Montana University System
SYSTEM CIVIL RIGHTS COMPLIANCE
Perkins Program
Two-Year & Community College Education Division
MOA SITE VISIT
REVIEW MANUAL
MUS is an equal opportunity employer and educator
July 2013
TABLE OF CONTENTS
PAGE
FORWARD.....................................................................................................................
PURPOSE.......................................................................................................................
ON-SITE REVIEW ORIENTATION....................................................................................
ON-SITE REVIEW PROCESS...........................................................................................
COMMUNICATION…………………………………………………………………………………………………….
FACILITY REVIEW: OFF CAMPUS & MAIN CAMPUS……………………………………………………..
ENTRANCE INTERVIEW...................................................................................................
REVIEW OF MATERIALS & TEAM MEETINGS.................................................................
INTERVIEWS: ADMINISTRATORS, SUPPORT STAFF, FACULTY & STUDENTS………………..
EXIT INTERVIEW...........................................................................................................
MATERIALS NEEDED FOR DOCUMENTAION
Part 1 – Documents & Publications..................................................................
Part 2 – College Enrollment..............................................................................
Part 3 – Maps…………………..................................................................................
Part 4 – MOA Self-Assessment............................................................................
ON-SITE REVIEW PREPARATION CHECKLIST .................................................................
POST ON-SITE REVIEW.....................................................................................................
SUBMISSION OF VOLUNTARY COMPLIANCE PLAN...........................................................
APPENDIX
SUMMARY OF FEDERAL AND STATE LAWS AND REGULATIONS........................
SAMPLE SCHEDULE………………………………………...................................................
DEVELOPING A VOLUNTARY COMPLIANCE PLAN……………………….......................
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MOA Site Visit Review Manual
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FOREWORD
This manual is to be used by the Campus in preparation for the On-Site Review conducted by the
Montana University System. This manual was developed to inform and guide the Campus through
the necessary preparation for the review. The most crucial part of a successful On-Site Review is the
advance preparation by both the Campus and Methods of Administration (MOA) Coordinator.
This manual describes the types of materials, data, and scheduling needed to assist the On-Site
Review Team in reviewing for Civil Rights Compliance. It includes preparation checklists and
suggestions for the scheduling of interviews and communicating with staff.
If you need assistance while preparing for the On-Site Review, you may contact:
Erik Rose
MOA State Coordinator
Office of the Commissioner of Higher Education, Montana University System
P.O. Box 203201
2500 East Broadway Street
Helena, MT 59620-3201
Phone: 406-444-0608
Fax: 406-444-1469
Email: erose@montana.edu
PURPOSE OF THE ON-SITE REVIEW
The purpose of the On-Site Review is to review the campus for compliance with the following
federal laws:

Title VI of the Civil Rights Act of 1964, and its implementing regulation at 34 C.F.R.
Part 100 (Title VI), which prohibit discrimination on the basis of race, color, and
national origin by recipients of federal financial assistance;

Title IX of the Education Amendments of 1972, and its implementing regulation at 34
C.F.R. Part 106 (Title IX), which prohibit discrimination on the basis of sex in any
educational program or activity receiving federal financial assistance;

Section 504 of the Rehabilitation Act of 1973, and its implementing regulation of 34
C.F.R. Part 104 (Section 504), which prohibit discrimination on the basis of disability
by recipients of federal financial assistance;
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
Title II of the Americans with Disabilities Act of 1990, and its implementing
regulation at 28 C.F.R. Part 35 (Title II), which prohibit discrimination on the basis of
disability by public entities; and

Guidelines for Elimination Discrimination and Denial of Services on the Basis of Race,
Color, National Origin, Sex and Handicap in Vocational Education Programs, 34 C.F.R.
Part 100, Appendix B (Guidelines).
Summary of these laws can be found in the appendix. All schools receiving federal funds are
required to comply with federal nondiscrimination laws. U.S. Office of Education, Office for
Civil Rights monitors this compliance requirement.
ON-SITE REVIEW ORIENTATION
The on-site review team will contact the campus to provide an orientation conference call and
to review the process several months prior to the scheduled visit. The MOA Coordinator and
members of the on-site review team will schedule a time to meet with appropriate college staff
to be involved with the on-site review to answer questions and review materials. The
orientation will provide information about the on-site review process, including activities and
timelines defined by the Office for Civil Rights.
