ADA Complaint Process & Procedure

Title VI Policy Statement

It is the policy of the Sowega Council on Aging (SCOA) that no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of the SCOA as provided by Title VI of the Civil Rights Act of 1964 and related statutes.

This policy applies to all operations of the SCOA, including its contractors and anyone who actson behalf of the SCOA. This policy also applies to the operations of any department or agency to which the SCOA extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.

Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination.

Examples of prohibited types of discrimination based on race, color, or national origin include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired;and Discrimination in employment.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator isauthorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.

Sowega Council on Aging Title VI Complaint Process

I. Purpose

The Sowega Council on Aging's complaint process covers complaints filed by an individual or group of individuals under Title VI of the Civil Rights Act of 1964, relating to any planning process, program or activity administered by the SCOA. The process does not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel.

II. Definitions

Title VI of the Civil Rights Act of 1964: No person in the United States shall, on the grounds of race, color,or national origin, be excluded from participation in, be denied benefits of, or be subjected todiscrimination under any program or activity receiving federal financial assistance.

Complaint: Any verbal or written communication received by the Office of the Director from members of the public referencing a general complaint regarding the inequitable distribution of benefits, services,amenities, programs or activities financed in whole or in part with federal funds is perceived as an informal charge. A complaint is further defined as any written complaint by an individual or group seeking to remedy perceived discrimination by policies, practices or decisions, which have an adverseimpact resulting in inequitable distribution of benefits, services, amenities, programs or activitiesfinanced in whole or in part with federal funds.

III. Responsibility

The AAA Director of the SCOA is responsible for Title VI and has designated Kimberly Smith, Community and Facilities Program Manager, as the Title VI Officer.

IV. Filing

A complaint should be filed within 180 days of the alleged incident. Complaints may be filed with the SCOA Title VI Officer via the contact information on the form.

Complainant may also file a complaint directly with the applicable funding agencies listed below:

  • Federal Transit Administration: Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor- TCR, 1200 New Jersey Ave., SE, Washington, DC 20590
  • The Director, Civil Rights Center (CRC) U.S. Department of Labor, 200 Constitution Avenue ,Room N-4123, Washington, DC 20210 or electronically as directed on the CRC Web site at www.dol.gov/crc.
  • Centralized Case Management Operations, U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington, D.C. 20201

V. Intake and Processing

  • Any SCOA employee may receive a verbal or written communication of a concern and shall direct the complainant to report the concern directly to one of SCOA’s designated Title VI Officers. Contact information is provided on SCOA’s website.
  • All complaints will be assigned a tracking number upon completion of the complaint form. An investigation will occur unless there is omission of facts which could establish intentional unequal treatment, or the complainant is not a primary beneficiary of the federal funding received by SCOA.
  • If a determination is made that the matter is outside the scope of Title VI, notification will beprovided complainant in writing within 10 working days of receipt of complaint.
  • If the matter is determined to be within the scope of Title VI, the Title VI Officer will notify thecomplainant and begin an investigation within 10 working days of receipt of the complaint.

VI. Investigation, Determination and Recommendation

  • The Title VI Officer, in consultation with the affected department, will conduct an investigation inclusive of the following steps: the basis of the alleged unequal treatment; ascertain when and where the alleged unequal treatment occurred; identify and interview all relevant parties, review documents; and obtain other factual information from appropriate sources.
  • A record of all discussions will be maintained and documents relating to the investigation retained in a confidential file by Title VI Officials.
  • Based upon conclusion of a thorough investigation, a report will be prepared summarizing findings and suggesting appropriate corrective action, along with a proposed resolution.
  • The investigation will be conducted and completed within 60 days of receipt of the formal complaint.
  • The investigative report will be submitted to the SCOA AAA

VII. Communications of Findings and Complaint Resolution

  • The AAA Director of the Sowega Council on Aging will accept, reject, or modify the investigative report.
  • Written notification will be provided to the complainant of the findings and proposed resolution within 30 days.

      VIII. Appeal

      The complainant may appeal to the Executive Committee of the Sowega Council on Aging.

      Sowega Council on Aging is committed to enforcing the provisions of Title VI of the Civil Rights Act of 1964 and taking positive and realistic affirmative steps to ensure the protection of rights and opportunities for all persons affected by its programs, services, and activities.

      ADDITIONAL RESOURCE LINKS