Title VI Complaint Procedures
The Arc Southwest Indiana
Title VI Procedures
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall, on the grounds 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.”
Any person who believes that he/she has been aggrieved by an unlawful discriminatory practice on the basis of race, color or national origin by The Arc Southwest Indiana may file a complaint by completing and submitting The Arc Southwest Indiana’s Title VI Complaint form.
How do you file a complaint?
Title VI Complaint Form
You may download The Arc Southwest Indiana Title VI Complaint Form at www.ArcSWIN.org, or request a copy by writing or phoning The Arc Southwest Indiana, P.O. Box 5, Princeton, IN. 47670 and 812-386-6312.
You may file a signed, dated and written complaint no more than 180 days from the date of the alleged incident. The complaint should include:
– Your name, address and telephone number.
– How, why, and when you believe you were discriminated against. Include as much specific, detailed information as possible about the alleged acts of discrimination, and any other relevant information.
– The names of any persons, if known, whom the director could contact for clarity of your allegations.
Please submit your complaint form to address listed below:
Stan Keepes, Executive Director
The Arc Southwest Indiana
P.O. Box 5, Princeton, IN. 47670
(Appendix 3) Title VI/ADA Complaint Procedure
The Arc Southwest Indiana
The Arc Southwest Indiana’s Title VI/ADA Complaint Procedure is made available in the following locations:
þ Agency website, either as a reference in the Notice to Public or in its entirety.
þ Hard copy in the central office.
□ Available in appropriate languages for LEP populations, meeting the Safe Harbor Threshold.
□ Other _____________________________________________________________________
Any person who believes that he/she has been discriminated against on the basis of race, color, national origin, sex, age, disability or low income by The Arc Southwest Indiana may file a complaint by completing and submitting the agency’s Title VI/ADA Complaint Form. The ARC Southwest Indiana investigates complaints received no more than 180 days after the alleged incident.
How do you file a complaint?
You may download The Arc Southwest Indiana Title VI/ADA Complaint Form at www.arcswin.org, or request a copy by writing the ARC Southwest Indiana, P.O. Box 5, Princeton, IN. 47670 or phoning at 812-386-6312.
You may file a signed, dated and written complaint no more than 180 days from the date of the alleged incident. The complaint should include:
– Your name, address and telephone number.
– How, why, and when you believe you were discriminated against. Include as much specific, detailed information as possible about the alleged acts of discrimination, and any other relevant information.
– The names of any persons, if known, whom the director could contact for clarity of your allegations.
Please submit your complaint form to address listed below:
Stan Keepes, Executive Director
The Arc Southwest Indiana
P.O. Box 5, Princeton, IN. 47670
How will your complaint be handled?
The Arc Southwest Indiana investigates complaints received no more than180 days after the alleged incident. The Arc Southwest Indiana will process complaints that are complete. Once a completed complaint is received, The Arc Southwest Indiana will review it to determine if The Arc Southwest Indiana has jurisdiction. The complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated by The Arc Southwest Indiana.
The Arc Southwest Indiana will generally complete an investigation within 90 days from receipt of a completed complaint form. If more information is needed to resolve the case, The Arc Southwest Indiana may contact the complainant. Unless a longer period is specified by The Arc Southwest Indiana, the complainant will have ten (10) days from the date of the letter to send requested information to The Arc Southwest Indiana’s investigator assigned to the case.
If The Arc Southwest Indiana’s investigator is not contacted by the complainant or does not receive the additional information within the required timeline, The Arc Southwest Indiana may administratively close the case. A case may be administratively closed also if the complainant no longer wishes to pursue their case.
After an investigation is complete, The Arc Southwest Indiana will issue a letter to the complainant summarizing the results of the investigation, stating the findings and advising of any corrective action to be taken as a result of the investigation.
