Equal Opportunity - The Water School
NAME:
EQUAL OPPORTUNITY IS THE LAW
It is against the law for this recipient of Federal financial assistance to discriminate on the following basis:
Against any individual in the United States, on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and Against any beneficiary of programs financially assisted under Title I of the Workforce Innovation and Opportunity Act (WIOA), on the basis of the beneficiary’s citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his or her participation in any WIOA Title I-financially assisted program or activity. The recipient must not discriminate in any of the following areas: Deciding who will be admitted, or have access, to any WIOA Title I-financially assisted program activity; Providing opportunities in, or treating any person with regard to, such a program or activity; or Making employment decisions in the administration of, or in connection with, such a program or activity.
WHAT TO DO IF YOU BELIEVE YOU HAVE EXPERIENCED DISCRIMINATION
If you think you have been subjected to discrimination under a WIOA Title-I financially assisted program or activity, you may file a complaint within 180 days of the alleged violation with either:
The recipient’s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or
The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with the CRC. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient). If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with the CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.
FOR INFORMATION OR TO FILE A COMPLAINT, CONTACT:
Steve Christianson
559-760-0576
1009 Hinckley Ln
Fillmore CA 93015
Signature Date:
The Water School is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to individuals with disabilities.
WS 01-06 │ Rev 12.19
PARTICIPANT GRIEVANCE AND COMPLAINT PROCEDURES
Participation in The Water School program does not create an entitlement to services and nothing shall be construed to establish a private right for any services described or recommended by Mother Lode Job Training. However, if you believe that your rights as a participant have been violated in any of the ways described below, the following two procedures describe how complaints will be handled:
I. If your complaint alleges: 1) a violation of the Workforce Innovation and Opportunity Act - Title I, regulations governing the Act, the grant agreement or any sub-agreement; 2) discrimination on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, you should use the following procedures:
a. Discuss your complaint with the Site Manager of the office where you are registered.
b. If you feel your complaint is not resolved satisfactorily, you may file a written complaint on an official Water School. You have the right to file a grievance or complaint at any time within one year of the alleged violation. Amendments and withdrawals must be in writing.
c. If you need assistance in filing a complaint, MLJT will provide you with technical assistance to do so.
d. The official filing date of the grievance or complaint is the date it is received by The Water School. The filing will be considered a request for a hearing, and The Water School shall issue a written decision within 60 days for the filing of the grievance or complaint. The Water School will send a copy of the grievance or complaint to you.
Filing the Grievance/Complaint
A. Complaint Information
a. The grievance or complaint must be in writing, signed, and dated. For resolution purposes, The Water School requires that the following information be obtained or provided for all complaints:
1) Full name, telephone number, and mailing address of the complainant;
2) Full name, telephone number, and mailing address of the respondent;
3) A clear and concise statement of the facts and dates describing the alleged violation;
4) The provisions of the WIOA, federal regulations, grant, or other agreements under the WIOA, believed to have been violated;
5) Grievances or complaints against individuals, including staff or participants, shall indicate how those individuals did not comply with WIOA law, regulations, or contract; and
6) The remedy sought by the complainant.
B. Timeline for Filing Original Complaint
a. The absence of any of the requested information shall not be a basis for dismissing the grievance or complaint.
b. The written complaint must be made within one year of the alleged occurrence.
c. A grievance or complaint may be amended to correct technical deficiencies at any time up to the time of the hearing.
d. Grievances or complaints may not be amended to add new issues unless the complainant withdraws and resubmits the complaint. However, the one-year time period in which a grievance or complaint may be filed is not extended for grievances or complaints that are refiled with amendments.
e. Grievances or complaints may be withdrawn at any time prior to the issuance of the hearing officer’s decision.
