Title VI Notice to the Public (3/14/2022)
Title VI Policy Statement
Indiana’s Department of Transportation (INDOT) shall comply with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000d et seq., 49 CFR part 21, and all related regulations and directives. INDOT assures that no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under any INDOT program, activity, or service. Anyone believing that he or she has been discriminated against based on the foregoing shall have the right to file a complaint with INDOT within one hundred and eighty (180) days of the date of the alleged discriminatory activity. For more information on INDOT’s civil rights program and the procedures to file a complaint, please contact the INDOT Title VI Program Manager by phone at 317-234-2115; by email at accesforall@indot.in.gov; or visit our administrative office at 100 North Senate Avenue, Indianapolis, Indiana 46204 during regular working hours. A complaint may also be filed directly with the FTA, Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590.
This Title VI Notice to the public is available:
- On the INDOT website at the Transit Civil Rights page at: https://www.in.gov/indot/multimodal/transit/transit-related-civil-rights/
- INDOT Central Office
- INDOT District Offices
- Upon request
Environmental Justice/Limited English Proficiency Policy Statement
INDOT assures that every effort will be made to prevent the discrimination of low-income and minority populations as a result of any impact of its programs or activities in accordance with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and in Low-Income Populations. INDOT assures every effort will be made to provide meaningful access to persons that have Limited English Proficiency (LEP), in accordance with Executive Order 13166, “Improving Access to Services for Persons with
Limited English Proficiency.”
Specific Forms of Discrimination Prohibited
INDOT's efforts to prevent discrimination shall address, but are not limited to:
- The denial of services, financial aid, or other benefits provided under a program.
- Distinctions in the quality, quantity, or manner in which the benefit is provided.
- Segregation or separation in any part of the program.
- Restriction in the enjoyment of any advantages, privileges, or other benefits provided to others.
- Different standards or requirements for participation.
- Methods of administration which directly or indirectly or through contractual relationships would defeat or impair the accomplishment of effective nondiscrimination.
- Discrimination in any activities related to any infrastructure or facility built or repaired in whole or in part with Federal funds.
- Discrimination in any employment resulting from a program, the primary purpose of which is to provide employment.
INDOT Programs and Services Covered by Title VI
INDOT's Title VI Plan applies to all the INDOT’s programs, activities, and services, regardless of funding source.
See Title VI Policy Statement in the INDOT Title VI Implementation Plan at
Title VI Complaint Procedures
INDOT values each individual’s civil rights and wishes to provide equal opportunity and equitable service for the citizens of this state. As a recipient of federal funds, INDOT is required to conform to Title VI of the Civil Rights Act of 1964 (Title VI) and all related statutes, regulations, and directives, which provide that no person shall be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance from the U.S. Department of Transportation (DOT) on the grounds of race, color or national origin.
How to File a Complaint or Grievance of Discrimination
Complaints may be filed by any person who believes that they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any INDOT service, program, or activity whether federally funded or not, based on their race, color, or national origin. A complaint may also be filed by a representative on behalf of such a person. The signed complaint must be filed within 180 days of the date of the alleged discrimination. INDOT will promptly investigate all properly submitted complaints of alleged discrimination.
INDOT will acknowledge receipt of your complaint within 10 days and will endeavor to investigate and resolve the complaint within 60 days.
Complaints may be filed using any one of the following methods:
- Print a Title VI Complaint Form, complete, sign, date and return the form to Chris Serak, Title VI Program Manager and Title VI Coordinator, INDOT, 100 N. Senate, N755, Indianapolis, IN 46204.
- Complete the online Complaint Form.
- Write out the complaint in your own words and include:
- Your name, address and telephone number. If you are filing a complaint on behalf of another person, include their name, address, telephone number and your relationship to that person.
- The name and address of the person, company, agency, institution, or department you believe discriminated against you.
- A description of how, why and when you believe you were discriminated against. Include as much detail and information as possible about the alleged acts of discrimination.
- The names of any persons that can be contacted for additional information to support or clarify your allegations.
Our grievance form is also available in Spanish, English and Burmese.
Assistance in Filing your Complaint
In accordance with the Americans with Disabilities Act (ADA) and with advance notice, INDOT will provide accommodations for persons with disabilities requiring auxiliary aids including but not limited to sign language interpretation, alternative format documents and other ADA supportive services. If you require assistance completing this form you may contact Chris Serak at 317-234-2115 or email ChSerak@indot.in.gov.
Should additional accommodation be required such as Braille or a large print document please contact Chris Serak, INDOT Office of Public Involvement at 317-448-6718 or email ChSerak@indot.in.gov. In addition, and in accordance with Title VI of the Civil Rights Act of 1964, INDOT will provide accommodations for persons of Limited English Proficiency (LEP) requiring auxiliary aids and/or supportive services including but not limited to in-person language interpretation, alternative format documents and other services as needed. Should accommodation be required please contact Chris Serak, Office of Public Involvement at 317-448-6718, or email ChSerak@indot.in.gov.
Elements of Complete Complaints
A complaint must be both written and signed to be complete. Verbal complaints must be reduced to writing and provided to the Complainant for confirmation, review and signature before processing.
Additionally, a complaint must include the following information:
- The full name and address of the Complainant;
- The full name and address of the Respondent (the individual, agency, department or program that allegedly discriminated against Complainant); and
- A description of the alleged discriminatory act(s) that violated Title VI (i.e., an act of intentional discrimination or one that has the effect of discriminating on the basis of race, color, or national origin) and the date of occurrence.
