NOTICE OF NON-DISCRIMINATION

National Asian Pacific Center on Aging (NAPCA) does not discriminate on the basis of race, color, national origin, disability, age, or sex, in the administration of its programs or activities, and NAPCA 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.

The Chief Operations Officer 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 NAPCA’s non-discrimination programs, policies or procedures, or if you believe that you have been discriminated against with respect to a NAPCA service, program, or activity, you may contact:

Chief Operations Officer
National Asian Pacific Center on Aging
1511 Third Avenue, Suite 914
Seattle, WA 98101
206-624-1221
admin@napca.org

TITLE VI AND RELATED CIVIL RIGHTS STATUTES
COMPLAINT AND COMPLIANCE REVIEW PROCEDURE

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act prohibit discrimination on the basis of disability by state or local government agencies and recipients of federal financial assistance.

Discrimination includes, but is not limited to, excluding an individual from participation in or denying an individual the benefits of any program or activity receiving Federal financial assistance due to the individual’s race, color, national origin, including limited English proficiency, sex, age*, or disability and further included intimidation and retaliatory conduct.

* Age Discrimination Act of 1975, Section 13 of Federal Water Pollution Control Act of 1972, and Title IX of the Education Amendments of 1972; EPA’s implementing non-discrimination regulations at 40 C.F.R. Parts 5 and 7.

NAPCA does not exclude, deny benefits to, or otherwise discriminate against any person on the grounds of race, color, national origin, sex, age, or disability, whether carried out by NAPCA directly, through a contractor, or any other entity with whom NAPCA arranges to carry out its services, programs, and activities.

This Complaint and Compliance Review procedure is established so that anyone who believes he or she has been subjected to discrimination in the receipt of benefits and/or services from NAPCA on the grounds of race, color, national origin, sex, or age, or has been subjected to intimidation or retaliation because he or she has exercised a right to participate in or opposed actions protected by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights, may file a complaint following the outline below. In addition, the NAPCA representative or designee may, on his or her own initiative, undertake compliance reviews to investigate compliance of NAPCA services, programs, or activities with Title VI, the ADA/Section 504, and other federal and state civil rights laws in the absence of a complaint on a periodic basis.

The complaint should be in writing and contain information about the complainant and the alleged discrimination such as:

  1. The name, address, and phone number of complainant;
  2. The name of the NAPCA program and/or employee(s) against whom the complaint is filed;
  3. The location, date, and description of the alleged violation; and
  4. The signature of the complainant, or his or her designee.

A complaint regarding discrimination in or language access to NAPCA services, programs, and activities should be submitted by the complainant, or his or her designee, as soon as possible but no later than 180 calendar days after the alleged violation to:

Chief Operations Officer
National Asian Pacific Center on Aging
1511 Third Avenue, Suite 914
Seattle, WA 98101
206-624-1221
admin@napca.org

If a complaint is submitted directly to a NAPCA program, office, or staff member, that complaint shall forwarded to the Chief Operations Officer within five (5) calendar days.

After receipt of the complaint:

  1. The Chief Operations Officer will make a determination, on a timely basis, of whether NAPCA has jurisdiction over the complaint, and send the complainant an acknowledgement letter informing her/him whether the complaint will be investigated;
  2. If the Chief Operations Officer finds jurisdiction, the NAPCA service, program, or activity will be notified that it is the subject of the complaint and request a response to the complaint, and an investigation will be started. The investigation may include interviews of the complainant, NAPCA employees, contractors, subcontractors, subgrantees, and witnesses to the alleged discrimination, as well as review of any physical or written evidence.

The Chief Operations Office may attempt to conciliate and resolve the complaint through a mutually agreeable solution. Any informal resolution must be signed by the NAPCA representative of the service, program, or activity that is the subject of the complaint and the complainant.

An appropriate, prompt, and impartial investigation of any allegations filed under Title VI or related federal non-discrimination statutes will be conducted. A preponderance of the evidence standard will be applied during the analysis of the complaint.

When the Chief Operations Officer determines that a violation has occurred and an informal resolution is not reached, remedial actions will be recommended, and the complained-of NAPCA service, program, or activity will be ordered to implement the recommendations.

The Chief Operations Officer will provide a written response to the complainant at the conclusion of the investigation, with one of three letters:

  1. A closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
  2. A letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the department or agency about which the complaint was submitted; or
  3. A letter of finding summarizing the allegations and the investigation of the alleged complaint, and explaining any remedial actions to be taken by NAPCA.

If the response does not satisfactorily resolve the issue, the complainant has the right to file his or her complaint with the associated federal or state agency.

The Chief Operations Officer shall maintain records of complaints received, investigation findings, and resolutions.

These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to seek private counsel for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law.