1.     RBRA Non-Discrimination Statement

 The Richardson Bay Regional Agency (RBRA) is committed to a policy of non-discrimination in the conduct of its business, including meeting its responsibilities under Title VI of the Civil Rights Act, the Americans with Disabilities Act, California Government Code section 11135, the California Bilingual Services Act, and other applicable federal and state laws, and to the delivery of equitable and accessible services.

It is the policy of RBRA to ensure full compliance with federal non-discrimination laws in all programs and activities. RBRA will not discriminate on the basis of race, color, national origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or gender identity), disability, mental disability, physical disability, medical condition, genetic information, marital status, veteran’s status, or age in any RBRA programs, services, or activities.

It is unlawful for RBRA programs, lessees, tenants, consultants, and contractors to discriminate against any person because of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, or sex (including actual or perceived sexual orientation or gender identity) in their public services, activities, and employment opportunities.

 RBRA is committed to taking reasonable steps to provide timely and meaningful access for Limited English Proficient Persons coming into contact with RBRA’s programs, services, and activities. RBRA will provide free language assistance to such persons. 

For more information, to request language assistance, or to file a complaint about discrimination or retaliation, contact:

Brad Gross, Executive Director (designated Civil Rights Coordinator)

Richardson Bay Regional Agency
3501 Civic Center Dr, Room 308

San Rafael, CA 94903

bgross@rgs.ca.gov

(650) 587-7300 x 124

Click below for the complaint procedure and to download the Discrimination Complaint Form.

Completed forms may be mailed or emailed to:

Brad Gross, Executive Director (designated Civil Rights Coordinator)

Richardson Bay Regional Agency
3501 Civic Center Dr, Room 308

San Rafael, CA 94903

bgross@rgs.ca.gov

(650) 587-7300 x 124

2.     Discrimination Complaint and Compliance Review/Grievance Procedure

Click below to download the Discrimination Complaint Form

It is the policy of RBRA to ensure full compliance with federal non-discrimination laws in all programs and activities. RBRA will not discriminate on the basis of race, color, national origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or gender identity), disability, mental disability, physical disability, medical condition, genetic information, marital status, veteran’s status, or age in any RBRA programs, services, or activities.

Discrimination includes but is not limited to: excluding an individual from participation in or denying an individual the benefits of any program or activity receiving Federal financial assistance due to the individual’s race, color, national origin, sex, age, or disability.

This Complaint and Compliance Review/Grievance Procedure is established so that any member of the public who believes he/she/they has been subjected to discrimination in the receipt of benefits and/or services from RBRA on the basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) and wishes to file a complaint may do so following the outline below.

RBRA is prohibited from retaliating against any member of the public who files a complaint under these procedures and any retaliation will be handled promptly if it occurs, including, when necessary, any corrective and preventative action.

The complaint shall be in writing and contain information about the complainant and the alleged discrimination such as:

1. The name, address, and phone number of complainant;
2. The name of the RBRA employee(s) against whom the complaint is filed;
3. The location, date, and description of the alleged violation; and
4. The signature of the complainant or his/her/their designee.

If the complainant is unable to submit the complaint in writing, he/she/they may call RBRA to submit a verbal complaint.

The complaint shall be submitted by the complainant or his/her/their designee as soon as possible but no later than 180 calendar days after the alleged violation to:

Brad Gross, Executive Director (designated Civil Rights Coordinator)

Richardson Bay Regional Agency
3501 Civic Center Dr, Room 308

San Rafael, CA 94903

bgross@rgs.ca.gov

(650) 587-7300 x 124

Within thirty (30) calendar days after receipt of the complaint, the designated Civil Rights Coordinator will send the complainant an acknowledgment letter. If warranted, an appropriate, prompt, and impartial investigation of any allegations filed under federal non-discrimination statutes will be conducted. RBRA expects all individuals involved to participate in the investigation and keep the matter confidential as permitted by law.

