Notice of Non-Discrimination
It is the policy of the John Bartram Association (JBA) to ensure full compliance with federal nondiscrimination laws in all programs and activities. JBA will not discriminate on the basis of race, color, national origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or gender identity), disability, mental disability, physical disability, medical condition, genetic information, marital status, veteran’s status, or age in any of JBA’s programs, services, or activities.
Title VI of the Civil Rights Act of 1964 (“Title VI”) 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 (“Section 504”) prohibit discrimination on the basis of disability by 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, sex, age, or disability.
JBA does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) in the administration of its programs or activities, whether carried out by JBA directly, through a contractor, or any other entity with whom JBA arranges to carry out its programs and activities.
JBA is committed to taking reasonable steps to provide timely and meaningful access for all people coming into contact with JBA’s programs, services, and activities.
Director of Human Resources Sonjii West is responsible for the 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 the Association’s non-discrimination programs, policies or procedures, you may contact:
Sonjii West
Director of Human Resources
5400 Lindbergh Boulevard
Philadelphia, PA 19143
Filing a Complaint of Discrimination
This Complaint Procedure is established so that any member of the public who believes they have been subjected to discrimination in the receipt of benefits and/or services from JBA on the basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) and wishes to file a complaint may do so following the outline below. In addition, JBA’s Civil Rights Compliance Coordinator may, on their own initiative, undertake compliance reviews to investigate compliance of JBA departments 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. JBA is prohibited from retaliating against any member of the public who files a complaint under these procedures and any retaliation will be handled promptly if it occurs.
The complaint shall be in writing and contain information about the complainant and the alleged discrimination including, but not limited to:
- The name, address, and phone number of complainant;
- The name of the JBA department and/or employee(s) against whom the complaint is filed; and
- The location, date, and description of the alleged violation.
Please click here to submit the Discrimination Complaint Form. If the complainant is unable to submit the complaint in writing or to complete this form online, they may call JBA’s Civil Rights Compliance Coordinator to submit a verbal complaint or request a paper copy of the form. The complaint shall be submitted by the complainant or their designee as soon as possible but no later than 180 calendar days after the alleged violation to:
Sonjii West
Director of Human Resources
5400 Lindbergh Boulevard
Philadelphia, PA 19143
If a complaint is submitted directly to a JBA Department, office, or staff member, the JBA Department, office, or staff member shall forward the complaint to the JBA Civil Rights Compliance Coordinator within 5 calendar days of receipt.
What happens when a complaint is submitted to JBA?
Within 10 calendar days after receipt of the complaint:
- JBA’s Civil Rights Compliance Coordinator will make a determination of whether JBA has jurisdiction over the complaint and send the complainant an acknowledgment letter informing them whether the complaint will be investigated. This letter will also inform the complainant of their right to file directly with the federal agency;
- JBA’s Civil Rights Compliance Coordinator will forward a copy of the complaint to the appropriate federal agency as required, along with a statement describing all actions taken to resolve the matter and the results thereof, within 15 days of receipt;
- If JBA’s Civil Rights Compliance Coordinator finds jurisdiction, they will notify the PDE Department that is the subject of the complaint and request a response to the complaint and will begin an investigation. The investigation may include interviews of the complainant, JBA employees, contractors, subcontractors, sub grantees, and witnesses to the alleged discrimination, as well as review of any physical or written evidence.
JBA’s Civil Rights Compliance Coordinator may attempt to reconcile and resolve the complaint through a mutually agreeable solution. Any such informal resolution must be signed by both the JBA Department that is the subject of the complaint and the complainant. Absent extenuating circumstances, the JBA Civil Rights Compliance Coordinator will complete their investigation and resolution efforts within 30 days after beginning the investigation.
An appropriate, prompt, and impartial investigation of any allegations filed under federal non-discrimination statutes will be conducted. A preponderance of the evidence standard will be applied during the analysis of the complaint.
When the JBA Civil Rights Compliance Coordinator determines that discrimination has occurred, and an informal resolution is not reached, the JBA Civil Rights Compliance Coordinator shall determine any necessary remedial actions and order the complained-of JBA Department to implement the accepted recommendations.
Absent extenuating circumstances, the JBA Civil Rights Compliance Coordinator will provide a written response to the complaint within 45 calendar days after beginning the investigation. The Coordinator will issue one of three letters:
- A closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
- A letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the JBA Department about which the complaint was submitted; or
- A letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by JBA.
If the response does not satisfactorily resolve the issue, the complainant or the JBA Department may appeal the decision to JBA’s Executive Director within 15 calendar days after receipt of the response from the JBA Civil Rights Compliance Coordinator.
Within 15 calendar days after receipt of the appeal, the JBA Executive Director or their designee will meet with the complainant and the affected JBA Department to discuss the complaint and possible resolutions. JBA’s Executive Director or their designee may also interview witnesses and review any physical or written evidence. Within 15 calendar days after the meeting with the complainant and the JBA Department, the JBA Executive Director or their designee will respond in writing to the complainant, with a final resolution of the complaint.
If at any time a delay is expected, the JBA Civil Rights Compliance Coordinator will notify the complainant in writing of the reasons(s) for the delay and the expected date for a response.
The JBA Civil Rights Compliance Coordinator shall maintain records of complaints received, informal resolutions, investigation findings, appeals, and appeal decisions. The JBA Civil Rights Compliance Coordinator shall document actions taken to resolve each complaint, communicate complaint activity to the appropriate federal agency as required, and maintain copies of complaints and documentation of their resolution for a period of not less than two (2) years.
The JBA Civil Rights Compliance Coordinator (through the Executive Director) shall furnish a report to the Board of Directors of JBA regarding the number, nature, and status of any complaints.
These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law.
