Nebraska Title VI Civil Rights Administrative Training Slides

INTRODUCTIONS
 Name
 Hometown
 Transit Agency (5310, 5311, Intercity)
 Experience with Transit or Human Service Agency
Administration
 Experience with Title VI
 Diversity in Your Service Area

INTRODUCTION AND BACKGROUND
The Nebraska Department of Roads (NDOR) has
devised this training in order to ensure that each NDOR
sub-recipient, at an early time and in a regular
manner, is informed of and compliant with the Federal
Transit Administration’s (FTA) Title VI requirements.

PROGRAM OBJECTIVES
The direction, guidance and procedures in this training is to
assist subrecipients to:
 Ensure that the level and quality of public transportation
service is provided in a nondiscriminatory manner;
 Promote full and fair participation in public transportation
decision-making without regard to race, color, age,
national origin, disability or sex;
 Ensure meaningful access to transit-related programs and
activities by persons with limited English proficiency.

AGENDA
1. Overview of Statewide Access to Public
Transportation
2. Review Title VI Regulations and Reporting
Requirements
3. Discuss Manual Development Timeline
4. Q&A

711,588 Passengers
2,727,501 Miles Traveled
208 Vehicles
NEBRASKATRANSIT.COM
2014 Nebraska Rural Transit

RURAL PUBLIC TRANSIT SERVICE PROVIDERS
City-wide Service
County Service

INTERCITY BUS ROUTES
Note: There are 12 first class cities that do not have scheduled stops and
which are not on the routes of those providers that make additional stops.

PERCENTAGE OF PERSONS LIVING IN
HOUSEHOLDS WITH
NO VEHICLE AVAILABLE BY AGE
Source: U.S. Census Bureau, 2010-2012 American Community Survey Public Use Microdata Sample, Prepared by UNO Center for Public Affairs

 http://nebraskatransit.com/2014-Title-VI-
plan-final-approved-by-FTA.pdf

STATUTORY AUTHORITY
Section 601 of Title VI of the Civil Rights Act of
1964 states the following:
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.
 This training is meant to provide guidance on the transit-related
aspects of a subrecipient’ s activity. Recipients are responsible
for ensuring that all of their activities are in compliance with Title
VI and administered in a nondiscriminatory manner.

EXAMPLES OF DISCRIMINATORY PRACTICES
 Denying benefits or opportunities
 Providing services/benefits in a different manner or in a
segregated environment
 Retaliation
 Restricting privileges
 National Origin / Limited English Proficiency (LEP)
Discrimination

DISPARATE TREATMENT VS.
DISPARATE IMPACT
 Disparate treatment means discrimination against an
individual.
 Disparate impact means discrimination that occurs as a
result of a neutral policy which appears harmless on the
surface, but negatively affects a group of people.
 Example:
 When hiring laborers, an employer required applicants to
have a high school diploma. The diploma requirement
screened out vastly more Hispanics than it did whites.
Therefore, there was a disparate impact based on race,
even though there was no intentional discrimination.

RETALIATION
Retaliation occurs when a recipient or another person
intimidates, threatens, coerces, or discriminates against any
individual for the purpose of interfering with any right or
privilege secured by Title VI, or because a person made a
complaint, testified, assisted, or participated in any manner in
an investigation or proceeding under Title VI and 28 CFR
42.107

YES – IT HAPPENS EVEN HERE…

TITLE VI COMPLIANCE PLANS ARE NOT MADE FOR
BOOKSHELVES

 Comply with Title VI Regulations
 Provide Title VI Assurances
 Develop Title VI Complaint Procedures and Forms
 Record and Report Transit-related Title VI Investigations
 Promote Public Participation
 Provide Access to LEP Persons
 Minority Representation on Planning Boards
 Train Staff Annually
 Maintain a Compliance Officer
SUBRECIPIENT REQUIREMENTS

WHAT ARE THE TITLE VI REGULATIONS?
Subrecipients must submit six key pieces of information to the Nebraska
Department of Roads Transit Unit Section annually, including the following
information:
(1) A copy of the subrecipient ’s Title VI notice to the public.
(2) A copy of the subrecipient ‘s instructions to the public regarding how to file a
Title VI discrimination complaint.
(3) A list of any public transportation-related Title VI investigations, complaints,
or lawsuits filed with the recipient since the time of the last submission.