The Title VI Program Manager shall notify the Complainant in writing if his or her complaint is incomplete and allot 15 calendar days for the Complainant to respond and provide the supplemental information needed to complete the complaint.
Processing Complaints
The Title VI Program Manager will process all complaints. The Title VI Program Manager is responsible for:
- Maintaining a log of all complaints. The Title VI Program Manager will note the complaint in the log by sequential case number based on the year, month and order in which INDOT received the complaint. For example, if INDOT received its first complaint on March 4, 2021, the case number would be 2021-03-04.
- Acknowledging receipt of the complaint and informing the Complainant of the action taken or proposed action to be taken to process the complaint in the form of an acknowledgement letter. The acknowledgement letter shall include a restatement of the complaint, brief statement of INDOT’s jurisdiction over the sub-recipient, and contact information for the investigator assigned to conduct the investigation.
- Investigating the complaint.
- Drafting a Letter of Findings (LOF). The LOF shall be issued at the conclusion of the investigation, typically within 60 days of the date on which the complaint was filed. The LOF will include the following:
- A summary of the written complaint;
- A brief description of the standard of review/methodology used to investigate the complaint;
- Findings of fact and an analysis of the evidence gathered. The analysis should address each allegation in the complaint and Respondent’s position;
- A determination, based on the preponderance of evidence presented, of whether the complaint is substantiated or unsubstantiated;
- Proposed corrective action for substantiated cases; and
- A right to appeal to INDOT in the case that the Complainant is not satisfied with the result of the investigation.
Corrective Action
If INDOT recommends corrective action, INDOT will give the Respondent 30 calendar days to inform INDOT of the actions taken for compliance. The Title VI Program Manager shall monitor Respondent’s corrective action compliance.
Corrective action may include actions that the Respondent will complete at a future date after the initial 30 days and must include projected time in which the Respondent will complete the action.
If the Respondent has not taken the recommended corrective action within the 30-day period allowed, INDOT will find the Respondent to be in noncompliance with Title VI and its implementing regulations. Noncompliance not corrected by informal means as described above may be subject to sanctions as per 49 CFR § 21.13.
Pre-Investigative/Administrative Closures
It is the general practice of INDOT to investigate all complete complaints not referred to other agencies for investigation; however, INDOT may administratively close a complaint at its discretion. The types of complaints that may be administratively closed and will not be investigated include, but are not limited to, the following:
- Incomplete Complaints
- Complaints that fail to state a claim or provide any substantial or coherent claim;
- Complaints that are outside the scope of INDOT’s Title VI jurisdiction;
- Untimely complaints filed more than 180 days after the alleged discriminatory acts;
- Complaints voluntarily withdrawn by the Complainant;
- Complaints in which the investigation has been impaired by INDOT’s inability to locate the Complainant;
- Complaints that are a continuation of a pattern of previously filed complaints involving the same or similar allegations against the same recipient or other recipients that repeatedly have been found factually or legally unsubstantiated by INDOT;
- Complaints containing the same allegations and issues that have been addressed in a recently closed complaint or compliance review conducted by INDOT;
- Complaints containing allegations that are foreclosed by previous decisions by the Federal courts, Department of Justice or INDOT policy determinations;
- Complaints filed for complainants or parties who refuse to cooperate with the investigation and whose lack of cooperation substantially impairs the completion of the investigation. In such circumstances, the Complainant should be contacted and advised that their lack of cooperation has hindered the investigation. Furthermore, the Complainant must be advised that continued failure to cooperate may result in an administrative closure of the complaint without further investigation; and
- Complaints where the death of a Complainant makes it impossible to investigate the allegations fully or the death of the Complainant forecloses the possibility of relief because the complaint involved potential relief solely for the Complainant or injured party.
INDOT shall notify Complainants in writing via certified mail when a determination is made to administratively close a case without further investigation. The notification shall include an explanation of the basis for the administrative closure.
Appeals Procedures
The Complainant has the right to appeal to INDOT any complaint determination within 30 days of the issuance of the original determination. Such an appeal must be in writing and must describe the basis for the appeal. On receiving notice of a Complainant’s exercise of their right to appeal, a person or panel of persons not involved with making the original determination shall review the original complaint determination and make a Letter of Finding in response to the appeal.
Confidentiality
In accordance with DOT Order 1000.12, INDOT shall keep all complainants' identities confidential except to the extent necessary for carrying out an investigation. If an investigator determines that it is necessary to disclose the Complainant’s identity to the Respondent or a third party the investigator must first obtain Complainant’s written permission.
Records
INDOT’s Title VI Program Manager shall maintain all records of an investigation in a confidential area for three years after the completion of the investigation
- 408-Translation Request Form (ARABIC)
- Title VI Nondiscrimination Policy Statement (ARABIC)
- Section 504 Notice (ARABIC)
- 408-Translation Request Form (BURMESE)
- Title VI Nondiscrimination Policy Statement (BURMESE)
- Section 504 Notice (BURMESE)
- 408-Translation Request Form (CHINESE)
- Title VI Nondiscrimination Policy Statement (CHINESE)
- Section 504 Notice (CHINESE)
- 408-Translation Request Form (GERMAN)
- Title VI Nondiscrimination Policy Statement (GERMAN)
- Section 504 Notice (GERMAN)
- 408-Translation Request Form (ENGLISH)
- Title VI Nondiscrimination Policy Statement (ENGLISH)
- Section 504 Notice (ENGLISH)
- 408-Translation Request Form (SPANISH)
- Title VI Nondiscrimination Policy Statement (SPANISH)
- Section 504 Notice (SPANISH)