Policies and Prodecures

Nondiscrimination of Services Policy

The Family Violence Center at Arizona State University’s Arizona Child and Adolescent Survivor Initiative (ACASI) provides services to victims of crime, specifically victims who have lost a parent to intimate partner homicide (IPH). ACASI also provides services to the caregivers of IPH survivors.

 ACASI does not discriminate based on any protected status: race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, and gender identity in the delivery of services. These activities include but are not limited to the selection of volunteers and vendors and the provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, and vendors. This policy is in compliance with:

  • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in the delivery of services (42 U.S.C. § 2000d) and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C and D;
  • Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (29 U.S.C. § 794) and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G;
  • Title IX of the Education Amendments of 1972, which prohibit discrimination on the basis of sex in educational programs (20 U.S.C. § 1681) and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D; 28 C.F.R. Part 54;
  • The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services (42 U.S.C. § 6102) and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart I.
  • The Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in the delivery of services and employment practices (34 U.S.C. § 10228(c)) and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D;
  • Section 1407(e) of the Victims of Crime Act of 1984, which prohibits discrimination on the basis of race, color, national origin, religion, handicap or sex in the delivery of services and employment practices (34 U.S.C. § 20110(e)) and the DOJ implementing regulations at 28 C.F.R. Part 94, Subpart B;
  • Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (42 U.S.C. § 12132), and the DOJ implementing regulations at 28 C.F.R. Part 35;
  • The DOJ regulations on Partnerships with Faith-Based and Other Neighborhood Organizations, which ensures that faith-based or religious organizations are able to participate in such programs on an equal basis with other organizations and prohibits organizations from using DOJ funding on explicitly religious activities. The regulation also allows beneficiaries to request an alternative provider if they object to the religious character of a service provider (28 C.F.R. Part 38) and Executive Order 13279, as amended by Executive Order 13559.
  • State of Arizona Executive Order 2009-09, which prohibits discrimination in state contracts and mandates nondiscrimination in employment by government contractors and subcontractors. These laws prohibit agencies from retaliating against an individual for taking action or participating in the action to secure rights protected by these laws.

Making a Report

Any person who believes they have been discriminated against based on race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, and/or gender identity may file a report by following the procedures outlined below.

  1. A report of a potential violation of the policies covered by this procedure may be made verbally or in writing but the person to whom the report is made shall document it with as much information as possible. If the report is not made directly to the Office of University Rights and Responsibilities or the Title IX Coordinator, then the person to whom the report is made shall notify the Office of University Rights and Responsibilities or Title IX Coordinator of the report.
  2. The University shall respond, to the extent possible, to reports of potential violations made anonymously or by third parties not directly involved in the alleged violation. However, the response to such reports may be limited if the information contained in the report cannot be verified. Anonymous or third-party reports of potential violations may be addressed through an informal resolution process.
  3. Reports of violations are strongly encouraged to be in writing, setting forth as much information as possible, including: (A) The full name and contact information of the reporting or complaining party; (B) The name of the individual(s) alleged to have violated policy; and (C) A clear and concise statement of the facts that constitute the alleged violation, including dates and sufficient information to identify any other individuals who may provide information during the course of an investigation.
  4. If the Office of University Rights and Responsibilities determines that the report does not allege possible policy violations or that the information provided indicates that further investigation could not result in a finding of a violation, the Office of University Rights and Responsibilities will, where appropriate, refer the matter to the appropriate unit or department to address any employee relations issues. If such a determination is made the Office of University Rights and Responsibilities shall notify the reporting individual of the referral and will facilitate contact with the appropriate university representative in the unit or department. Ordinarily, the assessment will be concluded within 7 business days of the date the report was filed. If it is determined that possible policy violations have been alleged or that the information provided by the reporting individual indicates that further investigation may result in a finding of policy violation then the report will be accepted as a report. The Office of University Rights and Responsibilities and Title IX Coordinator will always initiate an investigation into a report of sexual harassment or Title IX Sexual Harassment as specified in Section D

Investigative Process

Any person who believes they have been discriminated against based on race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, and/or gender identity may file a report by following the procedures outlined below.

