Shen-Paco Industries, Inc. -

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

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

Employment:   Shen-Paco Industries, Inc. 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:  Shen-Paco Industries, Inc. will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Shen-Paco’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:  Shen- Paco Industries, Inc. 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 Shen-Paco Industries, Inc. program, service, or activity, should contact the [Agency Name]’s ADA Coordinator, Barbie Sharp at (540) 743-4761 or bsharp@shenpaco.com as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require Shen-Paco Industries, Inc. to take any action that would fundamentally alter the nature of its programs or services, or impose any undue financial or administrative burden.

Complaints that a Shen-Paco Industries, Inc.  program, service, or activity is not accessible to persons with disabilities should be directed to Shen-Paco’s ADA Coordinator Barbie Sharp at (540) 743-4761 or bsharp@shenpaco.com.

Shen-Paco Industries, Inc. 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 GRIEVANCE PROCEDURES


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 Shen-Paco Industries, Inc..

The Complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant, location, date, and description of the alleged discrimination.  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.

The complaint should be submitted by the complainant and/or their designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Barbie Sharp,
34 Stoney Brook Lane
Luray, Va 22835

(540) 743-4761

TTY/TDD (for the deaf or hard-of-hearing) 1-800-828-1120 or 711

Within 15 calendar days after receipt of the complaint Barbie Sharp or their designee will meet with the complainant to discuss the complaint and the possible resolution.  Within 15 calendar days of the meeting Barbie Sharp or their designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille or audio tape.  The response will explain Shen-Paco Industries, Inc.’s position and offer options for substantive resolution of the complaint.

If Shen-Paco Industries, Inc’s response does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision within 15 calendar days after receipt of the response to the Virginia Department of Rail and Public Transportation.

All written complaints received by Barbie Sharp or their designee, appeals to the Department of Rail and Public Transportation or their designee, and responses from these two offices will be retained by Shen-Paco Industries, Inc.  for at least three years.


TITLE VI NOTICE TO THE PUBLIC

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance.  Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d).

Shen-Paco Industries, Inc.  is committed to ensuring that no person is excluded from participation in, or denied the benefits of its transportation services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular 4702.1B.  If you feel you are being denied participation in or being denied benefits of the transit services provided by Shen-Paco Industries, Inc., or otherwise being discriminated against because of your race, color, national origin, gender, age, or disability, our contact information is:

 
Barbie Sharp

Program Director

Shen-Paco Industries, Inc.

34 Stoney Brook Lane

Luray, Va 22835

(540) 743-4761




TITLE VI COMPLAINT PROCEDURES


Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with Shen-Paco Industries Inc.’s Title VI Compliance Officer.  A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.

 
The complaint must meet the following requirements:

Complaint shall be in writing and signed by the complainant(s).

1. Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct).
2. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained-of incident.
3. Allegations received by fax or e-mail will be acknowledged and processed, once the identity(ies) of the complainant(s) and the intent to proceed with the complaint have been established. The complainant is required to mail a signed, original copy of the fax or e-mail transmittal for Shen-Paco Industries, Inc. to be able to process it.
4. Allegations received by telephone will be reduced to writing and provided to complainant for confirmation or revision before processing.
5. A complaint form will be forwarded to the complainant for him/her to complete, sign, and return to Shen-Paco Industries, Inc. for processing.

 
Upon receipt of the complaint, the Title VI Compliance Officer will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint.

 In order to be accepted, a complaint must meet the following criteria:

1. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant.
2.  The allegation(s) must involve a covered basis such as race, color, or national origin.
3. The allegation(s) must involve a program or activity of a federal-aid recipient, subrecipient, or contractor.

 A complaint may be dismissed for the following reasons:

1. The complainant requests the withdrawal of the complaint.
2. The complainant fails to respond to repeated requests for addition information needed to process the complaint.
3. The complainant cannot be located after reasonable attempts.

 Once Shen-Paco Industries, Inc. decides to accept the complaint for investigation, the complainant and the respondent will be notified in writing of such determination within seven (7) calendar days. The complaint will receive a case number and will then be logged into Shen-Paco Industries, Inc.’s records identifying its basis and alleged harm.

 In cases where Shen-Paco Industries Inc. assumes the investigation of the complaint, Shen-Paco  will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of Shen-Paco written notification of acceptance of the complaint to furnish his/her response to the allegations.

 
Shen-Paco’s final investigative report and a copy of the complaint will be forwarded to FTA (or appropriate agency) and affected parties within 60 calendar days of the acceptance of the complaint.

 
Shen-Paco will notify the parties of its final decision.

 
f complainant is not satisfied with the results of the investigation of the alleged discrimination and practices the complainant will be advised of their right file a complaint with FTA.



PROCEDURES FOR NOTIFYING THE PUBLIC OF TITLE VI RIGHTS AND HOW TO FILE A COMPLAINT
 
Shen-Paco Industries includes the following language on all printed information materials, on the agency’s website, in press releases, in public notices, in published documents, and on posters on the interior of each vehicle operated in passenger service:
 
Shen-Paco Industries is committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color or national origin, as protected by Title VI of the Civil Rights Act of 1964.
 
For additional information on Shen-Paco’s nondiscrimination policies and procedures or to file a complaint, please visit the website at www.shenpaco.com or contact Barbie Sharp, Program Director, 34 Stoney Brook Lane, Luray, VA. 22835 (540) 743-4761.
 
Instructions for filing Title VI complaints are posted on the agency’s website and in posters on the interior of each vehicle operated in passenger service, and are also included within Shen-Paco’s employee handbook.
 
