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Report of Investigation (ROI) Issuance Letter - Mixed-Case



Appendix 14


Certified Mail Return Receipt Requested

(Docket Number)

Address

Dear Addressee:

The Report of Investigation (ROI) and Summary regarding your complaint of discrimination XXX-XX-XXX is enclosed for your review and retention. Although there is no pledge of confidentiality for witnesses submitting sworn statements, such statements and other related documents contained in the ROI are not public documents and may not be disclosed. You are requested to safeguard this information and use it only in connection with the processing of your Equal Employment Opportunity (EEO) complaint.

The matters raised in your complaint are appealable to the Merit Systems Protection Board (MSPB). Therefore, your complaint is considered a mixed-case. As such, you will be issued a final agency decision on the merits of your case within 45 days by the Director, Office for Equal Opportunity, Office of the Secretary.

After you receive the final agency decision, you have appeal rights to the MSPB. If you decide to appeal this decision, you may bring your allegation of discrimination to the attention of the MSPB. You may appeal this decision within 30 days of receipt in accordance with 5 C.F.R. 1201 Subpart D, in person or by mail to:
 

    Merit Systems Protection Board
    Appropriate Address

In lieu of an appeal to the MSPB, you may file a civil action in an appropriate United States District Court within 30 calendar days of receipt of the final decision.

If you file an appeal with the MSPB and you are not satisfied with the MSPB's decision, you may file a civil action in a United States District Court within 30 calendar days of receipt of the MSPB's final decision.

You may also file a civil action anytime after 120 calendar days from the date of filing an appeal with the MSPB, if there has been no final decision by the MSPB.

Upon request, the Civil Rights Act and the Rehabilitation Act give the Court discretionary authority to appoint an attorney without payment of fees or costs by you. The grant or denial of your request is within the sole discretion of the Court. Your request and the civil action must be filed within 30 days of the date the final decision is received. Please note that the Age Discrimination in Employment Act contains no specific provision for a court-appointed attorney.

If you file a civil action involving this complaint, you must specifically name the Secretary of the Department of the Interior, Gale Norton, as the defendant. Failure to do so may result in the loss of any judicial redress to which you may be entitled. It is important to note that 29 C.F.R. 1614.410 states "Filing of a civil action under 1614.408 or 1614.409 shall terminate MSPB processing of the appeal. If private suit is filed subsequent to the filing of an appeal, the parties are requested to notify the MSPB in writing."

                                                                                        Sincerely,
 

                                                                                        Bureau EO Officer
 

Enclosure - ROI

cc:    Complainant's Representative Complaint File