Nondiscrimination policy and grievance procedure.

Purpose

Landforce is committed to creating and maintaining a community that is free from all forms of discrimination, including harassment, failure to accommodate, intimidation, and retaliation for participation in civil rights protected activity. Landforce prohibits all forms of discrimination and retaliation and is committed to providing equal access to educational and employment opportunities for all individuals.

For language assistance or disability accommodation in reviewing this policy, please contact Tricia Dougherty, tricia@landforcepgh.org.

In accordance with federal policy for funding recipients, Landforce has established an official grievance procedure to ensure prompt and fair resolution of complaints alleging violations of Title VI, Section 601 of the Civil Rights Act of 1964 (which prohibits discrimination based on race, color, or national origin, including language), Section 504 of the Rehabilitation Act of 1973 (which prohibits discrimination based on disability), Title IX of the Education Amendments of 1972 (which prohibits discrimination based on sex in education programs or activities), and the Age Discrimination Act of 1975 (which prohibits discrimination based on age) in the administration of Landforce’s programs and activities.

The grievance procedure is intended to address allegations of discrimination in which individuals feel they have been excluded from Landforce’s activities, benefits, services or programs on the basis of:

• Age
• Ancestry
• Color
• Disability
• Ethnicity
• Gender identity
• National origin
• Pregnancy
• Sex
• Sexual orientation
• Race
• Religion
• Veteran status

The grievance procedure provides a process for filing a timely complaint to the proper authority and describes the process that will be used to investigate and resolve the complaint. The procedures do not apply to administrative actions that are being pursued in another forum.

Point of contact

The Point of Contact is the initial point of contact for all grievances. They oversee and guide the complainant through the grievance process, manage files and records of complaints pertaining to Landforce, and coordinate the correct person or people at Landforce to make sure the grievance is addressed efficiently and correctly.

Who can file a discrimination complaint

Anyone who believes that they or a class of persons have been discriminated against may file a complaint with Landforce. The person or organization filing the complaint need not be a victim of the alleged discrimination, and may complain on behalf of another person or group. A complainant filing on behalf of, or about, another person is responsible for securing any necessary written consent from that individual. Complaints shall be in writing, signed by the complainant or the complainant’s representative, and include contact information for the complainant or their representative.

If the complainant is unable to submit a written complaint, they should contact the Point of Contact. Landforce will make reasonable accommodations in its policies and procedures that are necessary to allow persons with disabilities or limited English proficiency full access to the complaint filing and investigative process.

Submitting a complaint

A. Filing a complaint

A person, or the authorized representative of a person, who believes that they or a class of persons has been discriminated against may file a complaint with Landforce. The complaint should:

1. be in writing, by email or mail. Complaints made through social media, or in any form other than email or physical mail, may not be received by the Point of Contact, and will not be considered a valid written complaint;
2. be filed within 60 days of an alleged violation (except as described below);
3. describe with specificity the action or actions by Landforce that allegedly result in discrimination in violation of 40 C.F.R. Parts 5 and 7;
4. describe in as much detail as possible the discrimination that allegedly has occurred or will occur as the result of such actions; and
5. identify the parties impacted or potentially impacted by the alleged discrimination.

Landforce may request additional information from the complainant if it is needed to meet the requirements above. Landforce may waive requirement 2 at its discretion, to address allegations of potential discrimination caused by pending actions at the earliest appropriate and feasible juncture, or, for good cause, to address complaints filed more than 60 days after an alleged violation.

If you believe you or a class of persons have been discriminated against and need more information, help submitting a complaint, or an accommodation because you need another way to submit it, call or email the Point of Contact, Tricia Dougherty, using the details above.

Complaints may be emailed to the Point of Contact. Landforce will also accept complaints mailed to the Point of Contact.

Within 10 business days of receiving a written complaint by email or physical mail, Landforce will provide the complainant with written notice of receipt. Messages through social media will not be accepted as formal complaints. At this time, Landforce may request any additional information needed to meet the complaint requirements above. Within 15 business days of receiving any additional information, Landforce will create a case file containing all information related to the complaint, and will give the complainant written notice that the complaint is complete.

B. Determination of jurisdiction and investigative merit

Based on the information in the complaint and other information available, Landforce will determine whether it has jurisdiction to pursue the matter and whether the complaint has sufficient merit to warrant an investigation. A complaint shall be regarded as meriting investigation unless:

• it clearly appears to be frivolous or trivial;
• within the time allotted for making the determination, Landforce voluntarily concedes noncompliance and agrees to take appropriate remedial action, or reaches an informal resolution with the complainant;
• within the time allotted for making the determination, the complainant withdraws the complaint; or
• it is not timely, and good cause does not exist for waiving the timing requirement in section A, requirement 2.

If the Point of Contact determines that the complaint warrants further investigation, they will review the alleged facts to determine the course of the investigation. The investigation may include interviews of Landforce employees, other relevant witnesses, or others named in the complaint. Relevant Landforce employees shall make themselves available as necessary.

Disposition of complaints

The preponderance of the evidence standard will be applied during the analysis of each complaint.

Within 120 days of accepting a written complaint, Landforce will respond in writing to the complainant, detailing:

• the findings of the investigation;
• whether discrimination or retaliation was found;
• a summary of the investigation process; and
• any corrective actions that will be implemented, if applicable.

If the complainant is not satisfied with the resolution, they may submit a written appeal to the Chief Executive Officer within 30 business days. If the complainant is unable to submit a written appeal, the CEO will make reasonable accommodations in policies and procedures that are necessary to allow persons with disabilities or limited English proficiency full access to the appeal process. The appeal decision will be final.

Landforce intends to review this grievance procedure annually to ensure prompt and fair resolution of discrimination complaints. In evaluating the effectiveness of the procedure and the need for additional measures, Landforce will assess feedback from agency staff and the public.

Non-retaliation

Landforce is committed to fostering an environment where individuals can invoke these grievance procedures without fear of retaliation or reprisal. Landforce explicitly prohibits retaliation against any individual for any purpose, including for the purpose of interfering with any right or privilege guaranteed under any state or federal statutes or regulations, because that individual has filed a complaint or has testified, assisted or participated in any way in an investigation, proceeding or hearing of any kind, or has opposed any practice made unlawful under any state or federal statutes or regulations. Prohibited retaliatory acts include intimidation, threats, coercion or discrimination against any such individual or group.

Any claims of intimidation or retaliation related to the complaint process should be reported to the Point of Contact, and will be handled promptly and fairly under this procedure, in the same manner as other claims of discrimination.