If you believe you have been subjected to discrimination under Title VI based on your race, color, national origin, or any aspect of this policy, you may file a complaint up to 180 days from the date of the alleged discrimination.
The complaint should include the following information:
 
· Your name, address, and how to contact you (i.e., telephone number, email address, etc.)
· How, when, where, and why you believe you were discriminated against.
· The location, names and contact information of any witnesses.
 
The complaint may be filed in writing to:
Barbie Sharp, Program Director
34 Stoney Brook Lane, Luray, VA. 22835
(540) 743-4761


DISCRIMINATION COMPLAINT PROCEDURES – HANDLING,
TRACKING, RESOLVING, AND REPORTING INVESTIGATIONS/
COMPLAINTS

Any individual may exercise his or her right to file a complaint with DRPT if that person believes that s/he or any other program beneficiaries have been subjected to unequal treatment or discrimination in the receipt of benefits/services or prohibited by
non-discrimination requirements. DRPT will make a concerted effort to resolve complaints locally, using the agency’s Nondiscrimination Complaint Procedures, as described below. All Title VI complaints and their resolution will be logged as described under “Data collection” and reported immediately. 

Should any Title VI investigations be initiated by FTA, or any Title VI lawsuits be filed against DRPT, the agency will follow these procedures: 

These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 as amended, and the Civil Rights Restoration Act of 1987, relating to any program or activity administered by DRPT, as well as to subrecipients, consultants, and/or contractors. Intimidation or retaliation of any kind is prohibited by law. These
procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for
the complainant. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the Title VI Compliance Officer may be utilized for resolution. The Title VI Compliance Officer will make every effort to pursue a resolution to the
complaint. Initial interviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities.

 
Procedures

 1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with DRPT’s Title VI Program Compliance Officer. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements.

a. Complaint shall be in writing and signed by the complainant(s).

b. Include the date of the alleged act of discrimination (date when the
complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct).

c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained-of incident.

d. Allegations received by fax or e-mail will be acknowledged and
processed, once the identity(ies) of the complainant(s) and the intent to proceed with the complaint have been established. The complainant is required to mail a signed, original copy of the fax or e-mail transmittal for DRPT to process it.

e. Allegations received by telephone will be reduced to writing and
provided to complainant for confirmation or revision before processing. 

f. A complaint form will be forwarded to the complainant
for him/her to complete, sign, and return to DRPT for processing.

2. Upon receipt of the complaint, the Title VI Compliance Officer will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint. In cases where the complaint is against one of DRPT’s subrecipients of federal funds, DRPT will assume jurisdiction and will investigate and adjudicate the case. Complaints against DRPT will be referred to FTA or the appropriate Federal Agency for proper disposition pursuant to their procedures.

3. In order to be accepted, a complaint must meet the following criteria:

a. The complaint must be filed within 180 calendar days of the alleged
occurrence or when the alleged discrimination became known to the
complainant.

b. The allegation(s) must involve a covered basis such as race, color, or national origin.

c. The allegation(s) must involve a program or activity of a federal-aid
recipient, subrecipient, or contractor.

4. A complaint may be dismissed for the following reasons:

a. The complainant requests the withdrawal of the complaint.

b. The complainant fails to respond to repeated requests for addition
information needed to process the complaint.

c. The complainant cannot be located after reasonable attempts.


5. Once DRPT decides to accept the complaint for investigation, the
complainant and the respondent will be notified in writing of such
determination within seven calendar days. The complaint will receive a case number and will then be logged into DRPT’s records identifying its basis and alleged harm.

6. In cases where DRPT assumes the investigation of the complaint, DRPT will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of DRPT written notification of acceptance of the complaint to furnish his/her response to the allegations.

7. DRPT’s final investigative report and a copy of the complaint will be
forwarded to FTA (or appropriate Federal Agency) and affected parties
within 60 calendar days of the acceptance of the complaint.

8. DRPT will notify the parties of its final decision.  

9. If complainant is not satisfied with the results of the investigation of the alleged discrimination and practices the complainant will be advised of their right file a complaint with FTA.


Non Discrimination Statement

Shen-Paco gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Act of 1964 and all related statutes.  Title VI requires that no person in the United States of America shall, on the grounds of race, color, or national origin, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Shen-Paco receives Federal financial assistance.

Please contact Shen-Paco to request a copy of the department’s Title VI program. 

Any person who believes that he or she has, individually, or as a member of any specific class of persons, been excluded from the participation in, been denied the benefits of, or been otherwise subjected to discrimination under any program or activity for which SPI provides assistance, and believes the discrimination is based upon race, color, national origin, gender, age, economic status or limited English proficiency has the right to file a formal complaint. 

If a complaint addresses a particular service provider, the complaint should be lodged with that provider.   A complaint must be submitted within 180 days of the alleged discriminatory act.  Complaints may also be filed with the US Federal Transit Administration.  If a complaint addresses DRPT, you may file the complaint thru email via the link below , by phone or in writing.

For complainants who may be unable to file a written complaint, verbal information will be accepted at Shen-Paco Industries, Inc.
(540-743-4761 or bsharp@shenpaco.com) as well as by the individual service providers. 

To submit a formal complaint or to request additional information on Title VI obligations Shen-Paco.

Shen-Paco Industries, Inc.
Barbie Sharp, Title VI Compliance Officer
34 Stoney Brook Lane Luray, Va 22835
(540) 743-4761








 
 
 
 
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