ON-SITE REVIEW PROCESS
The Civil Rights Review process consists of a two to three day on-site review of a college to
determine compliance with Civil Rights standards and guidelines. The following sample agenda
for a two -day on-site review provides a guide to the process.
COMMUNICATION
The System Civil Rights Compliance Review is a collaborative process between the college and
Montana University System. On-going communication between staff from the college and the
MOA Coordinator and on-site review team staff at the Office of the Commissioner of Higher
Education, Montana University System is essential for a successful review. The college is
encouraged to designate a key person to handle communications with the on-site review team
and MOA Coordinator to streamline the review process.
FACILITY REVIEW: OFF CAMPUS & MAIN CAMPUS
The college should provide a guided tour of all facilities that the college owns and leases,
including where classes are offered and students receive instruction or services. This tour
should include the Facilities Director. Tours should include a walk-through of representative
classrooms, lab, shops, auditoriums, sports facility areas, dorms, student housing,
administrative and student service areas. All restrooms are reviewed.
ENTRANCE INTERVIEW
An entrance interview will be conducted on the first day of the On-Site Review. The purpose of
this meeting is to introduce the MOA Coordinator and On-Site Review Team members to
college personnel, to acknowledge appreciation for the effort put into preparing for the visit, to
provide background information concerning the authority and components and procedures of
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the compliance review, to explain Montana University System philosophy regarding the
compliance review process, and to provide an overview of on-site activities.
The campus is encouraged to invite any staff members the administration feels would be
interested or would like more information about the On-Site Review to this meeting. The time
and location of the entrance interview should be determined by the lead campus staff and
MOA Coordinator.
The MOA Coordinator will be responsible for:
 Calling the entrance interview meeting to order
 Introducing the On-Site Review Team
Montana University System On-Site Team will be responsible for:
 Introducing themselves
 Explaining the overall plan and procedures for monitoring on-site
 Responding to questions about the Civil Rights Compliance program and/or the On-Site
Review.
The College Dean/CEO will provide an orientation to the college:
 Mission and philosophy of the college
 Brief history of the college
 College enrollment trends
 Student demographics
 Facility Review
 Review of the programs/majors offered
 Strong points and problem areas of the college and the education programs
The entrance interview is expected to take no longer than 45 minutes, depending on the
number and type of questions submitted.
REVIEW OF MATERIALS & TEAM MEETINGS
The MOA Coordinator and On-Site Team will review all documentation provided by the college
prior to the on-site visit. The Team will also review all information and documentation
provided by the college during the on-site visit to determine its compliance with applicable law.
INTERVIEWS: ADMINISTRATORS, SUPPORT STAFF, FACULTY AND STUDENTS
The on-site review team will interview a variety of college staff and students. The Sample
Interview Schedule in the appendix shows the type of interviewees that each Team Member
may be interviewing. Each Team Member will need a private office or conference room to
conduct the interviews. The On-Site Review Team will conduct both individual and group
interviews. For example, during one time slot, all team members may interview a set of staff,
and during the next time slot, each team member may individually interview a student or group
of students (See larger sample in appendix).
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Each Team Member will be asking a set of predetermined questions. Questions vary depending
on the roles of the interviewees. Team Members will also be taking notes throughout.
However, names of interviewees or specific quotes will NOT appear in any report or findings.
The college is responsible for identifying individuals to be interviewed and scheduling times
and locations. The college has the option of scheduling individuals during any of the interview
times. For example, it may be more convenient to schedule students during the three interview
times or all during the first interview time. In addition, it is important to include minorities,
individuals with disabilities, and individuals in nontraditional roles in the interviews for
employees, as well as students who do not necessarily fall into these categories.
An interview schedule should be prepared for the team should be available prior to the on-site
review. This schedule should include the Team Member name, interviewee name, position,
time, and room and building location of the interview. There may be a need to schedule
interviews at off campus locations. Interviewees should be informed of the scheduled time for
their interview and where they are to meet an on-site team member. College personnel may
need to coordinate with the MOA Coordinator and On-Site staff in scheduling these meetings to
discuss length of time, location, etc.
EXIT INTERVIEW
An exit interview, not to exceed 60 minutes, will be held on the last day of the on-site visit. The
college President, Dean or CEO will select those who attend this meeting. The On-Site Review
Team will conduct this meeting. The exit interview is designed to provide preliminary
impressions of on-site findings, highlight positive findings and review areas that will need
corrective action. The post On-Site Review activities and timeline will be reviewed, including the
preliminary and final Letter of Findings. In addition, the process to develop a voluntary
compliance plan will be reviewed.