C. Informal Resolution of the Complaint
a. The Water School shall notify the complainant and the respondent of the opportunity for an informal resolution.
b. Respondents must make good faith efforts to resolve all grievances or complaints prior to the scheduled hearing. Failure on the part of either party in the grievance or complaint to exert good faith efforts shall not constitute a basis for dismissing the grievance or complaint, nor shall this be considered to be a part of the facts to be judged in the resolution process.
c. The Water School must assure that all grievances or complaints not resolved informally or not withdrawn are given a hearing, regardless of the grievance or complaint’s apparent merit or lack of merit.
d. If a complainant and respondent are able to reach an informal resolution, a notice of resolution must be sent to the complainant and entered into the complaint file. If the information resolution leads to an impasse between the complainant and respondent, the complainant may choose to not proceed to a hearing. If this occurs, a notice of impasse must be sent to the complainant and entered into the complaint file. In the event of resolution or impasse, the Local Area must request the complainant to provide a written withdrawal of the complaint within 10 days of receipt of the notice of resolution or impasse.
Hearing Process
In the event a decision cannot be reached through the informal response process, MLJT must conduct a hearing within 30 days of filing of a grievance or complaint.
A. Notice of Hearing
a. The Water School will notify the complainant and the respondent in writing of the hearing at least 10 days prior to the date of the hearing. The 10-day notice may be shortened with the written consent of both parties. The hearing notice shall be in writing and contain the following information:
1) The date of the notice, name of the complainant, and the name of the party against whom the grievance or complaint is filed.
2) The date, time, and location of the hearing.
3) A statement of the alleged violation(s). The statement must accurately reflect the content of the grievance or complaint as submitted by the complainant. However, clarifying notes may be added to assure that the grievance or complaint is addressed accurately.
4) The name, address, and telephone number of the contact person issuing the notice.
A. Conduct of Hearing
a. An impartial hearing officer shall conduct the hearing. All members of the Local Workforce Development Board and the local Chief Elected Official(s) are considered interested parties and cannot legally conduct an impartial hearing (Title 20 CFR Preamble Page 56212). The
Local area will seek impartial hearing officers from among the staff of legal offices or personnel departments of local municipalities or counties that will not be directly affected by, or will not implement the final resolution of, a specific grievance or complaint.
b. The hearing will be conducted in an informal manner and not bound by strict rules of evidence. All hearings must follow all applicable procedures established by the Local Board. Both parties will have the right to present written and/or oral testimony and arguments; the right to call and question witnesses in support of their position; the right to examine records and documents relevant to the issues; and the right to be represented at their own cost. The hearing will be recorded electronically or by a court reporter.
B. Determination of Hearing
a. The decision shall be made no later than sixty (60) days after the filing date (Note: Time spent in informal resolution efforts may not extend this time limit) and must include:
1) The names of the parties involved;
2) A statement of the alleged violation and any related issues;
3) A statement of facts;
4) The decision on the issue and the reasons for the decision;
5) Description of the corrective action, if necessary to comply with the decision; and
6) Notification that an adverse decision may be appealed by the complainant to the State Review Panel; and
7) Notice of the right to file a complaint with the ORC Regional Office pursuant to §144(c) of Public Law 97-300, within ten (10) days of the receipt of the decision when any party disagrees with the decision.
b. The decision shall be delivered to all parties by first class mail.
c. If the decision is not issued within sixty (60) calendar days of the date of the filing of the complaint, or if either party is dissatisfied with the local hearing decision, either party has the right to file an appeal with the State.
A State hearing may be requested by submitting a written notice of appeal to:
Chief, Compliance Review Office, MIC 22-M, Employment Development Department, PO Box 826880, Sacramento, CA 94280-0001
The appeal or request for EDD review must be in writing, signed, and dated by the complainant and include the following information:
1) The full name, telephone number, and mailing address of the complainant and the Local Area’s administrative entity.
2) A statement of the basis of the appeal or request for EDD review.
3) Copies of relevant documents, such as the complaint filed with the Local Area and their decision, if any was received.
