Civil Rights, Non-Discrimination, and Accessibility

Any person who believes that they have been subjected to discrimination under Title VI, on the basis of race, color, or national origin has a right to file a complaint.  In addition, RIOER prohibits discrimination based on age, sex, marital status, religion, gender identity or gender expression, income, disability, sexual orientation, citizenship status, or any other legally prohibited basis. 

Complaint Process

1. A written complaint must be filed with the Civil Rights Coordinator for RIOER within one hundred and eighty (180) days of the alleged occurrence. The complaint should contain the name and address of the person filing the complaint, a description of the situation giving rise to the discrimination (awarding of federal funds to a recipient from RIOER; employment by a recipient of federal funding from RIOER; program or services offered by RIOER; program or services offered by a recipient of federal funding from RIOER), the date the discrimination occurred (month, day, year), that agency or organization involved, the nature(s) of discrimination (age, gender, gender identity, sexual orientation, marital status, familial status, religion, race/ethnicity, national origin – including Limited English Proficiency, color, or disability) and description of the alleged discrimination.   The complaint should contain a signature and date.
    
2. Complaints must be submitted to RIOER’s Civil Rights Coordinator:
   • Via US Mail:
     • Adam J. Fague, Esq. 
       
       Civil Rights Coordinator and ADA Coordinator
       Rhode Island Department of Administration, Division of Legal Services
       
       Rhode Island Office of Energy Resources
       1 Capitol Hill
       Providence, RI 02908
   • Via hand delivery:
     • Rhode Island Office of Energy Resources
       1 Capitol Hill
       Providence, RI 02908
   • Via email:
     • adam.fague@doa.ri.gov
3. Upon request, alternative means of filing a complaint shall be made available for persons seeking such accommodation on the basis of a disability.  Complaints filed by alternative means must include the name, address, telephone number, email address, and brief description of the alleged violation, including the date(s) and parties involved. 
    
4. Complaints by RIOER employees or applicants for state employment should refer to the process set forth in the Division of Equity, Diversity & Inclusion procedure.

Complaint Resolution Process

1. Formal complaints will be reviewed by the Civil Rights Coordinator, who will provide written acknowledgment of the complaint within ten business days by first-class mail. The written acknowledgment will be sent to the address provided on the submitted complaint form.
   
   Accommodations will be provided if a complainant cannot receive written notice throughout the complaint process.
   
   These complaint procedures do not impede the Complainant’s right to file a complaint with any other State or Federal agencies or the right to retain an attorney.
2. The Civil Rights Coordinator may determine whether additional information is required.  In this event, the complainant will be notified in writing of the information needed.  The complaint will have 60 days to provide the requested information.
3. Once the additional information is received, if any, the Civil Rights Coordinator will determine if the complaint will be investigated.  This will be determined within 15 business days of receiving the requested information, if any.  The complaint will be assessed using the preponderance of evidence standard. This means that, based on the information provided, it is more likely than not that the complaint warrants an investigation. The Civil Rights Coordinator will notify the complainant in writing of the decision within five business days.
    
   • If the decision is to not investigate the complaint, the notification shall specify the reason(s) of the decision; or
   • If the complaint is to be investigated, the notification shall state the grounds for the investigation and inform the parties that full cooperation will be required.
4. If it is determined that a complete investigation will be conducted, the investigation will be conducted by the Civil Rights Coordinator, or his/her designee, in consultation with other RIOER personnel, as warranted.  This procedure contemplates an informal but thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
    
5. At the conclusion of the investigation, the Civil Rights Coordinator shall prepare a report that will make a written determination as to the validity of the complaint and include findings and recommendations of the investigation, if any. 
    
6. The Civil Rights Coordinator shall have up to ninety (90) days, from the date of the investigation notification, to conduct an investigation and complete a report.  A copy of the report will be forwarded to the complainant.  If additional time is needed by the Civil Rights Coordinator, he/she shall advise all parties accordingly.

Mediation and Informal Complaint Resolution

At any time during the complaint review and/or investigation process, the complainant may request mediation.  Both parties must consent to the mediation.  If the parties consent to mediation, the complaint review and investigation process will be stayed while the parties work to mediate the complaint.  

Additionally, the parties are encouraged to consider how they might be willing to resolve the matter through informal means, as appropriate.  Either party may take informal measures as necessary to resolve the complaint.

Complaint Dismissal

A complaint may be dismissed under any of the following circumstances:

1. The complainant dismisses or withdraws the complaint;
2. The complaint is not timely and good cause does not exist for waving the timing requirement;
3. The complainant does not respond to correspondence requesting additional information within the timeframes requested;
4. The complainant cannot be located;  
5. The complaint does not make allegations against RIOER or one of its subrecipients;
6. A complaint may be dismissed after a review if it has been determined there is not a substantive claim of discrimination.