If a complainant disagrees with The Arc Southwest Indiana’s determination, he/she may request reconsideration by submitting a request in writing to The Arc Southwest Indiana’s Executive Director within seven (7) days after the date of The Arc Southwest Indiana’s letter, stating with specificity the basis for the reconsideration. The Executive Director will notify the complainant of his/her decision either to accept or reject the request for reconsideration within 10 days. In cases where reconsideration is granted, the Executive Director will issue a determination letter to the complainant upon completion of the reconsideration review.
A person may also file a complaint directly with the Federal Transit Administration, at FTA Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590.
If information is needed in another language, please contact The Arc Southwest Indiana at 812-386-6312.
Public Notice of Rights under Title VI of the Civil Rights Act of 1964
The Arc Southwest Indiana
The Arc Southwest Indiana operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who believes he or she has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with The Arc of Gibson County.
For information on The Arc Southwest Indiana civil rights plan and the procedures to file a complaint contact Stan Keepes, phone: 812-386-6312, TTY contact #-800-743-3333; Info@ArcSWIN.org or visit our office at 421 S. Main St., Princeton, Indiana, 47670. For more information visit www.ArcSWIN.org.
A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the:
Federal Transit Administration
Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor –TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
If information is needed in another language or alternate format contact Stan Keepes, at 812-386-6312, TTY contact #-800-743-3333, Info@ArcofGibsonCounty.org
(Appendix 7) Language Assistance Plan
Plan Components
As a recipient of federal US DOT funding, The Arc Southwest Indiana
is required to take reasonable steps to ensure meaningful access to our programs and activities by limited-English proficient (LEP) persons.
Limited English Proficient (LEP): Refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak or understand English. This includes those who have reported to the U.S. Census that they speak English less than very well, not well, or not at all.
Most individuals in Indiana read, write, speak and understand English. There are some individuals for whom English is not their primary language. If these individuals have a limited ability to read, write, speak, or understand English, they are considered limited English proficient, or ‘‘LEP.’’
The Arc Southwest Indiana’s Language Assistance Plan includes the following elements:
- The results of the Four Factor Analysis, including a description of the LEP population(s), served.
- A description of how language assistance services are provided by language
- A description of how LEP persons are informed of the availability of language assistance service
- A description of how the language assistance plan is monitored and updated
- A description of how employees are trained to provide language assistance to LEP persons
- Additional information deemed necessary
Methodology
To determine if an individual is entitled to language assistance and what specific services are appropriate, The Arc Southwest Indianahas conducted a Four Factor Analysis[1] of the following areas: 1) Demography, 2) Frequency, 3) Importance and 4) Resources and Costs.
LEP Four Factor Analysis
- Factor 1: Demography: What is the number or proportion of LEP persons served and the languages spoken in the service area?
The Arc Southwest Indiana provides transportation services in Gibson and Pike Counties.
Per this site-http://www.migrationpolicy.org/sites/default/files/datahub/LEPstate-countyData.xlsx -Please see data provided by the Migration Policy Institute. See attached chart.
Gibson County-Total population-31,200. Spanish-200= .64%. There are no other languages with LEP individuals listed. Pike County-Total population-12,200. No LEP individuals are listed for Pike County.
The Arc Southwest is below the safe harbor threshold and is not required to provide written translation of vital documents. In the future, if The Arc Southwest Indiana meets the Safe Harbor Threshold for any language group, it will provide written translation of vital documents in such languages and consider measures needed for oral interpretation.
- Factor 2: Frequency: How often does your staff come into contact with LEP persons?
There have been no requests for rides or information about the program or rides from LEP individuals or groups. We do serve individuals who have developmental disabilities that do not speak well.
The Arc Southwest Indiana participates in the Ride Solution coordinated public transportation effort and Ride Solution indicated that they have received no requests for services from Hispanic LEP individuals in Gibson or Pike counties.
- Factor 3: Importance: How does the program, service or activity affect people’s lives?
