Tampa Bay Water’s Nondiscrimination Policy and Grievance Procedure

Tampa Bay Water is committed to ensuring that no person in the United States shall, on the grounds of race, color, national origin, sex, age, disability, or other protected status under applicable federal civil rights laws, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity receiving federal financial assistance. This policy is adopted in accordance with 40 CFR Parts 5 and 7, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Section 13 of the Federal Water Pollution Control Act Amendments of 1972, the Age Discrimination Act of 1975, and all other applicable federal nondiscrimination statutes and regulations.

Policy

Tampa Bay Water further complies with all applicable federal civil rights laws and does not discriminate on the basis of:

  • Race
  • Color
  • National origin (including limited English proficiency)
  • Sex
  • Age
  • Disability

These protections apply to all Tampa Bay Water programs, services, activities, and operations, including those funded wholly or in part with federal assistance. Tampa Bay Water also prohibits retaliation against any individual who files a complaint or participates in an investigation of discrimination under all applicable federal nondiscrimination requirements.

Tampa Bay Water ensures that all subrecipients, contractors, and subcontractors receiving federal assistance comply with all applicable federal nondiscrimination requirements and include nondiscrimination provisions in contracts and agreements.

Public Notice of Nondiscrimination

Tampa Bay Water operates its programs and services in compliance with 40 CFR Parts 5 and 7 and all other applicable federal nondiscrimination statutes and regulations. Tampa Bay Water ensures equal access to all persons and does not discriminate in the provision of its services, programs, or activities.

Commitment to Equal Access and Limited English Proficiency (LEP)

Tampa Bay Water recognizes that meaningful access to programs and services must be available to all persons, including individuals with limited English proficiency (LEP).

To ensure equal access, Tampa Bay Water will, when appropriate:

  • Provide language assistance services at no cost to individuals with limited English proficiency
  • Provide translated written materials where appropriate
  • Provide interpreter services upon request
  • Ensure public notices and program information are accessible to all residents
    These efforts help ensure that individuals are not denied meaningful access due to language barriers.

Applicability

This policy applies to all Tampa Bay Water programs, services, and activities, including but not limited to:

  • Water supply development and infrastructure programs
  • Public outreach and education activities
  • Procurement and contracting activities involving federal funding
  • Grant-funded projects
  • Public meetings, notices, and engagement processes

Tampa Bay Water will not:

  • Deny any person access to services or benefits
  • Provide unequal service or benefits
  • Subject any person to segregation or separate treatment
  • Apply different eligibility standards or criteria based on protected characteristics.

Accessibility and Reasonable Accommodations

Tampa Bay Water is committed to ensuring accessibility for individuals with disabilities. Reasonable accommodations will be provided upon request, including:

  • Auxiliary aids and services
  • Alternative formats of documents
  • Assistance with filing complaints

Individuals requiring accommodations or language assistance are encouraged to contact the Nondiscrimination Coordinator.

Nondiscrimination Coordinator Contact Information

Tampa Bay Water has designated a Nondiscrimination Coordinator who has overall responsibility for implementing and monitoring compliance with 40 CFR Parts 5 and 7 and all other applicable federal nondiscrimination requirements.

For more information or to file a complaint, contact the Nondiscrimination Coordinator at:
Krista Simon - Tampa Bay Water
2575 Enterprise Road
Clearwater, FL 33763

Phone: 727-769-2355
Email: ksimon@tampabaywater.org

Grievances

Any individual who believes that they have been the victim of unlawful discrimination in violation of 40 CFR Parts 5 and 7 or any other applicable federal nondiscrimination requirements may file a grievance with Tampa Bay Water located at 2575 Enterprise Road, Clearwater, Florida 33763.

Filing a Grievance

This grievance procedure shall serve as Tampa Bay Water’s mechanism to respond to complaints of discrimination on the basis of race, color, national origin, sex, age, disability, religion, or family status, in the delivery of Tampa Bay Water’s federally assisted programs and services. This procedure does not apply to complaints of discrimination in employment.

Any individual who believes they have been subjected to discrimination under all applicable federal nondiscrimination requirements may file a complaint. Any individual who believes that they have been discriminated against in the provision of a program or service operated by Tampa Bay Water shall have the ability to file a formal grievance, have the grievance responded to, and have the right to request an appeal if they are dissatisfied with the resolution of their grievance.

The procedures to be followed in filing a formal grievance shall be available and accessible to the general public.

The Nondiscrimination Coordinator serves as the ADA Coordinator and ADA Officer for Tampa Bay Water and is also responsible for coordinating the agency’s grievance procedure and will serve as the conduit between the grievant and the department against whom the grievance is made. The coordinator will provide the department/division with the necessary technical assistance needed in reaching resolution of the grievance.

The coordinator will make all attempts to assist the department in reaching an amicable resolution to the grievance; however, the coordinator shall have no authority to direct the department in the manner in which the department ultimately decides to respond to the grievance.

Any individual who feels they have been discriminated against in any federally assisted program or service provided by Tampa Bay Water, under 40 CFR Parts 5 and 7 or any other applicable federal nondiscrimination requirements, shall submit a grievance in writing addressed to the Nondiscrimination Coordinator.

A signed, written complaint should be filed within 180 days of the alleged discriminatory act and should include:

  • Complaint must be signed
  • Complainant’s name, address, and contact information
  • Description of the alleged discrimination
  • Date and location of the incident
  • Name(s) of the individuals or departments involved (if known)
  • Any supporting documentation
  • The names of any persons, if known, that Tampa Bay Water could contact for additional information to support or clarify your allegations.

Complaint Investigation Process

Upon receipt of a complaint, Tampa Bay Water will:

  1. Acknowledge receipt of the complaint within five business days
  2. Review and evaluate the complaint to determine jurisdiction
  3. Conduct a prompt, fair, and thorough investigation
  4. Provide a written response to the complainant
  5. Take corrective action if warranted
  6. Complete investigation within 30 days

Tampa Bay Water will make reasonable efforts to resolve complaints informally when appropriate while ensuring compliance with federal civil rights requirements. The preponderance of the evidence standard will be applied during the analysis of each complaint.

Confidentiality: All information related to a grievance will be maintained as confidential to the extent possible, consistent with the need to conduct a fair and thorough investigation.

Right to Appeal and External Complaint Options

If a complainant is dissatisfied with Tampa Bay Water’s resolution, they may request an internal appeal through Tampa Bay Water by contacting the Nondiscrimination Coordinator within fifteen (15) calendar days after notice of disposition. All appeals shall be sent to the Nondiscrimination Coordinator. Tampa Bay Water’s General Manager or designee shall issue a written decision in response to the appeal no later than thirty (30) calendar days after its receipt.

A complainant may also file a complaint directly with the appropriate federal agency, including:

  • U.S. Environmental Protection Agency
  • U.S. Department of Justice

Filing a complaint with Tampa Bay Water does not preclude filing with a federal agency.

Data Collection, Complaint Records, and Retention

Tampa Bay Water will collect and maintain information necessary to support civil rights compliance activities and to provide information to federal agencies upon request. This may include complaint logs, records of discrimination complaints, descriptions of any pending lawsuits related to discrimination, and demographic data such as race, ethnicity, national origin, age, and sex, where appropriate and consistent with applicable law.

Tampa Bay Water will retain required civil rights compliance data and records for at least three years after completion of the federally assisted project or activity, or longer if required by applicable records retention requirements.

Annual Review and Reporting

Tampa Bay Water will review this nondiscrimination policy and grievance procedure at least annually to determine whether updates are needed and to ensure continued alignment with 40 CFR Parts 5 and 7 and all applicable federal civil rights requirements.