ADA COMPLAINT POLICY & PROCEDURE

TITLE VI AND NON-DISCRIMINATION/ADA POLICY STATEMENT

The Bis-Man Transit Board, hereinafter referred to as the “Bis-Man Transit,” is committed to compliance with Title VI of the Civil Rights Act of 1964, the Federal-Aid Highway Act of 1973, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973/ADA of 1990, and all related regulations and statutes. Taken together, these requirements define an encompassing Title VI/ADA Program. Title VI and the additional Nondiscrimination requirements are applicable to programs receiving federal financial assistance due to the Civil Rights Restoration Act of 1987.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin. Specifically, 42 USC 2000d state that “No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” In addition to Title VI, there are other Nondiscrimination statutes which include: Section 162(a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex), Age Discrimination Act of 1975 (age), and Section 504 of the Rehabilitation Act of 1973/ADA of 1990(disability).

There are two Presidential Executive Orders that place further emphasis upon the Title VI protections. Executive Order 12898 ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse environmental or human health effects on minority and low-income populations. Executive Order 13166 directs recipients of Federal financial assistance that to ensure compliance with Title VI, they must take reasonable steps to ensure that limited English proficiency persons have meaningful access to their programs.

Bis-Man Transit is committed to and supports taking all steps to ensure that no person or groups(s) of persons shall, on the grounds of race, color, national origin, sex, age, disability, limited English proficiency, or income status*, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all programs, services, or activities administered by the Recipient, regardless of whether those programs and activities are federally funded or not.

Bis-Man Transit also assures that every effort will be made to prevent discrimination through the impacts of its programs, policies, and activities on minority and low-income populations. In addition, Bis-Man Transit will provide meaningful access to services for persons with Limited English Proficiency for language assistance free of charge to the person upon request.
In the event the Bis-Man Transit distributes federal-aid funds to a subrecipient, the Bis-Man Transit will include Title VI language in all written agreements and will monitor for compliance.

Bis-Man Transit’s Title VI/ADA Program Coordinator, Deidre Hughes, Executive Director, 701.258.6817, 3750 East Rosser Avenue, Bismarck, ND 58501, dhughes@bismantransit.com is responsible for initiating and monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code of Federal Regulations (CFR) 200 and 49 CFR 21.

How to File a Complaint
Any person who believes himself/herself or any specific class of individuals to be harmed by failure to comply with ADA regulations may, personally or through a representative, file a written complaint with the Marketing & Mobility Specialist.

It is best to file the complaint as soon as possible after the alleged discrimination, and keep a copy of it. Include as many details as possible (who, what, when, where, and so on).

Bis-Man Transit has the following options for filing the complaint:

• Email: Send an email to the Executive Director, dhughes@bismantransit.com

• Call: Phone the Executive Director at 701.258.6817.
• Mail: Print the ADA Comment Form, complete and mail to:
  

  Bis-Man Transit
  Attention: Executive Director
  3750 East Rosser Ave
  Bismarck, ND 58501

• Online: An ADA Comment Form can be completed and submitted online by clicking here.
• In Person: An ADA Comment Form can be located at 3750 East Rosser Ave, Bismarck, ND 58501.
• Alternatively, you may download a copy of the form at www.bismantransit.com by clicking here.

Complainant does not have to file with Bis-Man Transit first in order to file with the Federal Transit Administration.

For written complaints, please include the following:



• Your name, address and contact information (telephone number, email address)
• For accessibility complaints: time, date, and location of the occurrence and reason you believe the agency, location, or service is not accessible to persons with disabilities
• For complaints related to alleged discrimination based on disability: time, date, location, and a description of the incident, names and/or descriptions of individuals involved, and why you believe the act was discriminatory.
• In both situations, please include the vehicle number and/or route if applicable.
• Please also provide any other documentation that is relevant to the complaint.

For complaints alleging discrimination based on disability, an investigation will be initiated within 10 days of receiving the complaint. Bis-Man Transit will make every effort to respond to ADA complaints within 30 working days of receipt.

If complainants disagree with the determination, they can appeal the decision in writing within thirty (30) days from the date of the determination. The appeal letter should state the reason(s) the complainant believes the decision was in error. The appeal letter should be mailed to:

Board of Directors
3750 East Rosser Ave
Bismarck, ND 58501

File an ADA complaint in Washington D.C.
You can file a complaint with the Federal Transit Administration (FTA) Office of Civil Rights in Washington D.C., by:

• Going to the FTA ADA website to file a complaint with the FTA.
• Sending a complaint letter to:
  

  FTA Office of Civil Rights
  Attention: Complaint Team
  East Building, 5th Floor - TCR
  1200 New Jersey Avenue, SE
  Washington, DC 20590

Complaint Assistance
If you are unable to complete a written complaint, please contact Bis-Man Transit at 701.258.6817 during regular business hours for assistance.

To download a copy of the Bis-Man Transit complaint form, click here.

To view Bis-Man Transit's complete Civil Rights Program, visit our Civil Rights Program.