Title VI: Complaint Process
The Santa Clara Valley Transportation Authority (VTA) grants all citizens equal access to all its transportation services. It is further the intent of VTA, that all citizens are aware of their rights to such access. This site is designed to serve as an educational tool for citizens so that they may understand one of the civil rights laws that protect their benefit of VTA programs and services, specifically, as it relates to Title VI of the Civil Rights Act of 1964.
What is Title VI
Title VI is a section of the Civil Rights Act of 1964 requiring that “No person in the United States shall on the grounds 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.” Note that Title VI does not address gender discrimination. It only covers race, color and national origin. Other Civil Rights laws prohibit gender discrimination.
Who are Limited English Proficient Persons?
Persons who do not speak English as their primary language and who have limited ability to read, speak, write, or understand English can be limited English proficient, or “LEP.” These individuals may be entitled to language assistance with respect to a particular type of service, benefit, or encounter.
Different treatment based on a person’s inability to speak, read, write, or understand English may be a type of national origin discrimination.
How do I file a complaint?
If you believe that you have received discriminatory treatment by the VTA on the basis of your race, color or national origin, you have the right to file a complaint with the VTA Title VI Coordinator. The complaint must be filed no later than 180 calendar days of the alleged discriminatory incident.
Title VI Complaint Form (PDF 44KB)
Methods of filing a Complaint
The preferred method is to file your complaint in writing using the Title VI Complaint Form, and sending it to:
Title VI Coordinator
Employee Relations Department
Santa Clara Valley Transportation Authority
3331 North First Street, B1
San Jose, CA 95134
Verbal complaints will be accepted and transcribed by the Title VI Coordinator. To make a verbal complaint, call (408) 321-5571 and ask for the Title VI Coordinator. Complaints may also be filed with external entities such as the Equal Employment Opportunity Commission (EEOC); Federal Transit Administration (FTA); or Department of Fair Employment and Housing (DFEH). Please review information on the respective agency websites for details on filing Title VI complaints.
Should a complaint be filed with VTA and an external entity simultaneously, the external complaint shall supersede the VTA complaint and the VTA’s complaint procedures will be suspended pending the external entity’s findings.
Investigations
Within 10 working days of receipt of the formal complaint, the Title VI Coordinator will notify the complainant and begin an investigation (unless the complaint is filed with an external entity first or simultaneously).
The investigations will address complaints against any VTA department(s). The investigation will be conducted in conjunction with and under the advice of the Employee Relations Department.
The investigation may include discussion(s) of the complaint with all affected parties to determine the problem. The complainant may be represented by an attorney or other representative of his/her own choosing and may bring witnesses and present testimony and evidence in the course of the investigation.
The investigation will be conducted and completed within 60 days of the receipt of the formal complaint.
Based upon all the information received, an investigation report will be written by the Title VI Coordinator for submittal to the Chief Administrative Officer.
The complainant will receive a letter stating that final decision by the end of the 60 day time limit. Most investigations are completed within 30 days.
The complainant shall be notified of his/her right to appeal the decision. Appeals may be made to the Federal Transit Administration, the Equal Employment Opportunity Commission, or the Department of Fair Employment and Housing.
