(a) Any settlement agreement knowingly and voluntarily
agreed to by the parties, reached at any stage of the complaint process,
shall be binding on both parties. Final action that has not been the
subject of an appeal or a civil action shall be binding on the Board.
If the complainant believes that the Board has failed to comply with
the terms of a settlement agreement or decision, the complainant shall notify the
Board’s EEO programs director, in writing, of the alleged noncompliance
within 30 days of when the complainant knew or should have known of
the alleged noncompliance. The complainant may request that the terms
of the settlement agreement be specifically implemented or, alternatively,
that the complaint be reinstated for further processing from the point
processing ceased.
8-509
(b) The Board shall resolve the matter and respond
to the complainant, in writing. If the Board has not responded to
the complainant, in writing, or if the complainant is not satisfied
with the Board’s attempt to resolve the matter, the complainant may
appeal to the Commission for a determination as to whether the Board
has complied with the terms of the settlement agreement or decision.
The complainant may file such an appeal 35 days after he or she has
served the Board with the allegations of noncompliance, but must file
an appeal within 30 days of his or her receipt of the Board’s determination.
The complainant must serve a copy of the appeal on the Board and the
Board may submit a response to the Commission within 30 days of receiving
notice of the appeal.
8-510
(c) Prior to rendering its determination, the Commission
may request that the parties submit whatever additional information
or documentation it deems necessary or may direct that an investigation
or hearing on the matter be conducted. If the Commission determines
that the Board is not in compliance with a decision or a settlement
agreement, and the noncompliance is not attributable to acts or conduct
of the complainant, it may order such compliance with the decision
or settlement agreement, or, alternatively, for a settlement agreement,
it may order that the complaint be reinstated for further processing
from the point processing ceased. Allegations that subsequent acts
of discrimination violate a settlement agreement shall be processed
as separate complaints under section 268.105 or section 268.204, as
appropriate, rather than under this section.
