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USDA Civil Rights Requirements

USDA Civil Rights Requirements. Big Red, Chapter 11 , details sponsors’ responsibilities to implement and meet USDA Civil Rights “Non-discrimination” requirements. ODE memo , dated May 15, 2008 (supersedes Big Red). What is Discrimination?.

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USDA Civil Rights Requirements

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  1. USDA Civil Rights Requirements Big Red, Chapter 11, details sponsors’ responsibilities to implement and meet USDA Civil Rights “Non-discrimination” requirements. ODE memo, dated May 15, 2008 (supersedes Big Red)

  2. What is Discrimination? “The act of distinguishing one person or a group of person from others, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected classes.”

  3. Discrimination is: Different treatment to a person’s disadvantage: • Deny benefits or services • Delay benefits or services • TreatDifferently than others

  4. Federal (USDA) Protected Classes include: • Race • Color • National origin • Age • Sex • Disability

  5. State of Oregon (non-USDA) Protected Classes include: • Religion • Marital Status • Sexual Orientation

  6. Federal Law or Oregon Law? • Federal (USDA) Law includes race, color, national origin, sex, age, and disability as protected classes. • Oregon Law includes religion, marital status and sexual orientation as protected classes. • Do not forward complaints involving Oregon-only protected classes to ODE. • Contact Winston Cornwall for technical assistance, if needed.

  7. Civil Rights Complaint Policy and Procedure • Sponsors must have a written procedure for accepting and forwarding civil rights complaints to ODE or USDA. • Exhibit 23.10

  8. Civil Rights Complaint Procedure

  9. Civil Rights Complaint Log • All discrimination complaints must be documented in the Civil Rights complaint log. **Date Log regardless of complaints received and maintain on file

  10. Civil Rights Complaint Form • CR Complaint Form must be readily available for any person who feels they may have been discriminated against based on race, color, national origin, age, sex, or disability. • Sponsor must make every attempt to help complainant complete CR Complaint Form. • If complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE with 3 days of receipt by sponsor.

  11. USDA Complaint Form • Use USDA complaint form for CR complaints connected to CACFP and involving USDA protected classes. • Do not use USDA complaint form for complaints not connected to CACFP or involving Oregon-only protected classes

  12. Non-Discrimination Statement “In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discrimination on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call, toll free (866) 632-9992 (Voice).  TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866)377-8642 (relay voice users).  USDA is an equal opportunity provider and employer.”

  13. Short Form of Non-Discrimination Statement “This institution is an equal opportunity provider.” • Sponsor can change “this institution” to the name of the sponsor. • Sponsors may use the short version on documents mentioning USDA or the CACFP, if document is one page or less in length

  14. “And Justice For All” • Poster must be placed in a prominent place where participants and potential participants have ready access. • Current Poster was revised 5/2008

  15. Racial and Ethnic Data • Sponsors collect at Initial Application and once annually *********************************** • Report ethnic and racial data from your service area of potential participants. • ODE assists sponsors by providing racial and ethnic data from your service area (by county).

  16. Racial and Ethnic Data • Report ethnic and racial data from your service area of Actual participants. • A sponsor-developed questionnaire may be distributed (optional for participants to complete!) • If no written info available, sponsor must make visual identification for USDA reporting use

  17. It is optional for participants to provide Sponsors with Racial and Ethnic information However… It is a requirement for Sponsors to collect Racial and Ethnic Data annually Racial and Ethnic data may be collected from a Sponsor developed questionnaire or may be collected using visual identification

  18. Sample Questionnaire

  19. Race and Ethnic Categories Separate categories are used when collecting and reporting Race and Ethnicity. Why do we collect this data? To determine how effectively USDA programs are reaching potential eligible participants

  20. Race and Ethnic Categories Data COLLECTION: Two-Step Format: - Separate categories are used when collecting and reporting Race and Ethnicity.

