Library: Policy
340:105-12-30. Grievance procedures
Revised 9-15-2023
(a) General. Senior Community Service Employment Program (SCSEP) sub-grantee employees, participants, and applicants are provided the opportunity to make complaints involving alleged violations of federal law or SCSEP operating procedures to the sub-grantee and Oklahoma Human Services (OKDHS) Community Living, Aging and Protective Services (CAP). SCSEP grievance policy is based on the principle that, when possible, complaints are resolved at the lowest level. This policy includes three components described as requirements of, and actions taken by:
(1) CAP as the grantee;
(2) sub-grantees; and
(3) the United States (U.S.) Department of Labor (DOL).
(b) Sub-grantee requirements and actions. All sub-grantee employees, participants, and applicants are informed of their rights to file complaints directly with the sub-grantee and OKDHS CAP, and their appeal rights.
(1) Sub-grantees have written grievance procedures, compliant with this policy, for complaint resolution that are used to resolve SCSEP employees, participants, and applicant grievances.
(2) Procedures are consistently and fairly applied. Complaints are addressed timely.
(3) Sub-grantee procedures provide a definition of grievance, specify any complaints that do not constitute a grievance under its procedures, and include an appeals process.
(4) A copy of the grievance procedures is included in the participant handbook and receipt of these procedures is documented with the Participant Handbook Acknowledgement.
(5) Sub-grantee grievance procedures include (A) and (B) of this paragraph.
(A) Informal meeting. The grievant is given an opportunity to meet with the SCSEP project coordinator, immediate supervisor, or other appropriate sub-grantee-designated personnel to present the grievance informally to resolve the problem. The grievant presents the complaint within 30-calendar days of the incident or occurrence.
(i) An informal meeting is scheduled and conducted with the parties within 15-calendar days of receipt of the complaint. Proceedings are documented in writing and copies are submitted to both parties.
(ii) A supervisor, coordinator, or designated personnel provides a written grievance response to participants within 10-calendar days of the informal meeting.
(iii) The written response advises the grievant that if he or she is not satisfied with the informal meeting decision, he or she has the right to appeal it in writing to the sub-grantee's executive director within five-calendar days.
(iv) The sub-grantee's executive director's contact information is provided to the grievant with the written response to the informal meeting.
(B) Formal meeting. When the informal meeting does not resolve the issue, a formal process is followed. The formal meeting must occur within 15-calendar days after the receipt of the grievant's written appeal.
(6) Procedure requirements for implementing this Section are that the:
(A) grievance is presented in writing to the sub-grantee's executive director. The sub-grantee documents the receipt of a written grievance. Copies of written statements relevant to the grievance are made available to both parties;
(B) sub-grantee's executive director, or a panel designated by the executive director, such as the board of directors, hear from representatives of each party. Minutes are made of the hearing;
(C) sub-grantee's executive director or grievance panel render a decision and submit it in writing to the parties involved within 15-calendar days of the formal meeting by certified mail;
(D) minutes, along with written statements and other documentation presented at the hearing, are maintained in the sub-grantee's files for at least five years after the final disposition of the grievance; and
(E) decision of the sub-grantee's executive director or panel may be appealed to CAP.
(c) Time limit for resolution of sub-grantee level grievance resolution. Sub-grantee level grievances are resolved within 60-calendar days of the sub-grantee receiving the complaint.
(d) Filing grievances directly to OKDHS CAP and sub-grantee grievance resolution appeals to OKDHS CAP. Grievances filed directly to OKDHS CAP or sub-grantee grievance resolution appeals are in accordance with OKDHS per Oklahoma Administrative Code 340:2-5-43 and 340:2-5-44.
(e) U.S. DOL requirements and actions. Grievants, who are dissatisfied with CAP grievance resolution and appeals process results, may appeal to DOL. Per Section 641.910(b) of Title 20 Part 641 of the Code of Federal Regulations, DOL does not review final determinations made under OKDHS CAP SCSEP grievance procedures, except to determine if procedures were followed or to review alleged federal law investigation violations other than those related to nondiscrimination requirements of Title VI of the Civil Rights Act of 1964; Rehabilitation Act of 1974 § 504; Workforce Investment Act of 1998 § 188, or their implementing regulations. When a participant is not satisfied with the final grievance determination and the alleged violation does not relate to the Civil Rights Act, he or she may file an appeal within 30 days of the determination. Appeals are directed to Director, Division of National Programs, Tools & Technical Assistance, Employment and Training Administration, U.S. Department of Labor 200 Constitution Avenue NW, Washington DC 20210.
(f) Civil Rights Act or Rehabilitation Act questions or complaints. Questions about, or complaints alleging a violation of, the administrative requirements of Title VI of the Civil Rights Act of 1964; the Rehabilitation Act of 1974 § 504; or their implementing regulations are directed or mailed to the Director, Civil Rights Center, U.S. Department of Labor, Room N-4123, 200 Constitution Avenue, NW., Washington, DC 20210.
