Purpose  

Legal Services for Maine Elders (LSE) is committed to providing equal access to its programs and services and to resolving grievances promptly and fairly. This Grievance Procedure provides a process for individuals to raise concerns about discrimination, denial of access, failure to provide reasonable modifications or appropriate auxiliary aids and services, harassment, or retaliation related to nondiscrimination obligations, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, as applicable.

Scope

This procedure applies to grievances alleging discrimination or unequal access in LSE programs or services.

Who may file

Any person who is affected may file a grievance, but it must be filed by the affected person or that person’s legal representative.

Section 504 Coordinator

The Section 504 Coordinator is responsible for the administrative aspects of receiving a grievance.

Section 504 Coordinator:
Michelle Lachapelle, Office Manager
Legal Services for Maine Elders
5 Wabon Street, Augusta, ME 04330
(207) 621-0087

How to file a grievance

A grievance may be submitted by any means of communication (written or oral), including in person, by phone, by mail, or by email. LSE does not currently provide a web form.

A grievance should include, if possible:

  • The name and contact information of the affected person (or legal representative) 
  • A description of what happened and when
  • The program or service involved
  • The requested resolution or remedy

If a grievance is submitted orally, LSE will offer to assist the person in reducing it to writing, but an oral grievance is still considered filed when received.

Deadline to file

A grievance must be filed within 180 days of the alleged incident or of the date the affected person became aware of the issue. LSE may accept a late grievance for good cause when fairness requires (for example, hospitalization or other barriers to timely filing).

Acknowledgment and initial review

LSE will acknowledge receipt of the grievance within 5 business days, when contact information is available. The Section 504 Coordinator will refer the grievance to the Litigation Director unless the grievance involves the Litigation Director. If the grievance involves the Litigation Director, the 504 Coordinator will refer the grievance to the Executive Director. The person to whom the grievance is referred is the Grievance Reviewer. The Grievance Reviewer will conduct an initial review to confirm that: 

  • The grievance is within scope, and 
  • The grievance was filed by the affected person or their legal representative. 

If the grievance is outside scope, LSE will notify the filer and, when feasible, provide information about any more appropriate process.

Investigation

The Grievance Reviewer will coordinate a prompt, fair investigation. Investigation steps may include:

  • Interviewing the affected person or representative and relevant staff
  • Reviewing documents or other information
  • Considering requested modifications, aids, or other remedies

Both the filer and LSE staff will have an opportunity to provide relevant information.

Written decision

The Grievance Reviewer will issue a written decision within 45 calendar days of receiving the grievance, when contact information is available. The written decision will include:

  • A summary of the issues presented
  • The findings and conclusions
  • Any corrective action or remedy, if applicable
  • Notice of the right to appeal under this procedure

Extensions

If LSE needs more time, LSE will provide written notice of the reason for the extension and a new target date.

Informal resolution option

At any point, the filer may request, or LSE may propose, an informal resolution (for example, a facilitated conversation or agreement on corrective steps). Informal resolution is voluntary and is not required as a condition of filing or pursuing a grievance. The filer may end informal resolution at any time and request continuation of the formal process.

Appeal

If the filer disagrees with the written decision, the filer may appeal.

  • Deadline: The appeal must be submitted to the Chair of the Board of Directors within 15 business days after the written decision is issued.
  • Appeal decision-maker: The appeal is decided by the Chair of the Board of Directors.
  • Decision timeframe: LSE will issue a written appeal decision within 30 calendar days of receiving the appeal, when contact information is available.
  • Contents: The appeal decision will state the outcome and any additional corrective action or remedy.

Conflicts of interest and reassignment

To protect fairness, the Executive Director will reassign responsibility of the Section 504 Coordinator or the Grievance Reviewer when a conflict exists. If the grievance involves the Board Chair, the Board will choose another officer to consider any appeal.

Retaliation is prohibited

LSE prohibits retaliation against any person for filing a grievance, participating in an investigation, opposing discrimination, or requesting an accommodation or modification. Retaliation concerns may be raised through this grievance process and will be addressed promptly.

Confidentiality and records

LSE will handle grievances with appropriate discretion and will share information on a need-to-know basis to investigate and resolve the matter. LSE will keep grievance records for 6 years from the date the matter is closed, unless a longer retention period is required by law or funding requirements.

Accessibility and assistance

LSE will provide this procedure and related communications in alternative formats upon request and will provide appropriate auxiliary aids and services when needed for effective communication. Individuals may request assistance in filing a grievance or participating in the process.

External options

Using this procedure is not required to pursue other remedies. A person may also choose to file a complaint with the relevant federal or state agency responsible for enforcing nondiscrimination requirements.