ADA Policy and Procedures

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Valley Metro will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities.

Employment: Valley Metro does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: Valley Metro will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Valley Metro’s programs, services and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing or vision impairments.

Modifications to Policies and Procedures: Valley Metro will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services and activities.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a Valley Metro program, service or activity, should contact Valley Metro at 540-982-0305 as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require Valley Metro to take any action that would fundamentally alter the nature of its programs or services, or impose any undue financial or administrative burden.

Valley Metro will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy.

ADA Complaint(s)

Any complaint(s) that a Valley Metro program, service or activity is not accessible to persons with disabilities should be directed to:

Director of Human Resources
Tammy Campbell
Email: hrinfo@valleymetro.com
Office: +1 540 982 0305 ext. 115

Valley Metro
1108 Campbell Ave SE
Roanoke, VA 24014

Valley Metro Discrimination Complaint Procedures

Summary:

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by Valley Metro.

Applicability:

This complaint process is available to all individuals that are not current employees of Valley Metro. This includes but is not limited to; visitors to Valley metro, members of the general public, Board or committee members, working group members, vendors, or any other individual transacting business with or using services of Valley Metro that have been subjected to possible discrimination by Valley Metro employees, contractors, and or consultants. In general this complainant process is designed to address any disputes concerning:

  1. 1. Disagreements regarding a requested service, accommodation, or modification of a Valley Metro practice or requirement;
  2. 2. Inaccessibility of a program, publication, or activity;
  3. 3. Harassment or discrimination based on membership in a protected category under state or federal law;
  4. 4. Violation of privacy in the context of disability.

Grievance Procedure:

  1. 1. When to File Complaint – The complaint should be in writing and contain information about the alleged discrimination. The complaint should be submitted by the complainant and/or his/her designee as soon as possible but no later than sixty (60) calendar days of:
    1. a. The date of the alleged discriminatory action; or
    2. b. The date on which prior ongoing conduct was discontinued; or
    3. c. The date the complainant had knowledge of the alleged discriminatory practice.

    4. Complaints may be accepted by Valley metro beyond the sixty (60) calendar day deadline at the discretion of the Civil Rights Officer.

  2. 2. What to File – The complaint must be in writing and including the following information:
    1. a. The complainants’ name, address, e-mail address, and phone number;
    2. b. A full description of the problem;
    3. c. A statement of the remedy requested.
  3. 3. Filing Options – Complaints may be submitted with the following methods:
    1. a. Filed with the Civil Rights Officer or Human Resources Director at Valley Metro

      Tammy Campbell
      Director of Human Resources
      Valley Metro
      1108 Campbell Avenue, SE
      Roanoke, VA 24013

    2. b. E-mailed to hrinfo@valleymetro.com

Alternative Filing Methods:

Alternative means of filing complaints, such as personal interviews or tape recording of the complaint, will be made available for persons with disabilities upon request.

  1. 4. Notice of Receipt - Within 15 calendar days after receipt of the complaint, the Director of Human Resources or her designee will meet with the complainant to discuss the complaint and the possible resolution.
  2. 5. Investigation – An investigation will be promptly initiated. In undertaking the investigation the Director of Human Resources may interview, consult with, and/or request a written response to the issues raise dint he complaint from any individual that is believed to have relevant information, including staff and members of the public.
  3. 6. Findings and Notification – Within fifteen (15) calendar days of the completion of the investigation, the Director of Human Resources or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille or audio tape to the complainant. The response will explain Valley Metro’s position and offer options for substantive resolution of the complaint.
    1. a. If the Director of Human Resources determines that the discrimination compliant lacks merit establishing prima facie or there is insufficient evidence to substantiate the allegations, the Director of Human Resources will forward the matter to the Director of Transportation for an appropriate follow up.

Complainant Responsibilities:

Complainants must cooperate with this process in order to reach a resolution of the complaint. Failure to cooperator, provide requested information to support the complaint, and/or maintain communication throughout the process will likely result in the closure of the case.

Complainants must provide their correct and most current contact information in order to proceed with a complaint. Inaccurate or incomplete contact information will likely result in a closure of the case.

Complaninants may request in writing to discontinue a compliant at any time they feel it has been resolved to their satisfaction or they feel no need to continue with the matter.

Complainants should be aware that complaints with established merit may still require follow up by Valley Metro, regardless of whether a complainant has requested to discontinue their compliant.

Appeal:

If Valley Metro’s response does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within fifteen (15) calendar days after receipt of the response to Valley Metro’s Assistant General Manager (AGM). Contact information for Valley Metro’s AGM:

Ron Parker
Assistant General Manager
Valley Metro
1108 Campbell Ave, SE
Roanoke, VA 24013

Within 15 calendar days after receipt of the appeal, the AGM or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the AGM or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints, appeals, and responses received by Valley Metro will be retained for at least three (3) years.

Additional Filing Options:

Federal Transit Administration (FTA) – Office of Civil Rights:
Any complainant who believes themselves subjected to discrimination prohibited by Title VI may file a written complaint with the FTA. A complaint must be filed with the TA no later than one hundred-eighty (180) calendar days after the date of the alleged discrimination, unless the time for filing is extended by FTA. Title VI complaints regarding funded programs at Valley Metro can be sent to:

FTA Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor – TCR
1200 New Jersey Ave. SE, Washington DC 20590

Department of Fair Employment and Housing (DFEH):
Written complaints may also be filled with DFEH. A complaint must be filled with DFEH no later than three hundred sixty-fix (365) calendar days after the date of the alleged discrimination. Compaints must be sent to:

Department of Fair Employment and Housing
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758

Confidentiality:

Valley Metro will take reasonable measures to ensure that the privacy of the complainant and those involved and/or may be the subject of the complaint. However, Valley Metro cannot guaranty privacy especially if disclosure is necessary for a complete the investigation or where disclosure is required by law.

Updated 8.27.2019