Appeals must be filed or postmarked within 10 days from the date on which the complainant received an adverse decision from the Local Area. Requests for EDD review must be filed or postmarked within 15 days from either of the following:
1) The date on which a complainant should have received a decision regarding a locally filed complaint, which is defined as five days from the date the decision was due.
2) The date on which an instance of restraint, coercion, or reprisal was alleged to have occurred as a result of filing the complaint.
If an evidentiary hearing was held at the local level, the Compliance Review Office shall request the record of the hearing from the Local Area and shall review the record without scheduling an additional hearing. The Local Area is to provide written transcripts of any audio or visual recordings of the hearings via overnight mail. Within 10 days of receipt of the grievance or complaint, the Compliance Review Office shall notify the complainant and respondent of the opportunity for an informal resolution and proceed with the informal resolution process.
If an evidentiary hearing was not held at the local level, the Compliance Review Office shall instruct the Local Area to hold a hearing within 30 days of receipt of the appeal or request for EDD review. If the Local Area refuses to hold a hearing within the required timeframe, the EDD shall schedule an evidentiary hearing before an impartial hearing officer within the 30-day timeframe.
d. If the State Review Panel has issued an adverse decision regarding a grievance or complaint, or has not issued a decision within 60 days of receipt of a local level appeal, request for EDD review, or grievance or complaint, the complainant may file an appeal with the Secretary.
DOL National Office
Secretary of Labor Attn: Assistant Secretary of ETA
U.S. Department of Labor 200 Constitution Avenue, NW Washington, D.C. 20210
ETA Regional Administrator
Office of Regional Administrator
U.S. Department of Labor PO Box 193767
San Francisco, CA 94119-3767
Appeals of an adverse decision must be filed within 60 days of receipt of the adverse decision from the State Review Panel. In case where the State Review Panel did not issue a decision, the complainant must file an appeal within 120 days of either of the following:
1) The date on which the complainant filed the appeal of a local level decision or request for EDD review with the State.
2) The date on which the complainant filed the grievance or complaint with the state.
All appeals to the Secretary must be sent to the DOL National Office via certified mail with return receipts requested. Copies of the appeal must simultaneously be provided to the DOL Employment and Training Administration (ETA) Regional Administrator and the respondent. Grievances or complaints filed directly with the Secretary that were not previously filed with the Local Area and/or state will be remanded to the Local Area or state, as appropriate. The Secretary shall issue a final determination no later than 120 days after receiving the appeal.
The Department of Labor (DOL)/Office of Inspector General (OIG) has established a hotline telephone number for employees and the public to notify DOL/OIG of suspected fraud, or waste in DOL-funded programs. The hotline may be accessed by dialing 1-800- 347-3756.
The hotline will allow individuals to report incidents anonymously and avoid the fear of reprisal. The information being provided via the hotline should be as specific as possible, enabling the DOL/OIG to identify, investigate, and take corrective action, thereby ensuring the integrity of DOL-funded programs. The hotline is not to be used for resolving employee grievances, Equal Employment Opportunity complaints, labor disputes, or other personal concerns.
II. If your complaint alleges a violation of the terms and conditions of employment or training, you should use the procedures of your employer or training provider. The complaint procedures of your employer or training provider should be given to you at the time you begin employment or training. If your employer or training provider does not have a complaint procedure, you may use procedure A, above.
NO INDIVIDUAL SHALL BE DENIED SERVICE OR OTHERWISE INCUR RETALIATION BECAUSE OF HIM/HER EXERCISING HIS/HER RIGHT UNDER THE LAW TO FILE A COMPLAINT OR GRIEVANCE.
I certify that I have been notified, in writing, of the grievance and complaint procedures of The Water School Training. I further certify that I have been informed that certain employers and/or training providers may require drug testing prior to participation.
Should you have any questions concerning the complaint procedures of The Water School please contact:
Steve Christianson
559-760-0576
1009 Hinckley Ln, Fillmore CA 93015
The Water School is an equal opportunity employer/program Auxiliary aids and services available upon request to individuals with disabilities.