Non-Discrimination Grievance Procedure

Purpose

In compliance with 40 C.F.R., Parts 5 and 7, Section 7.90(a), the Rhode Island Food Policy Council (RIFPC) 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 the RIFPC’s non-discrimination policy, in the administration of RIFPC’s programs and activities. The grievance procedure is intended to address allegations of discrimination on the basis of:

  • 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 that are being pursued in another forum.

1. 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 the Rhode Island Food Policy Council.  The Associate Director of the Rhode Island Food Policy Council is designated as the Civil Rights Coordinator.  Any complaints should:

  1. Be submitted in writing;
  2. Be filed within 60 days of an alleged violation (except as otherwise indicated in the following paragraph);
  3. Describe with specificity the action(s) by the Rhode Island Food Policy Council 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 partied impacted or potentially impacted by the alleged discrimination.

The Rhode Island Food Policy Council may request additional information from the complainant if this information is needed to meet the complaint requirements described above. The Rhode Island Food Policy Council 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 60 days after an alleged violation.

All written complaints shall be addressed to:

Rhode Island Food Policy Council

c/o Associate Director

10 Davol Sq, Unit 100

Providence, RI 02903

Within 10 days of receiving a written complaint, the Rhode Island Food Policy Council will provide the complainant with written notice of receipt. At this time, the Rhode Island Food Policy Council may request any additional information needed to meet the complaint requirements above.  Within 10 days of receiving any additional information, the Rhode Island Food Policy Council will provide the complainant with written notice that the complaint filing is complete.

2. Determination of Jurisdiction and Investigative Merit

The Rhode Island Food Policy Council, 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 to on its face to be frivolous or trivial;
  2. Within the time allotted for making the determination of jurisdiction and investigative merit, the Rhode Island Food Policy Council 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 120 days of accepting a written complaint, the Rhode Island Food Policy Council will respond in writing to the complainant with resolution.