The Arc Southwest Indiana provides transportation services to individuals who are enrolled in agency programs. This includes sheltered group homes and Medicaid Waiver funded homes, in which transportation services would include rides to work, medical appointments, shopping and recreation. This service is available 24 hours a day, seven days a week as needed. The Arc Southwest Indiana also provides transportation to individuals enrolled in our sheltered workcenter and Life Skills programs. This service consists of four fixed routes that provide transportation to The Arc Southwest Indiana work center. The routes are restricted to The Arc Southwest Indiana consumers. This service is available Monday-Friday, one route at 7:00 am and one route at 3:00 pm.
Additionally, The Arc Southwest Indiana participates in the Ride Solution coordinated public transportation effort. The Arc Southwest Indiana is dispatched as a second option when a regular Ride Solution vehicle is not available. The Arc Southwest Indiana is available in this regard, Monday through Friday between the hours of 7:00 am and 4:00 pm. The trip purpose for this service includes work, medical appointments, and other personal matters.
- Factor 4: Resources and Costs: What funding and other resources are available for LEP outreach?
Because of the very low percentage of LEP in our community, a formal training program has not been necessary. In our organization, we have had the need to use communication books or photographs to communicate with individuals with severe development disabilities.
Additional Required Elements
In addition to the Four Factor Analysis, The Arc Southwest Indiana addresses the following issues:
| A description of how language assistance services are provided by language We have the meeting schedule on our website in Spanish for our TAC Committee meetings. The Arc Southwest Indiana would also welcome any interested party from an LEP to set on our Transportation Advisory Committee. If translation is needed, we can request assistance through the county for an interpreter. Per the LEP data presented under Factor 1, there are no other languages found in Gibson County. | |
| A description of how LEP persons are informed of the availability of language assistance service Placards have been placed in all The Arc Southwest Indiana vehicles. The placards are notification of The Arc Southwest Indiana Title VI Program and the availability of assistance if required. Notice of the Title VI program is also posted in the foyer of our central office and on our website-www.arcswin.org. | |
| A description of how the language assistance plan is monitored and updated The Arc Southwest Indiana will continually monitor ridership and transportation requests from LEP persons. The Arc Southwest Indiana will evaluate the Title VI program at the first of each calendar year and update as necessary. | |
| A description of how employees are trained to provide language assistance to LEP persons Because of the very low percentage of LEP in our community, a formal training program has not been necessary. In our organization, we have had the need to use communication books or photographs to communicate with individuals we serve with severe development disabilities. |
The Arc Southwest Indiana– Summary of the Language Assistance Plan Components
| Item #1 – Results of the Four Factor Analysis (including a description of the LEP population(s) served) |
Factor 1 – Demography
The Arc Southwest Indiana provides transportation services in Gibson and Pike Counties.
See Factor I above for Demography.
The Safe Harbor Threshold is calculated by dividing the population estimate for a language group that “speaks English less then very well” by the total population of the county. The LEP Safe Harbor Threshold provision stipulates that for each LEP group that meets the LEP language threshold (5% or 1,000 individuals, whichever is less), the ARC Southwest Indiana must provide translation of vital documents in written format for non-English speaking persons.
Even though the Arc Southwest Indiana is below the safe harbor threshold and is not required to provide written translation of vital documents, In the future, if The Arc Southwest Indiana meets the Safe Harbor Threshold for any language group, it will provide written translation of vital documents in such languages and consider measures needed for oral interpretation.
Factor 2 – Frequency
The Arc Southwest Indiana will be trained on what to do when they encounter a person that speaks English less than well. The Arc Southwest Indiana will track the number of encounters and consider making adjustments as needed to its outreach efforts to ensure meaningful access to all persons and specifically to LEP and minority populations of The Arc Southwest Indiana’s programs and services.
The Arc Southwest Indiana provides rides to 117 persons per year. While formal data has not been collected, The Arc Southwest Indiana has indicated it has encountered 0 LEP persons using the Gibson/Pike County service and Ride Solution service within the last six months.