  21. Ethnic Categories: Ethnicity is collected first. • Ethnicity: • Hispanic or Latino • Not Hispanic or Latino Step One

  22. Step 1: Ethnicity • Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. • Not Hispanic or Latino

  23. Participants are offered the option of selecting one or more Racial designations: • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White • Other ____________________ Step Two

  24. See Racial and Ethnic Category Definitions Handout for descriptions of Race Categories…

  25. Racial Ethnic Annual Data Collection Form

  26. Civil Rights Staff Training • Train staff annually on Civil Rights (CR) Requirements: • What is a CR Complaint • Posting of “And Justice For All” poster • Nondiscrimination Statement • CR Complaint Procedure • Collecting Racial and Ethnic Data Refer to “Big Red” Exhibit 23.11

  27. Civil Rights Compliance Checklist: • “And Justice for All” poster must be prominently displayed in the administrative office • Nondiscrimination Statement must printed on Program materials that mention or imply the USDA or CACFP • Collect Racial and Ethnic Data Annually • Need written procedure for handling civil rights complaints ( using Complaint form and log provided) • Each site must have: JFA poster visible, CR complaint procedure, CR Complaint forms and a CR Complaint Log

  28. “Integrity Regulations” CACFP Regulations– “7 CFR 226” http://www.fns.usda.gov/cnd/Care/Regs-Policy/policymemo/CFR226-2008.pdf

  29. Viability (Financial) Accountability (Internal Controls) Capability (Administrative) The rule requires that ODE approve only those sponsors capable of operating CACFP according to regulations… “Integrity” Performance Standards for Institutions Handout “VAC”

  30. Outside Employment Policy • ODE’s “Outside Employment Policy” statement in Application Packet: All sponsors must have a policy that prohibits other employment that interferes with employee performance of Program-related duties and responsibilities.

  31. “Integrity”Management Plan • Criminal Convictions Certification The purpose of this provision in the law and the regs is to ensure that organizations and individuals whose actions have demonstrated a lack of business integrity are not permitted to enter or remain in CACFP. Also…

  32. Criminal Convictions Certification (con’t)… The institution must state whether the institution or any of it’s principals have been convicted of a business-related offense in the past 7 years i.e. fraud, embezzlement, etc. AND…

  33. Criminal Convictions Certification (con’t)… When either the institution or any of its principals have such a conviction during the past 7 years, the institution and/or principal is not eligible to participate in CACFP • Contact ODE for guidance if needed

  34. “Integrity”Management Plan Birthdate Requirement • ODE is required to collect birthdates of principals and responsible individuals • ODE gathers this during application process

  35. “Integrity”Serious Deficiency, Process • If ODE determines a sponsor is Seriously Deficient, the sponsor has 1-30 days to correct the deficiency • Serious deficiencies can be found during reviews, application renewals, and at other times such as audits

  36. “Integrity” Corrective Action • Corrective Action: Sponsor must take action to correct the serious deficiency permanently and adequately within the prescribed timeframe

  37. “Integrity”Termination Process • Termination: If the Serious Deficiency is not corrected adequately and permanently within the prescribed timeline; then ODE notifies sponsor of our intent to terminate the State Agency-Sponsor agreement due to the uncorrected serious deficiency

  38. National Disqualified List: If agreement is terminated, ODE is required to submit name of sponsor, responsible principals and individuals, their birthdates and addresses to USDA “Integrity Regulations”

  39. If sponsor quits CACFP while in Seriously Deficient status, ODE is still required to place the institution, responsible principals and individuals on the National Disqualified List National Disqualified List

  40. The sponsor, responsible principals and responsible individuals are on the list for up to 7 years If any outstanding CACFP debts exist after 7 years, all parties remain on the list until they are repaid National Disqualified List

  41. Site Monitoring Requirements • Single-site sponsor No requirements! • Multi-site sponsor Site Monitoring isRequired! Site Report

  42. Multi-Site Sponsors • Must review each site a minimum of 3 times per year • 2 of 3 reviews must be unannounced • For any new additional site: must conduct first review within first 4 weeks • No more that 6 months between visits Documentation is Required! Center Manual Ch. 13 Site Monitoring Report form See Memo (5/15/08) in packet

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