Definitions
Complainant – A person Who files a complaint with the PVMPO or person who files a complaint with MassDOT, the Federal Highway Administration (FHWA), or the Federal Transit Administration (FTA) regarding the MPO.
Complaint – Written, verbal or electronic statement concerning an allegation of discrimination that contains a request for the receiving office to take action. Where a complaint is filed by a person with a disability, the term complaint encompasses alternative formats to accommodate the complainant’s disability.
Discrimination – That act or inaction, whether intentional or unintentional, through which a person in the United States, solely because of race, color, national origin, or bases covered by other nondiscrimination authorities, such as gender, age, or disability, has been subjected to unequal treatment or disparate impact under any program or activity receiving federal assistance.
Operating Administrations – Agencies of the U.S. Department of Transportation, including the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Rail Administration (FRA), the National Highway Traffic Safety Administration (NHTSA), and the Federal Motor Carrier Safety Administration (FMSCA), that fund transportation programs or activities.
Respondent – The person, agency, institution, or organization alleged to have engaged in discrimination.
Complaint Procedures
The procedures describe an administrative process aimed at identifying and eliminating discrimination in federally funded programs and activities. The procedures do not provide an avenue for relief for complainants seeking individual remedies, including punitive damages or compensatory remuneration; they do not prohibit complainants from filing complaints with other state or federal agencies; nor do they deny complainants the right to seek private counsel to address acts of alleged discrimination.
The procedures described in this document apply to MassDOT and their subrecipients, contractors, and subcontractors in their administration of federally funded programs and activities.
The processing of discrimination complaints will follow the steps outlined below and are further detailed throughout this document.
Step 1: Complainant submits their complaint.
Step 2: MassDOT issues the complainant an acknowledgment letter.
Step 3: Complaint is assigned to, and reviewed by, an investigator.
Step 4: Investigator conducts interviews of complainants, witnesses, and the respondent.
Step 5: Investigator reviews the evidence and testimonies to determine whether a violation has occurred.
Step 6: Complainant and Respondent are issued a letter of resolution or a letter of finding and offered appeal rights.
Step 7: Once the appeal period has expired, the investigation is closed.
As part of its efforts to comply with Title VI, the MPO, as a subrecipient of federal financial assistance distributed through MassDOT, has adopted these complaint procedures. In so doing, the MPO acknowledges its obligation to afford members of the public with an opportunity to file complaints alleging violations of nondiscrimination policies in effect in the organization and applying to its programs, services, and activities. In accordance with federal guidance, the MPO, as a subrecipient of transit related funds, must understand that it has the authority to process Title VI complaints and must inform MassDOT of complaints received and the outcome of investigations as the matters are resolved.
As a subrecipient of highway-related funds, the MPO understands that it does not have the authority to investigate Title VI violation claims filed against the MPO (where the MPO is the respondent or party alleged to have violated Title VI). All such claims will be forwarded to the MassDOT Office of Diversity and Civil Rights (ODCR) to determine the appropriate investigative authority. Subrecipients of highway funding retain the right to consider Title VI violation allegations as a matter of assurance and/or internal policy compliance but are precluded from making determinations as to possible violations of Title VI. It is the MPO’s policy to communicate with ODCR’s Title VI Specialists, the Director of Title VI and Accessibility, and/or the Director of Investigations when Title VI complaints are received to ensure proper handling.
Filing of Complaints
This section details the PVMPO’s procedures for processing Title VI discrimination complaints (on the basis of race, color, or national origin, including language) and complaints alleging discrimination on the basis of additional federal nondiscrimination provisions (on the basis of age, sex, and disability). Federal law and regulations governing Title VI of the Civil Rights Act of 1964 (Title VI) places the overall coordination authority for the investigation of civil rights complaints in the United States Department of Justice, which works collaboratively with federal agencies that carry out this responsibility. In the transportation sector, this investigative authority rests with the US Department of Transportation (US DOT) and its agencies for the different modes of transportation, including the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA). In coordination with USDOT requirements, FHWA and FTA have established regulations and guidance that require recipients and subrecipients of federal financial assistance to establish procedures for processing Title VI complaints filed with these organizations.
The procedures described below, modeled on recommended complaint procedures promulgated by the US Department of Justice (US DOJ), are designed to provide a fair opportunity to have complaints addressed that respect due process for both complainants and respondents. In addition to the formal complaint resolution process detailed herein, MassDOT shall take affirmative steps to pursue informal resolution of any and all Title VI complaints, when possible.
