Policies

Notice of Non-Discrimination Policy

Downwinders at Risk Education Fund (Downwinders at Risk ) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and, Downwinders at Risk  does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.

Downwinders at Risk’s Executive Director, currently Caleb Roberts, is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal non-discrimination laws).

If you have any questions about this notice or any of Downwinders at Risk ’ non-discrimination programs, policies or procedures, you may contact:

Caleb Roberts, Executive Director (ED)
1808 S Good Latimer Expy
Dallas, Texas 75226
caleb@downwindersatrisk.org
(414)688-7340

If you believe that you have been discriminated against with respect to a Downwinders at Risk  activity, you may contact the ED identified above, or read below to learn how and where to file a complaint of discrimination.

Grievance Procedures for Civil Rights or Federal Non-Discrimination Regulations

Introduction

The Code of Federal Regulations (C.F.R.), Title 40, Parts 5 and 7, prohibit discrimination on the basis of sex, race, color, national origin, age, or handicap in programs or activities receiving federal assistance from the U.S. Environmental Protection Agency (EPA). These requirements are consistent with Downwinders at Risk Education Fund (Downwinders at Risk ) long-standing fair employment policies and Employee Handbook which prohibit discrimination, harassment, retaliation, or improper conduct of any kind.

Purpose

To ensure compliance with 40 C.F.R., Parts 5 and 7, Section 7.90(a), Downwinders at Risk has established a grievance procedure to ensure prompt and fair resolution of complaints alleging violations of federal civil rights laws and the EPA’s non-discrimination regulations that are alleged to occur in the administration of Downwinders at Risk’s programs and activities.

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

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

This grievance procedure provides a process for filing a timely complaint to Downwinders at Risk’s Civil Rights Coordinator. It describes the process that will be used to investigate and resolve the complaint.

Civil Rights Coordinator

The Civil Rights Coordinator shall be the person who occupies the role of Executive Director (ED) for Downwinders at Risk . The name and contact information of the current ED is:

Caleb Roberts, Executive Director

1808 S Good Latimer

Dallas, Texas 75226

Email: caleb@downwindersatrisk.org

Phone: (414)688-7340

Grievance Procedure Steps

I. Filing of Complaint

A person, or their authorized representative, who believes that they or a class of persons have been discriminated against by Downwinders at 

Risk may file a complaint with Downwinders at Risk within 180 calendar days of the date(s) any alleged discriminatory acts took place.

Complaints should:

• Be in writing via mail or email;
• Specify with as much detail as possible the action(s) undertaken by Downwinders at Risk that allegedly resulted in a civil rights violation or some form discrimination in violation of 40 C.F.R. Parts 5 and 7 including, if possible, the specific section(s) of Part 5 or 7 that were allegedly violated;
• Specify with as much detail as possible the discrimination that allegedly occurred or will occur as the result of such action(s); and
• Identify the persons impacted or potentially impacted by the alleged discrimination.

Downwinders at Risk may request additional information from the party filing the complaint if this information is needed to meet the requirements described above. Appropriate assistance shall be provided to individuals with limited English proficiency or individuals with disabilities. Downwinders at Risk may in its discretion make certain exceptions to the above complaint requirements for certain individuals with disabilities including, but not limited to, accepting an alternate complaint format such as complaints filled in Braille, on audio tape, or on computer disks.

All complaints shall be either mailed or emailed to:

Downwinders at Risk
c/o Executive Director
1808 S Good Latimer Expy
Dallas, TX 75226

downwindersatrisk@gmail.com

Within 10 business days of receiving a written complaint, Downwinders at Risk will provide the party submitting the complaint with written notice of receipt.

II. Logging of Complaints

All complaints that meet the requirements for filing a complaint as determined by the Civil Rights Coordinator will be logged by the Civil Rights Coordinator, and Downwinders at Risk will retain a copy of all documents associated with the complaint in accordance with its record retention policy. To the extent the complaint involves a specific Downwinders at Risk  program or activity, the Civil Rights Coordinator will notify the appropriate program manager or supervisor who was in charge of the event and the Board Chair(s) of Downwinders at Risk.

Certain documents will not be logged as a complaint. These documents include, but are not limited to:

• Anonymous submittals;
• Submittals that are too vague to state an allegation of discriminatory conduct;
• Submittals that do not sufficiently identify the persons or groups of persons harmed or potentially harmed by the alleged discrimination;
• Inquiries seeking advice, updates, or other information;
• Web-based media sources like blogposts, email or chat threads, publicly posted videos, or web pages;
• Voice recordings unless otherwise approved by Downwinders at Risk as indicated in this document;

III. Determination of Jurisdiction and Investigative Merit

All complaints logged will undergo an initial review of the complaint and any other document or information that becomes available to the Civil Rights Coordinator. Based on the Civil Rights Coordinator’s review, the Civil Rights Coordinator will determine if Downwinders at Risk 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:

• It clearly appears to on its face to be frivolous or trivial;
• Within the time allotted for making the determination of jurisdiction and investigative merit, Downwinders at Risk voluntarily concedes noncompliance and agrees to take appropriate remedial action, or reaches an informal resolution with the party filing the complaint;
• Within the time allotted for making the determination of jurisdiction and investigative merit, the party filing the complaint withdraws the complaint; or
• The complaint was not submitted within the time limit established in Step I and good cause does not exist for waiving the timing requirement.

Downwinders at Risk will inform the party who filed the complaint within 10 business days of receiving the complaint whether the complaint has been accepted for further investigation. If further investigation is not warranted, the reason for such determination shall be recorded in the case file.

IV. When Further Investigation is Necessary

If the Civil Rights Coordinator determines the complaint warrants further investigation, they will review the alleged facts to determine the appropriate course of the investigation. Investigation activities may include, but are not limited to, interviews of Downwinders at Risk employees, parties named in the complaint, and other relevant witnesses. Downwinders at Risk employees relevant to the investigation shall make themselves available promptly and as necessary.

V. Disposition of Complaints

Any undertaking of further investigation of a complaint as described in Step IV above will result in a written report and determination from the Civil Rights Coordinator on whether Downwinders at Risk violated any provisions of 40 C.F.R. Parts 5 and 7. The written report shall include at least the following:

• A narrative of the incident;
• Identification of individuals interviewed;
• A summary of evidence reviewed; and
• The findings and determination of the Civil Rights Coordinator.

Within 120 calendar days of receiving a complaint, Downwinders at Risk will respond in writing to the party who submitted the complaint with a resolution.

VI. Appeal

The party who submitted the complaint may appeal the determination of the Civil Rights Coordinator to the Board Chair(s) of Downwinders at Risk  within 30 calendar days of receiving the Civil Rights Coordinator’s decision. The Board Chair(s) shall issue a written decision in response to the appeal within 30 calendar days of receipt of such appeal.