COMPLAINT / GRIEVANCE PROCEDURE
PURPOSE AND SCOPE:
This procedure will explain what will be accomplished when anyone visiting, employed, or volunteering at the Licking Bridge Builders, Inc. Senior Center or riding the Licking Bridge Builder’s transportation vans has a complaint or grievance. Every effort will be made to obtain early resolution of complaints. The option of an informal meeting(s) between the affected parties and the Licking Bridge Builder’s Director may be utilized to facilitate such resolution.
1. The complaint must meet the following requirements:
Ø The complaint should be in writing and signed by the Complainant(s). In cases where the Complainant is unable or incapable of providing a written statement, a verbal complaint may be accepted. The Licking Bridge Builder’s Director will interview the Complainant and assist the Complainant in converting verbal complaints into writing. All complaints must be signed by the Complainant or his/her representative.
Ø Include the date of the alleged act of discrimination or when the Complainant became aware of the alleged act of discrimination, the date in which the conduct was discontinued or the latest instance of the conduct.
Ø Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint.
Ø Federal and state law requires complaints be filed within 180 calendar days of the alleged incident.
2. Upon receipt of the complaint, the Licking Bridge Builders Director will determine jurisdiction, the acceptability of the complaint, the need for additional information and will assign the complaint for investigation accordingly with MoDOT.
3. The Complainant will be provided with a written acknowledgement that MoDOT has either accepted or rejected the complaint.
4. A complaint must meet the following criteria for acceptance:
Ø The complaint must be filed within 180 days of the alleged occurrence.
Ø The allegations must involve a covered basis of discrimination such as race, color or national origin.
Ø The allegation must involve a MoDOT service of a federal-aid recipient, sub-recipient or contractor.
5. A complaint may be dismissed for the following reasons:
Ø The Complainant requests the withdrawal of the complaint.
Ø The Complainant failed to respond to repeated requests for additional information needed to process the complaint.
Ø The Complainant cannot be located after reasonable attempts have been made to locate Complainant.
6. Once MoDOT decides to accept the complaint for investigation, the Complainant will be notified in writing of such determination. The complaint will receive a case number and will be logged into a database identifying the Complainant’s name and the basis for the complaint.
7. In cases where MoDOT assumes the investigation of the complaint, within 90 calendar days of the acceptance of the complaint, the Licking Bridge Builder’s Director or assigned investigator will prepare an investigative report for review by the Director of External Civil Rights. The report will include a narrative description of the incident, identification of persons interviewed, findings and recommendations.
8. The investigative report and its findings will be reviewed by the MoDOT Director or appointed designee, as well as the External Civil Rights Director and the Chief Counsel’s Office.
9. The MoDOT Director or appointed designee will make a determination on the disposition of the complaint. If it is found that MoDOT is in noncompliance with Title VI regulations remedial actions will be taken.
10. Notice of the Director’s determination will be mailed to the Complainant. The notice will include information regarding the right to appeal and instructions on how to initiate the appeal process. The notice of appeal is as follows: a. MoDOT will reconsider its initial determination if new facts are revealed. b. If the Complainant is dissatisfied with the determination and/or resolution set forth by MoDOT, the same complaint may be submitted to directly to the appropriate state or federal agency, such as the Missouri Commission on Human Rights, Equal Employment Opportunity Commission, Federal Transit Administration (FTA), Federal Highway Administration (FHWA) or Federal Motor Carrier Safety Administration (FMCSA) for investigation.
11. A copy of the complaint and MoDOT’s letter of findings will be submitted to the FTA within 120 days of the receipt of the complaint.
12. A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA.
13. Title VI investigative reports will be retained for up to three years and will be made available for compliance review audits.
COMPLAINTS / LAWSUITS AND APPEALS
How to file a Title VI Complaint with the Federal Transit Administration (FTA) Office of Civil Rights:
Any person who believes that he/she or as a member of any specific class of individuals, has been subjected to discrimination on the basis of race, color, national origin, age, sex, sexual orientation, or gender identity, with respect to MTA’s programs, activities, or services, or other transit related benefits, may file a written complaint with FTA. A complaint may be filed by the individual or by a representative. A complaint must be filed within 180 days after the date of the alleged discrimination. FTA will promptly investigate all Complaints filed under Title VI in accordance with DOT regulations 49 CFS 21.11 (b) and 21.11 (c).
A A complaint must include the following information: A complaint must be in writing and signed and dated by the complainant or his/her representative before any action can be taken. In cases where a complainant is unable or incapable of providing a written statement, but wishes FTA or DT to investigate alleged discrimination, a verbal complaint of discrimination may be made to the FTA Director, Office of Civil Right. If necessary, the Civil Right Official will assist the person in converting the verbal complaint into writing. All complains must, however, be signed by the complainant or his/her representative.
