TITLE VI

BCTA's Complaint and Investigation Procedures

These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, for alleged discrimination in any program or activity administered by BCTA.

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.  Every effort will be made to obtain early resolution of complaints at the lowest level possible.  The option of information mediation meeting(s) between the affected parties and BCTA may be utilized for resolution.  Any individual, group of individuals or entity that believes they have been subjected to discrimination prohibited under Title VI and related statutes may file a complaint.

The following measures will be taken to resolve Title VI complaints:

1. A formal complaint must be filed within 180 days of the alleged occurrence.  Complaints shall be in writing and signed by the individual or his/her representative, and will include the complainant’s name, address and telephone number; name of alleged discriminating official, basis of complaint (race, color, national origin, sex, disability, age, limited English), and the date of alleged act(s).  A statement detailing the facts and circumstances of the alleged discrimination must accompany all complaints.

BCTA strongly encourages the use of BCTA’s “Title VI Complaint Form” when filing official complaints.

The preferred method is to file your complaint in writing using the Title VI Complaint Form, and send it to:

Title VI Coordinator

BCTA

200 W. Washington Street

Rochester, PA  15074

2. In the case where a complainant is unable or incapable of providing a written statement, a verbal complaint of discrimination may be made to the BCTA Title VI Coordinator.  Under these circumstances, the complainant will be interviewed, and the BCTA Title VI Coordinator will assist the Complainant in converting the verbal allegations to writing.

3. When a complaint is received, the Title VI Coordinator will provide written acknowledgment to the Complainant, within ten (10) days by registered mail.

4. If a complaint is deemed incomplete, additional information will be requested, and the Complainant will be provided 60 business days to submit the required information.  Failure to do so may be considered good cause for a determination of no investigative merit.

5. Within 15 business days from receipt of a complete complaint, BCTA will determine its jurisdiction in pursuing the matter and whether the complaint has sufficient merit to warrant investigation.  Within five (5) days of this decision, the General Manager or his/her authorized designee will notify the Complainant and Respondent, by registered mail, informing them of the disposition.

If the decision is not to investigate the complaint, the notification shall specifically state the reason for the decision.

If the complaint is to be investigated, the notification shall state the grounds of BCTA’s jurisdiction, while informing the parties that their full cooperation will be required in gathering additional information and assisting the investigator.

6. When BCTA does not have sufficient jurisdiction, the General Manager or his/her authorized designee will refer the complaint to the appropriate State or Federal agency holding such jurisdiction.

7. If the complaint has investigative merit, the General Manager or his/her authorized designee will instruct the Title VI Coordinator to fully investigate the complaint.  A complete investigation will be conducted, and an investigative report will be submitted to the General Manager within 60 days from receipt of

8. the complaint.  The report will include a narrative description of the incident, summaries of all persons interviewed, and a finding with recommendations and conciliatory measures where appropriate.  If the investigation is delayed for any reason, the Title VI Coordinator will notify the appropriate authorities, and an extension will be requested.

9. The General Manager or his/her authorized designee will issue letters of finding to the Complainant and Respondent within 90 days from receipt of the complaint.

10. An individual may appeal a complaint determination by mailing or submitting in person a written appeal to the ADA Paratransit Administrator, at BCTA, 131 Pleasant Dr., Aliquippa, PA 15001, requesting that determination be reviewed by the Appeals Board. The appeal must: (1) specify the basis upon which the individual disputes the determination; and (2) sign and date the written appeal. The Appeals Board shall afford the appellant the opportunity to be heard and present information and arguments, which are relevant to the determination which is the subject of the appeal. The Appeals Board will consider the appeal and issue a written decision within 30 days after filing the appeal. If a decision is not made within 30 days of completing the appeals process, transportation is provided until and unless a decision to deny the appeal is issued.

11. The Complainant also has the right to file a separate complaint with the Federal Transit Administration Office of Civil Rights, Attention:  Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Avenue, SE. Washington, DC  20590.

 For more information on the BCTA civil rights program, and the procedures to file a complaint, contact (724) 728-4255, visit www@bcta.com, email TitleVI@bcta.com or visit our administrative office at 200 West Washington Street, Rochester, PA  15074  

Title VI Appeals Process 

An individual may appeal a complaint determination by mailing or submitting in person a written appeal to the Human Resources Specialist at BCTA, 200 West Washington Street, Rochester, PA 15074, requesting that the determination be reviewed by the Appeals Board.  The appeal must: (1) specify the basis upon which the individual disputes the determination; and (2) sign and date the written appeal.

The Appeals Board shall afford the appellant the opportunity to be heard and present information and arguments, which are relevant to the determination which is the subject of the appeal.

The Appeals Board will consider the appeal and issue a written decision within 30 days after filing the appeal.