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MONTANA SFMNP CIVIL RIGHTS TRAINING 1 2016
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ASSURANCES To qualify for Federal financial assistance, an application must include a written assurance in all agreements between State and local agencies that the program will be operated in a non-discriminatory manner. USDA is responsible for monitoring State agencies and state agencies are responsible for reviewing, approving, and monitoring subrecipient’s local agency agreements. 2
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PUBLIC NOTIFICATION All materials must contain the non-discrimination statement that no person will be denied program benefits on the grounds of race, color, national origin, age, sex, or disability. Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program related information. 3
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PURPOSE: All local agencies must comply with USDA regulations on nondiscrimination and the following requirements: 4
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NO PERSON CAN BE DENIED BENEFITS BASED ON: Race Color National Origin Age Sex Disability 5
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RACIAL – ETHNIC GROUPS Ethnicity: Hispanic or Latino Not Hispanic or Latino Race: White American Indian or Alaskan Native Black or African American Asian Native Hawaiian or other Pacific Islander 6
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RACE, COLOR, NATIONAL ORIGIN Title VI and VII of the Civil Rights Act, 1964 7
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RACIAL AND ETHNIC DATA IS COLLECTED BY EACH LOCAL AGENCY DURING THE APPLICATION PROCESS The State must request this data in case it is needed by the Federal Government. 8
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IDENTIFICATION: RACE refers to a biological subspecies consisting of a more or less distinct population with anatomical traits that distinguish it clearly from other races ETHNICITY refers to selected cultural or heritage characteristics used to classify people into groups or categories considered to be significantly different from others. 9
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RACE VERSUS ETHNICITY Ethnic groups are not races, since ethnicity can be more precisely defined than race. Membership in an ethnic group does not relate a person necessarily to a particular territory in the way that nationality does. Ethnicity can cut across racial categories. Hispanics may be any combination of Native American, European, African and Asian races. 10
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IDENTIFICATION: Self-identification is the preferred means of obtaining information about an individual’s race and ethnicity Staff will determine race and ethnicity based on visual observation if the applicant fails to respond. 11
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IDENTIFICATION: You must CLEARLY explain that the information is only for statistical use by USDA and WILL NOT be used for any other purpose It has NO effect on eligibility 12
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RECORDS Records with racial/ethnic data include such things as participant applications Records must be kept for 3 years after close-out of the federal fiscal year in which the client was terminated Safeguards must be maintained that prevent the use of this information for discriminatory purposes 13
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NON-DISCRIMINATION STATEMENT Full Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. (Continued) 14
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NON-DISCRIMINATION STATEMENT (Continued) To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) Fax: (202) 690-7442; or (3) Email: program.intake@usda.gov. This institution is an equal opportunity provider. 15
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NON-DISCRIMINATION STATEMENT Found on the SFMNP application form and participant handout MUST be read to or read by each participant or authorized representative MUST be signed by participant or authorized representative / proxy 16
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EXAMPLES OF DISCRIMINATION: Exclusion of eligible persons based on race, color, national origin, age, sex, or disability Inequitable service or allocation of coupons/food based on the above Issuance of coupons in a place, time, or manner that results in denying or limiting benefits to a specific group 17
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EXAMPLES OF DISCRIMINATION CONTINUED : Segregation of persons in waiting rooms or by the way they are scheduled Failure to apply the same eligibility criteria to all potentially eligible persons Certification of potentially eligible persons based solely on race, color, national origin, age, sex, or disability Maintaining waiting lists based on the above criteria 18
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RIGHT TO FILE A COMPLAINT Any person alleging discrimination on the basis of race, etc. can file a complaint within 180 days of the alleged discriminatory action 19
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ALL CIVIL RIGHTS COMPLAINTS WILL BE ACCEPTED: Written Oral Anonymous 20
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WHAT TO DO Notify the SFMNP Coordinator immediately Provide forms for written complaints OR Take detailed notes of oral complaints Complaints must be reported immediately Send reports to: USDA, Department of Agriculture,Office of Assistant Secretary for Civil Rights,1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442, or email at program.intake@usda.gov. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.) should contact USDA through the Federal Relay Service at (800) 877-8339; and to the SFMNP Coordinator. 21
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COMPLAINT REQUIREMENTS Name, address, and telephone number or other means of contacting the person alleging discrimination, (Complainant). Location and name of the organization or office accused of discrimination practices, (Respondent). Nature of the incident, action of the program leading the person to allege discrimination. Reason for the alleged discrimination, including which protected class was allegedly violated (i.e. age, race, color, national origin, sex, disability. ) 22
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MORE COMPLAINT REQUIREMENTS Names, titles, and addresses of persons who may have knowledge of the alleged discriminatory act. Dates on which the alleged discriminatory act occurred. Any receipt of a civil rights complaint will be acknowledged, within 5 days of receipt, with an explanation to the complainant of the action planned. Civil Rights complaints will be forwarded immediately to the address on the Civil Rights “And Justice for All” poster. 23
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COMPLIANCE Programs and farmers will be reviewed for compliance Compliance reviews will be bi-annual in each area Reviews will be conducted by State Agency staff 24
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NON-COMPLIANCE Complaints handled according to DPHHS procedures Sanctions against the program or farmer, including contract cancellation, are possible Programs and farmers have the right to appeal any sanctions imposed, including disqualification, but not the expiration of the contract 25
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LANGUAGE ASSISTANCE The State and local agency have the responsibility to provide and pay for an interpreter upon request to a hearing impaired applicant. The State and local agency must assist all limited English proficient applicants in signing up for the program. Assistance is also required for all sight impaired applicants. 26
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REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES Agencies should ensure access for people with disabilities (e.g. parking lots, entrances and exits, halls, elevators, restrooms, and service animals) or alternative arrangements for service. You do not have to alter your building, but if it is not accessible for a person to come in, then someone may take the paperwork to the client. Help with completing paperwork (reading the materials, marking signature lines) The State’s TTY number is (800) 833-8503 27
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CONFLICT RESOLUTION Remain calm and explain the situation Get help, especially if threats are made or if violence is possible Use alternative dispute resolution (ADR) techniques. More information can be found at: http://www.fns.usda.gov/cr/adr.htm. 28
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CUSTOMER SERVICE Guidelines to assist you in providing superior service to your clients: Be patient Be polite Avoid sarcasm Be empathetic Make people feel welcome and valued – smile when appropriate Explain policies and let individuals know that there are consequences if policies are not adhered to Don’t be afraid to apologize Don’t feel you need to have the last word 29
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