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Discrimination Complaint Form

in Form

  • Any person who believes that he or she, has been subjected to discrimination prohibited by the Americans with Disabilities Act (ADA) or Title VI of the Civil Rights Act of 1964, may file a complaint with Benton Area Transit (BAT). A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Benton County Title VI Coordinator for review and action.
  • In order to have the complaint considered under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Title VI Coordinator may extend the time for filing or waive the time limit in the interest of justice, as long as the Title VI Coordinator specifies in writing the reason for so doing.
  • Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the alleged discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of Benton County, the person shall be interviewed by the Benton County Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature
  • Within 30 days, the Benton County Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as ODOT and FTA.
  • If the Complainant is not satisfied with the outcome of the investigation, they may appeal the decision. An appeal may be initiated by advising BAT, or specifically, the Title VI Coordinator in writing or by phone call that an appeal is requested.
  • Any appeal will be heard by Benton County Benton County Public Works Director. The Complainant will be contacted for more information as to why they were not satisfied with the outcome of the Complaint. All evidence will be reviewed by the secondary investigators, and a new decision issued.
  • The recipient will advise ODOT of all allegations. Generally, the following information will be included in every notification to ODOT:
    a. Name, address, and phone number of the complainant.
    b. Name(s) and address(es) of alleged discriminating official(s).
    c. Basis of complaint (i.e., race, color, or national origin)
    d. Date of alleged discriminatory act(s).
    e. Date of complaint received by the recipient.
    f. A statement of the complaint.
    g. Other agencies (state, local or Federal) where the complaint has been filed.
    h. An explanation of the actions Benton County has taken or proposed to resolve the issue in the complaint.
    i. Within 90 days of receipt of the complaint, the Benton County Public Works Director 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 his/her appeal rights with ODOT, or USDOT, if they are dissatisfied with the final decision rendered by Benton County. The Public Works Director will also provide ODOT and/or USDOT with a copy of this decision and summary of findings upon completion of the investigation.
  • In the event the Complainant is not satisfied with the outcome of an appeal, or if he/she wished to file a complaint directly to an outside agency, contacts for the different Title VI administrative jurisdictions are as follows:
    Oregon Department of Transportation
    Office of Civil Rights
    Attn: Intermodal Civil Rights Manager
    355 Capitol Street, NE
    Salem, OR 97301
    503-986-3169
    Federal Transit Administration
    Office of Civil Rights
    Attention: Title VI Program Coordinator
    1200 New Jersey Ave.,
    SE Washington, DC 20590
    FTA Complaint procedures can also be found on the FTA web site at: www.fta.dot.gov. These procedures are also outlined in FTA Circular 4702.1A. Chapter IX. A Complainant has the right to contact these organizations directly; however, Benton County will ultimately be responsible for all initial investigation, as they have the resources and access to interview any involved employees directly.

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