Complaint Procedure:

These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 (including its Disadvantage 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 a formal complaint 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 Manager may be utilized for resolution, at any stage of the process. The Title VI Program Manager will make every effort to pursue a resolution to the complaint.


Procedure:

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 GRTA’s Executive Manager. A formal complaint must be filed within one hundred eighty (180) calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complainant must meet the following requirements:
   1. Complaint shall be in writing and signed by the complainant(s).
   2. 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 the conduct was discontinued or the latest instance of the conduct.)
   3. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained of incident.
   4. 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, for GRTA to be able to process it.
   5. 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 will assume jurisdiction and will investigate and adjudicate the case. Complaints against GRTA will be referred to the Office of the Attorney General, as appropriate, for proper disposition pursuant to their procedures. In special cases warranting intervention to ensure equity, these agencies may assume jurisdiction and either complete or obtain services to review and investigate matters.
3. In order to be accepted, a complaint must meet the following criteria:
   1. The complaint must be filed within one hundred eighty (180) calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.
   2. The allegation(s) must involve a covered basis such as race, color, national origin, gender, disability or retaliation.
   3. The allegation(s) must involve a program or activity of a Federal-Aid Recipient, Subrecipient or contractor or in the case of ADA allegations, an entity open to the public.
   4. The complainant(s) must accept reasonable resolution based on GRTA’s administrative authority.
4. A complaint may be dismissed for the following reasons:
   1. The complainant(s) requests the withdrawal of the complaint
   2. The complainant(s) fails to respond to repeated requests for additional information needed to process the complaint.
   3. The complainant(s) cannot be located after reasonable attempts
5. Once GRTA decides to accept the complaint for investigation, the complainant(s) and the respondent will be notified in writing of such determination within five (5) calendar days. The complaint will receive a case number and will then be logged into GRTA’s records identifying its basis and alleged harm, and the race, color, national origin and gender of the complainant.
6. In cases where GRTA assumes the investigation of the complaint, GRTA will provide the respondent with the opportunity to respond to allegations in writing. The respondent will have ten (10) calendar days from the date of GRTA’s written notification of acceptance of the complaint to furnish his/her response to the allegations.
7. In cases where GRTA assumes the investigation of the complaint, within forty (40) calendar days of the acceptance of the complaint. GRTA’s Title VI Program Manager will prepare an investigative report for review by GRTA’s Executive Manager. The report shall include a narrative description of the incident, identification of the persons interviewed, findings and recommendations for disposition.
8. The investigation report and its findings will be sent to GRTA’s Chief Planner for review. The Chief Planner will review the report and associated documentation and will provide input to the Investigator within ten (10) calendar days.
9. Any comments or recommendations from GRTA’s Chief Planner will be reviewed by GRTA’s Planner II/Program Coordinator II. The Planner II/Program Coordinator II will discuss the report and recommendations with GRTA’s Executive Manager within ten (10) calendar days. The report will be modified as needed and made final for its release.
10. GRTA’s final investigative report and a copy of the complaint will be forwarded to the GRTA’s Planner II/Program Coordinator II within sixty (60) calendar days of the acceptance of the complaint. The Planner II/Program Coordinator II will share the report with FHWA and FTA as part of its Annual Title VI Update and Accomplishment Report.
11. GRTA will notify parties of its findings, which are subject to concurrence from GRTA’s Executive Manager. Once GRTA’s Executive Manager issues its final decision, GRTA will notify all parties involved about such determination. The GRTA’s Executive Manager final determination is not subject to all appeals.
12. The Grievance Review and Appeals Board (GRAB) will serve as the appealing forum to a complainant that is not satisfied with the outcome of an investigation conducted by GRTA. GRAB will analyze the facts on the case and will issue its conclusion to the appellant according to the procedures.