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Grievance Procedure

Purpose

In compliance with 40 C.F.R., Parts 5 and 7, Section 7.90(a), CleanAIRE NC (CANC) has established a grievance procedure to ensure prompt and fair resolution of complaints alleging violations of Title VI, Section 601 of the 1964 Civil Rights Act and/or CANC’s non-discrimination policy, in the administration of CANC’s programs and activities.

The grievance procedure is intended to address allegations of discrimination on the basis of the following:

  • Race;
  • Color;
  • National origin;
  • Religion;
  • Disability;
  • Income;
  • Age; or
  • Gender

The grievance procedure provides a process for filing a timely complaint to the proper authority and describes the process that will be used to investigate and resolve the complaint. However, the procedures do not apply to administrative actions pursued in another forum.

Submission of a Complaint

  • Filing of Complaint

A person (or the authorized representative of a person) who believes that they or a class of persons have been discriminated against may file a complaint with CANC. The Deputy Director of CANC is designated as the Civil Rights Coordinator. Any complaints should:

  1. Be submitted in writing;
  2. Be filed within sixty (60) days of an alleged violation (except as otherwise indicated in the following paragraph);
  3. Describe with specificity the action(s) by CANC that allegedly resulted in discrimination in violation of 40 C.F. R Parts 5 and 7;
  4. Describe with specificity the discrimination that allegedly occurred or will occur as the result of such action(s);
  5. Identify the parties impacted or potentially impacted by the alleged discrimination.

CANC may request additional information from the complainant if this information is needed to meet the complaint requirements described above. CANC may waive requirement 1.b. in its discretion in order to address allegations of potential discrimination caused by pending actions at the earliest appropriate and feasible juncture or, for good cause, to address complaints failed more than sixty (60) days after an alleged violation.

All written complaints shall be addressed to the following:

CleanAIRE NC
c/o Deputy Director
PO Box 5311
Charlotte, NC 28299

Within ten (10) days of receiving a written complaint, CANC will provide the complainant with written notice of receipt. At this time, CANC may request additional information to meet the complaint requirements above. Within ten (10) days of receiving additional information, CANC will provide the complainant with written notice that the complaint filing is complete.

  • Determination of Jurisdiction and Investigative Merit

CANC, based on information in the complaint and other information available, will determine if it has jurisdiction to pursue the matter and whether the complaint has sufficient merit to warrant an investigation. A complaint shall be regarded as meriting investigation unless:

  1. It clearly appears on its face to be frivolous or trivial;
  2. Within the time allotted for making the determination of jurisdiction and investigative merit, CANC voluntarily concedes noncompliance and agrees to take appropriate remedial action or reaches an informal resolution with the complainant;
  3. Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint;
  4. It is not timely, and good cause does not exist for waiving the timing requirement under section 1.b.

Disposition of Complaints

Within one-hundred and twenty (120) days of accepting a written complaint, CANC will respond, in writing, to the complainant with a resolution.