204 Section 504 Grievance Procedure
Original Approval Date: December 21, 1994
Revision Effective: September 20, 2017
Supersedes: #303
Section 504 of the Rehabilitation Act prohibits discrimination based on disability. In accordance with Section 504 Regulation, any program participant (patient, resident, etc.), participant representative, prospective participant or staff member who has reason to believe that she/he has been mistreated, denied services or discriminated against in any aspect of services or employment because of disability may file a grievance. In order to implement this policy, the Tri-County Board has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulation (45 CFR Part 84) implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C.794). Section 504 states, in part, that "no otherwise qualified disabled individual ... shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance ..." Any person who believes that he or she has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for the Tri-County Board to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.
The Tri-County Board of Recovery and Mental Health Services shall require its contract agencies to adopt similar policies.
1. A grievance must be in writing, contain the name and address of the person filing it, and briefly describe the action alleged to be prohibited by the regulations and the remedy or relief sought. The grievance should contain the name, address, and telephone number of the person filing the grievance.
2. A grievance must be filed in the office of the Executive Director within 60 days after the person filing the grievance became aware of the action alleged to be prohibited by the regulations. This time frame may be extended by the Executive Director if extenuating circumstances existed which justifies an extension.
3. The Executive Director, or his/her designee, shall conduct such investigation of a grievance as may be appropriate to determine its validity. These rules contemplate thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the grievance.
4. The Executive Director shall issue a written decision determining the validity of the grievance no later than thirty (30) days after its filing.
5. If the complaint is still unresolved to the satisfaction of the grievant, the grievant may request, in writing within 15 days of receiving the Executive Director’s written decision, that the Executive Director submit the grievance to the Board of Directors. The Board shall have 30 days to review the grievance, and submit a written decision. If the grievance remains unresolved to the satisfaction of the grievant, the grievant will be advised in writing of the right to file a timely complaint with the civil rights office and will be provided with the name and contact information of such office, including the Office for Civil Rights of the U.S. Department of Health and Human Services at 200 Independence Avenue, SW, HHH Building, Room 509F, Washington, D.C., 20201 or at www.hhs.gov/ocr.
Revision Effective: September 20, 2017
Supersedes: #303
Section 504 of the Rehabilitation Act prohibits discrimination based on disability. In accordance with Section 504 Regulation, any program participant (patient, resident, etc.), participant representative, prospective participant or staff member who has reason to believe that she/he has been mistreated, denied services or discriminated against in any aspect of services or employment because of disability may file a grievance. In order to implement this policy, the Tri-County Board has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulation (45 CFR Part 84) implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C.794). Section 504 states, in part, that "no otherwise qualified disabled individual ... shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance ..." Any person who believes that he or she has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for the Tri-County Board to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.
The Tri-County Board of Recovery and Mental Health Services shall require its contract agencies to adopt similar policies.
1. A grievance must be in writing, contain the name and address of the person filing it, and briefly describe the action alleged to be prohibited by the regulations and the remedy or relief sought. The grievance should contain the name, address, and telephone number of the person filing the grievance.
2. A grievance must be filed in the office of the Executive Director within 60 days after the person filing the grievance became aware of the action alleged to be prohibited by the regulations. This time frame may be extended by the Executive Director if extenuating circumstances existed which justifies an extension.
3. The Executive Director, or his/her designee, shall conduct such investigation of a grievance as may be appropriate to determine its validity. These rules contemplate thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the grievance.
4. The Executive Director shall issue a written decision determining the validity of the grievance no later than thirty (30) days after its filing.
5. If the complaint is still unresolved to the satisfaction of the grievant, the grievant may request, in writing within 15 days of receiving the Executive Director’s written decision, that the Executive Director submit the grievance to the Board of Directors. The Board shall have 30 days to review the grievance, and submit a written decision. If the grievance remains unresolved to the satisfaction of the grievant, the grievant will be advised in writing of the right to file a timely complaint with the civil rights office and will be provided with the name and contact information of such office, including the Office for Civil Rights of the U.S. Department of Health and Human Services at 200 Independence Avenue, SW, HHH Building, Room 509F, Washington, D.C., 20201 or at www.hhs.gov/ocr.
