Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) prohibit discrimination on the basis of disability by state or local government agencies and recipients of federal financial assistance.

It is the policy of the Hawai‘i Community Foundation (HCF) to ensure full compliance with federal and state nondiscrimination laws. HCF will not discriminate on the basis of race, color, national origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or gender identity), disability, mental disability, physical disability, medical condition, genetic information, marital status, veteran’s status, or age in any HCF programs, services, activities, policies, hiring practices, administration, or grantmaking.

HCF will also take reasonable steps to provide timely and meaningful access for Limited English Proficient Persons coming into contact with HCF’s programs, services, and activities, and HCF will provide free language assistance to such persons. For more information on language assistance, please see our Policy & Procedures for Communication with Persons with Limited English Proficiency and contact:

Lauren Santos, Civil Rights Compliance Coordinator
Hawai‘i Community Foundation
827 Fort Street Mall, Honolulu, HI 96813
(808) 566-5530
LSantos@hcf-hawaii.org

COMPLAINT AND COMPLIANCE REVIEW/GRIEVANCE PROCEDURE:

Any member of the public who believes he or she has been subjected to discrimination in the receipt of benefits and/or services from HCF on the basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) and wishes to file a complaint may do so following the steps below.

In addition, HCF’s Civil Rights Compliance Coordinator may, on her own initiative, undertake compliance reviews to investigate compliance of HCF departments with Title VI, the ADA, Section 504, and other federal and state civil rights laws in the absence of a complaint on a periodic basis. HCF is prohibited from retaliating against any member of the public who files a complaint under these procedures and any retaliation will be handled promptly if it occurs.

The complaint shall be in writing and contain information about the complainant and the alleged discrimination such as:

1. The name, address, and phone number of complainant;
2. The name of the HCF department and/or employee(s) against whom the complaint is filed;
3. The location, date, and description of the alleged violation; and
4. The signature of the complainant or his or her designee.

Please see the TITLE VI/504/ADA and Related Statutes Discrimination Complaint Form at the end of this Procedure.

If the complainant is unable to submit the complaint in writing, he or she may call the HCF Civil Rights Compliance Coordinator to submit a verbal complaint.

The complainant or his or her designee shall submit the complaint as soon as possible but no later than 180 calendar days after the alleged violation to:

Lauren Santos, Civil Rights Compliance Coordinator
Hawai‘i Community Foundation
827 Fort Street Mall, Honolulu, HI 96813
(808) 566-5505
LSantos@hcf-hawaii.org

If a complaint is submitted directly to any of the HCF offices or to an HCF staff member, the HCF office or staff member shall forward the complaint to the HCF Civil Rights Compliance Coordinator within 5 calendar days.

Within 10 calendar days after receipt of the complaint:

1. The HCF Civil Rights Compliance Coordinator will send the complainant an acknowledgment letter to confirm receipt of the complaint and inform her/him whether the complaint will be investigated. This letter will also inform the complainant of his/her right to file directly with the federal agency;
2. The HCF Civil Rights Compliance Coordinator will notify the HCF Chief Administrative Officer, request a response to the complaint from the department lead of the HCF department that is the subject of the complaint, and begin her investigation. The investigation may include interviews of the complainant, HCF employees, contractors, subcontractors, grantees, and witnesses to the alleged discrimination, as well as review of any physical or written evidence.

An appropriate, prompt, and impartial investigation of any allegations filed under federal and/or state non-discrimination statutes will be conducted. A preponderance of the evidence standard will be applied during the analysis of the complaint.

The HCF Civil Rights Compliance Coordinator may attempt to conciliate and resolve the complaint through a mutually agreeable solution. Any such informal resolution must be signed by the HCF Civil Rights Compliance Coordinator, the HCF Chief Administrative Officer, and the complainant. Absent extenuating circumstances, the HCF Civil Rights Compliance Coordinator will complete her investigation and resolution efforts within 30 days after beginning the investigation.

When the HCF Civil Rights Compliance Coordinator determines that discrimination has occurred, and an informal resolution is not reached, the HCF Civil Rights Compliance Coordinator shall determine any necessary remedial actions and order the complained-of HCF department to implement the accepted recommendations.

Absent extenuating circumstances, the HCF Civil Rights Compliance Coordinator will provide a written response to the complaint within 45 calendar days after beginning the investigation via one of three letters which will be signed by both the HCF Civil Rights Coordinator and the HCF Chief Administrative Officer:

1. A closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
2. A letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the HCF department about which the complaint was submitted; or
3. A letter of finding (LOF) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by HCF.

The HCF Civil Rights Compliance Coordinator shall maintain records of complaints received, informal resolutions, investigation findings and written responses. The HCF Civil Rights Compliance Coordinator shall document actions taken to resolve each complaint, communicate complaint activity to the appropriate federal agency as required, and maintain copies of complaints and documentation of their resolution for a period of not less than two (2) years.

The HCF Civil Rights Compliance Coordinator (through the HCF Chief Administrative Officer) shall furnish a report to the HCF Board of Governors at least annually regarding the number, nature, and status of complaints, if any.

These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law.

Submit Title VI/504/ADA and Related Statutes Discrimination Complaint Form