USDA USDA Civil Rights Civil Rights

and and Child Nutrition Child Nutrition

ProgramsProgramsAudio_0001.wma

Child Nutrition Program Child Nutrition Program Civil RightsCivil Rights

Understanding Civil RightsUnderstanding Civil Rights

And And

Civil Rights TrainingCivil Rights Training

InIn

10 Easy Steps!10 Easy Steps!

# 1# 1

What is Civil What is Civil Rights?Rights?

IntroductionIntroduction

Civil Rights Regulations are intended to Civil Rights Regulations are intended to assure that benefits of Child Nutrition assure that benefits of Child Nutrition Programs are made available to all eligible Programs are made available to all eligible people in a non-discriminatory manner.people in a non-discriminatory manner.

All sponsors receiving Federal $$ must All sponsors receiving Federal $$ must implement Civil Rights requirements to be implement Civil Rights requirements to be eligible for the program.eligible for the program.

# 2# 2

What What

Is Is

Discrimination?Discrimination?

DiscriminationDiscrimination

Is defined as Is defined as different treatmentdifferent treatment which makes a which makes a distinctiondistinction of one of one person or a group of persons from person or a group of persons from others; either others; either intentionallyintentionally, , by by neglectneglect or or by the actionsby the actions or or lack of lack of actionsactions based on the protected based on the protected classes.classes.

Protected ClassesProtected Classes

Race Race Color Color National originNational origin

• AgeAge• Sex Sex • DisabilityDisability

# 3# 3

How Do YouHow Do YouRecognize ARecognize ACivil Rights Civil Rights Complaint?Complaint?

Recognizing a Recognizing a Civil Rights ComplaintCivil Rights Complaint

A Complaint of unequal treatment A Complaint of unequal treatment can be:can be:

–VerbalVerbal

–In WritingIn Writing

–ObservedObserved

Civil Rights ComplaintCivil Rights Complaint Potential CR complaint may start with a Potential CR complaint may start with a

phone call, letter, email, fax or any form of phone call, letter, email, fax or any form of communication where communication where someone feels someone feels they, or someone they know, has received they, or someone they know, has received unequal treatment in any area in the unequal treatment in any area in the operation of a Child Nutrition Programoperation of a Child Nutrition Program– Program AdministrationProgram Administration– Food ServiceFood Service– EmploymentEmployment

Discrimination is:Discrimination is: … …when an individual or when an individual or

group of individuals are:group of individuals are:DDelayed elayed receiving receiving benefits or services benefits or services

that others receivethat others receiveDDenied enied benefits or services that others benefits or services that others

receivereceive TreatedTreated DDifferentlyifferently than others to their than others to their

disadvantagedisadvantage Given Given DDisparateisparate Treatment something Treatment something

which does not seem discriminatory, but which does not seem discriminatory, but has a discriminatory impact in practice.has a discriminatory impact in practice.

The 4 The 4

““D”sD”s

# 4# 4

What do you do if What do you do if you receive a you receive a Civil Rights Civil Rights complaint?complaint?

Develop a Procedure PlanDevelop a Procedure Plan

Sponsors are required to Sponsors are required to developdevelop and and implementimplement a written procedure a written procedure to handle any discrimination to handle any discrimination complaint that may be received. complaint that may be received.

How Long Do They Have How Long Do They Have To File a Complaint?To File a Complaint?

Any person who believes he or she Any person who believes he or she has been discriminated against in has been discriminated against in the Child Nutrition Program the Child Nutrition Program operation based on the protected operation based on the protected classes has a right to file a classes has a right to file a complaint within 180 days of the complaint within 180 days of the alleged discriminatory action.alleged discriminatory action.

Where Do They Send The Where Do They Send The Complaint?Complaint?

Complainants may choose to directly Complainants may choose to directly contact USDA with their complaint, or contact USDA with their complaint, or they may notify the sponsor of their they may notify the sponsor of their complaint. The sponsor must forward complaint. The sponsor must forward all discrimination complaints received all discrimination complaints received regarding Child Nutrition to ODE regarding Child Nutrition to ODE within 3 working dayswithin 3 working days

Complaint ProcedureComplaint Procedure

A complaint can be investigated A complaint can be investigated locally, resolved locally and the locally, resolved locally and the

Department of Education notified Department of Education notified of the resolution.of the resolution.

