APC Policies & Notices

The Acadiana Metropolitan Planning Organization (MPO) fully complies with Title VI of the Civil Rights Act of 1964 and related statutes, executive orders, and regulations in all programs and activities. The MPO operates without regard to race, color, national origin, income, gender, age, and disability.  Any person who believes him/herself or any specific class of persons, to be subjected to discrimination prohibited by Title VI may by him/herself or by representative file a written complaint with the Louisiana Department of Transportation and Development (DOTD). DOTD’s Title VI Program Manager may be reached via phone at 225-379-1923. A complaint must be filed no later than 180 days after the date of the alleged discrimination. 

The Acadiana Metropolitan Organization (MPO) convenes public meetings in accessible locations. Meeting materials can be provided in accessible formats and in languages other than English upon request. If you would like accessibility or language accommodation, please contact the MPO Title VI Coordinator via email at kcarney@planacadiana.org; or by phone at 337-806-9371. If you wish to attend an MPO function and require special accommodations, please provide at least 72 hours of notice.

A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Following the mandates of RS 24:523.1: Click here to view more details.

Policy Adopted – March 2022

APC prohibits sexual advances, requests for sexual favors, and other verbal, physical or inappropriate conduct of a sexual nature when the conduct explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Sexual harassment shall not be tolerated at APC. APC defines as inappropriate conduct, including examples as follows:

1. Harassment may be physical or verbal or nonverbal that includes offensive behavior which would cause a reasonable person to feel threatened, alarmed, or in fear of his / her safety.
2. Harassment to an applicant or employee because of that person’s sex or sexual orientation.
   • Harassment does not have to be of a sexual nature; however, it can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
   • Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
3. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
   • Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.
   • The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Retaliation prohibited

APC prohibits any retaliation of any kind against employees who make a good faith report of possible harassment.

Designated persons

The person designated to receive complaints for APC is the Accounting/Human Resource Manager. If the Accounting/Human Resource Manager is not available, is the focus of the complaint, or if the victim would prefer to report to another person, then the complaint should be alternatively directed to the CEO.

APC’s complaint/grievance process

Take immediate and appropriate action when a complaint of sexual harassment involving any public servant in the agency is received. The complaint process shall detail who may make a complaint, to whom a complaint may be made, and shall provide for alternative designees to receive complaints. Actions taken on the complaint shall be documented. See the complaint process below:

Filing a complaint

1. The victim should, if possible, inform the harasser directly that the conduct is unwelcome and must stop.
2. If the harasser is their supervisor, then they must inform the Accounting/Human Resource Manager or the other designated person.
3. The complaint can be informal or formal (see below).

Informal complaint

If the victim decides to file an informal complaint the Human Resource Manager will:

1. Give an opportunity to the alleged harasser to respond to the complaint
2. Confirm that the alleged harasser understands the following:
3. The complaint process as follows:
   • Any retaliation against the victim or witnesses will not be tolerated
   • Truthfulness and cooperation in the investigation are always required.
   • Facilitate discussion between both parties to reach an informal resolution which is acceptable to the complainant or refer to a designated mediator if preferred.
   • Document all details of the process from beginning to the end, including the resolution outcome. Keep all records confidential.
   • Follow up after resolution was made to ensure behavior has ceased.

Formal complaint

If the victim decides to file a formal complaint or if the informal complaint has not been resolved satisfactorily for the victim, then the formal complaint process will be used. The Accounting/Human Resource Manager and/or the CEO carrying out the investigation will do the following as quickly as possible:

1. Interview the victim and the alleged harasser separately
2. Interview other relevant third parties (witnesses) separately
3. Decide whether, or not, the incident(s) of sexual harassment took place
   • If it can’t be determined that the harassment took place, the designated person may still make recommendations to keep the workplace functioning.
4. Produce a report that contains details of investigations, findings, and any ecommendations
5. If the harassment took place, decide what the appropriate resolution is for the victim such as: an apology, change in work arrangements, training for the harasser, and/or discipline as listed below.
6. Document all details of the process from beginning to end, including the resolution outcome, keeping all records confidential.
   • Follow up after resolution was made to ensure behavior has ceased.
7. If a satisfactory resolution outcome was not achieved, the CEO will take the formal complaint to the APC Board of Commissioners.

Disciplinary actions

After an investigation, anyone who has been found to have sexually harassed another employee under the terms of this policy is liable to any of the following disciplinary action(s). This also applies to any complainant if it is determined that a claim of sexual harassment was intentionally false.

1. Verbal or written warning
2. Unfavorable performance evaluation
3. Reduction in wages
4. Move to another location in office
5. Demotion
6. Suspension
7. Termination

Formal Complaint of Discrimination with LHCR or US EEOC

If you are unable to resolve your harassment complaint by using APC’s internal procedures, and if you wish to pursue the matter, you will need to file an official complaint with the appropriate governmental agency - usually the federal Equal Employment Opportunity Commission (EEOC) or the Louisiana Commission on Human Rights (LHCR). The governmental agency will investigate your claim and will attempt to resolve it by negotiating with your employer. If the agency cannot resolve your complaint, and it determines that your claim is a valid one, it will issue a "right to sue" letter. This letter means that you may bring your case to court.

Litigation

If the appropriate governmental agency issues a "right to sue" letter, you may bring a civil lawsuit for any injuries you suffered due to the sexual harassment. You do not need to show physical injuries. The most common injuries in a sexual harassment case are the emotional injuries suffered by the victim.

Mandatory Training Requirements – R.S. 42:343

Each public servant shall receive a minimum of one hour of education and training on preventing sexual harassment during each full calendar year of public employment or term of office, as the case may be.

CEO shall require supervisors and any persons designated by the agency to accept or investigate a complaint of sexual harassment in his agency to receive additional education and training.

The education and training may be received either in person or via the internet through training and education materials approved by the public servant’s agency head.

Mandatory Policy – R.S. 42:342

CEO shall ensure that each public servant in the agency is notified of the agency's policy against sexual harassment and the mandatory training requirement on preventing sexual harassment. The CEO, or Accounting/Human Resource Manager, shall be responsible for maintaining records of the compliance of each public servant in the agency with the mandatory training requirement. Each public servant's record of compliance shall be a public record and available to the public in accordance with the Public Records Law.

Each employee must sign that they received and read APC’s Sexual Harassment Policy. The CEO will ensure that its policy against sexual harassment and its complaint procedure is prominently posted on its website.

Mandatory Reports – R.S. 42:344:

The CEO shall compile an annual report by February first of each year containing information from the previous calendar year regarding his agency's compliance, including:

1. The number and percentage of public servants in his agency who have completed the training requirements.
2. The number of sexual harassment complaints received by his agency.
3. The number of complaints which resulted in a finding that sexual harassment occurred.
4. The number of complaints in which the finding of sexual harassment resulted in discipline or corrective action and
5. The amount of time it took to resolve each complaint.
6. These reports shall be public record and available to the public in the manner provided by the Public Records Law.