Notice of Nondiscrimination Policy

Sustainable Energy Fund (“SEF”) is dedicated to ensuring an equal opportunity in accessing our Energypath programs and services, and activities for all individuals. SEF does not discriminate on the basis of race, color, national origin, disability, age, or sex in the administration of our Energypath program and activities. SEF does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R Parts 5 and 7, or for the purpose of interfering with such rights.

Because SEF receives grant financing from the U.S. Environmental Protection Agency, specific reference is also made to the following provisions of the Code of Federal Regulations – 40 CFR Part 5 and Part 7.  Parts 5 and 7 address nondiscrimination in Energypath programs or activities receiving Federal assistance from the Environmental Protection Agency.

President and CEO, John Costlow is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972(hereinafter referred to collectively as they federal non-discrimination laws).

If you have any questions about this notice or any of SEF’s non-discrimination programs, policies or procedures, you may contact the non-discrimination coordinator:

Accessibility

Energypath will make reasonable accommodations to ensure that individuals with impaired vision or hearing or limited English proficiency can participate fully in our program activities. This includes providing auxiliary aids and services as needed at no cost to the individual.

If you are a person with a disability or limited English proficiency and desire any assistive devices, services, or other accommodations to participate in Energypath, please contact John Costlow, Executive Director, at [email protected] to discuss reasonable accommodations five days prior to the event.

For in-person Energypath activities providing food, we will provide the means for individuals to indicate allergy/special needs on our registration forms and provide reasonable accommodations. We will provide, if necessary, reasonable accommodations for individuals who are deaf or hard of hearing and to other individuals who need additional assistance for effective communication and participation.

Language Access

Energypath will provide reasonable accommodations to ensure meaningful access to services for persons with limited English proficiency. This includes providing translation and interpretation services as needed to ensure effective communication at no cost to the individual.

Grievance Procedure

Any staff person who believes they have been subjected to discrimination or harassment, or who has witnessed such behavior, should report it to the Non-Discrimination Coordinator. If a member of the public or attendee of the Energypath event believes they have been subjected to discrimination or harassment, they should report it to the Non-Discrimination Coordinator. The process for reporting a grievance is included in the complete Non-Discrimination Policy available here.

1. Filing of Complaint
   • A person (or the authorized representative of a person) who believes that they or a class of persons has been discriminated against may file a complaint with SEF
   • The complaint should: be in writing via email or mail; (please note that complaints via social media or any form other than email or physical mail may not be received by the Point of Contact, and therefore will not be considered a valid form of written complaint be filed within 60 days of an alleged violation (except as otherwise indicated in the following paragraph); describe with specificity the action(s) by SEF that allegedly result in discrimination in violation of 40 C.F.R. Parts 5 and 7; describe with as much detail as possible the discrimination that allegedly has occurred or will occur as the result of such action(s); and identify the parties impacted or potentially impacted by the alleged discrimination. 
   • Sustainable Energy Fund may request additional information from the complainant, if this information is needed to meet the complaint requirements described above. SEF may waive requirement two (2) in its discretion, in order to address allegations of potential discrimination caused by pending actions at the earliest appropriate and feasible juncture; or, for good cause, to address complaints filed more than 60 days after an alleged violation.
   • Person(s) who believe they or a class of persons have been discriminated against and need more information, assistance with or help with submitting a complaint, or an accommodation if you require an alternate means of submission due to disability or any other reason, may call or email the Point of Contact, John Costlow (contact information listed above).
   • Complaints may be submitted by emailing the information to the Point of Contact. SEF will also accept complaints mailed to the Point of Contact.
   • Within 10 business days of receiving a written complaint, SEF will provide the complainant with written notice of receipt (please note that this only applies to email or physical mail; messages through social media will not be accepted as formal complaints). At this time, SEF may request any additional information needed to meet the complaint requirements above. Within 15 business days of receiving any additional information, SEF will create a case file containing all information in relation to the complaint and will provide the complainant with written notice that the complaint is complete.
2. Determination of Jurisdiction and Investigative Merit
   • SEF based on information in the complaint and other information available, will determine if it has jurisdiction to pursue the matter and whether the complaint has sufficient merit to warrant an investigation. A complaint shall be regarded as meriting investigation unless:
     • It clearly appears to be frivolous or trivial;
     • Within the time allotted for making the determination of jurisdiction and investigative merit, SEF voluntarily concedes noncompliance and agrees to take appropriate remedial action or reaches an informal resolution with the complainant;
     • Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or
     • It is not timely and good cause does not exist for waiving the timing requirement.
   • If the Point of Contact determines the complaint submittal warrants further investigation, the Point of Contact shall review the alleged facts to determine the course of the investigation. The investigation may include interviews of SEF employees, other relevant witnesses, or others named in the complaint, as well as a review of physical evidence. SEF employees shall make themselves available as necessary.

Disposition of Complaints

Within 120 days of accepting a written complaint, SEF will respond in writing to the complainant with resolution including whether discrimination is found and a description of the investigation process, and any potential remedies where appropriate. During the investigation, SEF, will consider all information that is preponderance of the evidence.

SEF intends to periodically review this grievance procedure on an annual basis to ensure prompt and fair resolution of discrimination complaints. In evaluating the effectiveness of the procedure and the need for additional measures, SEF. will assess the feedback from agency staff and the public.

Non-Retaliation

SEF is committed to fostering an environment where individuals can invoke these grievance procedures without fear of retaliation or reprisal. SEF explicitly prohibits retaliation against any individual for any purpose, including for the purpose of interfering with any right or privilege guaranteed under any state or federal statutes or regulations because that individual has filed a complaint or has testified, assisted, or participated in any way in an investigation, proceeding, or hearing of any kind or has opposed any practice made unlawful under any state or federal statutes or regulations. Prohibited retaliatory acts include intimidation, threats, coercion, or discrimination against any such individual or group. Any concern regarding retaliation should be reported to the Point of Contact and will be handled promptly and fairly pursuant to SEF Grievance Procedure.