Title VI of the Civil Rights Act of 1964
The CIL is committed to ensuring that no person is excluded from participation in, denied the benefits of, or discriminated against with respect to its programs, services or activities on the basis of race, color, creed, national origin, sex or age, as provided in Title VI of the Civil Rights Act and 49 Code of Federal Regulations Section 5332.
The CIL is committed to:
· Identifying the needs of low-income and minority populations so that their needs may be addressed wherever possible;
· Promoting the full and fair participation of individuals in low-income and minority communities when making decisions about what programs and services to offer and how to implement those programs and deliver those services;
· Striving to ensure meaningful access to programs, services and activities by persons with limited English proficiency; and
· Complying fully with the requirements of Title VI and the Department of Transportation’s and Federal Transit Administration’s implementing regulations, policies, guidelines, and circulars.
The CIL’s Executive Director, Deputy Director and staff are responsible for carrying out The CIL’s commitment to Title VI. The CIL’s Deputy Director is responsible for overseeing The CIL’s Title VI-related activities, including the receipt and investigation of any Title VI complaints.
TITLE VI COMPLAINT PROCEDURE
As a recipient of federal dollars, The CIL is required to comply with Title VI of the Civil Rights Act of 1964 and ensure that services are provided on a non-discriminatory basis. The CIL has in place a Title VI Complaint Procedure, which outlines a process for local disposition of Title VI complaints and is consistent with guidelines found in the Federal Transit Administration Circular 4702.1A, dated May 13, 2007. The CIL’s Title VI Complaint Procedure has five steps, outlined below:
1. Submission of Complaint: Any person who feels that he or she, either individually or as a member of any class of persons, on the basis of race, color, national origin, or low-income status has been excluded from or denied the benefits of or subjected to discrimination under any The CIL program or activity receiving any federal financial assistance may file a written complaint with the Deputy Director. Such complaint must be filed within 60 calendar days after the date the person believes the discrimination occurred. Upon request, The CIL will provide complainant with a Title VI Complaint Form to facilitate and simplify the submission of a written complaint.
2. Referral to Review Officer: Upon receipt of the Complaint, the Deputy Director shall appoint one or more staff review officers, as appropriate, to evaluate and investigate the Complaint. The staff review officer(s) shall complete their review no later than 45 calendar days after the date The CIL received the Complaint. If more time is required, the Deputy Director shall notify the Complainant of the estimated time-frame for completing the review. Upon completion of the review, the staff review officer(s) shall make a recommendation regarding the merit of the Complaint and whether remedial actions are available to provide redress. Additionally, the staff review officer(s) may recommend improvements to The CIL’s processes relative to Title VI as appropriate. The staff review officer(s) shall forward their recommendations to the Deputy Director for concurrence. If s/he concurs, s/he shall issue The CIL’s written response to the Complainant.
3. Request for Reconsideration: If the Complainant disagrees with the response, he or she may request reconsideration by submitting the request, in writing, to The CIL’s Executive Director within 10 calendar days after receipt of the response. The request for reconsideration shall be sufficiently detailed to contain any items the Complainant feels were not fully understood by the Deputy Director. The Executive Director shall notify the Complainant of his or her decision either to accept or reject the request for reconsideration within 10 calendar days. In cases where the Executive Director agrees to reconsider, the matter shall be returned to the staff review officer(s) to re-evaluate in accordance with Paragraph 2, above.
4. Appeal: If the request for reconsideration is denied or if the reconsidered response remains unsatisfactory to the Complainant, the Complainant may appeal the Executive Director’s denial or reconsidered response by submitting a written appeal to The CIL’s Board of Directors no later than 10 calendar days after receipt of the Executive Director’s written decision rejecting reconsideration or written reconsidered response.
5. Submission of Complaint to the Federal Transit Administration: If the Complainant is dissatisfied with The CIL’s resolution of the Complaint, he or she may also submit a complaint to the Federal Transit Administration for investigation. In accordance with Chapter IX, Complaints, of FTA Circular 4702.1A, such a complaint must be submitted within 180 calendar days after the date of the alleged discrimination. Chapter IX of the FTA Circular 4702.1A, which outlines the Federal Transit Administration’s complaint process, may be obtained by requesting a copy from the Metropolitan Transportation Commission’s Public Information Office at (510) 817-5787.
This notice is posted on The CIL’s website (www.cilberkeley.org) and in areas that are accessible to the public at the following The CIL sites: (1) 3075 Adeline Street, Suite 100, Berkeley, CA 94703, (2) 2490 Mariner Square Loop Suite 210, Alameda, CA 94501, and (3) 1470 Fruitvale Avenue, Oakland, CA 94601.