  1. Investigations shall be conducted by the Title IX Coordinator or the Office of University Rights and Responsibilities, or by a designee of the Office of General Counsel.

  2. The Office of University Rights and Responsibilities will provide the parties with written information on supportive services available at the university and in the community. The complainant will be provided information on how to file a formal complaint of Title IX sexual harassment in cases involving matters that could fall within the definition of Title IX sexual harassment. The complainant will be provided supportive measures whether or not they decide to file a formal complaint.

  3. An initial review consisting of contacting at least the reporting party, complainant, and when necessary the respondent will be completed within 10 business days from the date the initial review begins. Based on that review, the Office of University Rights and Responsibilities may recommend to the appropriate university designee that, regardless of whether or not a policy violation was to be found, education/training would be the most appropriate resolution. If the appropriate university designee concurs with that recommendation, the Office of University of Rights and Responsibilities will provide notice to all relevant parties that education/training will be provided and the investigation will be concluded.

  4. Unless the report is resolved during the initial review described in Section D.2, a notice of investigation will be provided to the parties. All parties will be given the opportunity to provide information and respond. Additional notice may be provided to individuals with a legitimate need to know, including appropriate administrators including Deans, Directors, Academic or Administrative Unit Heads or Vice Presidents, who may have an obligation to monitor the environment to ensure that retaliatory action does not occur during or after the investigative process.

  5. In cases involving allegations of dating violence, domestic violence, sexual assault, or stalking, the parties will be given timely notice of meetings taking place as well as access to information that will be used during any hearings. Parties may be accompanied by an advisor of their choice to meetings. During the investigation process, the advisor can provide support, guidance, and advice but the advisor is not an active participant in the meeting. If the investigation results in disciplinary action for which there is a hearing process, the right to an advisor shall be as set forth in that hearing process.

  6. An investigation may include, as needed, the gathering of information, including interviews with individuals who may have information concerning the allegations as set forth in the report and gathering and review of documents as appropriate. At any time during the investigation, the investigator or the Title IX Coordinator may recommend that interim protections or remedies be provided by appropriate university officials. Failure to comply with the terms of interim protections may be considered a separate violation of ACD 401. The investigation shall be completed as promptly as possible, and in most cases, within 90 calendar days of the date, the investigation is initiated. If more time is necessary to complete an investigation, then the investigator shall notify the relevant parties. In the event that there is a simultaneous criminal investigation, the investigator will coordinate with law enforcement and determine what, if any, delay is appropriate.

Informal Resolution

The Office of University Rights and Responsibilities will determine when informal resolution may be appropriate. The informal resolution process will not be used for reports of sexual harassment or Title IX sexual harassment.

Individuals making reports of policy violations may wish to resolve the matter through an informal process or reach a resolution through alternatives to the investigative process. The goal of an informal resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Informal resolution is an option when the parties desire to resolve the situation cooperatively.

Means for informal resolution shall be flexible and encompass a full range of possible appropriate outcomes. Informal resolution includes options such as facilitating an agreement between the parties, separating the parties, referring the parties to counseling programs, imposing appropriate remedial action as determined by the university, conducting targeted educational and training programs, and providing remedies for the individual harmed by the policy violation. Informal resolution efforts, including any mutually agreed upon outcome, shall be documented.

If a mutually acceptable solution cannot be reached through the informal resolution process, an investigation through the appropriate office will continue to proceed.

Reviews of Findings of Violations of Covered Policies

1. Upon the completion of the investigation, the investigator shall prepare a written report summarizing the factual information gathered. Where there are areas of factual dispute, the report shall describe those areas and the evidence supporting each position in that dispute, and, where relevant, evaluate the credibility of witnesses.

