Federal “Title VI/Nondiscrimination” Protections
Cape Cod Commission/Metropolitan Planning Organization (MPO) operates its programs, services, and activities in compliance with federal nondiscrimination laws including Title VI of the Civil Rights Act of 1964 (Title VI), the Civil Rights Restoration Act of 1987, and related statutes and regulations. Title VI prohibits discrimination in federally assisted programs and requires that no person in the United States of America shall, on the grounds of race, color, or national origin (including limited English proficiency), be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance. Related federal nondiscrimination laws administrated by the Federal Highway Administration, the Federal Transit Administration, or both prohibit discrimination on the basis of age, sex, and disability. These protected categories are contemplated within the MPO’s Title VI Programs consistent with federal interpretation and administration.
Additionally, the MPO provides meaningful access to its programs, services, and activities to individuals with limited English proficiency, in compliance with US Department of Transportation policy and guidance on federal Executive Order 13166.
State Nondiscrimination Protections
The MPO also complies with the Massachusetts Public Accommodation Law, M.G.L. c 272 §§ 92a, 98, 98a, prohibiting making any distinction, discrimination, or restriction in admission to or treatment in a place of public accommodation based on race, color, religious creed, national origin, sex, sexual orientation, disability, or ancestry. Likewise, the MPO complies with the Governor’s Executive Order 526, section 4 requiring all programs, activities, and services provided, performed, licensed, chartered, funded, regulated, or contracted for by the state shall be conducted without unlawful discrimination based on race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran's status (including Vietnam-era veterans), or background.
To request additional information regarding Title VI and related federal and state nondiscrimination obligations, please contact:
Title VI Coordinator Cape Cod Commission
PO Box 226, 3225 Main Street
Barnstable, MA 02630
Title VI Specialist
Massachusetts Department of Transportation (MassDOT) Office of Diversity and Civil Rights (ODCR)
10 Park Plaza
Boston, MA 02116
TITLE VI COMPLAINT PROCEDURE
Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by the Cape Cod Metropolitan Planning Organization or the Cape Cod Commission acting on behalf of the Cape Cod MPO (hereinafter referred to as “the Authority”) may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form. The Cape Cod Metropolitan Planning Organization works with the Massachusetts Department of Transportation to investigate complaints received no more than 180 days after the alleged incident. The Authority acting with the Massachusetts Department of Transportation (hereinafter “MA DOT”) will process complaints that are complete.
Once the complaint is received, the Authority will first forward it to the Massachusetts Department of Transportation. The Authority will also review it to determine if our office has jurisdiction. The complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated by either the Authority or the MA DOT.
The Authority and/or the MA DOT has forty-five (45) days to investigate the complaint. If more information is needed to resolve the case, the Authority and/or the MA DOT may contact the complainant. The complainant has fifteen (15) business days from the date of the letter to send requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the additional information within fifteen business days, the Authority and MA DOT can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case.
After the investigator reviews the complaint, she/he will issue one of two letters to the complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. An LOF summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member, or other action will occur. If the complainant wishes to appeal the decision, she/he has thirty (30) days after the date of the letter or the LOF to do so.
A person may also file a complaint directly with the Federal Transit Administration, at FTA Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590.
To file a complaint alleging a violation of Title VI or related federal nondiscrimination law, contact the Title VI Specialist (above) within 180 days of the alleged discriminatory conduct.
To file a complaint alleging a violation of the state’s Public Accommodation Law, contact the Massachusetts Commission Against Discrimination within 300 days of the alleged discriminatory conduct at:
Massachusetts Commission Against Discrimination (MCAD)
One Ashburton Place, 6th Floor
Boston, MA 02109