Section 525-RICR-10-00-2.13 - Grievance Procedures Regarding Complaints Alleging Discrimination by a State Agency on the Basis of Disability2.13.1 Filing ComplaintsA. The complainant must file with the Commission a GCD Disability Rights Complaint and Mediation Request Form for complaints concerning employment discrimination or government services discrimination. 1. The complainant may file a taped audio complaint. 2. Every complaint must include the following information: a. A description of the alleged discriminatory act(s) and the date(s) of occurrence;b. The state agency and if possible state employees involved; andc. Possible resolution(s).3. Within two (2) business days, the Commission's Assistant ADA Coordinator will: a. Determine the deadline for filing a formal complaint/suit and advise the complainant of the federal & state enforcement agencies' deadline(s) and the time it could take to mediate the complaint; andb. Forward the complaint to the respondents' ADA Coordinator identified therein.2.13.2 Respondent Agency's Investigation and ResolutionA. The respondent's ADA Coordinator will contact the complainant and attempt to resolve the complaint within fifteen (15) business days of receipt of a complaint; the Respondent's ADA Coordinator shall report the status of the complaint to the Commission as follows: 1. When the parties have an agreement that resolves the complaint: the Respondent's ADA Coordinator shall submit to the Commission the GCD Mediation Status Report Form signed by all parties). The parties shall also execute in duplicate a written agreement, which sets forth the specific stipulations of the settlement, and each party shall retain a signed copy of that agreement. However that agreement shall not be provided to the Commission.2. When the parties have agreed to an extension of time to reach possible agreement on a resolution: the Respondent's ADA Coordinator shall submit to the Commission the Mediation Status Report, signed by all parties, which sets a new deadline.3. When the parties cannot resolve the complaint: the Respondent's ADA Coordinator shall submit to the Commission the GCD Agency Level Mediation Report, and the matter shall be referred to mediation or dismissed by the Commission.2.13.3 Mediation or Dismissal A. Based on the Agency Level Mediation Report, submitted by the respondent's ADA Coordinator, the Commission's Chairperson or Executive Secretary may dismiss the complaint without prejudice, in which case the Commission shall advise the complainant about the available procedures for filing a charge with state and/or federal enforcement agencies.B. If the Commission does not dismiss the complaint, the Commission shall mail all parties the GCD Mediator Selection Form,1. Requesting the parties identify which potential mediators listed are unacceptable, and return the form within twenty-five (25) business days; and2. If one or more of the parties has not returned the Mediator Selection Form within twenty-five (25) business days of it's mailing, then the Commission shall close the complaint and advise the complainant of the enforcement process.C. Upon receipt of the Mediator Selection Form from the complainant and respondent, the Commission will appoint two (2) volunteer (trained) mediators: one (1) from a state agency (not involved in the dispute) and one (1) from the disability community, who are acceptable to all parties involved. In the event that there are not two mediators acceptable to all the parties, the Commission will select the two (2) least objectionable mediators.D. The mediation team shall meet with all parties to assist them to resolve the complaint. The mediation team may meet separately, with each party if necessary or appropriate.E. The mediation team shall attempt to resolve the complaint within twenty-five (25) business days following their appointment. The parties may extend this twenty-five (25) day deadline by agreeing to additional mediation sessions. The mediation team shall file a Mediation Status Form on their efforts with the Commission, at the end of each mediation session, which the parties shall initial.F. If the parties resolve the complaint during mediation, they shall execute in duplicate an agreement stipulating the terms of the resolution. The mediation team shall sign the agreement as witnesses. Each party shall retain a signed copy of the agreement. The parties shall not submit a copy of the agreement to the Commission. However, the mediation team shall complete the final Mediation Status Form indicating the type of resolution (initialed by all parties) and submit to the Commission.G. Mediations conducted under the auspices of the Commission shall conform to the mediation confidentiality provisions of R.I. Gen. Laws § 9-19-44.525 R.I. Code R. 525-RICR-10-00-2.13