Non-Discrimination Pact for Disabled People

The Center for the Study of the Force Majeure (CFM) is committed to providing persons with disabilities equal opportunity to participate in or benefit from its programs, services, and activities through its compliance with Section 504 of the Rehabilitation Act of 1973.2

CFM recognizes that persons with disabilities may need reasonable modifications to have equal opportunities to participate in or benefit from CFM programs, services, and activities. It is CFM policy that no otherwise qualified individual with a disability will be denied access to or participation in any program, service, or activity offered by CFM. CFM will administer programs, services, and activities in the most integrated setting appropriate to the needs of qualified persons with disabilities.

CFM will provide at no cost appropriate auxiliary aids and services where necessary to afford people with disabilities an equal opportunity to participate in and benefit from the programs, services, and activities provided by CFM. Auxiliary aids and services may include qualified interpreters to individuals who are deaf or hard of hearing and must be provided in a timely manner and in such a way as to protect the privacy and independence of the individual. Persons with disabilities have a right to request reasonable modifications to allow them to participate in or benefit from CFM’s services and activities. CFM and any of its agents will not coerce, intimidate, retaliate against, or discriminate against any individual for exercising a right under Section 504, or for assisting or supporting another to exercise a right under Section 504.

This Program and Policy applies to all CFM subrecipients, agents and contractors.

Compliance with Grievance Procedures

The Center for the Study of the Force Majeure (CFM) will comply with criteria set forth in the Procedural Safeguards Checklist for Recipients - Federal NonDiscrimination Obligations and Best Practices.

These are also reflected in various Informal Resolution Agreements (IRAs) entered into between EPA and CFM. IRAs can be found on EPA’s webpage at External Civil Rights Case Resolutions. These criteria are for the purpose of assisting applicants for and recipients of EPA financial assistance in complying with federal civil rights laws and EPA’s nondiscrimination regulation. They do not constitute legal advice, a determination of civil rights compliance, nor an endorsement of the effectiveness in practice of any grievance process. In the event of any conflict between the criteria and any statute, regulation or other legal requirement, those legal authorities, and not the criteria, are controlling.

Some requirements and best practices for grievance procedures that should be considered, when applicable, along with Department of Education's guidance on grievance procedures for complaints raising allegations of violation of Title IX of the Education Amendments of 19722 (Title IX), and its implementing regulations include the following:

• prominent publication of the grievance procedures in print and online;

• clear identification of the non-discrimination coordinator, including name and contact information;

• explanation of the role of the non-discrimination coordinator, including with respect to the coordination and oversight of the grievance procedures;

• description of who may file a complaint under the grievance procedures and the appropriate bases for filing a complaint;

• description of which grievance processes are available, if more than one (e.g., those covering Title IX, as opposed to Title VI and other civil rights authorities) and the options for complainants in pursuing them;

• description of the investigation process(es) and timelines for the submission of a discrimination complaint; 1 40 C.F.R. § 7.90(a).

Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency, prohibits discrimination on the basis of race, color, national origin, age, sex, or handicap in programs or activities receiving federal assistance from the U.S. Environmental Protection Agency (U.S. EPA).

It requires recipients of federal assistance from the U.S. EPA to:

• Collect, maintain, and provide information showing compliance with 40 CFR, Part 7;

• Designate a person to be the Nondiscrimination Compliance Coordinator (NCC) to coordinate efforts to comply with 40 CFR, Part 7;

• Adopt grievance procedures that assure the prompt and fair resolution of discrimination complaints alleging violations of 40 CFR, Part 7; and

• Provide continuing and prominent public notice of nondiscrimination on the basis of race, color, national origin, age, sex, or handicap, and of the identity and contact information for the NCC.

As set forth below, it is CFM’s policy not to discriminate on the basis of several factors, including those in 40 CFR, Part 7. In addition, CFM adopts the following procedures to implement the requirements of 40 CFR, Part 7.

Procedures to Implement the Requirements of 40 CFR, Part 7

CFM shall collect, maintain, and on request of the U.S. EPA, Office of Civil Rights (OCR), provide the following information to show compliance with 40 CFR, Part 7:

• A brief description of any lawsuits pending against CFM that allege discrimination which 40 CFR, Part 7, prohibits;

• Racial/ethnic, national origin, age, sex, handicap, and disability data, or EPA Form 4700-4 information submitted with CFM applications for U.S. EPA assistance;

• A log of discrimination complaints that identifies the complaint, the date it was filed, the date CFM’s investigation was completed, the disposition, and the date of disposition;

• Reports of any compliance reviews conducted by any other agencies;

• Additional data and information specific to certain CFM programs or activities to determine compliance where there is reason to believe that discrimination may exist in a CFM program or activity or to investigate a complaint alleging discrimination in a CFM program or activity; When preparing compliance information, CFM shall use the racial classifications set forth in 40 CFR, Section 7.25, in determining categories of race, color, or national origin; CFM shall keep records of the compliance information identified above, for at least three years after completing a project for which CFM was a recipient of U.S. EPA assistance. When any complaint or other action for alleged failure by CFM to comply with 40 CFR, Part 7, is brought before the three- year period ends, CFM shall keep records until the complaint is resolved; and CFM shall:

• Give OCR access during normal business hours to its books, records, accounts, and other sources of information, including its facilities, as may be pertinent to ascertain compliance with 40 CFR, Part 7;

• Make compliance information available to the public upon request; and

• Assist in obtaining other required information that is in the possession of other state agencies, institutions, or persons not under CFM’s control.

