APM.9114. Complaint/Grievance Policy and Procedures

[OAC 5101-9-11]

The county agency shall have in effect complaint/grievance procedures that incorporate "due process." The complaint/grievance procedures will, at a minimum, provide the following:

(1)Any person who believes that he/she, or any specific class of persons, has been subjected to discrimination on the basis of race, color, national origin, disability, age, and if applicable, sex or religion, may file a written complaint with the agency accused of discriminating.

(2)The time period for the filing of a complaint is within 180 days from the date the alleged discriminatory act(s) occurred.

(3)The county agency or contract provider against which an allegation of discrimination has been filed shall send notice of said allegation to the Director of ODHS listing:

(a)The accusing party's name, address, and phone number, if available;

(b)Discriminatory allegation; and,

(c)Other information which may be pertinent to the charge.

(4)The Director of ODHS shall forward such allegations to the ODHS Civil Rights/EEO Section, which may assist the county agency Civil Rights Coordinator/EEO Office in conducting a prompt and thorough investigation of all charges, make preliminary findings as to whether discrimination has occurred, and if it has occurred, make a recommendation to the ODHS Director to take all action necessary to correct the discriminatory practices.

(5)The complainant shall be advised, within ten days, of the findings regarding the complaint. The complainant shall also be advised of the right to file a complaint to any appropriate state or federal civil rights enforcement agency, if not satisfied with the internal decision.

(6)No person who has filed a complaint, testified, assisted, or participated in any manner in the investigation of a complaint, shall be intimidated, threatened, coerced, or retaliated against.

(7)The ODHS Civil Rights/EEO Section will maintain records which show the nature of the complaint, the details of the investigation, and the actions taken by the department.