Title VI and Non Discrimination

Title VI Complaint Forms: (click link to download)

The Hampton Roads Transportation Planning Organization (HRTPO) complies fully with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities.

Title VI of the Civil Rights Act of 1964 states, "No person in the United States shall, on the ground 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." Subsequent laws and Presidential Executive Orders added handicap, sex, age, or income status to the criteria for which discrimination is prohibited. The Hampton Roads Transportation Planning Organization (HRTPO) Title VI Plan was developed to ensure the HRTPO is in compliance with nondiscrimination requirements as outlined in Title 23 CFR and 49 CFR and related laws and provides specific information on how to file a nondiscrimination complaint.

This Plan also provides an overview of Environmental Justice and Limited English Proficiency (LEP) concepts, definitions of Title VI and associated nondiscrimination acts, and how Title VI, Environmental Justice and LEP are incorporated into the metropolitan transportation planning process. Environmental Justice guidelines and outreach strategies for minority, low-income, and LEP populations are included within the HRTPO Public Participation Plan, completed in the Fall of 2009.

Click here to download the Hampton Roads Transportation Planning Organization (HRTPO) Title VI Plan (PDF)

Click an image below to view the video

FHWA's Ivan Rucker comments on HRTPO's Federal Certification Review	Inaugural meeting of the Environmental Justice Roundtable	Public Meeting prior to Federal Certification Review

Non Discrimination Statement

HRTPO gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Act of 1964 and all related statutes. Title VI requires that no person in the United States of America shall, on the grounds of race, color, or national origin, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which HRTPO receives Federal financial assistance.

Please contact HRTPO to request a copy of the organization's Title VI Plan, or download the plan here.

Any person who believes that he or she has, individually, or as a member of any specific class of persons, been excluded from the participation in, been denied the benefits of, or been otherwise subjected to discrimination under any program or activity for which HRTPO provides assistance, and believes the discrimination is based upon race, color, national origin, gender, age, economic status or limited English proficiency has the right to file a formal complaint.

If a complaint addresses a particular service provider, the complaint should be lodged with that provider. A complaint must be submitted within 180 days of the alleged discriminatory act. Complaints may also be filed with the US Federal Highway Administration. If a complaint addresses HRTPO, you may file the complaint thru email, by phone or in writing.

For complainants who may be unable to file a written complaint, verbal information will be accepted by the HRTPO at (757) 420-8300.

To submit a formal complaint or to request additional information on Title VI obligations contact HRTPO at rcrum@hrtpo.org.

DISCRIMINATION COMPLAINT PROCEDURES:
HANDLING, TRACKING, RESOLVING, AND REPORTING INVESTIGATIONS/COMPLAINTS

Any individual may exercise his or her right to file a complaint with HRTPO if that person believes that s/he or any other program beneficiaries have been subjected to unequal treatment or discrimination in the receipt of benefits/services or prohibited by non-discrimination requirements. HRTPO will make a concerted effort to resolve complaints locally, using the agency’s Nondiscrimination Complaint Procedures, as described below. All Title VI complaints and their resolution will be logged as described under “Data collection” and reported immediately.

Should any Title VI investigations be initiated by FWHA or VDOT, or any Title VI lawsuits be filed against HRTPO, the agency will follow these procedures:

These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 as amended, and the Civil Rights Restoration Act of 1987, relating to any program or activity administered by HRTPO, as well as to sub-recipients, consultants, and/or contractors. Intimidation or retaliation of any kind is prohibited by law. 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. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant. 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 HRTPO may be utilized for resolution. The HRTPO will make every effort to pursue a resolution to the complaint. Initial interviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities.

Procedures

1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with HRTPO. 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:

a. Complaint shall be in writing and signed by the complainant(s).

b. Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct).

c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained-of incident.

d. Allegations received by fax or e-mail will be acknowledged and processed, once the identity(ies) of the complainant(s) and the intent to proceed with the complaint have been established. The complainant is required to mail a signed, original copy of the fax or e-mail transmittal for HRTPO to process it.

e. Allegations received by telephone will be reduced to writing and provided to complainant for confirmation or revision before processing.

f. A complaint form will be forwarded to the complainant for him/her to complete, sign, and return to HRTPO for processing.

2. Upon receipt of the complaint, the HRTPO will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint. In cases where the complaint is against one of HRTPO’s sub-recipients of federal funds, HRTPO will assume jurisdiction and will investigate and adjudicate the case. Complaints against HRTPO will be referred to FHWA or the appropriate Federal Agency for proper disposition pursuant to their procedures.

3. In order to be accepted, a complaint must meet the following criteria:

a. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.

b. The allegation(s) must involve a covered basis such as race, color, or national origin.

c. The allegation(s) must involve a program or activity of a federal-aid recipient, sub-recipient, or contractor.

4. A complaint may be dismissed for the following reasons:

a. The complainant requests the withdrawal of the complaint.

b. The complainant fails to respond to repeated requests for addition information needed to process the complaint.

c. The complainant cannot be located after reasonable attempts.

5. Once HRTPO decides to accept the complaint for investigation, the complainant and the respondent will be notified in writing of such determination within seven calendar days. The complaint will receive a case number and will then be logged into HRTPO’s records identifying its basis and alleged harm.

6. In cases where HRTPO assumes the investigation of the complaint, HRTPO will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of HRTPO written notification of acceptance of the complaint to furnish his/her response to the allegations.

7. HRTPO’s final investigative report and a copy of the complaint will be forwarded to FHWA (or appropriate Federal Agency) and affected parties within 60 calendar days of the acceptance of the complaint.

8. HRTPO will notify the parties of its final decision.

9. If complainant is not satisfied with the results of the investigation of the alleged discrimination and practices the complainant will be advised of their right file a complaint with FHWA.