Federal Transit Administration Office of Civil Rights
Attn: Title VI Program Coordinator
East Building, 5th Floor – TCR
1200 New Jersey Avenue, S. E.
Washington, DC 20590
TTY: 1 800 877-8339
Voice: -866 377-8642
B A complaint shall state, as fully as possible, the facts and circumstances surrounding the alleged discrimination, including the date, time, and location of the incident. The complaint shall include a description of the program, activity or service on which the alleged discrimination occurred.
Once a complaint has been accepted, FTA will notify Metropolitan Transportation Authority (MTA) to respond in writing to the complainant’s allegations. Once the complainant agrees to release the complaint to MTA, FTA will provide MTA with the complaint. FTA may choose to close a complaint, if the complainant does not agree to release the complaint to MTA. FTA strives to complete a Title VI complaint investigation within 180 days of the acceptance date of a complaint.
FTA will make a prompt investigation whenever a compliance review, report, complaint or any other information indicates a possible failure to comply with Title VI Regulations. FTA’s investigation will include a review of the pertinent practices and policies of MTA, the circumstances under which the possible noncompliance occurred, and other factors relevant to a determination as to whether MTA has failed to comply with Title Vi regulations.
Following the investigation, FTA’s Office of Civil Rights will transmit to the complainant and MTA one of the following three letters based on its findings:
a Letter of Resolution: explains the steps that MTA has taken or promises to take to come into compliance with Title VI.
b Letter of Finding (Compliance): explains that MTA is found to be in compliance with Title VI. This letter will include an explanation of why MTA was found to be in compliance, and provide notification of the complainant’s appeal rights
c Letter of Finding (Noncompliance): explains that MTA is found to be in noncompliance. his letter will include each violation referenced, the applicable regulations, a brief description of proposed remedies, notice of the time limit on the conciliation process, the consequences for failure to achieve voluntary compliance, and an offer of assistance to MTA in devising a remedial plan for compliance
The letters of finding and resolution will offer the complainant and MTA the opportunity to provide additional information that would led FTA to reconsider its conclusions FTA Requests that the parties in the complaint provide this additional information within 60 days of the date of the FTA letter of finding. FTA’s Office of Civil Rights will respond to an appeal either by issuing a revised letter of resolution or finding to the appealing party, or by
informing the appealing party that the original letter of resolution or finding remains in force.
CIVIL RIGHTS COMPLAINT FORM
The Federal Transit Administration Office of Civil Rights is responsible for ensuring that providers of public transit properly implement several civil rights laws and programs, including Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA) the disadvantaged Business Enterprise (DBE) program, and the External Equal Employment Opportunity (EEO) Program.
In the FTA complaint investigation process, we analyze the complainant’s allegations for possible deficiencies by the transit provider. If deficiencies are identified, they are presented to the transit provider and assistance is offered to correct the inadequacies within a predetermined timeframe.
Please mail your completed form to:
Director, FTA Office of Civil Rights
East Building, 5th Floor - TCR
1200 New Jersey Ave., SE
Washington, DC 20590
If you have questions about how to prepare a complaint, you may contact our toll-free FTA Assistance Line at 1-888-446-4511.
NOTE: Apart from the form, on separate pages, please describe your complaint. You should include specific details such as names, dates, times, route numbers, witnesses, and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation that is relevant to this complaint, including any related correspondence from your transit provide.
IMPORTANT: we cannot accept your complaint without a signature, so please sign on the last page of them after printing out.
I believe that I have been 9or someone else has been) discriminated against on the basis of:
_____ Race / Color / National Origin
_____ Not Applicable
_____ Other (Specify)
I believe that a public transit provider has failed to comply with the following program requirements:
_____ Disadvantaged Business Enterprise
_____ External Equal Employment Opportunity
_____ Not Applicable
_____ Other (Specify)
Street Address: _______________________________________________________
City: ____________________________________ State: ________________
Zip Code: _________________
E-Mail Address: ________________________________________________________
Accessible format requirements:
Large Print: _________
Not Applicable: __________
Are you filing this complaint on your own behalf? ________Yes ___________No
[If you answered “yes” to this questions, go to Section IV).
If not, please supply the name and relationship of the person for whom you are complaining:
Please explain why you have filed for a third party:
Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party:
Have you previously filed a civil rights complaint with FTA? ____________Yes ____________No
If yes, what was your FTA Complaint Number? ____________________________________________
Have you filed this complaint with any of the following agencies?
Transit Provider __________ Department of Transportation____________
Department of Justice _____________ Equal Employment Opportunity Commission _______________
If yes, please attach a copy of any response you received to your previous complaint.
Have you filed a lawsuit regarding this complaint?__________ YES _____________ NO
If yes, please provide the case number and attach any related material.
NOTE: FTA encourages, but does not require, riders to first file complains with their local transit agencies to give them an opportunity to resolve the issue.
Name of Public Transit Provider complaint is against: __________________________________________________________
Contact Person: _______________________________ Title: ___________________________________________
Telephone Number: _______________________________
May we release your identity and a copy of your complaint to the transit provider? _______Yes ______No
Note: We may be unable to investigate your allegations without permission to release your identity and complaint.
Please sign here: ______________________________________________-
Note: we cannot accept your complaint without a signature.