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Addendum 2 - Nondiscrimination Complaint Procedures for Federally Assisted Programs or Activities

These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987, and the Americans with Disabilities Act of 1990, relating to any program or activity administered by the City as to subrecipients, consultants, and contractors.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (42 U.S.C. Section 2000d).

Intimidation or retaliation of any kind is prohibited by law.

The 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.

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 Coordinator may be utilized for resolution.

Procedure

1. Any individual, group of individuals or entity believing they have been subjected to discrimination may file a written complaint with the City.  A formal complaint must be filed within 180 days of the alleged occurrence.

2. Upon receipt of the complaint, the Title VI Coordinator will determine its jurisdiction, acceptability, need for additional information, and investigative merit of the complaint.  Once the Title VI Coordinator decides the course of action for the complaint, the complainant and the respondent will be notified in writing of such determination within five working days of receipt of complaint.

3. The Title VI Coordinator will provide the respondent with the opportunity to respond in writing to the allegations made by the complainant.  The respondent will have 10 working days from receipt of notification to furnish a response to the allegations.

4.    If the complaint is against one of City’s subrecipients of federal funds, the City will have 15 working days from receipt of the complaint to advise WSDOT as to the status of the investigation.

5.    Within 60 working days of the receipt of the complaint, the investigator will prepare a written report for the Title VI Coordinator.  The report shall include a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition.

6. The investigative report and findings of the complaint will be sent to Law Department for review.

7. The recommendation shall be reviewed by the Title VI Coordinator.  The Title VI Coordinator will then discuss the report with the Seattle Office for Civil Rights Director, (Title VI Liaison).

8. Once the City completes its investigative report and finding, the complainant and respondent shall receive a copy of the investigative report and will be notified of their appeal rights.

9. Outbriefings will be scheduled with each party within 15 days of their receipt of the investigative report.

10. A copy of the complaint and the City’s investigation report will be issued to WSDOT within 60 days of the receipt of the complaint.

11. After receiving WSDOT’s comments, outbriefings will be scheduled with all relevant parties to the complaint.

12. If the complainant is not satisfied with the results of the investigation of the alleged discriminatory practice(s), s/he shall be advised of her/his rights to appeal the City’s decision to WSDOT and USDOT.  The complainant has 180 days after the City’s final resolution to appeal to WSDOT and USDOT. Unless new facts not previously considered come to light, reconsideration (appeal) by the City is not be available.