TITLE VI DISCRIMINATION COMPLAINT PROCEDURES
The objectives of the Federal Transit Administration's (FTA) Title VI program, as set forth in FTA Circular 4702.1B are:
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To ensure that decisions on the location of transit services and facilities are made without regard to race, color, or national origin; and
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To ensure that corrective and remedial action is taken by all applicants and recipients of FTA assistance to prevent discriminatory treatment of any beneficiary based on race, color, or national origin.
The purpose of Broward County Transportation Department's Title VI program is to establish and implement procedures that comply with Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, the Americans with Disabilities Acts of 1990 (ADA), as well as other related statutes and regulations.
It is the policy of Broward County that no person be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any FTA-assisted transit program, services or activity administered by Broward County Transportation Department (commonly known as Broward County Transit or "BCT") because of race, color, religion, and national origin.
COMPLAINT PROCEDURE
A. Filing of Title VI Complaints of Discrimination
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Any person who feels that he/she has been subjected to race, color, or national origin discrimination (under Title VI of the Civil Rights Act of 1964, as amended), based on transit programs and services provided by the Broward County Transit Division (BCT), may file a Title VI complaint with BCT.
- A complaint must be filed within one hundred eighty (180) days after the date of the alleged discrimination, unless the time for filing extended by the FTA.
- Complaints should be in writing, signed by the complainant or his/her representative(s), and must include the complainant(s) name, address, and telephone number. Allegations of discrimination received via facsimile or e mail will be acknowledged and processed. Allegations received by telephone will be documented in writing and provided to the complainant(s) for review before processing. The complaint form can be accessed on the website:
Broward.org/BCT, or the complainant may call (954) 357-8481, or TTY (954) 357-8301, to obtain a complaint form.
Signed complaint forms should be submitted to:
Broward County Transportation Department
Attention: Marcos Ortega
Title VI and ADA Program Coordinator 1 North University Drive, Suite 3100A Plantation, FL 33324
Email:
mortega@broward.org
B. Complaint Investigation
- Upon receipt of a signed complaint, the Director of BCT or his/her designee will, within five (5) working days, provide the complainant or his/her representative with a written acknowledgement of the complaint.
- BCT will conduct a preliminary inquiry into the complaint to determine whether the complaint has sufficient merit to warrant an investigation. Should BCT determine that the evidence presented is not sufficient to proceed, the complaint will be closed, and the complainant or his/her representative will be notified in writing of the decision within fifteen (15) working days. This notification shall specifically state the reason(s) for the decision.
- Should BCT determine that a full investigation is necessary, the complainant or his/her representative will be notified that an investigation will take place, and additional information will be requested, if necessary. The investigation should last no more than forty-five (45) working days.
- Should a complainant fail to provide additional information within the prescribed timeframe, this may be considered as a failure to cooperate with the investigation, and the complaint will be administratively closed.
C. Disposition
- Upon completion of the investigation, a written notification of disposition will be sent by certified mail to the complainant or his/her representative within sixty (60) working days of filing the complaint.
- If the complainant disagrees with the decision rendered by BCT, he/she will be notified of the right to request reconsideration within thirty (30) days, or to file a complaint with the Federal Transit Administration (FTA) Office of Civil Rights, at the following address:
Federal Transit Administration Office of Civil Rights
East Building, 5th Floor-TCR 1200 New Jersey Avenue, SE Washington, D.C. 20590
D. Retaliation
Retaliation is prohibited under Title VI of the Civil Rights Act of 1964, as amended. It is the policy of Broward County Government that persons filing a complaint of discrimination should have the right to do so without interference, intimidation, coercion, or fear of reprisal. Anyone who feels he/she has been subjected to retaliation should report such incident to the Title VI and ADA Program Coordinator, Broward County Transit, 1 North University Drive, Suite 3100A, Plantation, FL 33324; telephone number (954) 357-8481.
ADA/504 STATEMENT
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal aid recipients and other government entities to take affirmative steps to reasonably accommodate the disabled and ensure that their needs are equitably represented in the transit service and planning processes.
BCT will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. BCT will make every effort to ensure that its advisory committees and public involvement activities include representation by the disabled community and disability service groups.
BCT encourages the public to report any facility, program, service, or activity that appears inaccessible to the disabled. Furthermore, BCT will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access BCT facilities, programs, services, or activities. Because providing reasonable accommodation may require outside assistance, organization, or resources, BCT asks that requests be made at least three (3) days prior to the need for accommodation.
Questions, concerns, comments, or requests for accommodation should be made to:
Broward County Transportation Department Attention: Marcos Ortega
Title VI and ADA Program Coordinator 1 North University Drive, Suite 3100A Plantation, FL 33324
(954) 357-8481
Email:mortega@broward.org
TTY: (954) 357-8302
LIMITED ENGLISH PROFICIENCY (LEP)
Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the United States Department of Transportation (USDOT) require federal aid recipients to take reasonable steps to ensure meaningful access to programs, services, and activities by those who do not speak English proficiently. To determine the extent to which LEP services are required and in which languages, the law requires the analysis of four factors:
Factor 1: The number or proportion of LEP persons eligible in the BCT service area who may be served or likely to encounter a BCT program, activity, or service.
Factor 2: The frequency with which LEP individuals come in contact with a BCT program, activity, or service.
Factor 3: The nature and importance of the program, activity, or service provided by BCT to the LEP community.
Factor 4: The resources available to BCT and overall costs.
Persons requiring a copy of BCT's Limited English Proficiency Plan or special language assistance should contact:
Broward County Transportation Department Attention: Marcos Ortega
Title VI and ADA Program Coordinator 1 North University Drive, Suite 3100A Plantation, FL 33324
(954) 357-8481 TTY: (954) 357-8302
Email: mortega@broward.org
NOTICE OF PROTECTIONS UNDER TITLE VI
Any person(s) or group(s) who believes that they have been subjected to discrimination because of race, color, or national origin, under any transit program or activity provided by Broward County Transit (BCT), may call 954-357-8481 to file a Title VI discrimination complaint or write to Broward County Transportation Department, Title VI and ADA Program Coordinator, 1 North University Drive, Suite 3100A, Plantation, FL 33324.