If such party refuses to release that information, CFM shall inform the OCR and explain its efforts to obtain the information.

Nondiscrimination Compliance Coordinator (NCC) The Director of CFM will be responsible of coordination CFM’s efforts to comply with its obligations under 40 CFR, Part 7.

Grievance Procedures

CFM adopts the following grievance procedures in order to assure the prompt and fair resolution of complaints that allege a violation by CFM of 40 CFR, Part 7:

Submittal of Complaint

In order to have a complaint submittal considered for investigation under this procedure, the complainant shall file the complaint no later than 180 calendar days after the date(s) of the alleged act(s) of discrimination. The complaint shall be in writing and signed by the complainant or the complainant’s representative and shall include contact information for the complainant or their representative. The complaint shall specify with as much detail as possible:

• The actions or inactions by CFM that support an alleged violation of 40 CFR, Part 7;

• The alleged discrimination that did or will result from such actions or inactions;

• The identity of the person(s) harmed or potentially harmed by the alleged discrimination; and

• The section of 40 CFR, Part 7, that CFM allegedly violated. CFM may request additional information from the complainant if needed to assist with meeting the complaint requirements listed above. Appropriate assistance shall be provided to individuals with disabilities and individuals with limited English proficiency. Also, complaints in alternate formats shall be accepted from individuals with disabilities, for example, complaints filed on computer disks, on audio tape, or in Braille. All complaint submittals should be mailed to the following address:

PO BOX 4239, Santa Cruz, CA, 95063

Additionally, complainant may submit grievances via CFM’s contact portal.

Logging of Complaint Submittals

All complaint submittals are to be logged. The NCC shall retain a copy of all documents on file in accordance with the records retention schedule. The NCC shall also notify the relevant program manager(s). The following are examples of what will not be logged as a complaint submittal:

• Anonymous submittals;

• Submittals too vague to reasonably determine the allegations of discriminatory conduct;

• Submittals not sufficiently identifying the person(s) harmed or potentially harmed by the alleged discrimination;

• Inquiries seeking advice or information;

• Courtesy copies of court pleadings;

• Courtesy copies of complaints addressed to other local, state, or federal agencies;

• Newspaper articles;

• Web-based media sources such as YouTube videos, e-mail strings, blogposts, comments strings, or Web pages;

• Courtesy copies of internal grievances; and

• Voice mail messages, phone calls, or in-person conversations.

Initial Review of Complaint Submittals

Upon receipt of a complaint and any additional information supporting or otherwise associated with the complaint, a case file shall be established containing all documents and information pertaining to the complaint and an initial review of the case shall be conducted. Step Who Does What 4 NCC Determination if Complaint Warrants Further Investigation: The NCC, based on information in the complaint submittal and other information available, shall determine if:

• CFM has jurisdiction to pursue the matter; and

• The complaint submittal contains sufficient merit to warrant further investigation. A complaint shall warrant further investigation unless:

• It clearly appears on its face to be frivolous or trivial;

• Within the time allotted for making the determination of jurisdiction and investigative merit, CFM reaches an agreed resolution with the complainant;

• Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or

• The complaint was not submitted within the time limit established in Step 1. Within 14 calendar days of receipt of the complaint submittal, the NCC shall inform the complainant if the complaint has or has not been accepted for further investigation. If it is determined that further investigation is not warranted, the reason for such determination shall be recorded in the case file. 5 NCC Further Investigation of Complaint: If the NCC determines the complaint submittal warrants further investigation, the NCC shall review the alleged facts to determine the course of the investigation. The investigation may include interviews of CFM employees, other relevant witnesses, or others named in the complaint. Relevant CFM employees shall make themselves available as necessary.

Report and Determination

The NCC shall issue a report and determination on whether CFM violated 40 CFR, Part 7. The NCC shall prepare a written report of the investigation that shall include a narrative of the incident, an identification of individuals interviewed and evidence reviewed, and findings and a determination. The report and determination shall be placed in the complaint file. Within 180 calendar days of receiving the complaint that warranted investigation, the NCC shall notify the complainant in writing of the findings of the investigation and the recommendations for resolution.

Complainant Appeal

The person submitting the complaint may appeal the decision of the NCC by writing to CFM Director within 30 calendar days of receiving the NCC's decision. CFM’s Director shall issue a written decision in response to the appeal no later than 30 calendar days after its filing.