TITLE VI REGULATIONS CONTINUED…
(4) A public participation plan that includes an outreach plan to engage minority and
limited English proficient populations, as well as a summary of outreach efforts made
since the last Title VI Program submission.
(5) A copy of the subrecipient ‘s plan for providing language assistance to persons with
limited English proficiency, based on the DOT LEP Guidance, including Safe Harbor
language.
(6) Subrecipients that have transit-related, non-elected planning boards, advisory
councils or committees, must provide a table depicting the racial breakdown of the
membership of those committees, and a description of efforts made to encourage the
participation of minorities on such committees or councils.

TITLE VI ASSURANCES
 Subrecipients of FTA transit
programs are required to submit a
signed copy of the Certifications
and Assurances (Certification of
Compliance with Civil Rights) to
NDOR’s Transit Section as a part of
the annual application process for
operating assistance and capital
purchases.
 All program subrecipients are
responsible for ensuring that
contractors, volunteers, and
drivers follow and comply with Title
VI program requirements.

WHAT AM I ASSURING THE AMERICAN PUBLIC
 We will notify the public of Title VI…
 We will ensure “public” knowledge is
comprehensive…
 We will inform them of what to do should they need
to exercise their rights…

EXERCISE: REFLECTION
 Think about your heritage
 What is the ethnicity of your family?
 What language(s) did they speak when they
came to America?
 Why did they come to America?
32

DISCUSSION: IN THE PRESENT
 Are their individuals in your service area who do not speak
English?
 Why did they come to America?
 Why do they need access to public transportation?
 Self Education
 Children’s Education
 Employment
 Medical Care
 Basic Needs
33

TITLE VI COMPLAINT PROCEDURES
Right to File
 Anyone who wishes to file a Title VI
discrimination complaint, involving the
federal transit programs, against NDOR
may submit the complaint in writing to
FTA.
 Persons eligible to file complaints are
persons who feel they were subjected to
discrimination or retaliation on the basis
of:
 Race
 Color
 National origin
How to File
Complaints may be filed by the affected individual OR
a representative of that individual
 Complaints MUST be in writing and contain as much
information as possible about the alleged
discrimination. NDOR’s Transit Section has prepared
a Complaint Form to be used for the convenience
of the complainant. The written complaint should
include the following:
 Complainant's name, address and telephone
number
 A detailed description of the issues
 Name and job titles of individuals perceived as
parties in the complaint
Complaints received by telephone will be placed in
writing and provided to complainant for confirmation or
revision, and signature before processing.

TITLE VI COMPLAINT PROCEDURES
Filing a Complaint Process
Complaints may also be filed with the State and
Federal Transit Administration:
1. Local transit provider
2. State of Nebraska
Nebraska Department of Roads
Kari Ruse, Transit Liaison Manager 1500 Highway 2
PO Box 94759Lincoln, NE 68509-4759
402-479-4694
kari.ruse@nebraska.gov
3. Federal Transit Administration
Office of Civil Rights Attention: Title VI Program
Coordinator
East Building, 5th Floor – TCR 1200 New Jersey Ave.,
SE
What Information Should be
Included?
What information should be included in
the complaint from the complainant?
• Location of discrimination activity
• Name, address and telephone number
of complainant
• A detailed description of the issues
• Name and job titles of individuals
perceived as parties in the complaint

A COMPLAINT IS NOT OFFICIAL UNTIL…

COMPLAINT IS NOT OFFICIAL UNTIL IT IS IN WRITING…

RECORD AND REPORT COMPLAINTS
Investigation of a Complaint
As part of the review, the investigator will at
minimum:
- Gather relevant documentation from the
complainant not included in the complaint,
such as forms, memos, letters, and
photographs
- Maintain log of all activities associated with
complaint
- Complete Investigative Report of information,
findings, photos, and recommendations for
corrective action to the Federal Transit
Administration.
A copy of the complaint, together with a copy of
the State's report of investigation, shall be
forwarded to the FTA Region VII office in Kansas
City, MO within 60 days of the date the complaint
was received by NDOR.
Dismissal of a Complaint
A decision to dismiss a complaint by NDOR can be
done for the following reasons:
1. The complaint was not filed within 180 days.
2. The complaint is not covered by the statutes
for which NDOR is responsible.
3. The complaint does not allege any harm
covered under by the statutes for which
NDOR is responsible.
4. The complainant requests the withdrawal of
the complaint.
5. The complainant fails to respond to repeated
documented requests for additional
information needed to process the
complaint.
6. The complainant cannot be located after
documented reasonable attempts.