Record Keeping

Complaints, including the nature of the complaint and other pertinent information, will be recorded by RIOER.  This may include but is not limited to: the demographics of the complainant, the date the complaint was filed; and the dates of investigation.  Records of complaints may be requested by federal agencies.  If requested, this information will be forwarded to the requesting federal agency.  To maintain confidentiality, no personal identifying information of the complainant will be disclosed in the record. The Civil Rights Coordinator will maintain the files and records relating to complaints filed.

RIOER ensures that individuals with Limited English Proficiency (LEP) have meaningful access to all RIOER programs.  LEP individuals are individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English.

RIOER staff will consider the following four factors when determining the language access resources to provide when interacting with LEP communities:

1. The number of LEP individuals likely to be served or affected by the project or program.
2. The frequency in which LEP individuals may come in contact with the program or project.
3. The nature and importance of the project or program for the LEP community.
4. The availability and costs of language translation resources.    

RIOER may utilize American Communities Survey,  LEP Community Mapping Tool, or other resources to determine which Rhode Island communities are considered LEP.  Upon request, written and oral communication regarding a project affecting LEP communities may be translated and interpreted in the most effective way possible.  RIOER may also undertake its own analysis on a project-by-project, depending on the demographic analysis of any area potentially impacted by a project basis and translate vital documents.   Language access services may be provided by a third-party vendor or by volunteer interpreters.

RIOER will provide written translations for vital documents for each eligible LEP language group that constitutes either 5% of the affected community’s population or includes 1,000 people within the community who are likely to be encountered or affected by the project, program, or activity. RIOER staff will use whichever of these two options comprises the least amount of people to determine document translation.

RIOER will provide oral interpretation services upon request.  Oral interpretation services may be provided for interactions with LEP individuals or communities.  Oral interpretation services may also be provided for public meetings in LEP communities.

Questions or Requests for Services: If you have any questions or specific needs regarding document translation, language interpretation or other communication access services, please contact:

Adam J. Fague, Esq.
Civil Rights Coordinator and ADA Coordinator
Rhode Island Department of Administration, Division of Legal Services 
Rhode Island Office of Energy Resources
1 Capitol Hill
Providence, RI 02908
Phone: 401-222-8339
Email: adam.fague@doa.ri.gov

RIOER has adopted an internal grievance procedure to address complaints alleging actions prohibited by the American with Disabilities Act (ADA) of 1990 an/or Section 504 of the Rehabilitation Act of 1973 in order to provide a prompt and equitable resolution of said complaints.

Complaint Process

1. Complaints should be addressed to the RIOER’s ADA Coordinator who has been designated to coordinate ADA/5O4 Compliance efforts:
   
   Adam J. Fague, Esq.,
   Civil Rights Coordinator and ADA Coordinator
   Rhode Island Department of Administration
   Division of Legal Services
   Rhode Island Office of Energy Resources
   1 Capitol Hill, Providence, RI 02908
   Phone: 401-222-8339 
   RI Relay: 711   
2. A written complaint should be submitted to the RIOER’s ADA Coordinator within ten (10) business days after the complainant becomes aware of the alleged violation. The complaint should contain the name and address of the person filing the complaint and a brief description of the alleged violations of the regulation.
3. Upon request, alternative means of filing complaints shall be made available for persons seeking such accommodation on the basis of a disability.  Complaints filed by alternative means must include the name, address, telephone number, email address, and brief description of the alleged violation including the date(s) and parties involved.
4. Complaints by state employees or applicants for state employment should refer to process set forth in RIOER’s Complaint Process and the State Equal Opportunity Office procedure.   Complaints relating to discrimination based on a disability in the provision of services may also be filed with the Governor’s Commission on Disabilities and in some cases the Rhode Island Commission for Human Rights.  In addition, the complainant may have other remedies, including those relating to federal agencies, such as the EEOC and the United State Department of Justice.  Notice of any complaint shall be given to the RIOER’s ADA Coordinator.  

Investigation and Report

1. An investigation, as may be appropriate, will follow the filing of a compliant.  The investigation will be conducted by the ADA Coordinator, or his/her designee, in consultation with other RIOER personnel, as warranted.  This procedure contemplates an informal but thorough investigation, afforded all interested person and their representatives, if any, an opportunity to submit evidence relevant to a complaint.  Mediation may be offered to the complainant at this level.
2. At the conclusion of the investigation, the ADA Coordinator shall prepare a report that will make a written determination as to the validity of the complaint and a description of the resolution, if any.  The ADA Coordinator will forward a copy of the report to the complainant within fifteen (15) business days of the complaint was received, unless further time is necessary, or the deadline is extended by all parties in writing.

Appeal

1. If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision to RIOER’s Commissioner within fifteen (15) business days after receipt of the report.
2. Within fifteen (15) business days after receipt of the appeal, RIOER’s Commissioner, or his/her designee, will investigate the complaint and respond in writing with a final determination and resolution of the complaint.
3. Alternative accessible formats shall be made available for person seeking an alternative means of communication as an accommodation.

Records

1.  The ADA Coordinator will maintain the files and records relating to the complaints filed.  Complaints will remain confidential except to the extent necessary to conduct a review of the facts and to the extent authorized by law.