Attachment

Southern California Association of Governments

Title VI Complaint Procedures

As a recipient of federal funds from the Federal Highway Administration and the Federal Transit Administration, the Southern California Association of Governments (SCAG) is committed to ensuring that no person is excluded from participation in, denied the benefits of, or discriminated against under its projects, programs or activities on the basis of race, color or national origin, as provided in Title VI of the Civil Rights Act and Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time.

SCAG is committed to:

• Ensuring that the level and quality of regional planning is provided without regard to race, color, or national origin;
• Identifying and addressing, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations;
• Integrating into its activities an analytical process that identifies the benefits and burdens of its investments on different socioeconomic groups, identifying imbalances and responding to the analyses produced;
• Promoting the full and fair participation of individuals in low income and minority communities in regional planning and programming decision making;
• Addressing as appropriate the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations; and
• Ensuring meaningful access to programs and activities by persons with limited English proficiency.

SCAG's Executive Director and staff are responsible for carrying out SCAG's commitment to Title VI. Specifically, SCAG's Chief Counsel shall serve as SCAG's Title VI Compliance Officer and is responsible for overseeing SCAG's Title VI-related activities, including the receipt and investigation of any Title VI complaints.

The process for addressing a Title VI complaint is as follows:

1. Submission of Complaint: Any person who feels that he or she, individually, or as a member of any class of persons, on the basis of race, color or national origin, or has been subjected to discrimination prohibited under Title VI may file a written complaint with SCAG using the appropriate complaint form, a copy of which is attached as Exhibit 1 to these procedures. A complaint may also be filed by a representative on behalf of such a person. All complaints must be referred to SCAG's Chief Counsel, serving as the agency's Title VI Compliance Officer, for review and action.
   1. Such complaint must be filed within sixty (60) calendar days after the date of the alleged act of discrimination.
   2. 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. At a minimum, the complaint shall include the following information:
      1. Name, mailing address, and how to contact the complainant (i.e. telephone number, email address, etc.).
      2. Basis of complaint (i.e., race, color, or national origin).
      3. Date of alleged discriminatory act(s).
      4. How, when, where and why Complainant alleges he or she was discriminated against. Include the location, names and contact information of any witnesses.
      5. Other significant information.
2. Review of Complaint: Within ten (10) calendar days of receipt of the complaint, SCAG's Chief Counsel shall inform the Complainant in writing of the proposed action to process the complaint and advise the Complainant of other avenues of redress, such as submitting complaint with Federal Transit Administration. The Chief Counsel shall also inform SCAG's Executive Director of receipt of the complaint. Thereafter, the Chief Counsel shall investigate the Complaint, or authorize the conduct of an investigation of the Complaint. Review of the complaint shall be completed no later than sixty (60) calendar days after the date SCAG received the complaint. If more time is required, the Chief Counsel shall notify the Complainant of the estimated time-frame for completing the review. Upon completion of the review of the complaint, the Chief Counsel shall issue SCAG's written response to the Complainant, addressing the merits of the complaint and if applicable, recommending any improvements to SCAG's processes relative to Title VI, as appropriate.
3. Request for Reconsideration: If the Complainant disagrees with the written response by SCAG's Chief Counsel, he or she may request reconsideration by submitting a written request for reconsideration to SCAG's Executive Director within fourteen (14) calendar days of the date of the written response. The request for reconsideration shall be sufficiently detailed to contain any items the Complainant feels were not fully understood by the Chief Counsel. The Executive Director will notify the Complainant of his or her decision either to accept or reject the request for reconsideration within ten (10) calendar days. In cases where the Executive Director agrees to reconsider, the matter shall be re-evaluated by the Executive Director or his or her designee, and a written determination shall be made within thirty (30) days of the Executive Director's acceptance of the request for reconsideration.
4. Submission of Complaint to the Federal Transit Administration: If the Complainant is dissatisfied with SCAG's resolution of the Title VI 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 complaint process to the Federal Transit Administration, may be obtained by requesting a copy from SCAG's Chief Counsel at (213) 236-1928.