How to Handle a ComplaintHow to Handle a Complaint

Use the Complaint FormUse the Complaint Form Enter the Complaint on the LogEnter the Complaint on the Log Refer the complaint to the Civil Refer the complaint to the Civil

Rights official in the school district or Rights official in the school district or facilityfacility

Report the complaint to the Report the complaint to the Department of EducationDepartment of Education

Civil Rights Complaint Civil Rights Complaint ProcedureProcedure

Civil R ights Com plaint P rocedure

I f C o m p la in a n t R e tu rn s C R C o m p la in t F o rm T o S p o n sor

.S p o n so r F o rw a rds C R C o m p la in t Fo rm T o O D E w ith in w o rk in g 3 D a ys

S p o n so r g ive s C o m pla in a n t C R C o m p la in tF o rm a n d/o r S p o nso r C o m p le te s C R

C o m p la in t Fo rm w ith C o m p la in a n t

C R C o m pla in t D ocu m e n tedin C R C o m p la in t L og

C R C o m p la in t R e ce ive d b y S p o n sor(V e rb a l o r W ritte n)

Civil Rights Complaint LogCivil Rights Complaint Log

All discrimination complaints All discrimination complaints must be documented in the must be documented in the Civil Rights Complaint LogCivil Rights Complaint Log

Log must be dated and kept for 3 Log must be dated and kept for 3 years + current year, even if no years + current year, even if no complaints have been receivedcomplaints have been received

Civil Rights (CR) Civil Rights (CR) Complaint FormComplaint Form

CR Complaint Form must be readily CR Complaint Form must be readily available at all sitesavailable at all sites

Sponsor must make every attempt to help Sponsor must make every attempt to help complainant complete CR Complaint Form complainant complete CR Complaint Form

If complainant returns CR Complaint Form If complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE to sponsor, it must be forwarded to ODE within 3 working days of receipt by sponsorwithin 3 working days of receipt by sponsor

# 5# 5

What do I do with theWhat do I do with the

““And Justice For All”And Justice For All”

Poster?Poster?

““And Justice For All”And Justice For All”

Poster must be Poster must be placed in a placed in a

prominent area prominent area where participants where participants

and potential and potential participants have participants have

ready accessready access

# 6# 6

When do I use theWhen do I use the

NondiscriminationNondiscrimination

StatementStatement??

Nondiscrimination Nondiscrimination Statement – Long versionStatement – Long version In accordance with Federal law and U.S. Department of In accordance with Federal law and U.S. Department of

Agriculture policy, this institution is prohibited from Agriculture policy, this institution is prohibited from discrimination on the basis of race, color, national origin, discrimination on the basis of race, color, national origin, sex, age, or disability.sex, age, or disability.

To file a complaint of discrimination, write USDA, To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call, toll Avenue, SW, Washington, DC 20250-9410 or call, toll free (866) 632-9992 (Voice). TDD users can contact free (866) 632-9992 (Voice). TDD users can contact USDA through local relay or the Federal Relay at (800) USDA through local relay or the Federal Relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice users). 877-8339 (TDD) or (866) 377-8642 (relay voice users). USDA is an equal opportunity provider and employerUSDA is an equal opportunity provider and employer..

Where a Non-discrimination Where a Non-discrimination Statement is NeededStatement is Needed

Informational Materials that require the Informational Materials that require the Non-discrimination Statement include:Non-discrimination Statement include:

•Enrollment Enrollment FormsForms

•MenusMenus

•Employee Employee HandbooksHandbooks

•NewslettersNewsletters

•BrochuresBrochures

•Parent/Student Parent/Student HandbooksHandbooks

•Print or broadcast Print or broadcast advertisementsadvertisements

•FlyersFlyers

•WebsitesWebsites

Nondiscrimination Nondiscrimination Statement - Short versionStatement - Short version Sponsors can use the short version Sponsors can use the short version

on documents mentioning USDA or on documents mentioning USDA or the Child Nutrition Program if the Child Nutrition Program if document is one page (front and document is one page (front and back) or less in length.back) or less in length.

