BTA Title VI Policy and Complaint Process

Monday, 24 May 2010 09:10

Click here to download the BTA Title VI Complaint Form

BTA's Title VI Policy and Complaint Process

The Butler Transit Authority (BTA) grants all citizens equal access to all its transportation services. It is further the intent of BTA, that all citizens are aware of their rights to such access. This site is designed to serve as an educational tool for citizens so that they may understand one of the civil rights laws that protect their benefit of BTA programs and services, specifically, as it relates to Title VI of the Civil Rights Act of 1964.

Title VI is a section of the Civil Rights Act of 1964 requiring that “No person in the United States shall on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”   Note that Title VI does not address gender discrimination. It only covers race, color and national origin. Other Civil Rights laws prohibit gender discrimination.

These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, for alleged discrimination in any program or activity administered by the Butler Transit Authority (BTA).

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. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the BTA may be utilized for resolution. Any individual, group of individuals or entity that believes they have been subjected to discrimination prohibited under Title VI and related statutes may file a complaint.

The following measures will be taken to resolve Title VI complaints:

1.) A formal complaint must be filed within 180 days of the alleged occurrence. Complaints shall be in writing and signed by the individual or his/her representative, and will include the complainant’s name, address and telephone number; name of alleged discriminating official, basis of complaint (race, color, national origin, sex,disability, age, limited English), and the date of alleged act(s). A statement detailing the facts and circumstances of the alleged discrimination must accompany all complaints. The BTA strongly encourages the use of a Title VI complaint form when filing official complaints. The complaint form is available on the BTA website at www.butlertransitauthority.com.  The preferred method is to file your complaint in writing using the Title VI Complaint Form, and sending it to: Title VI Coordinator Butler Transit Authority 201 South Main Street, Suite 102Butler, PA 16001

2.) In the case where a complainant is unable or incapable of providing a written statement, a verbal complaint of discrimination may be made to the BTA Title VI Coordinator. Under these circumstances, the complainant will be interviewed, and the BTA Title VI Coordinator will assist the Complainant in converting the verbal allegations to writing.

3.) When a complaint is received, the Title VI Coordinator will provide written acknowledgment to the Complainant, within ten (10) days by registered mail.

4.) If a complaint is deemed incomplete, additional information will be requested, and the Complainant will be provided 60 business days to submit the required information. Failure to do so may be considered good cause for a determination of no investigative merit.

5.) Within 15 business days from receipt of a complete complaint, the BTA will determine its jurisdiction in pursuing the matter and whether the complaint has sufficient merit to warrant investigation. Within five (5) days of this decision, the Executive Director or his/her authorized designee will notify the Complainant and Respondent, by registered mail, informing them of the disposition. a. If the decision is not to investigate the complaint, the notification shall specifically state the reason for the decision. b. If the complaint is to be investigated, the notification shall state the grounds of the BTA’s jurisdiction, while informing the parties that their full cooperation will be required in gathering additional information and assisting the investigator.

6.) When the BTA does not have sufficient jurisdiction, the Executive Director or his/her authorized designee will refer the complaint to the appropriate State or Federal agency holding such jurisdiction.

7.) If the complaint has investigative merit, the Executive Director or his/her authorized designee will instruct the Title VI Coordinator to fully investigate the complaint. A complete investigation will be conducted, and an investigative report will be submitted to the Executive Director within 60 days from receipt of the complaint. The report will include a narrative description of the incident, summaries of all persons interviewed, and a finding with recommendations and conciliatory measures where appropriate. If the investigation is delayed for any reason, the Title VI Coordinator will notify the appropriate authorities, and an extension will be requested.

8.) The Executive Director or his/her authorized designee will issue letters of finding to the Complainant and Respondent within 90 days from receipt of the complaint.

9.) If the Complainant is dissatisfied with the BTA’s resolution of the complaint, he/she has the right to file a complaint with the:
Federal Transit Administration
Region 3
1760 Market Street
Suite 500
Philadelphia, PA 19103-4124
Telephone: (215) 656-7100
Fax: (215) 656-7260