(a) Complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), should be addressed to the Secretary of the Township of Lower Chichester, who has been designated to coordinate Section 504 compliance efforts.
(b) A complaint should be filed in writing or verbally, contain the name and address of the person filing it and briefly describe the alleged violation of the regulations.
(c) A complaint should be filed within ten days afer the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.)
(d) An investigation as may be appropriate shall follow a filing of a complaint. The investigation shall be conducted by the Chairman of the Township Commissioners. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
Under the U.S. Department of Health and Human Services regulations, the Township of Lower Chichester need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
(e) A written determination as to the validity of the complaint and a description of its resolution, if any, shall be issued by the Secretary of the Township of Lower Chichester and a copy forwarded to the complainant no later than ten days after its filing.
(f) The Section 504 coordinator shall maintain the files and records of the Township of Lower Chichester relating to the complaints filed.
(g) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution of the complaint. The request for reconsideration should be made within ten days to the Township Secretary.
(h) The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of a Section 504 complaint with the responsible Federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(i) These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the Township of Lower Chichester complies with Section 504 and implementing regulations.
(Res. 84-15. Passed 10-15-84.)