When the designated Civil Rights Coordinator determines that discrimination has occurred, he/she/they may attempt to conciliate and resolve the complaint through a mutually agreeable solution. Any such informal resolution must be signed by both the subject of the complaint and the complainant. If an informal resolution is not reached, the designated Civil Rights Coordinator shall determine any necessary remedial actions and direct appropriate staff to implement the accepted recommendations.

Absent extenuating circumstances, the designated Civil Rights Coordinator will provide a written response to the complaint within ninety (90) calendar days after beginning the investigation. The Coordinator will issue one of three letters:

1. a closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
2. a letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the relevant staff person; or
3. a letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by the RBRA.

If at any time a delay is expected, the designated Civil Rights Coordinator will notify the complainant in writing of the reasons(s) for the delay and the expected date for a response.

If the response does not satisfactorily resolve the issue, the complainant or the subject of the complaint may appeal the decision to the Chair of the RBRA Board of Directors (“Board Chair”) within fifteen (15) calendar days after receipt of the response from the designated Civil Rights Coordinator. Within thirty (30) calendar days after receipt of the appeal, the Board Chair or his/her/their designee will meet with the complainant and the subject of the complaint to discuss the complaint and possible resolutions. The Board Chair or his/her/their designee may also interview witnesses and review any physical or written evidence. Within thirty (30) calendar days after the meeting with the complainant and the subject of the complaint, the Board Chair or his/her/their designee will respond in writing to the complainant, with a final resolution of the complaint.

The designated Civil Rights Coordinator shall maintain records for a period of not less than two (2) years of complaints received, informal resolutions, investigation findings, and actions taken to resolve each complaint. If requested, the designated Civil Rights Coordinator shall furnish a report to the RBRA Board of Directors regarding the number, nature, and status of complaints over a specified period of time as requested.

These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law.

3.     TITLE VI/504/ADA and Related Federal and State Statutes Discrimination Complaint Form

Click below to download the Discrimination Complaint Form

Name of Complainant: _______________________________________________

Home Telephone Number: ___________________________________________

Work Telephone Number: ____________________________________________

Mailing Address: ______________________________________________________

                                       ______________________________________________________

What is the most convenient time for us to contact you about this complaint? ______________________________________________________________________________

Basis of Discriminatory Action(s):

____ Race

____ Sex

____ Marital Status

____ Color

____ National Origin/Ancestry

____ Veteran’s Status

____ Religion/Creed

____ Physical/Mental

____Disability

____ Genetic Information

____ Age

____ Medical Condition

____ Retaliation

Date and place of alleged discriminatory actions. Please include earliest date of discrimination and most recent date of discrimination: ________________________________________________________________________________________________

_________________________________________________________________________________________________________________________

How were you discriminated against? Describe the nature of the action, decision, or conditions of the alleged discrimination. Explain as clearly as possible what happened and why you believe your protected status was a factor in the discrimination. Include how other persons were treated differently from you. (Attach additional page(s), if necessary). ________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

Names of persons (witnesses, fellow employees, supervisors, or others) whom we may contact for additional information to support or clarify your complaint: (Attached additional page(s), if necessary).

Name _________________________________________________________________

Address_______________________________________________________________

                  _________________________________________ ______________________

Telephone ____________________________________________________________

________________________________________________     _____________________

Signature of Complaintant                                                      Date

4.     Access for Members of the Public with Disabilities

RBRA promotes the full and fair participation of members of the public with disabilities in all of its programs, services, and activities. RBRA is committed to both equal access and full participation of people with disabilities in its programs, services, and activities. In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, RBRA does not discriminate against qualified individuals with disabilities on the basis of disability.

Non-discrimination

RBRA will not, in any of its programs, services, or activities:

·       Deny a qualified person, on the basis of disability, the opportunity to participate in and benefit from programs, services, and activities that are not equal to that afforded to others;

·       Impose eligibility criteria that screen out or tend to screen out individuals on the basis of disability from enjoying any program, service, or activity unless the criteria are necessary for the provision of the program, service, or activity;

·       Make unnecessary inquiries into the existence of a disability;

·       Impose surcharges on people with disabilities for any costs of compliance with the ADA and Section 504; or

·       Otherwise limit or separate a qualified person, on the basis of disability, in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others.

