Office for Civil Rights Releases FAQ Guidance Focused on Privacy and Filing Complaints with OCR

November 14, 2024, U.S. Department of Education's Office for Civil Rights (OCR) released the new guidance document Frequently Asked Privacy-Related Questions About Filing a Complaint with OCR.

OCR states the document "is intended to respond to questions frequently raised to the U.S. Department of Education (Department), Office for Civil Rights (OCR) by individuals who file complaints and/or contact OCR for technical assistance."

The questions included in the document include the following:

  • Question 1: Can I file a complaint anonymously?
  • Question 2: Can someone (e.g., a lawyer or advocacy group) file a complaint on my behalf?
  • Question 3: Will OCR disclose my personally identifiable information externally?
  • Question 4: After I file a complaint, does OCR represent my interests or those of the school?
  • Question 5: Can I withdraw my complaint?
  • Question 6: Will my classmates know I filed a complaint?
  • Question 7: Will the school know I filed a complaint against them?
  • Question 8: Who does OCR contact to conduct our investigation?
  • Question 9: Are there civil rights protections if people find out I filed a complaint?
  • Question 10: Will my personally identifiable information be released in a resolution letter? Press release? Public documents?
  • Question 11: Will OCR share my personally identifiable information with other government agencies?
  • Question 12: Can someone request information related to my complaint from OCR?
  • Question 13: What protections do I have regarding the release of my personally identifiable
    information in response to a FOIA or other request?
  • Question 14: Where can I learn more about filing a complaint with OCR?

Interested in File an OCR Complaint?

There is no limit on who can file a complaint. Anyone can file—and they can file for themselves or on behalf of someone else.

OCR has a strict timeline. You must file within 180 days of the event that is the focus of the complaint. OCR does have an option to request a waiver to the timeline if "good cause" is made.

Complaints may be filed via OCR's online complaint submission form or by filling out and mailing OCR's fillable PDF form to OCR.

When filing a complaint, you must fill out and file a consent form with OCR.

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