Connecticut Administrative Code
Title 27 - Armed Forces and Veterans
102ld - Administration, Programs, and Patient Rights and Obligations
Article I - GENERAL
Part E - Discrimination and Sexual Harassment
Section 27-102l(d)-73 - Grievance procedure

Universal Citation: CT Reg of State Agencies 27-102l(d)-73

Current through September 9, 2024

(a) Notwithstanding other provisions of the regulations of Connecticut state agencies and any provisions of applicable federal and state law, the Affirmative Action Administrator shall be responsible for the grievance procedure and all complaints and shall:

(1) Cause appropriate postings to be erected as required by law to inform employees, independent contractors, veterans, program participants, and visitors as to the prohibited acts and how to report the same,

(2) Issue copies of procedures related to filing complaints of prohibited acts to all current employees and independent contractors which shall include the name of the Affirmative Action Administrator then employed and a telephone number for the Affirmative Action Program and issue the same to each new employee or contractor prior to commencing service,

(3) Receive and investigate all formal written complaints of discrimination or sexual harassment directly from the victim, veteran advocate, or any other responsible person,

(4) Receive and handle informal complaints, including encouraging the complainant to file a formal written complaint as may be appropriate,

(5) Maintain the confidentiality of the victim and complainant, unless authorized to release their identity or where justice requires,

(6) Resolve formal complaints within thirty (30) days of receiving the complaint, unless the complainant fails to cooperate or assist in the investigation, except that no case should remain unresolved longer than ninety (90) days,

(7) Advise any party that they may appeal from the Affirmative Action Administrator's decision to the Commissioner or his designee who shall render a final agency decision which shall include notice of appeals to the Commission on Human Rights and Opportunities, United States Equal Employment Opportunities Commission, United States Department of Labor, Wage and Hour Division, or any other federal or state agency that enforces laws concerning discrimination as may be appropriate,

(8) Take any action necessary to resolve formal and informal complaints if possible, including:
(A) Ordering a respondent to cease and desist as to the alleged prohibited acts to the extent that the allegations have been found to exist or to have existed by the Affirmative Action Administrator,

(B) Ordering counseling for the complainant and/or the respondent, if such activity could ameliorate the situation,

(C) Recommending to the Veterans' Home Director of the Residential Facility or the Health Care Facility Administrator that a veteran be discharged, if the alleged misconduct is a major offense as set forth in Section 27-102 l(d)-200 of the Regulations of Connecticut State Agencies, and

(D) Taking any other action which may result in the elimination of the prohibited act or acts alleged.

(9) Provide periodic training and confidential counseling to any person about prohibited acts,

(10) Prepare and report the grievance findings to any state or federal agency that monitors the agency's activities in addressing and enforcing anti-discrimination laws, and

(11) Maintain and preserve records of complaints and investigations as required by law and make such records available to agencies which monitor the Department's compliance with applicable discrimination laws.

(b) The Affirmative Action Administrator may participate in and coordinate an investigation and resulting proceeding under the regulations of Connecticut state agencies with similar activities being undertaken by the Veterans' Home Director of the Residential Facility or the Health Care Facility Administrator under Section 27-102 l(d)-202 of the Regulations of Connecticut State Agencies, at the discretion of the Affirmative Action Administrator

(c) Any person may file a complaint with the Affirmative Action Administrator.

(1) The complainant is required to make formal complaints which:
(A) Shall be written, dated and signed by the complainant or authorized representative,

(B) Shall name a respondent, i.e. the party who allegedly performed the prohibited act, which may be the Department, an employee, an independent contractor, a veteran, a program participate or visitor,

(C) Shall describe the alleged discriminatory act, including date, time and location of the prohibited act,

(D) Shall identity any witness, or provide other relevant information which shall assist the investigator, and

(E) Shall describe the action or actions of the victim prior to and immediately following the alleged discriminatory acts.

(2) The complaint shall be filed as soon as the victim is aware that the alleged conduct is prohibited. The Affirmative Action Administrator shall investigate informal written complaints before formal complaints and shall immediately investigate discrimination that did or may result in physical injury or cause irreparable harm to the victim.

(3) The complainant shall cooperate in the investigation and should be present in any proceeding resulting from a formal or informal complaint. If a complainant refuses or fails to cooperate or assist in the proceeding, the Affirmative Action Administrator may terminate said proceeding.

(4) The filing of a complaint with the Affirmative Action Administrator shall not preclude the complainant from pursuing any other remedy or cause of action which may be available at law.

Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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