This policy does not require RBRA to undertake any action that would fundamentally alter the nature of its programs, services, or activities, that would pose a direct threat to the health or safety of participants in those programs, services, or activities. RBRA may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities.

Reasonable Modifications

RBRA will reasonably modify its policies, practices, or procedures upon request from a qualified person with a disability when the modification is necessary to participate in a RBRA program, service, or activity. A reasonable modification is a change or exception to a policy, practice or procedure that allows a person with a disability to have equal access to a RBRA program, service, or activity.

A request for reasonable modification may not always use the terms “reasonable modification” or “ADA.” Any request for a change or exception to a policy, practice or procedure because of a disability should be treated as a request for reasonable modification.

When possible, reasonable modifications should be requested in advance. When requesting a reasonable modification to a RBRA program, service or activity, a person with a disability is generally not required to provide medical documentation, but must be able to explain their disability and how it is related to the requested modification. RBRA is not required to grant a modification if doing so would be unreasonable or would fundamentally alter the nature of the service, program, or activity. RBRA is not required to provide personal or individually prescribed devices or to provide services of a personal nature. A person with a disability needing a reasonable modification should request the modification as early as possible, at least twenty-four (24) hours before the need for such a modification arises. For requests that are not received twenty-four (24) hours in advance, RBRA will attempt to provide reasonable modifications if possible.

Requests for modifications that have little or no cost and pose little or no administrative burden, such as assistance filling out a form, providing a chair, or reading printed materials aloud, can be granted by the individual responsible for the program, service, or activity. More complex modifications should be requested to RBRA’s designated Civil Rights Coordinator at:

Brad Gross, Executive Director (designated Civil Rights Coordinator)

Richardson Bay Regional Agency
3501 Civic Center Dr, Room 308

San Rafael, CA 94903

bgross@rgs.ca.gov

(650) 587-7300 x 124

Denials of requests for modifications should be in writing and explain the right to pursue the RBRA’s Discrimination Complaint and Compliance Review/Grievance Procedure. Please CLICK HERE to be directed to the Procedure.

Effective Communication

RBRA is committed to ensuring people with disabilities, including those with speech, hearing, or vision disabilities, receive “effective communication” so they can participate equally in RBRA programs, services, and activities.

Upon request, RBRA will take appropriate steps to provide auxiliary aids or services when necessary to ensure effective communication for qualified people with disabilities, including applicants and participants, unless doing so would cause an undue burden or fundamental alteration for RBRA. Auxiliary aids or services will be provided at no cost to the person with a disability. The type of auxiliary aid or service necessary to ensure effective communication will vary depending on the length and complexity of the communication involved. In choosing among possible auxiliary aids or services, RBRA will give primary consideration to the choice of the person with a disability unless it can show that another equally effective means of communication is available.

RBRA will not require a person accompanying a person with a disability to interpret or facilitate communication with the person with a disability, except: (1) In emergencies involving imminent threat to safety when no other auxiliary aid or service is available, or (2) When the person with a disability specifically requests that the companion interpret or facilitate communication, the companion is an adult, the companion agrees to facilitate, and reliance on the companion is appropriate under the circumstances.

To request auxiliary aids or services, people should contact RBRA’s designated Civil Rights Coordinator at least three (3) days in advance at:

Brad Gross, Executive Director (designated Civil Rights Coordinator)

Richardson Bay Regional Agency
3501 Civic Center Dr, Room 308

San Rafael, CA 94903

bgross@rgs.ca.gov

(650) 587-7300 x 124

For requests that are not received three (3) days in advance, RBRA will attempt to provide auxiliary aids or services if possible.

Denials of requests for auxiliary aids or services should be in writing and explain the right to pursue the RBRA’s Discrimination Complaint and Compliance Review/Grievance Procedure. Please CLICK HERE to be directed to the Procedure.

Public Notification of Rights

RBRA will make continuous efforts to notify the public (including through on-line, print, and other appropriate methods of publication) that it provides effective communication and other reasonable modifications to qualified individuals with disabilities.