Enclosure (1) to COMDTINST 5300.1
(3) For a complaint to be "complete," it must include: a signed, written
explanation of what has happened; a way to contact the complainant; the
basis of the complaint; the respondent; and sufficient information to
understand the facts that led the complainant to believe that discrimination
has occurred and when the discrimination took place. If G-HE determines
that the complaint is not complete, the assigned staff member contacts the
complainant by telephone and/or letter to obtain the necessary information.
The complaint may be closed if the requested information is not received
within the deadline specified in the letter (usually 30 days).
(4) Title II of the ADA prohibits discrimination on the basis of disability by
public entities, whether or not they receive Federal financial assistance.
Although DOJ has overall authority for coordination of Title II compliance
activities, they have designated eight Federal agencies to oversee compliance
activities for components of State and local governments that have
responsibility over various functional areas. DOT is the designated agency
for components of State and local governments that are responsible for
programs, services, and regulatory activities relating to transportation. DOT
has delegated this authority to the Administrators, and the Commandant has
in turn re-delegated this authority to G-H. For G-H to have jurisdiction to
investigate a maritime Title II ADA complaint, it must: allege
discrimination which is prohibited by law; be filed by an external
complainant; be alleged against a public entity; have occurred within 180
days; and be a matter committed to the Coast Guard to investigate and not to
some other agency or be a civil rights-related matter or complaint assigned
to the Coast Guard for processing and investigation by DOCR. DOJ has
administrative enforcement authority for complaints alleging violation of
Title III of the ADA regarding transportation services provided by private
entities, such as cruise ships. If the complaint is not within our jurisdiction,
G-H returns it to DOCR for referral to the appropriate agency or operating
administration's office of civil rights. Before initiating a referral through
DOCR to DOJ, such referral should be reviewed within Coast Guard's Chief
Counsel.
(5) Based on our jurisdictional authority, G-H reviews the allegations in the
complaint to frame the issues that will be investigated. The issues are
specific actions, policies, or practices responsible for the alleged
discrimination.
(6) Once G-H has determined that it has a complete complaint that is within our
jurisdiction, we notify the complainant and respondent of the issues accepted
and the timeframe of the upcoming investigation. Furthermore, the letter to
the respondent may include a request for documentary and other information
to be submitted for review in preparation for the investigation.
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