Attachment C.docx

DEPARTMENT OF VETERANS AFFAIRS

OFFICE OF RESOLUTION MANAGEMENT

William S. Moorhead Federal Building 1000 Liberty Avenue, Suite 1801 Pittsburgh, PA 15222

NOTICE OF NON-COMPLIANCE (insert case number)

Date

Witness Name Address

Dear (Insert Name), On XXXXXXXXX, I sent you an e-mail message that outlined the EEO complaint filed by XXXXXXXXXXXXXXXXX against the Department of Veterans Affairs along with a notice for witnesses and/or management officials. You were identified as a VA employee and witness that may have knowledge of the Complainant’s claims. Your response is critical to the investigation and without your response, the Agency could be subjected to sanction as as outlined in the following Code of Federal Regulations:

29 C.F.R §1614.108(c)(1) indicates that the complainant, the agency, and any employee of a federal agency shall produce such documentary and testimonial evidence, as the EEO Investigator deems necessary.

29 C.F.R §1614.108(c)(3) indicates that when the complainant, or the agency against which a complaint is filed, or its employees fail without good cause shown to respond fully and in a timely fashion to requests for documents, records, comparative data, statistics, affidavits, or the attendance of witness(es)…the decision maker should…(i) draw an adverse inference that the requested information, or the testimony of the requested witness, would have reflected unfavorably on the party refusing to provide the requested information; (ii) consider the matters to which the requested information or testimony pertains to be established in favor of the opposing party; (iii) exclude other evidence offered by the party failing to produce the requested information or witness; (iv) issue a decision fully or partially in favor of the opposing party; or (v) take such other actions as it deems appropriate.

Due to time constraints for conducting federal EEO investigations, I will need to speak with you regarding this EEO complaint before the close of business on (Date). Please call me at (phone number), so that I can gain a better perspective of your knowledge of the claims as outlined in the Complainant’s EEO complaint.

Sincerely, Investigator’s Name

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