K-4 - Title VI Non-Discrimination Agreement - Appoint Title VI Coordinator - North Park Road Improvements

5. Notice of Receipt: All complaints shall be referred to the LPA’s Title VI coordinator for review and action. Within 10 days of receipt of the discrimination complaint, the coordinator shall issue an initial written Notice of Receipt that: a) Acknowledges receipt of the discrimination complaint. b) Advises the complainant of his/her right to seek representation by an attorney or other individual of his or her choice in the discrimination complaint process. c) Contains a list of each issue raised in the discrimination complaint. d) Advises the complainant of the timeframes for processing the discrimination complaint and providing a determination. e) Advises the complainant of other avenues of redress of their complaint, including the Iowa DOT, FHWA, USDOT and USDOJ. 6. Notification of the Iowa DOT of a complaint: The LPA shall advise the Iowa DOT within 10 business days of receipt of the complaint. Generally, the following information will be included in every notification to the Iowa DOT. a) Name, address and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). c) Basis of complaint (i.e., race, color, national origin, gender). d) Date of alleged discriminatory act(s). e) Date of complaint received by the LPA. f) A statement of the complaint. g) Other agencies (state, local or federal) where the complaint has been filed. h) An explanation of the actions the LPA has taken or proposed to resolve the issue identified in the complaint. 7. Processing a complaint and time-frame: The total time allowed for processing the discrimination complaint is 90 calendar days from the date the complaint was filed. There is no extension available at this level. This time-frame includes 60 calendar days at the LPA level and 30 days for review at the state level, if needed. If the complainant elects to file a complaint with both the LPA and Iowa DOT, the complainant shall be informed that the LPA has 90 calendar days to process the discrimination complaint and the Iowa DOT shall not investigate the complaint until the 90 calendar-day period has expired. Immediately after issuance of the Notice of Receipt to the complainant (step four), the LPA’s Title VI coordinator shall either begin the fact-finding or investigation of the discrimination complaint, or arrange to have an investigation conducted. Based on the information obtained during that investigation, the coordinator shall render a recommendation for action in a Report of Findings to the head of the LPA. 8. Alternative dispute resolution/mediation process: The complainant must be given an invitation to participate in mediation to resolve the complaint by informal means. The LPA’s Title VI coordinator shall include an invitation to mediation with the Notice of Receipt, offering the opportunity to use the alternative dispute resolution/mediation process. If the complaint selects mediation, it allows disputes to be resolved in a less adversarial manner. With mediation, a neutral party assists two opposing parties in a dispute come to an agreement to resolve their issue. The mediator does not function as a judge or arbiter, but simply helps the parties resolve the dispute themselves. Upon receiving a request to mediate, the LPA’s Title VI coordinator shall identify or designate a mediator who must be a neutral and impartial third party. The mediator must be a person acceptable to all parties and who will assist the parties in resolving their disputes. If the complainant chooses to participate in mediation, she or he or the designee must respond in writing within 10 calendar days of the date of the invitation. This written acceptance must be dated and signed by the complainant and must also include the relief sought.