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ADA Grievance Procedure Purpose It is the policy of Senior Services to provide an ADA grievance procedure for prompt resolution of any complaint made towards Senior Services from a person that believes that he or she has been subjected to unequal treatment or discrimination in the receipt of benefits or services.
Procedure Any individual, group of individuals, or entity that believes they have been subjected to discrimination on the basis of race, color, or national origin may file a written complaint with the Title VI Manager. The complaint is to be filed in the following manner: a. A formal complaint must be filed within 180 calendar days of the alleged occurrence. b. The complaint shall be in writing and signed by the complainant(s).
c. The complaint should include
- the complainant’s name, address, and contact information
- (i.e., telephone number, email address, etc.)
- the date(s) of the alleged act of discrimination (if multiple days, include the date
when the complainant(s) became aware of the alleged discrimination and the date on which the alleged discrimination was discontinued or the latest instance).
- a description of the alleged act of discrimination
- the location(s) of the alleged act of discrimination (include vehicle number if
appropriate)
- an explanation of why the complainant believes the act to have been
discriminatory on the basis of race, color, and national origin
- if known, the names and/or job titles of those individuals perceived as parties in
the incident
- contact information for any witnesses
- indication of any related complaint activity (i.e., was the complaint also
submitted to DRPT or FTA?) d. The complaint shall be submitted to Senior Services of Southeastern Virginia Name: Diane R. Taylor Title: Director of Human Resources Agency Name: Senior Services of Southeastern Virginia Address: 2551 Eltham Ave Suite Q City, State Zip code: Norfolk, Virginia 23513 Telephone Number: 757-461-9481 Email address: dtaylor@ssseva.org
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e. Complaints received by any other employee of Senior Services of Southeastern Virginia will be immediately forwarded to the ADA Manager. f. In the case where a complainant is unable or incapable of providing a written statement, a verbal complaint of discrimination may be made to the ADA Manager. Under these circumstances, the complainant will be interviewed, and the ADA Coordinator will assist the complainant in converting the verbal allegations to writing. 1. Upon receipt of the complaint, the ADA Manager will immediately: a. notify DRPT (no later than 3 business days from receipt) b. notify the Senior Services of Southeastern Virginia Authorizing Official (CEO) c. ensure that the complaint is entered in the complaint database 2. Within 3 business days of receipt of the complaint, the ADA Manager will contact the complainant by telephone to set up an interview. 3. The complainant will be informed that they have a right to have a witness or representative present during the interview and can submit any documentation he/she perceives as relevant to proving his/her complaint. 4. If DRPT has assigned staff to assist with the investigation, the ADA Manager will offer an opportunity to participate in the interview. 5. The alleged discriminatory service or program official will be given the opportunity to respond to all aspects of the complainant's allegations. 6. The ADA Manager will determine, based on relevancy or duplication of evidence, which witnesses will be contacted and questioned.
7. The investigation may also include
a. investigating contractor operating records, policies or procedures b. reviewing routes, schedules, and fare policies c. reviewing operating policies and procedures d. reviewing scheduling and dispatch records e. observing behavior of the individual whose actions were cited in the complaint 8. All steps taken and findings in the investigation will be documented in writing and included in the complaint file. 9. The ADA Manager will contact the complainant at the conclusion of the investigation, but prior to writing the final report, and give the complainant an opportunity to give a rebuttal statement at the end of the investigation process. 10. At the conclusion of the investigation and within 60 days of the interview with the complainant, the ADA Manager will prepare a report that includes a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition. This report will be provided to the Authorizing Official, DRPT, and, if appropriate, Senior Services of Southeastern Virginia’s legal counsel. 11. The ADA Manager will send a letter to the complainant notifying them of the outcome of the investigation. If the complaint was substantiated, the letter will indicate the course of action that will be followed to correct the situation. If the complaint is determined to be unfounded, the letter will explain the reasoning, and refer the complainant to DRPT in
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the event the complainant wishes to appeal the determination. This letter will be copied to DRPT.
12. A complaint may be dismissed for the following reasons
a. The complainant requests the withdrawal of the complaint. b. An interview cannot be scheduled with the complainant after reasonable attempts. c. The complainant fails to respond to repeated requests for additional information needed to process the complaint. 13. DRPT will serve as the appealing forum to a complainant that is not satisfied with the outcome of an investigation conducted by Senior Services of Southeastern Virginia. DRPT will analyze the facts of the case and will issue its conclusion to the appellant according to their procedures. A person may also file a complaint directly with the Federal Transit Administration, Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor – TCR, 1200 New Jersey Avenue SE, Washington, DC 20590.