““This institution is an This institution is an

equal opportunity provider”equal opportunity provider”

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Who needs to have Who needs to have the Civil Rights the Civil Rights

information?information?

Civil Rights Civil Rights information needs information needs to be available at to be available at every siteevery site..

Civil Rights BinderCivil Rights Binder A CR Binder could look something like this:A CR Binder could look something like this:

JFA poster on Front coverJFA poster on Front cover Separate sections for Separate sections for

– 1) Sponsor’s CR complaint procedure,1) Sponsor’s CR complaint procedure,– 2) CR complaint Log, 2) CR complaint Log, – 3) Copies of CR complaint forms 3) Copies of CR complaint forms – 4) A copy of How to Recognize a Civil Rights 4) A copy of How to Recognize a Civil Rights

Complaint.Complaint. An information sheet that identifies the An information sheet that identifies the

Civil Rights coordinator for the school.Civil Rights coordinator for the school.

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What does ODE What does ODE look for at a look for at a

review?review?

Common Review FindingsCommon Review Findings Complaint form must have both sides Complaint form must have both sides printed.printed.

Civil Rights Complaint forms not Civil Rights Complaint forms not accessible to all staff at each site.accessible to all staff at each site.

Staff do not recognize a civil rights Staff do not recognize a civil rights complaint when asked and /or are not complaint when asked and /or are not able to verbalize the civil rights able to verbalize the civil rights complaint procedure to reviewer.complaint procedure to reviewer.

Common Review FindingsCommon Review Findings

And Justice for AllAnd Justice for All poster is not visible poster is not visible where parents and the general public where parents and the general public can see and read itcan see and read it

Non-discrimination statement missing Non-discrimination statement missing from public documents that mention or from public documents that mention or imply USDA and Child Nutrition imply USDA and Child Nutrition ProgramsPrograms

# 9# 9

Are there any Are there any resources for us to resources for us to

use?use?

Civil Rights Civil Rights ResourcesResources

ODE’s Civil Rights website:ODE’s Civil Rights website:www.ode.state.or.us/services/nutrition/civil_rightswww.ode.state.or.us/services/nutrition/civil_rights

How to Recognize a Civil Rights ComplaintHow to Recognize a Civil Rights Complaint CR Complaint FormCR Complaint Form CR Complaint LogCR Complaint Log CR Complaint Procedure CR Complaint Procedure CR Training for Staff FormCR Training for Staff Form

Civil Rights SpecialistCivil Rights Specialist

Winston Cornwall is the Civil Rights Winston Cornwall is the Civil Rights Specialist for ODE. You may contact Specialist for ODE. You may contact him or one of the specialists in our him or one of the specialists in our office regarding any complaints or office regarding any complaints or technical assistance required.technical assistance required.

Civil Rights ResourcesCivil Rights Resources

Winston CornwallWinston CornwallODE Civil Rights SpecialistODE Civil Rights Specialist

Phone: (503)-947-5675Phone: (503)-947-5675

Email: Email: winston.cornwall@state.or.uswinston.cornwall@state.or.us

# 10# 10

What is a summary What is a summary of what a sponsor of what a sponsor must do for Civil must do for Civil

Rights?Rights?

Summary: Civil RightsSummary: Civil Rights“Must Do List?”“Must Do List?”

Offer any Child Nutrition Program in a Non-Offer any Child Nutrition Program in a Non-

Discriminatory MannerDiscriminatory Manner Train staff annually on Civil Rights and Train staff annually on Civil Rights and

complete the training form. complete the training form. Develop & fully implement sponsor’s CR Develop & fully implement sponsor’s CR

Complaint ProcedureComplaint Procedure Make available to all staff CR complaint Make available to all staff CR complaint

forms, CR Log and CR complaint procedureforms, CR Log and CR complaint procedure

Summary: Civil RightsSummary: Civil Rights“Must Do List?”“Must Do List?”

Prominently display the Prominently display the And Justice for AllAnd Justice for All posterposter

Non-discrimination statement must be on all Non-discrimination statement must be on all printed materials available to the public printed materials available to the public which mention USDA and/or Child Nutrition which mention USDA and/or Child Nutrition Program meals and snacksProgram meals and snacks

Must offer meals to all students in the Must offer meals to all students in the schoolschool

Thank You