Title VI Training NCRPO Association Dene Alexander NCDOT

Title VI Training: NCRPO Association Dene’ Alexander, NCDOT and Lynise De. Vance, FHWA July 27, 2018

Title VI Training: NCRPO Association What is Title VI? • Federal law from The Civil Rights Act of 1964 that states: – No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. • Nondiscrimination in the Federal-Aid Program 2

Title VI Training: NCRPO Association The 1964 Civil Rights Act - Titles • • • Title I - Voting Rights Title II - Public Accommodation Title III - Desegregation of Public Facilities Title IV - Desegregation of Public Education Title V - Commission on Civil Rights Title VI - Nondiscrimination in Federally Assisted Programs & Activities Title VII - Equal Employment Opportunity Title VIII - Registration and Voting Statistics Title IX - Intervention & Procedure after Removal in Civil Rights Cases Title X - Establishment of Community Relations Service Title XI - Miscellaneous 3

Title VI Training: NCRPO Association Nondiscrimination in the Federal -Aid Program • Nondiscrimination denotes the absence of disparate treatment or impact in Federally-assisted programs and activities. – Intentional discrimination (disparate treatment) • Deliberately treated unequally – Unintentional discrimination (disparate impact) • Unequal outcome of a facially neutral policy or procedure 4

Title VI Training: NCRPO Association What is Discrimination? • Federal Highway Administration (FHWA): – That act (action or inaction), whether intentional or unintentional, through which a person in the United States solely because of race, color, national origin, sex, age, or disability is subjected to disparate treatment or impact, in any program or activity receiving Federal financial assistance from FHWA. 5

Title VI Training: NCRPO Association Why do RPOs have to follow Title VI? • 1987 Civil Rights Restoration Act – Title VI includes all programs and activities of Federal-aid recipients and contractors whether federally funded or not • Any subrecipient of NCDOT must abide by Title VI • Local, state- or federally-assisted activities of federal-aid RPOs 6

Title VI Training: NCRPO Association Other Nondiscrimination Authorities • Related Nondiscrimination Authorities include: – 1973 Federal-aid Highway Act (sex) – Age Discrimination Act of 1975 (age) – Section 504 of the 1973 Rehabilitation Act and Americans with Disabilities Act (ADA) of 1990 (disability) – Uniform Act of 1970 (persons displaced or property acquired) – Executive Order 12898 on Environmental Justice (EJ) • US DOT Order 5610. 2 a and FHWA Order 6640. 23 A – Executive Order 13166 on Limited English Proficiency (LEP) • US DOT LEP Guidance • Title VI Implementing Regulations: – 49 C. F. R. 21 – US Department of Transportation (DOT) Title VI Regulation – 23 C. F. R. 200 – FHWA Title VI Regulation 7

Title VI Training: NCRPO Association Title VI Nondiscrimination Program National Origin Race Color Sex Low. Income LEP Creed/ Religion Disability Age 8

Title VI Training: NCRPO Association Title VI Nondiscrimination Agreement • Agreement between NCDOT and its subrecipients, signed by the subrecipient • Developed by NCDOT, OCR, Title VI Program and provided to business units to execute • Executed by Transportation Planning Division (TPD) 9

Title VI Training: NCRPO Association Title VI Program Plan • Internal regulatory document approved by NCDOT Civil Rights Unit – Outlines procedures, strategies, and activities used to facilitate and assure nondiscrimination – Assists NCDOT in its oversight of your external civil rights program 10

Title VI Training: NCRPO Association Title VI Program Plan Table of Contents Section Page 1. Policy Statement and Notice of Nondiscrimination 3 2. Standard USDOT Title VI Assurances 3 3. Organization & Staffing 4 4. Environmental Justice 5 5. Data Collection/Analysis/Reporting 5 6. Limited English Proficiency (LEP) 6 7. Dissemination of Information 9 8. External Discrimination Complaints 12 9. Review of Organization Directives 14 10. Title VI Training 14 11. Compliance & Enforcement Training Procedures 14 11

Title VI Training: NCRPO Association Section 1: Policy Statement and Notice of Nondiscrimination • Express commitment to Title VI Nondiscrimination obligation • Signature of Chief Administrative Officer (CAO) • Disseminate throughout organization and to public • Post or provide in other languages, when appropriate • Report a list of places notice is posted, when requested 12

Title VI Training: NCRPO Association Section 2: Standard USDOT Title VI Assurances • • • Agreement between USDOT and its federal-aid recipients Must be signed by the recipient (49 CFR § 21. 7) Executed by TPD Monitored by NCDOT, OCR, Title VI Program Failure or refusal to furnish required assurance is grounds for termination, refusal to grant or continue Federal financial assistance (49 C. F. R. § 21. 13(b)&(c)) Includes Nondiscrimination Language for Contracts 13

Title VI Training: NCRPO Association Section 2: Nondiscrimination Language for Contracts • #2 of the Assurances goes in solicitations, Requests for Proposals, etc. • Pre-Award Phase 14

