Any family member, person(s) supported or legally authorized representative on behalf of such person(s) supported who applies for or receives any benefit or service provided by DIDD may file a complaint of discrimination on the basis of race, color, or national origin. The individual or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.

A complaint alleging discrimination against a service provider or any entity of the Department of Finance and administration, Division of Intellectual Disabilities Services may be filed with an Agency Title VI Compliance Coordinator, Regional Title VI Compliance Coordinator or with DIDD Title VI Compliance Coordinator at the following address:

Vickey Coleman, Ph.D.
DIDD Title VI Compliance Director
400 Deaderick Street
Nashville, TN 37243
(901) 356-6324 or (800) 535-9725

A Title VI complaint may also be filed externally with the following agencies:

Regional Manager, Office for Civil Rights - Region IV
U.S. Department of Health and Human
Services Atlanta Federal Center, Suite 3B70
61 Forsyth Street, S.W.
Atlanta, GA 30303-8909
(404) 562-7886

A person filing a Title VI complaint has the right to file the complaint with the federal Office for Civil Rights at any stage of the complaint process. All Title VI complaints filed with the U.S. Department of Health and Human Services must be filed no later than 180 calendar days after the alleged discrimination occurred. Pursuant to Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Age Discrimination Act of 1975.

Once a complaint (formal and informal) is accepted for processing, the Title VI Coordinator will immediately contact TDOT (if transportation related) or the appropriate department within three business days. If, based on the investigation, the Title VI Coordinator concludes that there is no discrimination, the complaint will be dismissed.

Under appropriate circumstances, the Title VI Coordinator may seek comment(s) from the recipient, and/or complainant(s) on preliminary data analyses before making an initial finding concerning disparate impact.

A finding of disparate impact provides the recipient the opportunity to rebut the Title VI Coordinator's finding, propose a plan for mitigating the disparate impact, or "justify" the disparate impact. If the recipient successfully rebuts the Title VI Coordinator's finding, or if the recipient elects to submit a plan for mitigating the disparate impact, and based on the review, the Title VI Coordinator agrees that the disparate impact will be mitigated sufficiently pursuant to the plan, the parties will be so notified. Assuming that assurances are provided regarding implementation of such a mitigation plan, no further action on the complaint will be required.

If the recipient can neither rebut the finding of the disparate impact nor develop an acceptable mitigation plan, the recipient may seek to demonstrate that he/she has a substantial, legitimate interest that justifies the decision to proceed with the action, notwithstanding the disparate impact. Even where a substantial, legitimate justification is offered, the Title VI Coordinator will consider whether it can be shown that there is an alternative that would satisfy the state's interest, while eliminating or mitigating the disparate impact.

Complainant may appeal an investigative finding to the Board of Directors. If complainant is not satisfied with the outcome of the Board of Director investigation, then the complainant may appeal to the Commissioner of DIDD. The appeal to the Commissioner constitutes the final level in the department's internal complaint system.

Upon an appeal, the Title VI Director and the DIDD General Counsel will assist the Commissioner of DIDD in reviewing the matter and making determinations. Procedures can include, but are not limited to, discussing the complaint with the complainant and/or the alleged offender.

According to federal regulations, a complaint to the U.S. Commission on Civil Rights must be filed no later than 180 calendar days after the alleged discrimination occurred. Thus, to accommodate sequential external complaint filing, should the complainant wish to file a complaint with the federal authority, the following schedule of time limits must be followed in the filing, appeal, and disposition of a complaint:

• No later than 30 calendar days after the alleged discrimination occurred:
  A complainant must file a written complaint within HRTADC
• No later than 15 calendar days after the written complaint is filed within HRTADC, unless it is transportation related, then the complaint must be filed with TDOT within three days of the complaint being filed:
  The Title VI Coordinator shall review and investigate the complaint and issue a written determination of findings, and if there is a finding of Title VI violation, propose remedial action (information regarding appeal rights) shall also be provided at that time
• No later than 15 calendar days after the Title VI Coordinator's written determination:
  The complainant may file a written appeal with the Board of Directors
• No later than 30 calendar days after the appeal is filed with the Commissioner:
  The Commissioner shall review and investigate the complaint and issue a written determination in the matter

If a complainant remains unsatisfied with the findings or the proposed remedial action, the complainant will still have time to file externally, with the U.S. Commission on Civil Rights, within the stated time limit of 180 calendar days.

Throughout the complaint process, it shall be the responsibility of the complainant and the Director of Civil Rights to ensure that DIDD's General Counsel has a complete record of all documents, proceedings, findings, appeals, and dispositions related to a complaint. The DIDD General Counsel and the Director of Civil Rights shall have responsibilities as repositories of such information, as well as advisors to departmental authorities regarding complaints.

In accordance with Title VI of the Civil Rights Act of 1964 {45 C.F.R. Part 80.7{e)}, no DIDD personnel or service provider shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Section 601 or the Act, or because the individual has made a complaint, testified, assisted, or participated in any manner in a discrimination investigation, proceeding, or hearing.