Factor 3 – Importance
The Arc Southwest Indiana understands an LEP person with language barrier challenges also faces difficulties obtaining health care, education or access to employment. A transportation system is a key link to connecting LEP persons to these essential services.
The Arc Southwest Indiana has identified activities and services which would have serious consequences to individuals if language barriers prevented access to information or the benefits of those programs. The activities and services include providing emergency evacuation instructions in our facilities, stations and vehicles and providing information to the public on security awareness or emergency preparedness.
Factor 4 – Resources and Costs
The Arc Southwest Indiana does not have a separate budget for LEP outreach, The Arc Southwest Indiana has worked to implement low cost methods of reaching LEP persons. In our organization, we have had the need to use communication books or photographs to communicate with individuals with severe development disabilities.
| Item # 2 – Description of how Language Assistance Services are Provided, by Language |
Any language barriers or LEP assistance will be identified through our intake process before a client begins services with our agency. At the time of intake, a translator will be made available to communicate our agency policies and procedures, including transportation. Additional tools will be determined at that time to assess the needs for future communication tools.
| Item # 3 – | Description of how LEP Persons are Informed of the Availability of Language Assistance Service |
The Arc Southwest Indiana publishes TAC Mtg. schedules in Spanish and English on the website, provide pictograms and other symbols in relevant published materials, striving to employ multilingual staff, and creating and posting multi-language announcements, posters and other information.
The Arc Southwest Indiana also attends Latin festivals and functions in the area for the LEP population. The cost is relatively low but the ability to reach the LEP population is high. The Arc Southwest Indiana will continue to reach out to LEP populations by visiting ethnic meal sites and/or community centers and groups, local non-English speaking churches, and local stores or markets catering to immigrants/non-English speaking populations.
| Item # 4 – Description of how the Language Assistance Plan is Monitored and Updated |
The Arc Southwest Indiana reviews its plan on an annual basis or more frequently as needed. In particular, The Arc Southwest Indiana will evaluate the information collected on encounters with LEP persons as well to determine if adjustments should be made to the delivering of programs and services to ensure meaningful access to minority and LEP persons.
| Item # 5 – | Description of how Employees are Trained to Provide Language Assistance to LEP Persons |
The Arc Southwest Indiana’s employees are educated on the principles of Title VI and The Arc Southwest Indiana’s Language Assistance Plan. New employees will be provided guidance on the needs of clients served and how best to meet their needs.
An important discussion point is that of language assistance. If a driver, dispatcher or employee needs further assistance related to LEP program participants, her/she will work with The Arc Southwest Indiana’s Title VI Coordinator to identify strategies to meet the language needs of the participants of the program or service.
(Appendix 8) – Minority Representation Information
Minority Representation Table
The table below depicts The Arc Southwest Indiana’s committees related to transit: Board of Directors and its Transportation Advisory Committee.
| Body | Caucasian | Hispanic | African American | Asian American | Native American |
| Population | 96.46 | 1.5% | 1.91% | .52% | .19% |
| Board of Directors | 100% | 0 | 0 | 0 | 0 |
| Transportation Advisory Committee | 100% | 0 | 0 | 0 | 0 |
B. Efforts to Encourage Minority Participation
The Arc Southwest Indiana understands diverse representation on committees, councils and boards results in sound policy reflective of its entire population. As such, The Arc Southwest Indiana encourages participation of all in the community. As vacancies on boards, committees and councils become available, The Arc Southwest Indiana will make efforts to encourage and promote diversity. To encourage participation on its boards and committees, The Arc Southwest Indiana will continue to reach out to the community to connect with all populations. In addition, The Arc Southwest Indiana will use and create ways to make participating realistic and reasonable.
[1] DOT LEP guidance https://www.govinfo.gov/content/pkg/FR-2005-12-14/html/05-23972.htm