Title VI and ADA Discrimination Complaint Procedures

Introduction 

Ports of Indiana (POI) has established this Complaint of Discrimination procedure as a means of  review and resolution of allegations of discrimination based on race, color, national origin (including Limited English Proficiency), disability, sex, age, or religion, as set forth under Title VI of  the Civil Rights Act of 1964 and The Americans with Disabilities Act (ADA). Discrimination is  prohibited in any program or activity administered by POI or its sub-recipients, consultants,  and/or contractors, and retaliation or intimidation of any kind is also prohibited by law. The  procedures outlined below do not negate or limit the right of the complainant to file formal  complaints with other state or federal agencies. Any individual requiring this information in an  alternative format or language may contact POI at 800-232-PORT for assistance.  

Complaint Submission 

Any individual or group of individuals believing discrimination prohibited by Title VI and/or the  ADA to have occurred may file a formal complaint via email at TitleVIADA@portsofindiana.com, or by post to:

Ports of Indiana 

Director of Grants & Sustainability 

150 W Market Street, Ste 450 

Indianapolis, IN 46204

Complainants may use the complaint form found on the Ports of Indiana website, or send a letter with the following information included in the complaint:  

• Full name and address of complainant(s) 
• Date(s) of alleged discrimination 
• Full name(s), job title(s), and work address(es) of the accused parties, if known 
• Detailed description of the alleged act(s) of discrimination  
• The basis of the complaint (i.e. race, color, national origin, LEP, disability, sex, age, religion)
• Signature of complainant 

In cases where a complainant cannot provide a written complaint, assistance will be provided by  POI.  

Please note: Complaints must be made within 180 calendar days of the alleged occurrence.

Complaint Investigation

Upon receipt of a formal discrimination complaint, POI will pursue an investigation process  outlined in the steps below.  

1. The Director of Grants & Sustainability will notify the Port Director, Chief of Staff and Legal  Department of complaint.  
2. POI will issue a letter to complainant acknowledging receipt of complaint.
3. The accused parties will be notified that a complaint has been filed against them within 10  business days of complaint receipt. When applicable, the accused parties will be advised of the right to representation by an appropriate representative of their choice.
4. POI will conduct an internal fact-finding investigation to determine if there was a violation of Title VI or ADA.  
5. Barring extenuating circumstances outside of their control, POI will provide a resolution, if one is possible, within ninety (90) business days of receipt of the complaint and notify all involved parties in writing whether there was a violation of Title VI or ADA. This will include all investigation findings, as well as notification to the complainant of their right to appeal the results to the Chief Executive Officer (CEO). 
6. Should the complainant elect to appeal the decision, they must do so in writing to the CEO  within ten (10) business days after receipt of the complaint resolution. Failure to appeal  within this period shall be interpreted as acceptance of this resolution. 
7. The CEO will review the case to determine what, if any additional information is needed. If  additional information is required from the appellant, they will be provided with reasonable advance notice of a meeting and will be advised of their right to present  relevant information at that time. 
8. The CEO will render a written decision regarding the appeal, no later than thirty (30)  business days from the date of the filing of the appeal. This decision will be sent to all  parties involved.  

Decision by POI does not preclude the complainant from pursuing other means of resolution  under federal and/or state law. 

All records of complaints and dispositions shall be maintained and regularly reviewed by the  Director of Grants & Sustainability, who will pay particular attention to the detection of any  patterns in the nature of the complaints. All such records shall be retained on a strictly  confidential basis, except where disclosure is required by law.