SCHEDULING AND ARRANGEMENT CONSIDERATIONS
Plan and schedule the On-Site Review with these considerations in mind:
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Most on-site reviews will be conducted in two days. However, large multicampus colleges may be scheduled for a longer visit.
A two- to three-member team will conduct the on-site reviews.
All arrangements for the on-site review should be made prior to the time the entrance
interview is held.
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MATERIALS NEEDED FOR DOCUMENTATION
Requested materials, documents, and records should be compiled in their entirety and sent
either electronically or by mail prior to the on-site review. If materials are provided in a
physical format, the information should be organized and flagged with the appropriate
directions to the information.
One month prior to the on-site review, the following materials, documents, and records should
be compiled and assembled in the following order and provided to the on-site review team:
I.
Documents & Publications
a. College Catalog
b. Student Handbook
c. View Book
d. College Directory
e. College Organizational Chart
f. Other General Information about the College
II.
College Enrollment
a. Enrolment by Program/Major – Current year and previous two years
i. Total Enrollment
ii. Minority/Nonminority Enrollment
iii. Male/female enrollment
iv. Enrollment of students with disabilities
Major
Year
Disability
Gender
Female Male
Am Ind/
Alaska
Asian
Black
Hawaii/Pac
Islander
Hispanic
White
Unknown
Total
Current
Last Yr.
2 yrs.
III.
IV.
Maps
a. Campus & Building Maps
b. Color coded college map showing date each building was constructed, with date
of any remodeling/alterations
c. Map of all parking lots showing the date each lot was resurfaced or restriped
i. Total # of parking spaces per lot
ii. Total # of handicapped parking spaced per lot
iii. Total # of van accessible parking spaces per lot
MOA Self-Assessment
a. Completed self-assessment packet along with supporting documentation
b. Note: Supporting documentation should be cataloged and attached to the end SelfAssessment, or in the most efficient manner possible. Information does not need to
be duplicated. If the same information is recommended for multiple sections of the
checklist, indicate where the information is located in the other section.
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ON-SITE REVIEW PREPARATION CHECKLIST
This checklist is designed to aid key campus staff directly responsible for coordinating activities of the
on-site review for Civil Rights Compliance in Career and Technical Education Programs. It entails all
arrangements that must be made prior to the date the on-site review is conducted. This checklist is
not inclusive and is intended to aid in preparation only.
HAVE YOU . . . ?
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Assembled and labeled, as indicated, the necessary materials, documents and records and
sent them to the review team?
Prepared maps or layouts of the buildings and locations involved for the on-site review team?
Arranged for the Entrance and Exit Interviews (location/time)?
Consulted the appropriate administrator for the selection of staff members you want to
attend the Entrance and Exit Interviews and informed them of the date/location/time?
Selected a person (the On-Site Coordinator) to call the Entrance and Exit Interview meetings
to order and provide additional information requested?
Informed the person(s) selected of their assigned task(s)
Contacted the MOA Coordinator/On-Site Review Team to inform of the time and location of
the Entrance Interview meetings?
Reserved a work-space for the On-Site Review Team that includes access to a Wi-Fi
connection?
Notified the college staff in general that an on-site review will be conducted and informed
them of what to expect?
Identified the appropriate staff and students that are to be interviewed (see below) and
prepared a time schedule allowing 45 minutes per interview?
Notified the following individuals to inform them of the scheduled time and place of
interviews?
College President, Dean or CEO
Academic Affairs & Student Services Administrator
Title VI Coordinator or Affirmative Action Officer
Human Resource Director
Facilities Director
Counselors (female, male)
Counselor for Disabled Students
Title IX Coordinator
Section 504 Coordinator
Special Needs Coordinator
Financial Aid Officer
Faculty - Occupational & General Education (minority, disabled, and male-female)
Students
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POST ON-SITE REVIEW
A Preliminary Letter of Findings (LOF) will be provided to the college within 30 days of the On-Site
Review. The Preliminary LOF will discuss the initial findings of the on-site review and will provide the
compliance status of each of the standards/guidelines reviewed. The Preliminary LOF will identify the
standard/guideline, state the compliance status, describe the rationale for the compliance status and
identify recommended corrective action. All the findings are based on the review of materials,
interviews, observations and tour of the facilities.
The college will have 30 days to review and respond to the Preliminary LOF. The college will correct
any inaccuracies or provide additional information to clarify a finding. In some instances items that
need corrective action may have been corrected. The Preliminary LOF will be changed to reflect the
input from the college.
