This procedure applies to all external complaints relating to any program or activity administered by C-TRAN and/or its subrecipients, consultants, and contractors, filed under Title VI of the Civil Rights Act of 1964 as well as other related laws that prohibit discrimination on the basis of race, color, or national origin. Additional statutes include, but are not limited to, Section 504 of the Rehabilitation Act of 1973, and the Civil Rights Restoration Act of 1987.
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. Intimidation or retaliation of any kind is prohibited by law. Every effort will be made to resolve complaints informally at the C-TRAN level.
An individual, group of individuals, or entity who believes they have been subjected to discrimination prohibited by nondiscrimination requirements may file a written complaint with C-TRAN's Title VI Program. A formal complaint must be filed within 180 calendar days of the alleged occurrence. C-TRAN will not officially act or respond to complaints made verbally.
Filing a Complaint
Anyone wishing to file a Title VI discrimination complaint should file a written complaint including the following information:
- Name, address, and telephone number of the Complainant,
- Basis of the complaint (e.g. race, color, or national origin),
- A detailed description of the circumstances of the incident that led the Complainant to believe discrimination occurred,
- Names, addresses, and phone numbers of people who may have knowledge of the alleged incident or are perceived as parties in the complained-of incident,
- Date or dates on which the alleged discrimination occurred, and
- Other agencies where the complaint has been filed.
As an investigation moves forward, additional information may be required.
Complaints should be addressed to the following address:
C-TRAN, Title VI Program,
P.O. Box 2529, Vancouver, Washington 98668-2529.
Receipt of Complaint
C-TRAN will acknowledge receipt of the complaint by notifying the Complainant in writing. Upon receipt of the complaint, C-TRAN staff will log the complaint, determine its jurisdiction, acceptability, and request additional information, if necessary, to conduct a preliminary inquiry. A copy of C-TRAN's Title VI Complaint Procedures will be included with this acknowledgement. ·
C-TRAN will maintain a log of Title VI complaints received. The log will include the name and address of the person or group filing the complaint, the date of the complaint, the basis of the complaint, the disposition of the complaint, and the status of the complaint.
This preliminary inquiry will be conducted within 15 calendar days from the date of receipt of the complaint. If it is found that the complaint would be more appropriately reviewed by an entity other than C-TRAN, the complaint will be referred to the proper state and/or federal agency for investigation according to their Title VI complaint procedures. The Complainant will be notified in writing of the outcome of this inquiry.
If the allegations are not substantiated as a result of the preliminary inquiry, a certified letter will be sent to the Complainant and the appropriated state and/or federal agency detailing the preliminary investigation and its findings as to why the determination was made.
If the preliminary inquiry indicates that the complaint may be valid, then a full investigation will be conducted. A certified letter will be sent to the Complainant, as well as any other persons of interest named in the investigation, that an investigation has been initiated and that they should contact C-TRAN's Investigator to schedule a date, time, and place for their statement to be taken.
Within 60 days of the receipt of the complaint, C-TRAN's Investigator will prepare a written investigative report for the Executive Director, including a narrative description of the incident, identification of persons interviewed, and findings and recommendations for resolution. The investigative report will enter a finding either there is reason to believe a violation of Title VI occurred or there was no apparent violation of Title IV. As part of the finding, the Investigator shall describe the conduct which is the subject of the complaint, the scope of the investigation, and the reasons and information on which the finding is based. C-TRAN's legal counsel will also review the report and advise as the final report is prepared.
Once the investigative report is final, briefings will be scheduled with each party within 15 days. The Complainant and Respondent (if applicable) will receive copies of the final report at the briefing and will be notified of their appeal rights.
Anyone who files a Title VI discrimination complaint with C-TRAN and any witnesses who provide statements or persons who assist in the investigation whether or not a violation of Title VI is found, shall not suffer retaliation or reprisal by C-TRAN, its employees, its agents, those affiliated with, those doing business with, representing or acting on behalf of C-TRAN, including contractors, consultants, their subcontractors and sub-consultants, vendors, suppliers, and providers of service. Anyone claiming to be aggrieved under this section may also file a Title VI discrimination complaint with C-TRAN.
The Complainant may file an appeal of the finding by the Investigator. The appeal shall be submitted in writing stating the reason(s) for the appeal. Any documentation supporting the appeal must accompany the appeal. The written appeal shall be submitted to C-TRAN's Executive Office, C-TRAN, 2425 NE 65th Avenue, P.O. Box 2529, Vancouver, Washington 98668-2529 within fifteen (15) calendar days from the date of receiving the Investigator's finding.
The Complainant or their agent or representative shall have the right to withdraw the Title VI discrimination complaint at any time by submitting a notice of withdrawal of complaint to C-TRAN. Upon withdrawal of the complaint, C-TRAN will issue written notification that the complaint is closed. However, to ensure that C-TRAN is meeting its Title VI obligations, C-TRAN will investigate any Title VI complaint, even if it has been withdrawn.
The Complainant, C-TRAN, and/or Respondent may at any time settle the complaint on such terms as are acceptable to them. Upon settlement, the complaint will be closed.
Right to File Complaints with the Federal Transit Administration
Any person who believes he/she or a class of individuals have been subjected to discrimination prohibited by Title VI may file a written complaint with the Federal Transit Administration (FTA). Such a complaint must be filed no later than 180 days after the date of the alleged discrimination, unless the time for filing is extended by FTA.
The complaint process and procedures followed by FTA are outlined in FTA Circular 4702.lA. A copy of this circular may be obtained from C-TRAN.