Title VI Training: NCRPO Association Section 2: Nondiscrimination Language for Contracts cont. • Include Appendices A E in every contract or agreement executed by your organization • B, C and D may not apply - “This section shall apply, as applicable. ” • Post-Award Phase 15

Title VI Training: NCRPO Association Section 3: Organization & Staffing • Title VI Coordinator – Authority to administer program – Trained to implement the program – Member of the Lead Planning Agency (LPA) – Compliance Review point of contact • Organizational Chart – Identify Title VI Coordinator 16

Title VI Training: NCRPO Association Section 4: Environmental Justice • Requires RPO to identify and address disproportionately high and adverse effects to minority and low-income groups 17

Title VI Training: NCRPO Association Section 5: Data Collection/Analysis/Reporting • Demographic Data Profiles – Race & Ethnicity, Age & Sex, Disability, Poverty, Household Income, and LEP • Participant Data (Public Involvement) • Voluntary Public Involvement Form • Contact TPD for assistance 18

Title VI Training: NCRPO Association Section 6: Limited English Proficiency (Executive Order 13166) • Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English – Meaningful access to services and benefits (language assistance, free of charge) • Language Assistance Plan – Outlines RPO’s responsibilities to ensure access for LEP persons 19

Title VI Training: NCRPO Association Section 6: Safe Harbor Threshold – 5% or 1, 000 persons, whichever is less • Margin of Error – “Limited ability” means less than very well (U. S. Census) – Free written translation of vital documents for each eligible LEP population – 5% and < 50 LEP persons (written notice of free oral interpretation services) 20

Title VI Training: NCRPO Association Section 6: Four Factor Analysis* Factor 1: Number or proportion eligible to be served or likely to be encountered (Safe Harbor Threshold) Factor 2: Frequency of LEP contact with program, activity, or service Factor 3: Nature and importance of program, activity, or service provided Factor 4: Resources available to the recipient and costs * applies to service and project areas 21

Title VI Training: NCRPO Association Section 7: Dissemination of Information • Public Involvement Plan** – Ensure public’s understanding of its rights – Outlines dissemination of information to the public – Summarizes outreach strategies used to engage the public ** Attach current public involvement plan 22

Title VI Training: NCRPO Association Section 8: External Discrimination Complaints • • Complaint basis: – Race, color, national origin, income level, LEP, sex, age, disability Consult with NCDOT ECR to determine jurisdiction – Title VI Program investigates complaints against RPOs Investigate or forward to NCDOT, as directed NCDOT concurrence on decision 23

Title VI Training: NCRPO Association Section 8: External Discrimination Complaints cont. • Complaints must be: – Filed no later than 180 days after the alleged act – In writing and signed • Complainant or Representative – Investigated by staff trained in conducting investigations – Logged with requisite information • Resolved – have mechanisms in place to resolve issues before or after formal complaints are filed • Title VI Program will provide notification to subrecipient when complaints are directly submitted to us or will be investigated 24

Title VI Training: NCRPO Association Section 9: Review of Organizational Directives • Prohibit specific discriminatory practices in directives • Inform contractors of Title VI obligations • Engage stakeholders & public in decision-making • Ensure accessible meeting locations and formats • Identify program impacts (positive and negative) on affected populations • Monitor contractors for nondiscrimination obligations 25

Title VI Training: NCRPO Association Section 10: Title VI Training • • • Once every 3 years is recommended Offer annual refresher training Sign-in sheets Maintain records for at least 3 years Acknowledgement Form – Distributed annually New employees – Require to sign acknowledgement form 26

Title VI Training: NCRPO Association Section 11: Compliance & Enforcement Procedures • Voluntary Compliance requires NCDOT: – Enter into a deficiency status – Accept and follow a corrective action plan – Seek technical assistance from USDOT • Nonresponsive or Uncooperative conduct may result in: – Suspension or termination of Federal financial assistance – Refusal to grant or continue federal financial assistance – Any other means authorized by law (49 C. F. R. § 21. 13) • Standard NCDOT practices for corrective action up to refusal to grant or continue state funding • Title VI Program may report the noncompliance 27

Section 11: Compliance & Enforcement Procedures cont. 28

Title VI Training: NCRPO Association Key Actions • Complete and submit draft plans to TPD: September 28, 2018 • Present to TAC/TCC for local adoption after NCDOT approval 29

Title VI Training: NCRPO Association NCDOT Title VI Staff Mark Whisenant, Interim Title VI Manager 919 -508 -1822 mawhisenant@ncdot. gov Dene’ V. Alexander, Lead Title VI Officer 919 -508 -1830 dalexander 2@ncdot. gov Tanisha Mc. Coy, Title VI Officer 919 -508 -1867 tmccoy 1@ncdot. gov Jasmine Carter, Title VI Officer 919 -508 -1889 jmcarter 1@ncdot. gov 30

Title VI Training: NCRPO Association 31