specifically waived such right. Any individual complainant

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shall have the right to be represented by counsel and to be accompanied or

represented by an organization which represents that employee.

No agreement under this Section which might affect the terms of an

agreement between an employee organization and the educational insti-

tution shall be reached without the concurrence of said employee

organization.

(b) If an educational institution receiving a Notice of Probable

Violation does not agree to take the remedial actions prescribed therein or

does not, in fact, take such action, the Civil Service Commission may issue

a Notice of Violation setting forth the basis for its finding that the

educational institution is in violation of this Chapter and may, acting

thereupon, terminate any or all state financial assistance to the institution.

Any action taken pursuant to this Section shall be subject to judicial review

as is otherwise provided by law.

(c) If a complaint with the Department of Education is dismissed by

the Civil Service Commission or if, within one hundred and eighty (180)

days from the filing of the complaint, the Department of Education has not

terminated government financial assistance or taken other action to remedy

discrimination, the Department of Education shall notify the complainant

and the state the reasons therefor and, within one hundred and eighty (180)

days after the giving of such notice, the complainant may bring a civil

action for damages and injunctive and affirmative relief, against the

educational institution. In the case of any successful action by a complain-

ant to enforce the provisions of this Chapter, the court shall award the costs

of the action, together with a reasonable attorney's fee, as determined by the

court to the complainant.

(d) The remedies provided by this Section shall be in addition to any

other rights of a complainant at law or in equity.