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Title VI Plan Requirements

Subrecipients are required to submit a Title VI Plan to the CRBRC that documents procedures used for complying with FHWA’s Title VI requirements. Subrecipients may create their Title VI Plan using CDOT’s Title VI template. Whether the subrecipient uses CDOT’s template or develops its own format for a Title VI Plan, it must contain the following:

(Click here for a printable version of these requirements)

Non-discrimination Policy Statement

A subrecipient must provide a statement of its commitment to non-discrimination and Title VI compliance that is signed by its top official and circulated throughout the organization and general public. The policy statement must define federal financial assistance and delineate specific forms of prohibited discrimination. For an example, click here for CDOT’s Nondiscrimination Policy.

Standard DOT Assurances

A Title VI Plan must include the USDOT’s Standard Title VI Assurance in which the subrecipient assures that its program will be conducted in a non-discriminatory manner. The Standard Assurance should have been included and signed with your agency’s intergovernmental agreement with CDOT.  The subrecipient must ensure that it has a copy of a signed Standard Assurance or executes one to be included in the plan.  The subrecipient is also responsible for ensuring that the applicable appendix of the Standard Assurance is included in each federally-assisted contract. 

Title VI Coordinator

The subrecipient must designate a Title VI Coordinator who is responsible for managing and monitoring Title VI compliance, providing reports to CDOT, and handling Title VI complaints.

Primary Program Area Descriptions

The Title VI Plan must describe the nature of the subrecipient's primary program areas and the way in which the subrecipient seeks to ensure non-discrimination in each area.  For example, a city’s public works department may have divisions for transportation planning and right of way services.  Each of these program areas has unique Title VI-related responsibilities to ensure non-discrimination.  For example, Planning must ensure equal access to the planning process and equal consideration of  the interest of minority populations and Right of Way must ensure equal treatment of minorities throughout the acquisition process.

Monitoring and Review Process

The subrecipient must develop procedures for identifying and addressing potential discrimination or discriminatory procedures within the agency. The Title VI Plan must include a description of how the subrecipient’s pertinent program areas are reviewed for Title VI compliance and outline procedures to eliminate and address discrimination and resolve deficiencies when non-compliance occurs. Subrecipients administering federal aid contracts are also required to monitor prime contractors and subcontractors for Title VI compliance.

Notice of Rights

Members of the public must be informed of their rights against discrimination under Title VI and how they can file a Title VI discrimination complaint. The Notice must be made available on the agency’s website and be posted in locations accessible to the public. For an example, click here for CDOT’s non-discrimination notice.  If more than five percent of the subrecipient’s population in its service area is limited English proficient (LEP), the notice must be translated into the applicable language of that population.

Complaint Procedures

Subrecipients must develop procedures for investigating and tracking Title VI discrimination complaints pursuant to 23 CFR 200.9(b)(3). The complaint procedures must be disseminated by the local agency internally and externally. At a minimum, the complaint procedures must posted on the subrecipient’s website. For an example, click here for CDOT’s complaint procedure.  If more than five percent of the subrecipient’s population in its service area is limited English proficient (LEP), the notice must be translated into the applicable language of that population.

Complaint Investigation and Tracking

Any complaints directly against the local agency and/or an employee of the local agency must be forwarded to CDOT for investigation.  Local agencies are required to investigate complaints against its subrecipients, contractors, consultants, and anyone else acting on its behalf. Such complaints must be investigated within 60 days of receipt and a final investigative report must be submitted to CDOT for review. Complaints must be investigated by someone knowledgeable in Title VI and discrimination investigations. Contact CDOT’s Civil Rights & Business Resource Center if your agency does not have anyone qualified to investigate complaints or if a conflict of interest may exist.

Data Collection and Analysis

The subrecipient is required to develop procedures for the collection of statistical data (race, color, sex, and national origin) of participants in, and beneficiaries of the subrecipient's programs. See 23 CFR 200.9(b)(4). Collecting data helps identify and prioritize problem areas and evaluate the effectiveness of policies and programs to ensure non-discrimination. The Title VI Plan must describe how the subrecipient plans to collect Title VI-related data on an on-going basis. For example, the subrecipient may collect data such as meeting attendees, board member demographics, persons affected by acquisitions and relocations, impacted communities, etc. Results of the analysis should be reported on a yearly basis in the Annual Goals and Accomplishments Report.

Public Participation

The Title VI Plan must describe procedures for eliciting and soliciting participation by minority communities. The Title VI Plan must identify how the subrecipient communicates with and conducts outreach to minority and limited-English proficient (LEP) individuals. The process must address how input from minority populations is considered during agency decision-making.

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