Title VI Discrimination Complaint Procedures

Title VI of the Civil Rights Act of 1964 prohibits federal agencies and sub-recipients of federal funds from discriminating, on the basis of race, color or national origin, against participants or clients of programs that receive federal funding. Succeeding laws and Presidential Executive Orders added sex, age, income status and disability to the criteria for which discrimination is prohibited. As a sub-recipient of federal assistance, the GWRC and FAMPO has adopted a Discrimination Complaint Procedure as a part of its Nondiscrimination Plan to comply with Title VI and associated statutes.

Title VI Discrimination Complaint Form

In order to process your complaint, the form muse be completed in its entirety. Assistance is available upon request. Please complete the form, and mail or deliver to:

George Washington Regional Commission
Attn: Title VI Coordinator
406 Princess Anne St.
Fredericksburg, VA 22401

Title VI Discrimination Complaint Form

Procedures

1. Any individual or group of individuals who believes they or a specific class of persons were subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, as amended, or any nondiscrimination authority, may file a complaint with GWRC. All complaints will be referred to the Title VI Coordinator for review and action. 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:
   1. The complaint shall be in writing and signed by the complainant(s). Written complaints can use the GWRC Discrimination Complaint Form (see Appendix B), but are not required to use the form.
      1. Complaints may be filed by e-mail, mail, fax, or in person.
      2. If a person makes a verbal complaint (received by telephone or in person) of discrimination to an officer or employee of GWRC, the Title VI Coordinator shall interview the complainant. If necessary, the Title VI Coordinator will assist the complainant in putting the complaint in writing and submit the written version of the complaint to the complainant for signature. The complaint shall then be handled in the usual manner.
   2. The complaint shall include the following information:
      1. The date of the alleged act of discrimination (the date in which the conduct was discontinued or the latest instance of the conduct or the date when the complainant(s) became aware of the alleged discrimination) and whether the alleged discrimination is on-going.
      2. The complainant’s contact information, including, if available, full name, postal address, phone number, and email address.
      3. The name(s) of the specific person(s) and agency(ies)/organization(s) alleged to have discriminated.
      4. The basis of the complaint (e.g., race, color, national origin, sex, age, income status, disability).
      5. A detailed description of the alleged discriminatory actions, including names and job titles of the individuals perceived as parties in the incident and sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives federal financial assistance.
      6. Complainant’s signature.
2. For the complaint to be accepted, the complaint must meet the following criteria:
   1. The complaint must be filed within 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, natural origin, sex, age, income status, or disability.
   3. The allegation(s) must involve a program or activity of a federal-aid recipient, subrecipient, or contractor, or, in the case of Americans with Disabilities Act (ADA) allegations, an entity open to the public.
3. Within 10 days of receipt of the complaint, the Title VI Coordinator will acknowledge receipt of the allegation in writing, inform the complainant of action taken or proposed action to process the allegation, advise the respondent of their rights under Title VI and related statutes, and advise the complainant of other avenues of redress available, such as VDOT and FHWA.
4. Within 10 days of receipt of the complaint, a letter will be to the appropriate parties based on the source of funding for the program, activity, or service, as indicated below. This letter will list the names of the parties involved, the basis of the complaint, and the assigned investigator.
   1. For FHWA-funded programs, a letter will be sent to the VDOT Central Office, Civil Rights Division, and a copy to the FHWA Virginia Division Office and FHWA headquarters.
5. Generally, the following information will be included in every notification to the VDOT Office of Civil Rights:
   1. Name, address, and phone number of the complainant.
   2. Name(s) and address(es) of alleged discriminating official(s).
   3. Basis of complaint (e.g., race, color, national origin, sex, age, income status, disability).
   4. Date of alleged discriminatory act(s).
   5. Date complaint received by GWRC.
   6. Statement of the complaint.
   7. Other agencies (federal, state, or local) where the complaint has been filed.
   8. Explanation of the actions GWRC has taken or proposed to resolve the issue in the complaint.
6. Within 60 days of receipt of the complaint, the Title VI Coordinator will conduct and complete an investigation of the allegation and, based on the information obtained, render a recommendation for action in a report of findings to the Executive Director. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings.
7. Within 90 days of receipt of the complaint, the Title VI Coordinator will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of their appeal rights with VDOT or the FHWA, if they are dissatisfied with the final decision rendered by GWRC. GWRC’s Title VI Coordinator will also provide the VDOT Civil Rights Central Office with a copy of the determination and report findings.
8. In the case of a complaint against the GWRC, a VDOT investigator will prepare a final investigative report and send it to the complainant, respondent (GWRC person listed), Title VI Coordinator, and FHWA Virginia Division.
9. In the case that a nondiscrimination complaint that originated at GWRC is turned over to and investigated by VDOT, FHWA, or another agency, the GWRC Title VI Coordinator will monitor the investigation and notify the complainant of updates, in accordance with applicable regulations and VDOT policies and procedures.
10. Pursuant to the Virginia Public Records Act (VPRA) § 42.1‐76 et seq., GWRC will retain written complaints and a log of all complaints filed with or investigated by GWRC (see Appendix C).
11. Records of complaints and related data will be made available by request in accordance with the Virginia Freedom of Information Act (FOIA).