Title VI Complaint Procedure

Discrimination Complaint Procedure for City of Bellingham, Washington

Federal law prohibits discrimination on the basis of race, color, or national origin in any City of Bellingham program, service, or activity. This prohibition applies to all departments of the City of Bellingham, its contractors, consultants, and anyone else who acts on behalf of the City of Bellingham.

Complaints related to the Federal-aid programs may be filed with the City of Bellingham and will be forwarded to Washington State Department of Transportation – Office of Equal Opportunity. If you need assistance to file your complaint or need interpretation services, please contact:

City of Bellingham Public Works Department OR
2221 Pacific Street, Bellingham WA 98229
E-mail: askPW@cob.org
Phone: (360) 778-7700

OR

Holly Pederson, ADA/Title VI Coordinator
210 Lottie Street, Bellingham WA 98225
E-mail: hdpederson@cob.org; ADA@cob.org
Phone: (360) 778-7950

Who is eligible to file a complaint?

Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any City of Bellingham program, service, or activity because of their race, color, or national origin may file a complaint.

Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated a discrimination investigation.

Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any City of Bellingham program, service, or activity because of their race, color, or national origin may file a complaint.

Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated a discrimination investigation.

How do you file a complaint?

Complaints must be filed no later than 180 days from the last date of the alleged discrimination. Contact the City of Bellingham ADA/Title VI Coordinator by calling (360) 778-7950 or by emailing ADA@cob.org if you believe your complaint may fall outside this deadline.

Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and others unable to file a written complaint. For assistance in filing a complaint, please contact the City of Bellingham ADA/Title VI Coordinator by calling (360) 778-7950 or by emailing ADA@cob.org.

Complaints should be in writing, signed, and may be filed by mail, fax, in person, or e-mail. If a complainant phones the City of Bellingham with allegations, the allegations of the complaint will be transcribed as provided by phone and then the written complaint will be sent to the complainant for correction and signature.

A complaint should contain the following information:

• The complainant’s contact information, including, if available: full name, mailing address, phone number (and best time to call), and email address (if available);
• The basis of the complaint (e.g., race, color, national origin);
• The names of specific person(s) and/or agencies/organizations alleged to have discriminated;
• A description of the alleged discriminatory actions, meaning sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives Federal financial assistance; and
• The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination is ongoing.

All Title VI complaints are logged. The Complaint log must contain the following information for each complaint filed:

• The name and address of the person filing the complaint.
• The date of the complaint.
• The basis of the complaint.
• The disposition of the complaint.
• The status of the complaint.

The Complaint Log and documentation are destroyed four years after the end of the fiscal year in which the case is closed.

The City of Bellingham then forwards complaints to WSDOT-Office of Equal Opportunity for processing by FHWA. [WSDOT investigates complaints only if delegated by FHWA after acceptance of a complaint.] FHWA is responsible for all determinations regarding whether to accept, dismiss, or transfer the complaint and finding no violation or failure to comply.

Complainants have the right to file a complaint directly with the federal funding agency. The following address is where Title VI complaints may be filed directly with FHWA:

Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights
8th Floor E81-105
1200 New Jersey Avenue, SE
Washington, DC 20590
CivilRights.FHWA@dot.gov

What happens after a complaint is filed?

If your complaint is forwarded to another agency, you will be provided the name and contact information of the employee handling your complaint.

Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation. Any alleged retaliation should be reported in writing to the investigator.

FHWA will render final decisions in all cases including those investigated by WSDOT. There are no administrative appeal forums in Title VI complaints. Once FHWA issues its final agency decision, a complaint is closed.

There is no prohibition against a complainant filing a Title VI complaint simultaneously with an LPA, WSDOT, and FHWA.