ADA II Grievance
AMERICANS WITH DISABILITIES ACT
TITLE II GRIEVANCE POLICY AND PROCEDURE
As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.
Oversight of compliance activities is the responsibility of the Department on Disability’s (DOD) Disability Access and Services Division (DASD). All inquiries concerning the City’s efforts to make its programs and services accessible to persons with disabilities should be directed to the Department on Disability, ADA Compliance Officer, Disability Access and Services Division, 201 North Figueroa Street, Suite 100, Los Angeles, CA 90012, (213) 202-2752 (Voice), (213) 202-3452 TTY, and (213) 202-2715 Fax.
PROCEDURE RELATED TO TITLE II
When any person believes that the City of Los Angeles has violated Title II of the ADA by denying access to its programs, services, and activities based on a disability, a formal grievance may be filed with DOD.
Step 1. - Complaint
The grievance should be documented on an ADA Title II Grievance Form and should contain as much information as possible concerning the alleged violation. This form must be completed by the grievant or his/her authorized representative. The grievance should be submitted as soon as possible, but no later than sixty (60) calendar days after the alleged violation.
Constituents who choose not to use the Form, but contact DOD and state that they would like to file a Title II Grievance, shall have their relevant information written down by DOD staff. Strict confidentiality of all information provided will be maintained to the extent permitted by law. Sharing of information, including identity, will be done only as needed to resolve the grievance.
Constituents who contact DOD and raise concerns that the City may be able to resolve through its Title II grievance process will, among other options for resolution, be notified of the grievance process and asked if they would like to file a grievance. If the answer is yes, then DOD staff shall either write down all relevant information, or direct constituents to the Grievance Form and procedures. Any information written down by DOD staff in response to a constituent’s grievance shall be processed in the same manner as a completed Grievance Form.
Step 2. - Investigation
DASD will review the completed ADA Title II Grievance within fifteen (15) working days of receipt. If it appears that a complete investigation and determination can not be completed within 15 working days of receipt of the complaint, a Notice of Continuing Investigation (NCI) (Attachment C) will be mailed to the grievant within fifteen (15) working days. Staff will then discuss the issues with the grievant and the concerned department(s). If appropriate, the ADA Compliance Officer or assigned ADA Coordinator may also arrange to meet with the grievant to discuss the matter and possible resolution. Next, if the investigation leads to a determination that a Title II violation did occur or may have occurred, it will offer a proposed resolution to the grievant. An investigation may find that no Title II violation occurred.
Auxiliary Aids or Services and other reasonable accommodations will be made available upon request. If at any time (in Step 1 or Step 2) DOD staff determine that the Complaint is not within DOD’s jurisdiction, staff will inform complainant of that determination, and provide appropriate referrals as available for the effective resolution of the complaint.
Step 3. - Notice of Outcome
Within ninety (90) days of the date on which the NCI is sent, or at the conclusion of the formal resolution process (whichever comes first), the DASD Coordinator will send the grievant and the concerned department(s) a notice of outcome along with a description of the appeals process, should the grievant wish to appeal, in a format accessible to the grievant.
Step 4. - Appeal of Outcome
If the City’s response does not satisfactorily resolve the matter, the grievant and/or authorized representative may appeal the notice of outcome of the ADA Compliance Officer within thirty days of receipt of the notice of outcome.
Within thirty days of receipt of the grievant’s appeal, the ADA Grievance Appeals Committee (ADAGAC) will convene a meeting to discuss the matter and its response to the appeal. In addition to the DOD’s Executive Director, the Committee will consist of a member of the City Commission on Disability and a representative from another City department. Within thirty (30) calendar days after this meeting, the Chairperson of the Committee will respond in writing and, where appropriate, in a format accessible to the grievant. If the grievant is dissatisfied with the response of the ADA Grievance Appeals Committee, he/she may contact either the U.S. Department of Justice (DOJ), or seek private counsel.
Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it interferes with the exercise of rights under the ADA.
The DOD will maintain all written grievances received by DOD-DASD, appeals to the ADA Grievance Appeals Committee, and responses from DOD-DASD and the ADA Grievance Appeals Committee for a period of three (3) years.
This Grievance Procedure will be posted in prominent locations in major City facilities. Upon request, it will be made available in alternative formats by contacting the Department on Disability, Disability Access and Services, 201 N. Figueroa Street, Suite 100, Los Angeles, CA 90012. Tel.: (213) 202-2764 (Voice) or (213) 202-2755 TTY.
AMERICANS WITH DISABILITIES ACT TITLE II GRIEVANCE FORM
Instructions: Please fill out as much of this form as you can in black ink or type. If you need assistance, tell us and we would be happy to provide assistance with filling out this form. Sign and return (mail, fax or e-mail) to the address as listed.
Mail, fax or e-mail the completed form to the following address:
Department on Disability, Disability Access and Services ADA Compliance Officer
201 North Figueroa Street, Suite 100 Los Angeles, CA 90012
Fax: (213) 202-2715