civil rights 20180626 - mississippi department of …...civil rights training 5 Øtraining is...

32
Civil Rights Compliance and Enforcement July 24, 2019 Bill Urban Director of Purchasing and Food Distribution [email protected]

Upload: others

Post on 13-Jul-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Civil RightsCompliance and Enforcement

July 24, 2019

Bill UrbanDirector of Purchasing and Food [email protected]

Page 2: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

To create a world-class educational system that gives students the knowledge and skills to be successful in college and the workforce, and to flourish as parents and citizens

VISION

To provide leadership through the development of policy and accountability systems so that all students are prepared to compete in the global community

MISSION

Mississippi Department of Education

2

Page 3: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

State Board of Education Goals FIVE-YEAR STRATEGIC PLAN FOR 2016-2020

3

1. All Students Proficient and Showing Growth in All Assessed Areas

2. Every Student Graduates from High School and is Ready for College and Career

3. Every Child Has Access to a High-Quality Early Childhood Program

4. Every School Has Effective Teachers and Leaders

5. Every Community Effectively Uses a World-Class Data System to Improve Student Outcomes

6. Every School and District is Rated “C” or Higher

Page 4: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

FNS Instruction 113-1

4

• The purpose of FNS Instruction 113-1 is to:

Ø Establish and convey policy;

Ø Provide guidance and direction

Ø Ensure compliance with and enforcement of the prohibition against discrimination.

Page 5: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

CIVIL RIGHTS TRAINING

5

Ø Training is required so that people involved at all levels of administration of programs that receive Federal financial assistance understand civil rights related laws, regulations, procedures and directives.

Ø State agencies are responsible for training local child nutrition administrators on an annual basis.

Ø Local agencies are responsible for training their managers and staff who interact with applicants or participants on an annual basis.

Page 6: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Required Topics

6

The annual training must include, but not be limited to, thefollowing training topics in the FNS Instruction 113 – 1:

1. Collection and Use of Data2. Effective public notification systems3. Complaint procedures4. Compliance review techniques5. Resolution of noncompliance6. Requirements for reasonable accommodation of persons with disabilities7. Requirements for language assistance8. Conflict resolution9. Customer service

Page 7: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Protected Base

7

Defined as:

Any person or group of people who have characteristics for which discrimination is prohibited based on a law, regulation, or executive order.

What are the protected bases?

Page 8: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

USDA Protected Bases

8

1. Race

2. Color

3. National Origin

4. Age

5. Disability

6. Sex

7. Gender Identity

8. Religion

9. Reprisal / Retaliation - for prior Civil Rights activity

10. Political Beliefs

11. Marital Status

12. Familial or Parental Status

13. Sexual Orientation

14. Protected Genetic Information

15. All or part of an individual's income is derived from any Public Assistance program

Page 9: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

CN Protected Bases

9

1. Race

2. Color

3. National Origin

4. Age

5. Disability

6. Sex

7. Reprisal / Retaliation - for prior Civil Rights activity

Page 10: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Required Posting

10

Page 11: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Required Posting

11

Page 12: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

12

Prominently display at each site where benefits are issued and received.

Reproductions must be of equal size (11” width and 17” height).

If copied as black & white, insure the correct form is used

Form AD-475-A Rev Dec 2015

Page 13: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

13

Non Discrimination Statement

Page 14: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Non Discrimination Statement Short Version

14

“This institution is an equal opportunity provider.”

Page 15: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Collection and Use of Data

15

1. State and Local agencies are required to obtain data by race and ethnicity

2. Self identification or self-reporting is preferred method of obtaining data

3. Applicants/participants may not be required to furnish informationon their race or ethnicity

4. Where an applicant/participant does not provide this information, the collector shall through visual observation secure and record the data

Page 16: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Effective Public Notification Systems

16

The purpose of the public notification system is toinform applicants, participants, and potentially

eligible persons of:

Ø Program AvailabilityØ Complaint Information Ø Nondiscrimination Statement

Page 17: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Complaint Procedures

17

Right to File – anyone alleging discrimination has the right to file a complaint within180 days of the alleged discriminatory action

Acceptance – complaints, written or verbal, must be forwarded to the appropriate OCR Director. Anonymous complaints will be handled as any other to the extent feasible based on available information.

YOU MUST NOT REFUSE THE ACCEPTANCE OF A COMPLAINT !