2. A copy of the written report shall be provided to the appropriate university designee. If the matter involves claims of sex discrimination and/or retaliation related to a sex discrimination claim, a copy will also be provided to the Title IX Coordinator.

3. The appropriate university designee will evaluate the findings, request additional information as needed, and make a determination regarding whether a policy violation

has occurred. If the matter involves allegations of sex discrimination and/or retaliation related to a sex discrimination claim, the Title IX Coordinator will provide input to the appropriate university designee prior to their issuing the final determination.

4. The appropriate university designee is either the University Provost; the Executive Vice President, Treasurer and Chief Financial Officer; the Senior Vice President for Educational Outreach and Student Services; the Executive Vice President, ASU Knowledge Enterprise; the Chief of Staff, Office of the President; or their designee. The appropriate university designee shall provide their determination to the complainant, the party accused of violating the policy, the appropriate university administrator, and the Office of University Rights and Responsibilities. In cases involving claims of sex discrimination and/or retaliation related to a sex discrimination claim, a copy will also be provided to the Title IX Coordinator. The determination is final.

5. Disciplinary action will be issued under the applicable procedure for the employment classification of the employee who has been found to have violated covered policies, i.e. for faculty, at ABOR 6-201.J. and L.; for administrators, at ABOR 6-101.H., for academic professional staff, at ABOR 6-302.G. and I., or ACD 508-03; university staff, at SPP 301, SPP 801, SPP 808; and for classified staff, at SPP 809; and, at SPP 901.

II. Records Retention

The written report and referenced exhibits developed or created as a result of an investigation shall be retained by the Office of University Rights and Responsibilities for the length of the employee’s term of employment and for a period of 5 years from the time of separation of employment by the employee. All other related documents, materials, and records shall be destroyed in accordance with the records retention policy.

A complainant dissatisfied with the Arizona State University Office of Rights and Responsibilities may file a complaint with the Arizona Department of Public Safety/ Victims of Crime Act Civil Rights Coordinator (DPS VOCA Administration – MD3915, Attn: Civil Rights Coordinator, P.O. Box 6638, Phoenix, AZ 85005-6638 or vocacivilrights@azdps.gov. The AZ DPS Civil Rights Coordinator shall: Refer the complaint to the Arizona Attorney General’s Office (AGO), Civil Rights Division or the Office for Civil Rights (OCR), Office of Justice Programs, U.S. Department of Justice. Provide written acknowledgment of the complaint to the complainant with an explanation of the DPS VOCA process, and provide the name and contact information for the agency to which the complaint has been referred for investigation, and

Notify the complainant that he/she may file a complaint directly with the OCR at the following address: Office for Civil Rights; Office of Justice Programs; U.S. Department of Justice; 810 Seventh Street NW; Washington, DC 20531. Complaints may also be filed with the Arizona Attorney General’s Office or the Office for Civil Rights, Office of Justice Program, U.S. Department of Justice.

 

ACASI’s Limited English Proficiency Direct Service Provision Policy

ACASI will take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access and an equal opportunity to participate in our services, activities, programs and other benefits. The policy of ACASI is to ensure meaningful communication with LEP project participants/beneficiaries/clients (hence referred to as ACASI client) and potential clients of ACASI and their authorized representatives involving their ACASI services. The policy also provides for communication of information contained in vital documents, including but not limited to: waivers of rights, consent to services forms, and victims’ compensation and victims’ rights information. All interpreters, translators and other aids needed to comply with this policy shall be provided without cost to the ACASI client, and beneficiaries/clients and their families will be informed of the availability of such assistance free of charge. To ensure accuracy and to protect the confidentiality of children and other clients/patients/residents/mentors, the ACASI staff will not use these subjects for language translation/interpretation. Language assistance will be provided through use of competent bilingual staff, staff interpreters, or contractual arrangements with local interpretation or translation services, and/or technological and telephonic interpretation services. All staff will be provided notice of this policy and procedure. Staff that may have direct contact with LEP individuals will be trained in effective communication techniques, including the effective use of an interpreter.

