(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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17 Guam Code Ann. EDUCATION
CH. 2 SEX DISCRIMINATION

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.
SOURCE: ‘11057 GC, as added by P.L. 14-46.

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