LETTERS OF FINDING, COMPLAINTS AND LAWSUITS
In the event of a complaint or lawsuit being filed within the transit programs, a log will be
maintained by the Agency & NDOR to include the following information:
 Date the complaint/lawsuit was filed
 Summary of the allegations
 Status of the investigation
 Actions taken by the recipient/sub recipient in response to the complaint/lawsuit and
investigation.
Documentation to be retained includes the complaint form and a summary of the findings.

NDOR COMPLAINT PROCESS
 All agency complaints are reported to NDOR
 NDOR will notify FTA.
 NDOR issues complainant a letter of
acknowledgement.
 NDOR and Agency Investigate within 30 days
of knowledge of the incident.
 Complainant has 15 days to supply requested
information.
 NDOR issues complainant a letter.
 Letter of Finding (complaint is Title VI and meets
requirements)
 Closure Letter (complaint does not meet Title VI
requirements or eligibility)
 Complainant has 30 days to respond / refuse.

PROMOTE PUBLIC PARTICIPATION
 Subrecipients have wide latitude to determine how, when, and how
often specific public participation activities should take place, and
which specific measures are most appropriate.
 Public participation activities should include the following:
 Public meetings conducted at convenient and accessible locations at convenient times.
 The use of visuals to describe plans and projects.
 Public information should be available in an electronic accessible format (i.e. Internet).
 Outreach activities to minority and low income populations can
include direct mailing to minority populations to make them aware of
public meetings being held in the community and to make them
aware of available transportation services.

PUBLIC PARTICIPATION
 How do you involve the
public in your service
area?

WHAT DOES LEP STAND FOR?
Limited
English
Proficiency
51

DEFINING & SERVING LEP POPULATIONS
52

PROVIDING ACCESS TO LEP PERSONS
 Limited English Proficient Persons (LEP) are defined in FTA
Circular 4702.1A as: persons for whom English is not their
primary language and who have a limited ability to speak,
understand, read, or write English.

FINDING LEP PERSONS DATA
 American Community Survey
http://www.census.gov/acs/www/
 Simple 3 click process
54

DEMOGRAPHIC DATA VS.
LEP POPULATION
 Demographic Data = Ethnicity or Country of Origin
 LEP Data = Ability to Speak English
58

WHAT DOES LEP STAND FOR?
Limited
English
Proficiency
60

SERVING LEP POPULATIONS
 Book a trip (dispatchers & drivers)
 Date, time, address, travelers
 Request a special need, wheel chair, disability, or
other accommodation.
 File a complaint (receptionist & transit manager)
 Ask a question (all members of staff)
 Resources:
 Translator or LanguageLine
61

The ‘Safe Harbor Provision’ as defined by the Department of
Justice stipulates that if a recipient provides written
translation of vital documents for each eligible LEP language
group that constitutes five percent (5%) or 1,000 persons,
whichever is less, of the total population of persons eligible
served or likely to be encountered, then such action will be
considered strong evidence of compliance with the
recipient’s written translation obligations.
“
”
SAFE HARBOR PROVISION

SAFE HARBOR PROVISION
 Translate and provide all public written documents:
 Title VI posters
 Vehicle Posters
 Websites
 Flyers
 Public meeting handouts
 All languages that constitute:
 5% or 1,000 individuals in your service area – whichever is less
63

‫العرق‬ ‫عن‬ ‫النظر‬ ‫بغض‬ ‫والخدمات‬ ‫البرامج‬ ‫عليه‬ ‫يقدم‬ ‫نبراسكا‬ ‫دولة‬
‫المدنية‬ ‫الحقوق‬ ‫قانون‬ ‫من‬ ‫السادس‬ ‫الباب‬ ‫وفقا‬ ‫القومي‬ ‫واألصل‬ ‫واللون‬.
‫غير‬ ‫تمييزية‬ ‫ممارسة‬ ‫أي‬ ‫من‬ ‫يتضرر‬ ‫قد‬ ‫انها‬ ‫أو‬ ‫انه‬ ‫يعتقد‬ ‫شخص‬ ‫أي‬
‫شكوى‬ ‫رفع‬ ‫قد‬ ‫السادس‬ ‫الباب‬ ‫بموجب‬ ‫قانونية‬.