A Final LOF will be sent to the college within 15 days of receipt of the feedback from the Preliminary
LOF. The Final LOF becomes the official findings of the On-Site Review and will need to be included in
your Biennial Report to the U.S. Department of Education - Office for Civil Rights.
The college has 60 days following the date of the final Letter of Findings to develop a Voluntary
Compliance Plan (VCP). Compliance plans are written using the recommended format and shall
address how the specific non-compliance item will be corrected or remediated. The plans will define
the action to be taken, timelines, personnel responsible, technical assistance needs, and monitoring
and evaluation results/outcomes. Information on how to develop a VCP is in the appendix.
SUBMISSION OF VOLUNTARY COMPLIANCE PLAN
Within the required time response (45-60 calendar days), a draft of the VCP should be submitted to:
Erik Rose, MOA Coordinator
Office of the Commissioner of Higher Education (OCHE)
PO Box 203201
Helena, MT. 59620
erose@montana.edu
When the draft is received, OCHE staff will review the document. OCHE staff may recommend
modifications to the plan. In this case, the institution will be consulted regarding modifications.
OCHE staff will issue a letter of acceptance of the VCP within 30 days of receipt.
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Appendix
SUMMARY OF FEDERAL AND STATE LAWS AND REGULATIONS
SAMPLE ON-SITE REVIEW AGENDA
DEVELOPING A VOLUNTARY COMPLIANCE PLAN
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SUMMARY OF FEDERAL AND STATE LAWS AND REGULATIONS
Summary of Federal and State Laws and Regulations
Prohibiting Discrimination in Educational Institutions and Agencies and State Government
Title VI of the Civil Rights Act of 1964
[Pub.L. 88-352, Title VI, §601, 78 Stat.252, 42 USCA §2000d]
Title VI of the Civil Rights Act prohibits discrimination against students on the grounds of race, color,
or national origin in programs receiving federal funds. Title VI and related case law prohibits
discrimination on the basis of race in student admissions, access to courses and programs, and
student policies and their application. They also require the provision of bi-lingual instruction or
some other method of compensating for students of limited English speaking ability. Title VI covers
any institution or agency receiving federal funds. Most education activities of the recipient agency or
institution are covered, even some activities or programs not in direct receipt of federal funds. Title
VI is enforced by the Office for Civil Rights of the U.S. Department of Education.
Title IX of the 1972 Education Amendments
[Pub.L. 92-318, Title IX, §§901,902, 86 Stat.373, 374, 20 USCA §§1681, 1682]
Title IX prohibits discrimination on the basis of sex against students and employees of education
programs and activities receiving federal funds. Nearly all elementary, secondary and postsecondary
institutions are covered under this legislation. The Title IX regulations prohibit sex discrimination in
the areas of programming and employment. Title IX is enforced by the Office for Civil Rights of the
U.S. Department of Education.
Section 504 of the 1973 Rehabilitation Act
[Pub.L. 93-112, as amended by the Rehab. Act Amendments of 1974, Pub.L. 93-516, 29 USC §794; 20
USCA §1405, 20 USCA §794]
Section 504 prohibits discrimination on the basis of disability in employment and programming by all
recipients of federal financial assistance. Section 504 is enforced by the Office for Civil Rights of the
U.S. Department of Education.
Americans with Disabilities Act of 1990
[Pub.L. 101-336, 104 Stat.327, 42 USC §12101 nt]
The ADA’s essence rests in its prohibition against the exclusion of people from jobs, services,
activities, or benefits based on disability. To that end, the ADA’s five sections, or titles, cover
employment, state and local governments and transportation, public accommodations,
telecommunications, and miscellaneous provisions.
Title I of the ADA covers the employment relationship. Effective July 26, 1992, Title I prohibits
employers with 25 or more employees (the threshold dropped to 15 employees on July 26, 1994)
from discriminating against otherwise qualified job applicants and workers who have disabilities or
become disabled. The job application process, the hiring decision, promotions, training, and wages
are all covered by the title.
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Title II of the Act, covering “public entities” (state and local governments) and transportation, extends
the prohibition of discrimination in programs receiving federal funds established by Section 504 of
the Rehabilitation Act (29 USC 794) to all public entities, whether or not they receive federal financial
assistance.
