INVESTIGATIVE COMPLAINT PROCESS regarding the TITLE VI PUBLIC TRANSPORTATION DISCRIMINATION LAW.
- A complaint form is filled out by the complainant (the person alleging discrimination). If the complaint falls under any of the protected classes, a formal interview will take place with an investigator. The purpose of this interview is to gain a deeper understanding of the case.
The investigator makes sure that the alleged discrimination both happened in Sioux City and within the last 300 days. If the issue occurred outside city limits, a referral is made to the appropriate agency.
- Next, the Respondent (the party whom the complaint is directed) is formally notified and given an opportunity to respond to the allegations.
- Investigators will collect all information necessary to make a fair and impartial recommendation.
It is important for both the Complainant and the Respondent to realize that the Commission is neutral and will not form any opinions until all evidence is collected and analyzed. All information will remain strictly confidential.
- During the investigation, both parties will be asked to consider mediation. This allows them the opportunity to search for a private solution to existing conflicts without placing blame.
- If mediation is attempted, the Investigator will remain neutral and not advise either side.
- If mediation is successful, the Human Rights Commission will prepare a written agreement and the case will be “administratively closed”.
- If mediation is not successful, the investigation will resume its natural course until completion.
- When the investigation reports are finally completed, a “Case Summary” will be prepared.
- This will be submitted to three assigned Commissioners for use in determining a finding.
- The Commissioners will each make a determination of either “probable cause” or “no probable cause”.
- If there is reason to believe that discrimination exists, it is "probable cause". If not, it is "no probable cause".
- If a finding of “probable cause” is reached, the next step is mandatory Conciliation.
The purpose of conciliation is to assess the harm suffered and to determine a possible remedy. Conciliation, however, is not a forum to re-hash the investigation.
If an agreement is reached, the case will be closed. If conciliation is not reached, the Commissioners will determine if a public hearing of the case is justified. If not, the investigation will be closed.
- If a finding of “no probable cause” is reached, the investigation will be closed and no further action taken.
If the Complainant does not agree with the findings, the commission will reconsider, but only after new evidence (not previously considered) is provided.
This must be within a reasonable period of time (normally 10 days). Complainants have the option of suing the Respondent at their own expense.
- After a complaint has been properly filed a Complainant may then begin a lawsuit if:
- The complainant has timely filed the complaint with the Commission
- The complaint has been on file with the Commission for at least sixty days; and
- The Commission has issued a “right to sue” letter to the Complainant.
If a “right to sue” letter is issued, the Human Rights Commission will close the case.
Title VI Complaint Form
Sioux City Transit System is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. Title VI complaints must be filed within 180 days from the date of the alleged discrimination.
The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact the Sioux City Transit System Administrative Office by calling (712) 279-6405. The completed form must be returned to Sioux City Transit System, 509 Nebraska Street, P.O. Box 447, Sioux City, Iowa 51102-0447.
NAME:_________________________________________ DAY TIME PHONE: __________________
STREET ADDRESS: ________________________________ CONTACT NAME: ___________________
PERSON DISCRIMINATED AGAINST (IF SOMEONE OTHER THAN COMPLAINANT):
WHICH OF THE FOLLOWING BEST DESCRIBES THE REASON FOR THE ALLEGED DISCRIMINATION? (CIRCLE WHICH APPLY)
Race National Origin Color Disability Age Other
DESCRIBE THE ALLEGED DESCRIMINATION INCIDENT. PROVIDE THE NAMES AND TITLES OF ALL SIOUX CITY TRANSIT SYSTEM (SCTS) EMPLOYEES RESPONSIBLE. EXPLAIN WHAT HAPPENED, WHOM YOU BELIEVE WAS RESPONSIBLE, AND ANY OTHER SPECIFIC RELEVANT INFORMATION. PLEASE USE AN ADDITIONAL SHEET OF PAPER IF MORE SPACE IS REQUIRED.
HAVE YOU FILED A COMPLAINT WITH ANY OTHER FEDERAL, STATE, OR LOCAL AGENCIES? (Check One)
__________ YES __________ NO
IF SO, LIST AGENCY/AGENCIES AND CONTACT INFORMATION:
AGENCY NAME: _____________________________________________________
CONTACT NAME: ___________________________________________________
PHONE NUMBER: ___________________________________________________
I AFFIRM THAT I HAVE READ THE ABOVE CHARGE AND IT IS TRUE TO MY BEST KNOWLEDGE.
COMPLAINANT'S SIGNATURE: _________________________________________________________
PRINTED NAME: _________________________________________________________________________
RECEIVED BY: ____________________________________________________________________________
DATE RECEIVED: _________________________________________________________________________
Notes on the Complaint Process
All parties must understand that processing a complaint of discrimination is a sensitive and time consuming process. It is not uncommon for a case to take a year or longer to be resolved. The Human Rights Commission staff works to resolve matters as quickly as possible. We ask that Complainants and Respondents remain patient.
All complaints are cross-filed with the Federal Transit Administration – Region VII Office, Iowa Civil Rights Commission, and if appropriate with the Equal Employment Opportunity Commission (EEOC) or Housing and Urban Development (HUD).