Grievance & Discrimination Complaint Procedure (Non-Employee)

1. Complaint filing timeframe: A discrimination complaint must be submitted by the complainant, or his/her designee must be submitted no later than 180 calendar days of either:
   1. The alleged act of discrimination.
   2. The date the person(s) became aware of the alleged discrimination.
   3. The date on which the conduct was discontinued, if there has been a continuing course of conduct.
      Failure to submit a complaint within 180 days may cause rejection of the complaint, as discussed in more detail below.
2.  The complaint must be submitted by the complainant or their designee to:
   Sarah Ward
   Nondiscrimination Coordinator
   Utah Department of Environmental Quality
   195 N 1950 W
   Salt Lake City, UT 84116
   [email protected]
   Title VI/Discrimination Complaint Form
3. Contents of a complaint: The complaint must be written, and the document must contain the following information:
   1. The complainant’s name, mailing address, and residential address.
   2. Identification of individual(s) or organization(s) responsible for the alleged discrimination (hereinafter “the respondent”).
   3. A description of the complainant’s discrimination claims. Include:
      1. Detail to allow UDEQ to determine if UDEQ has jurisdiction over the complaint and if the complaint was filed timely.
      2. Specific prohibited bases of alleged discrimination (i.e. race, color, national origin, age, sex, disability).
   4. Whether the complaint is filed within 180 days of the last alleged discriminatory act or acts, if the complaint is not filed within 180 days, include any good cause that may exist to warrant an extension of the 180-day deadline for filing.
   5. Whether a complaint has been filed with another agency or court, the agency or court where it was filed, and relevant contact information.
   6. Complainant’s signature and date.
4. If the complainant cannot submit a written complaint, UDEQ’s Nondiscrimination Coordinator should be contacted to request reasonable accommodations to this procedure. Such accommodations may include, but are not limited to, using a relay service to communicate with a complainant with a hearing impairment or arranging interpretive services for those with limited English proficiency. UDEQ shall work to ensure that individuals have full access to the complaint filing and investigative process.
5. Jurisdiction: Upon receipt of a complaint, the Nondiscrimination Coordinator shall review the complaint to determine whether UDEQ has jurisdiction to investigate the issues presented. For UDEQ to have jurisdiction, the following criteria must be met:
   1. The complaint must be in writing, unless the Complainant is receiving accommodations from the Nondiscrimination Coordinator.
   2. The complaint must allege a discriminatory act that, if true, may violate 40 C.F.R. Part 5, 40 C.F.R. Part 7, 43 C.F.R. Part 17, or 43 C.F.R. Part 41. Discrimination may include an act or policy that subjects a person or persons to discriminatory treatment, an act or policy that results in discriminatory impact on a person or persons based on a personal characteristic listed in the above regulations, or an act or policy that, if true, may constitute intimidation or retaliation toward any person or persons based on a personal characteristic listed in the above regulations or based on previous interaction with UDEQ.
   3. The complaint must identify a respondent that is a Division of UDEQ, including UDEQ’s subrecipients of federal funding.
   4. The complaint must be submitted in writing within 180 days of the last alleged discriminatory act, or good cause must exist to waive the 180-day deadline. In determining whether good cause to waive the 180-day deadline exists, the Nondiscrimination Coordinator shall consider, among other concerns, the feasibility of investigatory fact-finding in light of extended delay.
6. Notice: If UDEQ has jurisdiction, UDEQ shall issue a letter of acceptance within 30 business days of said determination.
   If a complaint does not meet the jurisdictional requirements, UDEQ does not have jurisdiction. UDEQ will issue a no-jurisdiction letter rejecting the complaint within 30 business days. A no-jurisdiction letter shall cause UDEQ’s closure of the complaint file. A no-jurisdiction letter may include a formal referral to another agency where the referred agency’s jurisdiction and/or ability to address the complaint is readily apparent to the Nondiscrimination Coordinator. If UDEQ refers a complaint to another agency, UDEQ shall notify the complainant.
7. Once UDEQ has issued a letter of acceptance, the Nondiscrimination Coordinator shall:
   1. Notify the respondent of the complaint and request the respondent provide a written response to the complaint within 90 business days.
   2. Conduct an appropriate, timely, and impartial investigation of the allegations, which may include interviews of the complainant, UDEQ staff, any witnesses to the alleged discrimination, and other persons with relevant personal knowledge. The investigation may also include reviewing any physical or written material the complainant or respondent provided. A preponderance of the evidence standard shall be applied during the complaint analysis.
   3. Attempt, if possible, to conciliate and resolve the complaint through a mutually agreeable solution. The focus of this informal resolution process should include improving agency procedures to pre-empting the need for future complaints. Upon informal resolution as contemplated here, the Nondiscrimination Coordinator shall provide a letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the respondent. Such a letter of resolution shall cause UDEQ’s closure of the complaint file.
8. Within 180 days of completing the investigation and exhaustion of the possibility of informal resolution as set forth above, the Nondiscrimination Coordinator shall make a preliminary written finding as to the complaint. Such preliminary findings shall be either:
   1. A finding that the respondent complies with applicable nondiscrimination law or policy; or
   2. A finding that the respondent is in violation of applicable nondiscrimination law or policy.
      Upon a finding of compliance, the Nondiscrimination Coordinator shall prepare a closure letter summarizing the allegations and investigative process and stating that the complaint file shall be closed and shall send copies thereof to the complainant and respondent. A preliminary finding of compliance shall cause UDEQ’s closure of the complaint file.
      Upon a finding of violation, the Nondiscrimination Coordinator shall prepare a letter of remediation summarizing the allegations and investigative process and explaining actions the respondent shall take to come into compliance. The letter shall prescribe a reasonable time for the respondent to complete the remedial actions set forth therein.
9. The Nondiscrimination Coordinator shall maintain copies of complaints and documentation related to the investigation and resolution thereof for a period of not less than two years or for the period consistent with the UDEQ record retention schedule, whichever is longer.
10. The above procedures do not limit or 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. UDEQ’s decision to take actions to resolve a complaint should not be construed to constitute an admission that any discrimination has occurred, and any written documents prepared by UDEQ in response to a complaint to constitute an offer of compromise subject to Federal Rule of Evidence 408 and equivalent state rules.