Title III of the ADA requires that places of public accommodation and commercial facilities be
accessible to people with disabilities. Commercial facilities under Title III are defined as nonresidential facilities, including office buildings, factories, and warehouses, whose operations affect
commerce.
Title IV of the ADA amends the Communications Act of 1934 (47 USC 151 et seq.) to provide for
telecommunications relay services for hearing- and speech-impaired individuals and to provide
closed-captioning of public service announcements.
Title V is the catchall title of the ADA. It includes provisions on accessibility standards, as referenced
in Title III; enforcement provisions; attorney’s fees; insurance issues; relationship to other laws;
coverage of Congress; and, among other things, the publication of technical assistance manuals by
federal agencies.
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Sample On-Site Review Agenda
Day I
On-Site Review Team Arrives on Campus
8:00 a.m.
Entrance Interview
8:30 a.m.
Interview Set I (Individuals)
Erik Rose – 2 Administrators, 2 Deans (CTE)
Sue Jones – CTE Faculty (3)
Karin Jansen – Financial Aid Director, Financial Aid Officer
9:15 a.m.
Break
10 a.m.
Interview Set II (Group)
Title IX/Section 504 Coordinator
ADA Coordinator
Human Resources Director
10:15 a.m.
Interview Set III (Group)
5 CTE Students
11:15 a.m.
Lunch
12:15 p.m.
Facility Tour, Part I
1:30 p.m.
Wrap Up
4:30 p.m.
Day II
Interview Set IV (Group)
Marketing Director
Public Relations Staff
Webmaster
8:15 a.m.
Interview Set V (Individual)
Erik– Minority CTE Student(s)
Sue – Disabled CTE Student(s)
Karen – Non-Trad CTE Student(s)
9:15 a.m.
Break
10 a.m.
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Interview Set IV (Group)
Registrar
Admissions Staff
Enrollment Services
10:15 a.m.
Interview Set V (Group)
Advisors
Career Counselors
Student Services Staff
11:15 a.m.
Lunch
12:15 p.m.
Facility Tour, Part II
1:30 p.m.
Wrap Up
4:30 p.m.
Day III
Exit Interview
9:15 a.m.
Additional Facility Review (If needed)
10:15 a.m.
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Developing a Voluntary Compliance Plan
Definition
A Voluntary Compliance Plan (VCP) is a written plan developed by the institution outlining the exact
procedures and actions it will take to correct items or issues identified during the on-site monitoring
visit. All corrective items to be addressed are included in a Letter of Findings (LOF) sent by the
Montana Office of the Commissioner of Higher Education MOA Coordinator.
Timeline for Submission
Institutions have a maximum of 60 calendar days following the date on the cover letter for the Letter
of Findings to submit a VCP. Technical assistance for the development and implementation of the
Voluntary Compliance Plan will be provided by OCHE staff and will be available upon request.
Procedure for Development
An individual or team representing the institution will develop the VCP. If the team approach is used
suggested members include: administrators, counselors, CTE/Academic Faculty and any other
pertinent staff. Approval by the local administrative board or entity is recommended.
Components of a Compliance Plan
The following information must be included in a VCP:
1.) Name of the Institution
2.) Date of submission of the plan
3.) Identification of each non-compliance item identified in the LOF as needing corrective action
4.) Statement of OCHE’s recommendation(s) for compliance
5.) Statement of planned action to be taken in order to comply
a. Identification of activities/steps, such as specific tasks that must be accomplished in
order to complete the planned corrective action
b. Timeline(s), including the date(s) each activity/step will begin and be completed
c. Person/position responsible to initiate and monitor the implementation of the tasks or
activities
6.) Monitoring & Evaluation – Identification of tangible examples, products or outcomes which
can be examined and assessed by OCHE staff to determine whether the institution has made
changes or provisions necessary for complying (pictures, etc.)
7.) Signature of institution President/CEO
Note:
 Action items identified in VCPs should be completed as soon as possible, with no item taking
more than two years to compete
 Every VCP must include all items listed above
 If using sample below, a separate page should be used for each non-compliance item.
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SAMPLE OCHE
CIVIL RIGHTS VOLUNTARY COMPLIANCE PLAN
Institution:
Submission Date:
Non-Compliance Guideline/Standard:
OCHE Recommended Corrective Action:
Institution Planned Corrective Action:
Corrective Action Plan
Activity/Steps
Beginning Date
Completion Date
Person/Position
Responsible
Monitoring & Evaluation
Tangible
Outcomes/Products
Signature:
(College Dean/CEO)
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