Title VI Complaint Procedures
Title VI and ADA Discrimination Complaint Procedures
Introduction
The Oregon International Port of Coos Bay (the Port) has established this ‘Complaint of Discrimination’ Procedure as a mechanism for the review and resolution of allegations of discrimination. These procedures apply to complaints filed under Title VI of the Civil Rights Act of 1964 and The Americans with Disabilities Act (ADA) which prohibit discrimination based on race, color, age, religion, sex, disability, genetic information, or national origin in any program or activity administered by the Port or its sub‐recipients, consultants and/or contractors. Retaliation or intimidation of any kind is also prohibited by law.
These procedures do not negate or limit the right of the complainant to file formal complaints with other state or federal agencies. These procedures are part of an administrative process that does not provide for remedies such as compensatory damages for the complainant.
The Port is responsible for conducting counseling and investigations of alleged incidents of discrimination. The complainant, the individual making a complaint, is advised of his/her rights under State and Federal laws and is given a copy of this procedure.
Complaint Basis
Allegations must be based on issues involving race, color, national origin, or disability. The term basis refers to the complainant’s protected group status. A Protected Group is a group of people with common characteristics who are legally protected from discrimination based on that or those characteristic(s). Protected Group categories and definitions relevant to this procedure:
| Category | Definition | Example |
|---|---|---|
| Race | The perception based on physical characteristics that a person is a member of a racial group. | Black, White, Native American / Indian. |
| Color | The color and/or shade of skin within a racial group. | Black, white, dark or light brown, etc. |
| National Origin | A group of people who share a common language, culture, ancestry and/or other social characteristics. Includes discrimination based on heritage or country of original citizenship. Also includes discrimination based on language or accent. | Cuban, Vietnamese, Mexican. |
| Disability | A disability is an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. | An individual with a visual impairment, or who uses a mobility device like a wheelchair. |
Complaint Process
Any individual or group of individuals who believe that he/she or they have been subjected to discrimination prohibited by Title VI and ADA nondiscrimination procedures based on race, color, age, religion, sex, disability, genetic information, or national origin (including Limited English Proficiency (LEP)) may file a written complaint to the Port. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.
The complaint must meet the following requirements:
- Be made in writing, submitted via the Port website at www.portofcoosbay.com, or submitted electronically to TitleVI@portofcoosbay.com
- Be submitted on the ‘Title VI and ADA Discrimination Complaint Form’ found at www.portofcoosbay.com/title-vi and signed by the complainant(s);
- Include the full name and address(es) of the complainant(s);
- Include the date(s) of the alleged act(s) of discrimination;
- Include the full name(s), job title(s), and work address(es) of the accused party(ies), if known;
- Include a detailed description of the alleged act(s) of discrimination (specify all issues and circumstances of the alleged discrimination);
- Identify the basis of the complaint (i.e. race, color, national origin, LEP, disability, etc.); and
- Include the name(s), address(es), and telephone number(s) of any person who may have knowledge of the alleged incident.
For complaints to be accepted, they must be filed within 180 days of the alleged act of discrimination; meet the above procedures for filing; and allegations must be based on issues pertaining to race, color, age, religion, sex, disability, genetic information, or national origin (including Limited English Proficiency).
A complaint may be dismissed if the complainant requests the withdrawal of the complaint; the complainant does not respond to requests for information on or before the date indicated in the request; or the complaint is not timely filed.
In cases where a complainant cannot provide a written complaint, assistance will be provided by the Port. However, all complaints must be signed by the complainant or its legal designee. A signature provided by a legal designee must be accompanied by written permission from the complainant.
Complaint Investigation
1. Following the receipt and review of the complaint, the Port’s assigned Title VI Coordinator or a designee will issue a letter acknowledging receipt of the complaint within 5 business days.
2. Upon receipt of a complaint, prior to implementation of (or at any time during) a formal investigation, the Port’s assigned Title VI Coordinator may explore opportunities for resolution. If a resolution is reached, the Port’s assigned Title VI Coordinator should request that the complainant request closure of the complaint based on his/her/their satisfaction with said resolution.
3. If a resolution without an investigation is not an option, within 5 business days of receiving the complaint, the Port’s assigned Title VI Coordinator will coordinate an investigation. Pending the circumstances, the investigation may be conducted internally or by a third party.
4. The Port’s assigned Title VI Coordinator will notify all involved parties (complainant and offender) of the outcome of the investigation in writing. The notification shall advise the complainant of his/her/their rights to and procedure for filing a request for reconsideration.
5. Should the complainant elect to appeal the decision, he/she/they must do so in writing to the Port’s assigned Title VI Coordinator within ten (10) business days after receipt of the complaint resolution proposed by the Port’s assigned Title VI Coordinator. Failure to appeal within this period shall be interpreted as acceptance of this resolution.
6. The Port’s assigned Title VI Coordinator will review the case to determine what, if any additional information is needed. If additional information is required from the complainant, he/she will be provided reasonable advance notice of a meeting and will be advised of his/her/their right to present relevant information at that time.
7. The Port’s assigned Title VI Coordinator will render a written decision regarding the appeal, no later than thirty (30) business days from the date of the filing of the appeal which will be sent to the complainant. Should this decision differ from the findings of the investigation, it will also be sent to all parties involved. The decision of the Port’s assigned Title VI Coordinator is final. However, this does not preclude the complainant from pursuing other means of resolution under federal and/or state law.
8. All records of complaints and dispositions thereof shall be maintained and regularly reviewed by the Port’s assigned Title VI Coordinator who will pay particular attention to the detection of any patterns in the nature of the complaints. All such records shall be retained on a strictly confidential basis, except where disclosure is required by law.