OBJECTIVE:

It is the intent and objective of the Guam RegionalTransit Authority that the Grievance Review and Appeals Procedures will provide for:

1. The prompt and equitable resolution of complaints alleging any action prohibited by the
   U.S. Department of Transportation regulations implementing Title II of the ADA, that no otherwise qualified disabled individual shall solely by reason of disability be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity sponsored by the Guam Regional Transit Authority.
2. Resolving any action, directly or indirectly caused by GRTA, its service provider, or another individual that may adversely affect the safe and efficient transport of a passenger.
3. Resolving complaints at the local level without requiring the complainant to resort to the Federal Complaint Procedures.

 

Guam Regional Transit Authority (GRTA) Complaint Procedures and Form

Complaint Procedures

These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 (including its Disadvantaged Business Enterprises (DBE), and Equal Employment Opportunity (EEO) components), Section 504 of the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1987, and the Americans with Disabilities Act of 1990, relating to any program or activity administered by GRTA or its subrecipients, consultants, and or contractors. Intimidation or retaliation of any kind is prohibited by law.

These procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant.

Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the Title VI Program Coordinator II may be utilized for resolution, at any stage of the process The Title VI Program Coordinator II will make every effort to pursue a resolution to the complaint

Procedures

1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with the Executive Manager. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements:
   • Complaint shall be in writing and signed by the complainant(s).
   • Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct).
   • Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained of incident.
   • Allegations received by fax or e-mail will be acknowledged and processed, once the identity(ies) of the complainant (s) and the intent to proceed with the complaint have been established. For this, the complainant is required to mail, fax or email a signed, original copy in order for GRTA to be able to process it. 
   • Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing. A complaint form will be forwarded to the complainant for him her to complete, sign, and return to GRTA for processing.
2. Upon receipt of the complaint, the Program Coordinator II will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint. In cases where the complaint is against one of GRTA's sub-recipients of federal funds, GRTA

Scope: Standard Operating Procedure (SOP) for Resolving Complaints that Provide for Equitable and Prompt Resolution of Disability-Related Complaints

Purpose: To equitably and promptly resolve disability-related complaints
 

Procedure:

1. All complaints must be in written form and submitted to the Executive Manager to the following address: Guam Regional Transit Authority, P.O. Box 2896 Hagatna, Guam 96932
   Or fax to: (671) 475-4600
2. All complaints shall be processed promptly and discussed for resolution within three (3) days, but not longer than five (5) days from the date and time the complaints are received by GRTA’s Transportation Supervisor (TS);
3. The complainant shall fill out Part I. Complainant Information of the attached GRTA Consumer Compliant Form by indicating their full name, current address, and contact number;
4. The complainant shall write out Part II Nature of Complaint by describing in detail the nature of   complaint and by indicating the exact date and time of the incident. Complainant shall also indicate the full name and contact number(s) of any witnesses who observed the incident.
5. The complainant shall fill in Part III. Operational Information by specifying the exact date and time of the incident, the vehicle plate number, the driver full name, and the service component that is involved in the incident: GRTA Administration, dispatch, paratransit, fixed route.
6. GRTA’s TS shall answer Part IV. Findings and Course of Action Taken by investigating and gathering information of the incident from GRTA third party contractors. GRTA’s TS shall indicate the detailed results of the investigation in the findings section of Part IV. In addition, GRTA’s TS shall describe in detail the decision on the investigation inside the box with the heading Course of Action Taken;
7. GRTA’s TS who takes the complaint shall sign the box with the heading Name of Person Taking Complaint;
8. GRTA’s TS shall indicate the correct date and time, when the incident was reported to the third-party contractors;
9. GRTA’s TS shall provide the finding and decision to GRTA’s Executive Manager for review and approval prior to completing Part V. Status. Upon approval of the GRTA’s Executive Manager, GRTA’s TS shall acknowledge that the complaint was resolved and indicate the exact date and time, when it was resolved;
10. Should the complainant be unsatisfied with the outcome of an investigation conducted by GRTA, the Grievance Review and Appeals Board (GRAB) will serve as the appealing forum. GRAB will analyze the facts of the case and will issue its conclusion to the appellant according to their procedures.