What is a recipient?
A recipient is anyone to whom federal financial assistance is extended, directly or through another recipient for any program.
What is a subrecipient?
Subrecipients include Metropolitan Planning Organizations (MPO's), counties, cities, townships, colleges, universities, consultants, subcontractors and contractors.
What are my responsibilities as a subrecipient?
A subrecipient is required to:
- Administer its programs, activities or employment practices in a nondiscriminatory manner;
- Submit an assurance that its programs, activities and facilities will be operated in a nondiscriminatory manner;
- Disseminate Title VI information to its beneficiaries and stakeholders (e.g. employees, general public and any subcontractors);
- Ensure Title VI provisions are in federally funded related contracts extended to subcontractors;
- Cooperate in obtaining voluntary compliance under Title VI;
- Extend subcontracting opportunities to DBEs;
- Keep complete and accurate records which clearly show Title VI compliance. Specifically, the subrecipient is required to collect and make available to INDOT racial and ethnic data clearly showing which members of the minority community are receiving benefits.
What is federal financial assistance?
Federal financial assistance is more than just money. Federal financial assistance includes aid that enhances the ability to improve or expand allocation of a recipient's resources. Examples include:
- Training of employees
- Detail of federal personnel
- Grants, loans, tax exempt bonds
- Property or land
- Loan of personnel
- Technical assistance.
I received a notice that the project/contract I have with INDOT has been selected for a Title VI Onsite Compliance Review. What can I expect?
INDOT may select subrecipients for a compliance review based on specific evidence of existing suspected violation. Additionally, INDOT gives priority to conducting reviews of programs and activities known to have a great impact on those groups covered under Title VI or, those that have not been reviewed within the past three years.
When a subrecipient is selected for an onsite review, INDOT sends written notice of the scheduled onsite at least two weeks before the scheduled visit with a detailed request for information. Before the actual onsite, INDOT reviews the information provided by the subrecipient in response to the request for information. During the onsite, INDOT will interview the Title VI Coordinator and anyone else with knowledge of the subrecipients Title VI programs. Additionally, INDOT may tour the project site and facilities. The onsite concludes with a preliminary verbal report of INDOT's findings. A written preliminary report follows indicating whether the subrecipient is in compliance or has an existing deficiency/violation. If a deficiency or violation is observed, then the subrecipient will be afforded 30 days to remedy the deficiency or violation and to provide written documentation to INDOT clearly showing the remedial action taken or a plan of action for remedying the deficiency. INDOT may follow-up with a subrecipient to ensure ongoing compliance.
A subrecipient selected for a compliance review must give INDOT access to its records, books, accounts and facilities for INDOT to assess compliance.
During a compliance review the following subrecipient activities are reviewed:
- Content and distribution of public notices
- Facility and program access
- Civil rights training
- Data collection and analysis
- Complaint procedures
- Reporting procedures
- Title VI monitoring
What are the consequences of noncompliance with the relevant nondiscrimination laws?
If a subrecipient fails to or threatens not to comply with the Title VI, the ADA or Section 504 and declines to voluntarily correct any deficiencies through informal means, then payments on the contract may be withheld until the subrecipient complies. The contract may be cancelled, terminated or suspended in whole or part. Furthermore, other action permissible under the law includes referral to the INDOT prequalification committee, the United States Department of Justice and other proceedings under state and local law.
Where can I find EEO/Title VI Posters?
There are many sources for EEO posters containing the Title VI language. The United States Department of Labor offers posters from its website at no cost.