Guam § 2108 - Enforcement.

Full text of Guam Guam Code Annotated § 2108 — Enforcement., with citation guidance and answers to common questions.

§ 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

COL 110609

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.

Frequently Asked Questions About Guam § 2108

What does Guam Code Annotated § 2108 cover?

Section 2108 ("Enforcement.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Guam § 2108?

A common citation format is "Guam Code Annotated § 2108" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Guam law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.

How does Guam § 2108 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Guam.