ADA / Section 504 Nondiscrimination Policy

AUTHORITY: Section 504 of the Rehabilitation Act of 1973. The Americans with Disabilities Act of 1990, as amended T.C.A. §4-3-2303. Federal ADA Title II regulations regarding public entities defined in 28 CFR Part 35. If any portion of this policy conflicts with applicable state or federal laws and regulations, that portion shall be considered void. The remainder of this
policy shall not be affected thereby and shall remain in full force and effect.

PURPOSE: The purpose of this plan is to state the Department’s plan of non-discrimination on the basis of disability¹ of individuals for participation in or for receiving the benefits of services, programs, or activities or for access to or use of facilities owned or controlled by the Department. The Department also seeks to make available to individuals who may desire relief under this policy notice of the procedures through which they may request a reasonable accommodation or, in the alternative request a remedy for discrimination as defined by Title II of the Americans with Disabilities Act.

APPLICATION: All qualified individuals with a disability seeking and meeting the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department, or access to or use of facilities under the ownership or control of the Department.

DEFINITIONS: “Qualified Individual” means an individual who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities
provided by the Department, or for access to or use of facilities under the ownership or control of the Department.

POLICY: It is the policy of the Tennessee Department of Transportation to prohibit discrimination against any qualified individual on the basis of disability in regards to the admission or access to, or treatment in, its programs, services or activities or accessibility to facilities within its ownership or control. The Department shall comply with applicable
requirements of Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, Title 28 of the code of Federal Regulations Part 35, “Non-discrimination on the Basis of Disability in State and Local Government Services.” as well as any other applicable law pertaining to disability non-discrimination.²

It is the policy of the Department to operate each service, program, or activity so that the service, program, or activity when viewed in its entirety, is readily accessible to and usable by qualified individuals with disabilities. Furthermore, it is the policy of the Department that no qualified individual with a disability, because facilities are inaccessible to or unusable by
individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activates of the Department or be subjected to discrimination.

PROCEDURE: The Tennessee Department of Transportation hereby adopts the attached “ADA Title II/Section 504 COMPLAINT FORM,” the attached “ADA TITLE II/SECTION 504 ACCOMODATION REQUEST FORM,” as well as the following request and complaint reporting procedures.
HOW TO REQUEST ADA ACCOMODATION: A qualified individual with a disability may request reasonable accommodations in circumstances where accommodations do not currently allow the individual the same opportunity for participation in or receipt of the benefits of services, programs, or activities, or access to or use of facilities provided to individuals
without disabilities. Qualified individuals with a disability (or a person acting on behalf of such qualified individuals) may make requests for reasonable accommodations or accessibility by contacting the ADA/Section 504 Coordinator listed below or by completing the attached “ADA TITLE II/SECTION 504 ACCOMODATION REQUEST FORM” and submitting it
to:
Shanna Chevalier
Statewide ADA Technical Specialist
Telephone: 615- 741-0465                                                                                                                                                                                        TTY (Statewide): 800-833-5833
Email: TDOT.ADACompliance@tn.gov

HOW TO REPORT DISABILITY DISCRIMINATION INCIDENTS: If a qualified individual with a disability believes he/she has been subjected to conduct that violates this policy, he/she must report those incidents as soon as possible after the event occurs but no later than 180 calendar days of the alleged occurrence. Qualified individuals with a disability (or a person
acting on behalf of such qualified individuals) may file a complaint by contacting or by completing the attached “ADA TITLE II/SECTION 504 COMPLAINT FORM” and submitting it the ADA/Section 504 Coordinator listed in the previous section. Upon receipt of the complaint, the ADA/Section 504 Coordinator will determine its acceptability and need for additional
information, as well as investigate the merit of the complaint. In order to be accepted, a complaint must meet the following criteria:
    a. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged occurrence         became known to the complainant.
    b. The allegation(s) must involve a program, service, activity, or facility of the Tennessee Department of Transportation.
A complaint may be dismissed for the following reasons:
    a. The complaint was not timely filed under this policy.
    b. The complainant requests the withdrawal of the complaint.
    c. The complainant fails to respond to repeated requests for additional information needed to process the complaint.
    d. The complainant cannot be located after reasonable attempts.
HOW COMPLAINTS ARE INVESTIGATED AND RESOLVED: Generally, an investigation of a complaint will include an interview with the complainant to determine if there is a violation of this policy. Once the TDOT ADA/Section 504 Coordinator decides to accept the complaint for investigation, he/she will conduct a thorough and neutral investigation of all
reported complaints of disability discrimination or Tile II violations under the meaning and authority of this policy as soon as practicable. At the conclusion of an investigation, recommendations will be made to the administration to remedy any confirmed violation of this policy. The TDOT ADA/Section 504 Coordinator will send a copy of the original complaint
filed and a letter concerning the findings and remedy chosen, if applicable to the complainant(s) within (60) sixty calendar days of the acceptance of the complaint.

1 _{The prohibition of discrimination based on disability under Title I of the Americans with Disabilities Act with
regard to employment decisions and employee relations falls under TDOT Policy Nos. 105-01 and 105-02 under
the authority of the Civil Rights Office.}

_{2 Note: While the Department is committed to the principles embodied in this policy, the policy itself is not
intended to state contractual terms and does not constitute a contract between the State and individuals
seeking receipt of services or participation in programs or activities provided by the State. This policy
supersedes all policies that conflict with the terms of this policy. Furthermore, this document and its contents
constitute ONLY the policy of the State of Tennessee Department of Transportation. A finding of a violation of
this policy does not mean that the conduct violates state or federal civil rights laws.}