QAPI Program Utilization_Manual

POLICY ON GRIEVANCE PROCEDURE (COMPLIANCE WITH SECTION 504) It is the policy of our Agency that person(s) who believes that he/she or any class of individuals has been subjected to discrimination as prohibited by section 504 of the Rehabilitation Act of 1973 may file a complaint pursuant to the procedures, set forth below, on his/her own behalf, or on behalf of another person or on behalf of handicapped persons as a class. All persons are encouraged to file grievances in order to resolve any disputes arising under Section 504. Your filing a complaint will not subject you to any form of adverse action, reprimand, retaliation or otherwise negative treatment by our Agency personnel. Accordingly, our Agency has adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Health and Human Service regulations (45 C.F.R. Part 84), implementing Section 504 of the Rehabilitation Act of 1973,, as amended (29 U.S.C.794) Section 504 states., in part, that "no otherwise qualified handicapped individual... shall, solely by reason of his handicap, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance... " Complaint processing procedures are as follows: A. All complaints involving matters prohibited by Section 504 shall first be filled with his/her immediate Supervisor, who shall render an initial determination and resolution within seven days of receipt of the complaint. B. If the complaint is not satisfied with the results achieved in Step A, the complainant may file an appeal with The Administrator shall render a decision within ten days. C. If satisfactory resolution is not achieved at step B, the complainant may request a hearing with Director, for a final determination the final determination will be made within 30 days of presentation. D. A complaint should be in writing/phone, contain the name and address of the person filling it, and briefly describe the action(s) alleged to be prohibited by the Section 504 regulations. E. All complaints should be filled as set forth above within seven days after the complaining party becomes aware of the action(s) allegedly prohibited by the Section 504 regulations. F. All complaints should also be referred to the office of the Section 504 coordinator, who shall maintain the files and records of our Agency relating to complaints filed hereunder. The Section 504 coordinator may assist persons with the preparation and filling of complaints, participate in the Investigation of complaints, and advise the Administrator concerning their resolution. G. The Administrator or designee, shall take steps to insure an appropriate investigation of each complaint to determine its validity. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint. H. The right of a person to prompt an equitable resolution of the complaint filled hereunder shall not be impaired by the person's pursuit of other remedies such as the filling of a Section 504 Complaint with the Office for Civil Rights of the United States Department of Health and Human Services. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. I. These rules shall be liberally construed to protect the substantial rights of interested persons, to meet appropriate due process standards, and to assure our Agency compliance with Section 504 and the regulations. CONFLICT RESOLUTION 53