Alternatively, complaints may be submitted to the following agencies. Complainants should refer to each agency’s requirements for complaint submissions.

1. U.S. EPA, External Civil Rights Compliance Office 
   Mail to: 
   U.S. Environmental Protection Agency
   Mail code 2310A
   1200 Pennsylvania Ave NW Washington, DC 20460
   Email to: 
   [email protected]
   Website for additional information:
   https://www.epa.gov/external-civil-rights
2. U.S. Department of the Interior Office of Diversity, Inclusion and Civil Rights 
   Mail to: 
   Director, Office of Civil Rights,
   Department of the Interior 1849 C St NW
   Washington, DC 20240
   Website for additional information:
   https://www.doi.gov/pmb/eeo/Public-Civil-Rights
3. U.S. Department of Homeland Security (including U.S. Coast Guard) Office for Civil Rights and Civil Liberties
   Mail to: (this method can take up to 20 business days)
   U.S. Department of Homeland Security 
   Office for Civil Rights and Civil Liberties 
   Compliance Branch, Mail Stop # 0190 
   2707 Martin Luther King Jr Ave SE 
   Washington, DC 20528-0190
   Email to: 
   [email protected]
   Website for additional information:
   https://www.dhs.gov/file-civil-rights-complaint
4. Federal Emergency Management Agency External Civil Rights Division
   Mail to:
   FEMA Office of Equal Rights C St SW Rm 4SW-0915
   Washington, DC 20472-3505
   Email to: 
   [email protected]
   Website for additional information:
   https://www.fema.gov/about/offices/equal-rights/civil-rights
5. U.S. Department of Defense (including U.S. Army Corps of Engineers) Defense Privacy, Civil Liberties, and Transparency Division
   Email to: 
   [email protected] 
   Website for additional information:
   https://dpcld.defense.gov/Portals/49/Documents/Civil/Civil_Liberties_Complaint_COVID-19.pdf
6. U.S. Department of Agriculture
   Mail to: 
   U.S. Department of Agriculture
   Director, Center for Civil Rights Enforcement 1400 Independence Ave SW
   Washington, DC 20250-9410 
   Email to: 
   [email protected]
   Website for additional information:
   https://www.usda.gov/oascr/filing-program-discrimination-complaint-usda- customer
7. U.S. Department of Transportation
   Mail to: 
   Departmental Office of Civil Rights 
   1200 New Jersey Ave SE 
   Washington, DC 20590
   Website for additional information:
   https://www.transportation.gov/civil-rights/complaint-resolution/public- complaint-process

Who can file a complaint?

Anyone who believes UDEQ discriminated or retaliated against someone based on race, color, creed, religion, sex, sexual orientation, gender identity, national origin, English-language proficiency, disability, or age. The person filing the complaint need not be the victim of the alleged discrimination. UDEQ employees who believe they are the victims of discrimination should follow the Utah DEQ Human Resources prescribed procedure.
of activities related to the design and operation of Utah’s public drinking water systems.

What should I write in my complaint?

Items marked with an asterisk (*) on the complaint form must be included. Generally, you should try to be as specific and thorough as possible. Include any information you think might be helpful in investigating and resolving the complaint. You can also refer to the Grievance Procedure for more information on the contents of a complaint.

Which complaints get investigated?

Any complaint submitted in writing will receive a response. UDEQ only has the power to investigate complaints based on alleged violations of 40 C.F.R. Part 5, 40 C.F.R Part 7, 32 C.F.R. Part 17, and 43 C.F.R. Part 41, committed by UDEQ or organizations affiliated with UDEQ as subrecipients of federal funding. If you have questions about subrecipients, please contact Sarah Ward at [email protected].

How do I submit my complaint?

Complaints can be filed online via the Grievance Form.

Complaints in writing can also be mailed or hand-delivered to UDEQ’s Nondiscrimination Coordinator:

Sarah Ward
Nondiscrimination Coordinator
Utah Department of Environmental Quality
195 N 1950 W
Salt Lake City, UT 84116
[email protected]

Who investigates my complaint?

A UDEQ Nondiscrimination Coordinator, who can be contacted at the address above investigates complaints. The Nondiscrimination Coordinator is responsible for ensuring UDEQ complies with its nondiscrimination obligations.

What if I have other questions?

Read all about our procedures or contact the Nondiscrimination Coordinator.