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<br />Board Policy No. 26 <br />Discrimination Complaint Procedures <br /> <br />Page 1 of 5 <br />Summary <br /> <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 /> <br />Background <br /> <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 /> <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. It is NCTD’s policy to prohibit discrimination by its employees (including <br />supervisors and managers), contractors, and consultants on the basis of race, color, national <br />origin, religion, religious creed (including religious dress and grooming practices), gender, sex <br />(including pregnancy, childbirth, breastfeeding, and medical conditions related to pregnancy, <br />childbirth, and breastfeeding), sexual orientation, gender identity and/or expression, age (40 and <br />over), marital status/domestic partner status, ancestry, physical or mental disability, medical <br />condition, genetic information and characteristics, primary language, immigration status, military <br />/veteran status, or any other protected characteristic protected by federal, state, or local law. <br />Persons who believe they have been subjected to discrimination or have been denied access to <br />services or accommodations required by law, have the right to use this grievance procedure. <br /> <br />In order to comply with 49 CFR Part 21, NCTD, as a recipient of Federal Transit Administration <br />(FTA) funding, is required to develop procedures for investigating and tracking Title VI complaints <br />and to make the procedures for filing a complaint available to members of the public upon request. <br />This policy contains the procedures that members of the public should follow in order to request <br />additional information regarding NCTD’s nondiscrimination obligations or file a discrimination <br />complaint against NCTD. <br /> <br />Applicability <br /> <br />This complaint procedure is applicable to all persons who are not applicants or employees of <br />NCTD. This includes, but is not limited to, visitors to NCTD; members of the public; Board, <br />committee and working group members; vendors; or any other persons transacting business with <br />NCTD or using NCTD’s services who believe that they have been subjected to discrimination by <br />NCTD employees, contractors, or consultants. In general, the complaint procedure is designed <br />to address disputes concerning the following: <br /> <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;