 ACASI will conduct a regular review of the language access needs of our patient population, as well as update and monitor the implementation of this policy and these procedures, as necessary.

 

PROCEDURES:

IDENTIFYING LEP PERSONS AND THEIR LANGUAGE

ACASI will promptly identify the language and communication needs of the LEP person. If necessary, staff will use a language identification card (or “I speak cards,” available online at Download “I Speak Cards,”) available in 38 languages to assist LEP individuals to identify the language they speak.

 

OBTAINING A QUALIFIED INTEPRETER

The Family Violence Center Director, 602-496-1327 is responsible for:

 (a) Maintaining an accurate and current list showing the names, languages, phone numbers, and hours of availability of bilingual staff;

 (b) Contacting the appropriate, qualified, available bilingual staff member to interpret, in the event that an interpreter is needed;

 (c) Obtaining an outside interpreter if a bilingual staff member or staff interpreter is not available or does not speak the needed language.

 

Arizona State University has a contract with Language Line Solutions/Fluent Language Services to provide services 24/7 at the approved Arizona state rate. Language Line offers translation services through the following methods:

  • Phone
  • Video remote
  • On-site
  • Written translation

To access Language Line services, the appropriate ACASI staff member shall consult with the Director to determine what method of service will best meet the needs of the ACASI client(s). The ACASI client’s needs and service type will help determine the method of translation service delivery.

 If translation phone services are needed, the appropriate ACASI staff member will:

  • Dial the toll free number: 1-800-752-6096;
  • Provide the ACASI account number; and
  • Identify the needed language.

The interpreter will be connected with the ACASI staff member and client.

If video conferencing or written translation services are needed, the Director will:

  • Obtain the necessary meeting information such as purpose of the meeting, language, location address, and duration of time;
  • Obtain a written quote through languageline.com ;
  • Obtain permission from the FVC Director for the expenditure; and
  • Confirm logistics with the appropriate ACASI staff member.

The need for on-site in-person interpreting will be determined through consultation between the ACASI Director and ACASI staff member(s). This type of service is preferred for on-site intake sessions, mentor/mentee match meetings, and detailed case management sessions. On-site interpretation will be coordinated between the Director and appropriate ACASI staff member. The Director will:

  • Obtain the necessary meeting information such as purpose of the meeting, language, location address, and duration of time;
  • Obtain a written quote through languageline.com ;
  • Obtain permission from the FVC Director for the expenditure;
  • Confirm logistics with the appropriate ACASI staff member.

Language Line account contact information:

Nathan Nuñez

Strategic Account Executive

LanguageLine Solutions

Phone: (831) 402-0093

Fax/Office: (831) 648-7188

Email: NNunez@Languageline.com

https://www.languageline.com

 

PROVIDING WRITTEN TRANSLATIONS

ACASI will provide translation of other written materials if needed, as well as written notice of the availability of translations free of charge for LEP individuals

 

PROVIDING NOTICE TO LEP PERSONS

ACASI will inform LEP persons of the availability of language assistance free of charge by providing written notice in languages LEP persons will understand. Notification will be provided through one or more of the following: outreach documents and posting on the asu.edu/fvc/acasi website.

 

COMPLAINT PROCESS

Any LEP person who believes he/she has been denied meaningful access under this policy may file a verbal or written complaint to:

Office of University Rights and Responsibilities

Arizona State University

(480) 965-5057

urr@asu.edu

 

The following information must be provided in the complaint: name; date; best phone number for a contact of the complainant; a general description of the person(s) or class of persons injured by the alleged failure; and a description of alleged failure.

 

Retaliation of any kind against a person who has made a complaint, and/or assisted in any way with the investigation of the complaint is prohibited.