內布拉斯加州提供了方案和服務，不論其種
族，膚色和國籍按照民權法案第六。任何人
誰相信他（她）已根據第VI如因任何非法歧
視性做法可以提出投訴。

Tiểu Bang Nebraska cung cấp nó chương trình
và dịch vụ bất kể chủng tộc, màu da, nguồn gốc
quốc gia theo Tiêu đề VI của Đạo Luật Dân
Quyền. Bất kỳ người nào tin tưởng rằng mình
đã được khiếu nại về bất kỳ thực hành phân biệt
đối xử bất hợp pháp theo Title VI có thể nộp
đơn khiếu nại.

El Estado de Nebraska lo ofrece programas y
servicios, sin distinción de raza, color y origen
nacional, de conformidad con el Título VI del
Acta de Derechos Civiles. Cualquier persona que
crea que ha sido agraviada por cualquier
práctica discriminatoria ilegal bajo el Título VI
puede presentar una queja.

The State of Nebraska offers it programs and
services without regard to race, color and
national origin in accordance with Title VI of
the Civil Rights Act. Any person who
believes he or she has been aggrieved by
any unlawful discriminatory practice under
Title VI may file a complaint.

WHAT IS THE SAFE HARBOR THRESHOLD?
5% or 1,000 persons
Whichever is less
 95% of people have access to information from
publicly provided resources
70

MINORITY REPRESENTATION ON PLANNING BOARDS
 Title 49 CFR Section 21.5(b)(1)(vii) states that a recipient may not, on
the grounds of race, color, or national origin, “deny a person the
opportunity to participate as a member of a planning, advisory, or
similar body which is an integral part of the program.” Recipients that
have transit-related, nonelected planning boards, advisory councils or
committees, or similar committees, the membership of which is
selected by the recipient, must provide a table depicting the racial
breakdown of the membership of those committees, and a description
of efforts made to encourage the participation of minorities on such
committees:

MAINTAIN A COMPLIANCE OFFICER
 Main Point of Contact for
all Title VI Matters
 Phone Calls /
Investigations
 Files Forms
 Submits Manual to the
Board
 Make sure this is updated
and all staff know who
this person is & when to
contact them!
 Dispatchers
 Bus Drivers

 Comply with Title VI Regulations
 Provide Title VI Assurances
 Develop Title VI Complaint Procedures and Forms
 Record and Report Transit-related Title VI Investigations
 Promote Public Participation
 Provide Access to LEP Persons
 Minority Representation on Planning Boards
 Train Staff Annually
 Maintain a Compliance Officer
REVIEW SUB RECIPIENT REQUIREMENTS

REVIEW THE CHECKLISTS
 5310’s – Not for Profit
 5311 – Public Serving
Entities

6 STEP PROCESS & TIMELINE
 Step 1: Interview for 4 Factor Analysis, survey data, etc. with Aaron or Franchell
 Step 2: Aaron will draft your manual based upon your Interview and service area
 Step 3: Your agency will review the draft and edit until all needs met
 Step 4: Your agency will send the final document to your board for approval
 Step 5: You send the meeting minutes and signed document to Aaron/NDOR
 Step 6: Update annually for Title VI Compliance Officer, Board of Directors Updates,
and service area changes
 5311’s – Public Service Entities – May & June
 5310’s – Non-Profit Clients – July - November

WE SUPPORT YOU!
Valerie D Lefler
vlefler@unomaha.edu
402-806-0315
Aaron Mack
ammack@unomaha.ed
u
402-805-3300

Nebraska Title VI Civil Rights Administrative Training Slides

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