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ADA Services
THE CITY OF AKRON, OHIO
COMPLAINT PROCEDURE FOR THE
AMERICANS WITH DISABILITIES ACT ("ADA") TITLEII
- COMPLAINTS; PRELIMINARY ACTION
- A person who believes that he/she is aggrieved by any
discriminatory conduct prohibited by the ADA (hereinafter referred to as the
"Complainant") may file a written complaint with the Office of Community
Relations within one hundred and twenty (120) calendar days from the date of the alleged
discriminatory conduct, providing the Complainant completes the complaint form(s) as
provided by the Assistant to the Mayor for Community Relations and ADA Coordinator. A
record of the complaint and actions taken will be maintained and updated as needed.
- The Assistant to the Mayor shall conduct or cause to be
conducted an investigation of the alleged discriminatory conduct and may attempt
resolution of the complaint by informal conciliation activity and actions between the
Complainant and the person alleged to have violated the ADA (hereinafter referred to as
the "Respondent").
- INVESTIGATION
The Assistant to the Mayor shall conduct or cause to be conducted an investigation of the
complaint and shall determine whether:
- There are reasonable grounds to believe that a
discriminatory violation of the ADA has occurred, in which case the Assistant to the Mayor
shall initiate the conciliation process or set forth n the next section; or
- There are reasonable grounds to believe that a
discriminatory violation of the ADA has not occurred, in which case the Assistant to the
Mayor shall dismiss the complaint by preparing a written notice of dismissal, including
the reasons therefore, and notify the parties of the dismissal" within five (5) days,
by serving a copy of the notice of dismissal by certified mail on the parties. A copy of
the notice shall also be filed in the records of the Assistant to the Mayor.
- CONCILIATION
If the Assistant to the Mayor has made a determination that there are reasonable grounds
to believe that a discriminatory violation of the ADA has occurred, the Assistant to the
Mayor shall:
- Notify the Complainant and Respondent of the time, place and
date of the conciliation conference at least ten (10) days prior thereto, and both parties
shall appear at the conciliation conference in person or by attorney: and
- Attempt to resolve the complaint by methods of conference
and conciliation with all interested parties and such representatives as the parties may
choose to assist them. Conciliation conferences shall be informal and nothing said or done
during such conference shall be made public unless the parties agree thereto in writing.
The terms of conciliation agreed to by the parties shall be reduced to writing and
incorporated into a consent agreement to be signed by both parties. The consent agreement
shall be filed in the records of the Assist to the Mayor, and shall be available to all
appropriate federal, state or local agencies or courts having competent jurisdiction.
- REMEDIES
This Complaint Procedure shall not prevent the City of Akron or any person from exercising
any right or seeking any remedy to which that person might otherwise be entitled or from
filing any complaint with any other agency or court of law or equity.
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