Title VI Complaint Procedure
Title VI Complaint Procedure
Any person who believes that s/he individually, as a member of any specific class, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, as amended, may file a written complaint with SWT. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to Erik Hansen, SWT’s CEO for review and action.
In order to have the complaint considered under this procedure, the complainant must file the complaint no later than 180 calendar days after:
- The date of the alleged act of discrimination; or
- The date when the person(s) became aware of the alleged discrimination.;
- Where there has been a continuing course of conduct, the date on which that conduct was discontinued.
SWT may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for doing so.
Complaints shall be in writing (download the form below) 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 claimed discrimination. In the event that a person makes a verbal complaint of discrimination to a Board member or employee of SWT, the person shall be interviewed by the CEO or his/her designee. If necessary, the CEO or his/her designee will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall be handled in the usual manner.
Within 10 business days, the CEO or his/her designee 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 the Federal Transit Administration (FTA). Please note that in responding to any requests for additional information, a complainant’s failure to provide the requested information may result in the administrative closure of the complaint.
The complaint should include the following information:
- Name, address, and phone number of the complainant.
- Names and address(es) (if known) of alleged discriminating official(s).
- Basis of complaint (i.e., race color, national origin, sex, age, disability).
- Date of alleged discriminatory act(s).
- Date of complaint received by SWT.
- A statement of the complaint.
- Other agencies (State, local or Federal) where the complaint has been filed.
The investigation will be conducted in a full, fair and impartial manner by the CEO or his/her designee. Results of the investigation will be presented to the SouthWest Transit Commission for a determination. Every effort will be made to respond to the Title VI complaints within 60 working days of receipt of such complaints. Complaints will be determined to be:
- Substantiated (confirmed)
- not substantiated (alleged) or
- inconclusive (no substantiated findings were found)
Following the investigation, SWT will send a final written response letter to the complainant identifying the final determination. In the letter notifying the complainant that the complaint is not substantiated, the complainant will be advised of his or her right to:
- Appeal within (5) business days or receipt of the final written decision and/or
- File a complaint externally with the U.S. Department of Transportation and/or the FTA.
In addition to the complaint process described above, a complainant may file a Title VI complaint with the following offices:
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor – TCR
1200 New Jersey Ave., SE
Washington, DC 20590
As noted above, within 60 working days, the CEO or his/her designee will conduct and complete an investigation of the allegation, and based on the information received, will render a recommendation for action in a “Report of Findings,” including an explanation of the actions SWT has taken or proposed to resolve the issue raised in the complaint. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the Report of Findings.
Should a formal process be required, the complainant has the right to be represented by an attorney or other representative of his/her own choosing. A date/ time will be scheduled to accommodate the right of the complainant to bring witnesses and present testimony and evidence. As with the informal process, within 60 days, the CEO will conduct and complete an investigation of the allegation and based on the information obtained, will render a recommendation for action in a “Report of Findings,” including an explanation of the actions SWT has taken or proposed to resolve the issue raised in the complaint.
Within 90 calendar days of receipt of the complaint, the Chief Executive Officer or his designee 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 if they are dissatisfied with the final decision rendered by SWT.
The Title VI complaints are to be submitted in writing to:
Erik Hansen
CEO
SouthWest Transit
14405 W 62nd St
Eden Prairie, MN 55346
Or
ehansen@swtransit.org
Complaints can be mailed directly to the address or emailed to the email address, above. For complaints submitted by email, an original, signed copy of the complaint must be mailed to the CEO as soon as possible, but no later than 180 calendar days from the alleged date of discrimination.
All complaints alleging discrimination based on race, color, or national origin in a service or benefit provided will be directly addressed by SWT and shall also provide appropriate assistance to complainants, including those persons with disabilities, or who are limited in their ability to communicate in English. In addition, Executive Order 12898 (Environmental Justice) prohibits discrimination based on income status. Additionally, SWT shall make every effort to address all complaints in an expeditious and thorough manner.