Forms – any OCR may develop complaint forms, but the use of such forms must not be a prerequisite for acceptance of a complaint

Page 18: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Complaint Procedures continued

18

Verbal Complaints – the person to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information:Ø Complainant Name, address & phone (email or other contacting means)

Ø Specific location and name of agency delivering the service or benefit

Ø Nature of the incident or action that led the complainant to feel discriminated

Ø What protected base the complainant feels discriminated against

Ø Names, phone numbers, titles, addresses of persons who may have knowledge of the discriminatory action

Ø The date(s) which the alleged discriminatory actions occurred or duration of such actions

Ø Pass the received complaint to your immediate supervisor or CR representative as appropriate.

Page 19: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Complaint Procedures continued

19

Page 20: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Compliance reviews

20

Ø Must advise the reviewed entity in writing of findings and recommendations

Ø Federal or State reviewer must secure information as necessary to make the determination of compliance

Ø Routine reviews conducted as required by program regulations. Selection criteria; unusual fluctuations of racial / ethnic groups in service area, number of discrimination complaints filed against the agency, unresolved findings from previous reviews, information from grassroots orgs., State officials, etc

Page 21: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Resolution of Noncompliance

21

Ø Noncompliance - factual finding that a Civil Rights requirement is not being adhered to

Ø Achieving Voluntary Compliance – if found noncompliant, immediate steps to become compliant must be taken

Ø Termination / Suspension of Assistance – any action must be limited to the agency found noncompliant and limited to the particular program which noncompliance was found.

Page 22: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Reasonable Accommodation of Persons with Disabilities

22

The Americans with Disabilities Act (ADA) of 1990 prohibits

discrimination and ensures equal opportunity for persons with

disabilities in employment, State and local government services,

public accommodations, commercial facilities, and transportation.

Page 23: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Requirements for Language Assistance

23

Title VI and its regulations require SAs, local agencies, or other sub-recipients take reasonable steps to assure “meaningful” access to information and services they provide. What factors should be considered to determine what constitutes reasonable steps?

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee;

2. The frequency with which LEP individuals come in contact with the program;

3. The nature and importance of the program, activity, or service provided by the program to people’s lives; and

4. The resources available to the grantee/recipient and costs.

Page 24: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Conflict Resolution

24

Conflict - when one or both parties are not able to secure what they need or want and are actively seeking their own goals.

Page 25: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Conflict Resolution

25

Causes of Conflict

Ø MisunderstandingØ Personality clashesØ Competition for resourcesØ Authority issuesØ Lack of cooperationØ Differences over methods or styleØ Low performanceØ Value or goal differences

Page 26: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Conflict Resolution

26

Destructive conflict . . .

Ø Diverts energy from more important issues and tasks.

Ø Deepens differences in values.

Ø Polarizes groups so that cooperation is reduced.

Ø Destroys the morale of people or reinforces poor self-concepts

Page 27: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Conflict Resolution

27

Constructive conflict . . .

Ø Reveals issues of importance, resulting in issue clarification.

Ø Builds cohesiveness as people learn more about each other.Ø Causes reassessment by allowing for examination of procedures or

actions.Ø Increases individual involvement.

Page 28: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Conflict Resolution

28

Conflict resolution refers to resolving the dispute to the approval of one or both parties.

Ø Remain calm and approachable.

Ø Enter the process with an open mind.

Ø Don’t prejudge others.

Ø Don’t over react.

Ø Attack the problem, not the person and listen to understand their concerns !

Page 29: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Conflict Resolution

29

Alternate Dispute Resolution (ADR)

Ø The preferred method of resolving conflicts.

Ø Use of a neutral 3rd party to resolve informally a complaint of discrimination through the use of various techniques (e.g. fact finding, mediation, facilitating etc)

Page 30: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Customer Service

30

Ø Be professional

Ø Be courteous

Ø Listen intently

Ø Repeat back what you have been told to insure correctness

Ø Follow up with corrective action if required

Ø Remember . . You are providing a service!

Page 31: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

31

USDA Nondiscrimination Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, theUSDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW

Washington, D.C. 20250-9410;(2) fax: (202) 690-7442; or(3) email: [email protected].

This institution is an equal opportunity provider.

Page 32: Civil Rights 20180626 - Mississippi Department of …...CIVIL RIGHTS TRAINING 5 ØTraining is required so that people involved at all levels of administration of programs that receive

Bill UrbanDirector of Purchasing and Food Distribution

32