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Board Policy No. 26 <br />Discrimination Complaint Procedures <br />Page 1 of 6 <br />Summary <br />This policy is intended to establish a procedure under which complaints alleging discrimination in <br />North County Transit District’s (NCTD) provision of services or NCTD activities can be made by <br />persons who are not employees of NCTD. <br />Background <br />It is NCTD’s policy to comply with state and federal laws and regulations including the Americans <br />with Disabilities Act of 1990 (ADA), Title VI of the Civil Rights Act of 1964 (Title VI), 49 CFR Part <br />21, California Code § 51 (Unruh Civil Rights Act), California Code § 11135, California Government <br />Code § 12960(d), and other federal and state discrimination laws. <br />NCTD prohibits discrimination by its employees, contractors, and consultants. The responsibility <br />for the implementation of the discrimination complaint procedures is assigned to NCTD’s Civil <br />Rights Officer. NCTD does not discriminate on the basis of race, color, national origin, sex <br />(including gender identity, sexual orientation, and pregnancy), age, religion, ancestry, marital <br />status, medical condition, disability, or any other protected category under state or federal law in <br />conducting government business. Persons who believe they have been subjected to <br />discrimination or have been denied access to services or accommodations required by law, have <br />the right to use this grievance procedure. Additionally, it is NCTD policy to prohibit mistreatment <br />by its employees, contractors, and consultants on the basis of gender identity or gender <br />expression. <br />In order to comply with 49 CFR Part 21, recipients and sub-recipients of Federal Transit <br />Administration (FTA) funding such as NCTD are required to develop procedures for investigating <br />and tracking Title VI complaints and to make the procedures for filing a complaint available to <br />members of the public upon request. This policy contains the procedures that members of the <br />public should follow in order to request additional information regarding NCTD’s nondiscrimination <br />obligations or file a discrimination complaint against NCTD. <br />Applicability <br />This complaint procedure is applicable to all persons who are not employees of NCTD. This <br />includes, but is not limited to, visitors to NCTD; members of the public; Board, committee and <br />working group members; vendors; or any other persons transacting business with NCTD or using <br />NCTD’s services who believe that they have been subjected to discrimination by NCTD <br />employees, contractors, or consultants. In general, the complaint procedure is designed to <br />address disputes concerning the following: <br />1. Disagreements regarding a requested service, accommodation, or modification of a NCTD <br />practice or requirement; <br />2. Inaccessibility of a program, publication, or activity; <br />3. Harassment or discrimination based on membership in a protected category under state <br />or federal law; <br />4. Violation of privacy in the context of disability.