Grievance Policy for Nondiscrimination

Purpose

This policy is designed to comply with 40 CFR Part 7, which prohibits discrimination in programs and activities receiving federal grant funding. It ensures that no person is excluded from participation in, denied the benefits of, or subjected to discrimination on the basis of race, color, national origin, sex, disability, or age. Ecolibrium3 is committed to promoting equal access and fairness in all federally funded programs, and this grievance procedure provides a clear process for addressing concerns about potential discriminatory practices.

Nondiscrimination Compliance
Coordinator (NCC)

The CEO of Ecolibrium3 designates the Chief Operating Officer (COO) as the Nondiscrimination Compliance Coordinator (NCC), responsible for overseeing and ensuring the organization’s adherence to its obligations under 40 CFR Part 7. The NCC will lead efforts to maintain compliance with federal nondiscrimination regulations in all programs and activities receiving EPA assistance.

Grievance Procedures

1. Submittal of Complaint (Complainant):

In order to have a complaint submitted for investigation under this procedure, the complainant shall file the complaint no later than 180 calendar days after the date(s) of the alleged act(s) of discrimination. 

The complaint shall be in writing and signed by the complainant or the complainant’s representative and shall include contact information for the complainant or their representative.

The complaint shall specify with as much detail as possible: 

  • The actions or inactions by Ecolibrium3 that support an alleged violation of 40 CFR, Part 7 
  • The alleged discrimination that did or will result from such actions or inactions 
  • The identity of the person(s) harmed or potentially harmed by the alleged discrimination
  • The section of 40 CFR, Part 7, that Ecolibrium3 allegedly violated. 

 

Ecolibrium3 may request additional information from the complainant if needed to assist with meeting the complaint requirements listed above. Appropriate assistance shall be provided to individuals with disabilities and individuals with limited English proficiency. Also, complaints in alternate formats shall be accepted from individuals with disabilities, for example, complaints filed on computer disks, on audio tape, or in Braille. 

All complaint submittals should be mailed (or e-mailed) to the NCC at the following address:

Chief Operating Officer

Ecolibrium3

2014 W. 3rd Street

Duluth, MN 55806

lora@ecolibrium3.org

2. Logging of Complaint Submittals (NCC):

All complaint submittals are to be logged. The NCC shall retain a copy of all documents on file in accordance with the records retention schedule. The NCC shall also notify the relevant program manager(s). 

The following are examples of what will not be logged as a complaint submittal: 

  • Anonymous submittals 
  • Submittals too vague to reasonably determine the allegations of discriminatory conduct
  • Submittals not sufficiently identifying the person(s) harmed or potentially harmed by the alleged discrimination
  • Inquiries seeking advice or information
  • Courtesy copies of court pleadings 
  • Courtesy copies of complaints addressed to local, state, or federal agencies
  • Newspaper articles
  • Web-based media sources such as YouTube videos, email conversations, blog posts, comments strings, or Web pages
  • Courtesy copies of internal grievances
  • Voicemail messages, phone calls, or in-person conversations.

3. Initial Review of Complaint Submittals (NCC):

Upon receipt of a complaint and any additional information supporting or otherwise associated with the complaint, a case file shall be established containing all documents and information pertaining to the complaint and an initial review of the case shall be conducted.

4. Determination if Complaint Warrants Further Investigation

The NCC, based on information in the complaint submittal and other information available, shall determine if:

  • Ecolibrium3 has jurisdiction to pursue the matter; and
  • The complaint submittal contains sufficient merit to warrant further investigation. 

A complaint shall warrant further investigation unless:

  • It clearly appears on its face to be frivolous or trivial; 
  • Within the time allotted for making the determination of jurisdiction and investigative merit, HRIA reaches an agreed resolution with the complainant; 
  • Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or 
  • The complaint was not submitted within the time limit established in Step 1. 

Within 14 calendar days of receipt of the complaint submittal, Ecolibrium3 shall inform the complainant if the complaint has or has not been accepted for further investigation. If it is determined that further investigation is not warranted, the reason for such determination shall be recorded in the case.

5. Further Investigation of Complaint

If Ecolibrium3 determines the complaint submittal warrants further investigation, Ecolibrium3 shall review the alleged facts to determine the course of the investigation. The investigation may include interviews of Ecolibrium3 employees, other relevant witnesses, or others named in the complaint. Relevant Ecolibrium3 employees shall make themselves available as necessary.

6. Report and Determination

The NCC shall issue a report and determination on whether Ecolibrium3 violated 40 CFR, Part 7. The NCC shall prepare a written report of the investigation that shall include a narrative of the incident, an identification of individuals interviewed and evidence reviewed, and findings and a determination. The report and determination shall be placed in the complaint file. 

Within 180 calendar days of receiving the complaint that warranted investigation, the NCC shall notify the complainant in writing of the findings of the investigation and the recommendations for resolution.

7. Appeal Process

If the complainant is dissatisfied with the resolution, they may submit a written appeal within 30 calendar days of receiving the resolution letter.

Appeals will be reviewed by senior management, and a final decision will be communicated no later than 30 calendar days after its filing.

8. Non-Retaliation

Retaliation against individuals who file grievances or participate in investigations is strictly prohibited. Any retaliatory actions will result in disciplinary measures.

9. Recordkeeping

All grievances and related documents will be kept on file for three years following the resolution of the complaint.