This document lays out the process the Central Connecticut Regional Planning Agency (CCRPA) follows to address complaints, while ensuring due process for complainants and respondents. This process does not preclude CCRPA from attempting to resolve complaints informally.
This Appeals Process applies to all complaints filed under Title VI of the Civil Rights Act of 1964, Executive Order 12898 regarding Environmental Justice, and Executive Order 13166 regarding Limited English Proficiency relating to any federally-funded program. or activity administered by CCRPA or its subrecipients, consultants, and contractors. The process does not deny the right of the complainant to file complaints with other state or federal agencies, or to seek private counsel for complaints alleging discrimination. It does not include punitive damages or compensatory remuneration for the complainant. Intimidation or retaliation of any kind is prohibited by law.
CCRPA will make reasonable efforts to obtain early resolution of complaints at the lowest level possible. The option of informal mediation between the affected parties and CCRPA’s Title VI Coordinator may be utilized for resolution at any stage of the process. The Title VI Coordinator will make reasonable efforts to pursue a resolution to the complaint.
Procedure for Filing a Formal Title VI, Environmental Justice, or Limited English Proficiency Complaint with CCRPA
- Any person who believes s/he has been subjected to discrimination prohibited under Title VI, Executive Order 12898, and/or Executive Order 13166 may file a complaint with CCRPA’s Title VI Coordinator. The Coordinator will determine the jurisdiction of the complaint, acceptability, the need for additional information, and investigate the merit of the complaint. Complaints against CCRPA should be referred to the Title VI Coordinator for proper disposition. In cases in which the complaint is against one of CCRPA’s subrecipients of federal funds, CCRPA may assume jurisdiction to investigate and adjudicate the case. CCRPA may provide itself or obtain services to review or investigate matters.
- In order to be accepted, a formal complaint must meet the following criteria:
- The complaint must be in writing and signed and dated by all complainant(s).
- The complaint must be filed within 180 calendar days of the alleged occurrence(s) or when the alleged discrimination became known to the complainant.
- The complaint must be filed no later than 5 years after the alleged occurrence(s).
- The allegation(s) must involve a covered basis such as race, religion, color, national origin, or sex.
- The allegation(s) must involve an MPO-related program or activity of a Federal-aid recipient, subrecipient, consultant, or contractor.
- The complainant must accept reasonable resolution based on CCRPA’s administrative authority (reasonability to be determined by CCRPA).
- The formal complaint must include:
- The location and date of the alleged act of discrimination.
- The date when the complainant became aware of the alleged discrimination.
- Identity of the person(s) alleged to have discriminated against the complainant, including job titles of the person(s), and the organizations represented by the person(s).
- A detailed description of the incident.
- The Title VI Coordinator shall notify the complainant and MPO Appeals Committee in writing within 21 calendar days of receipt of the complaint. The complaint will receive a case number and all information pertaining to the case will be logged into CCRPA’s records.
- The notification shall include a determination of complaint acceptance. Complaints failing to meet criteria 2(a) through (f) shall be deemed nonjusticiable and dismissed accordingly.
- A complaint may also be dismissed for the reasons listed below.
- The complainant requests the withdrawal of the complaint.
- The complainant fails to respond to repeated requests for addition information needed to process the complaint.
- The complainant cannot be located after reasonable attempts.
- The complaint is frivolous or harassing.
- In cases where the Title VI Coordinator accepts a complaint and assumes its investigation (or appoints an investigator):
- The Coordinator or investigator shall provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 14 calendar days from the date of the Title VI Coordinator’s written notification of receipt of the complaint to furnish his/her response to the allegations.
- The Coordinator or investigator shall prepare an investigative report that includes a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition.
- The investigative report shall be sent to the MPO Appeals Committee and CCRPA’s Executive Director. The Appeals Committee and Executive Director will review the report and associated information and will provide feedback to the Investigator within 60 calendar days. The report will be modified as needed and made final for its release.
- CCRPA will notify the parties of its final decision.
- CCRPA’s final investigative report and a copy of the complaint shall be forwarded to the Office of Civil Rights or equivalent office at the relevant federal agency (e.g., FHWA, FTA) within 7 calendar days of final report completion.
- If the complainant is not satisfied with the results of the investigation and final report, he or she will be advised of the right to appeal to the U.S. Department of Transportation (USDOT). The complainant has 180 calendar days after CCRPA’s final resolution to appeal to USDOT. Unless the facts not previously considered come to light, reconsideration of appeal to CCRPA will not be available
Conflict of interest stipulations
- Should the complaint allege discrimination by the Title VI Coordinator against the complainant, the MPO Appeals Committee shall appoint an Ad Hoc Coordinator to investigate and address the complaint. The complainant and Ad Hoc Coordinator shall follow the process laid out above, with the temporary Coordinator standing in for the Title VI Coordinator.
- Should the complaint allege discrimination by specific members of the MPO Appeals Committee, those members shall recuse themselves. Should recusals render a quorum of the MPO Appeals Committee impossible, the Central Connecticut Regional Planning Agency Board shall serve in lieu of the Committee.
Questions and comments may be directed in writing to CCRPA’s Title VI Coordinator at:
225 N Main St Ste 304
Bristol, CT 06010-4993
CCRPA’s Transportation Committee serves as its MPO Appeals Board, except for ADA Paratransit-related complaints, where the Agency's ADA Paratransit Committee shall serve that function.