Purpose and Notice of Non‐Discrimination

Trust for Public Land (TPL) is committed to providing an inclusive and welcoming environment for our staff, volunteers, community members, and contractors. We do not discriminate and do not tolerate discrimination based on actual or perceived race, color, national origin, ancestry, citizenship status, religion, sex, gender identity or expression, sexual orientation, disability, age, marital status, family or parental status, or veteran status in any of our programs, activities, or operations which include, but are not limited to, employment practices, volunteer, community, and public engagement, provision of services, and selection of contractors.

TPL prohibits all forms of discrimination, intimidation, and retaliation and is committed to providing equal access to educational and employment opportunities for all individuals.

Trust for Public Land is an equal opportunity employer. We do not discriminate, and we affirmatively take measures to ensure against discrimination in employment, recruitment, compensation, promotions, termination, and other conditions of employment against any employee or job applicant based on the characteristics listed above in all of our programs, activities, and operations. Employees can obtain more detailed information, including the process for submitting a discrimination or harassment complaint in TPL’s Employee Handbook and Workplace Anti‐Discrimination and Anti‐Harassment Policy.

In accordance with federal policy for funding recipients, Trust for Public land has established this Grievance Procedure to ensure prompt and fair resolution of complaints alleging violations of 40 CFR Parts 5 and 7, including Title VI, Section 601 of the 1964 Civil Rights Act (prohibits discrimination based on race, color, or national origin including language), Section 504 of the Rehabilitation Act of 1973 (prohibits discrimination based on disability), Title IX of the Education Amendments of 1975 (prohibits discrimination based on sex in education program or activities), and Age Discrimination Act of 1975 (prohibits discrimination based on age) in the administration of TPL’s programs and activities.

Point of Contact

TPL’s designated civil rights coordinator is:
Malcolm Carson, Senior Vice President, General Counsel
Mailing address: 23 Geary Street, Suite 1000, San Francisco, CA 94108
Email: malcolm.carson@tpl.org
Office phone #: (415) 800‐5188

TPL’s civil rights coordinator is the initial point of contact for all grievances. They are responsible for overseeing and guiding the complainant through this process. The Point of Contact manages files and records of complaints pertaining to Trust for Public Land. In addition, they are responsible for coordinating the correct person(s) at TPL to ensure the grievance is addressed efficiently and correctly.

Who can file a discrimination complaint?

Anyone who believes that they or a class of persons have been discriminated against may file a complaint with the Trust for Public Land’s civil rights coordinator. Complaints must be in writing and signed by the complainant or the complainant’s representative and must include contact information for the complainant or their representative. A complaint may be submitted in the preferred language of the complainant.

What is the procedure for filing a 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 Trust for Public Land as follows.

The complaint must:

1. be in writing and delivered via email or mail (complaints via other channels, such as through social media, may not be received by TPL’s civil rights coordinator and therefore will not be considered a valid written complaint);
2. be filed within sixty (60) days of an alleged violation of TPL’s Non‐discrimination Policy;
3. with specificity, describe the action or actions by TPL that allegedly result in discrimination or retaliation;
4. describe the discrimination that allegedly occurred or will occur as a result of that action (or actions) with as much detail as possible; and
5. identify the individuals or groups affected or potentially affected by the alleged discrimination.

TPL may request additional information from the complainant if needed to meet the complaint requirements described above. TPL may waive the 60‐day requirement (in item #2 above) 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 sixty (60) days after an alleged violation.

The complaint, and any other additional information provided to TPL, may be submitted in the preferred language of the complainant. Additionally, any person who needs more information or assistance with submitting a complaint, or who needs an accommodation for an alternate means of submission due to disability, language needs, or any other reason, can call or email the TPL’s civil rights coordinator (see the “Point of Contact” section above). TPL will make reasonable accommodations in its policies and procedures which are necessary to allow persons with limited English proficiency or disabilities full access to the complaint submission and investigative process.

Within ten (10) business days of receiving a written complaint, Trust for Public Land 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). TPL’s response may request any additional information needed to meet the complaint requirements above. Within fifteen (15) business days of receiving any additional information, Trust for Public Land will provide the complainant with written notice that the complaint submission is complete and the matter is under review.

How does TPL investigate a complaint?

TPL treats all complaints and investigations confidentially to the extent possible, and information is disclosed strictly on a need‐to‐know basis. The identity of the complainant will be revealed to those involved during the investigation to the minimum extent possible, and TPL’s civil rights coordinator will take adequate steps to ensure that the complainant is protected from intimidation and retaliation during and after the investigation.

Based on information in the complaint and other information available, TPL will determine whether the complaint has sufficient merit to warrant an investigation. TPL’s civil rights coordinator may reach out for additional information to work towards informal resolution of the complaint through direct communication with the complainant or their representative.

A complaint will be considered to merit investigation unless:

1. It clearly appears to be frivolous;
2. It is not timely and good cause does not exist for waiving the timing requirement described above;
3. Within the time allotted for determining investigative merit, the complainant withdraws the complaint; or
4. Within the time allotted for determining investigative merit, TPL voluntarily concedes noncompliance and agrees to take appropriate remedial action, or reaches an informal resolution with the complainant.

If TPL’s civil rights coordinator (or their designee) determines the complaint submittal warrants further investigation, they will review the alleged facts to determine whether the preponderance of the evidence shows that the alleged violation of this Policy occurred. The investigation may include interviews of TPL employees, contractors, volunteers, other relevant witnesses, or others named in the complaint.

What happens when the investigation is concluded?

Within ninety (90) days of initiating an investigation (and no later than 120 days after accepting a written complaint), TPL will respond to the complainant with a written decision as to whether discrimination is found and describing the investigation process and any corrective actions (if applicable). The written decision will be based on a preponderance of the evidence standard. Nothing in this Policy may prevent the complainant from pursuing other legal or administrative remedies through local, state, or federal agencies or the courts.

TPL 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, TPL will assess the feedback from federal agency staff, TPL employees, contractors, and other constituents, as well as from the public.

Non‐Retaliation

Trust for Public Land explicitly prohibits retaliation or intimidation against any individual for utilizing this Non‐ Discrimination Policy and Grievance Procedure, or for any purpose, including interference with any right or privilege guaranteed under any state or federal statutes or regulations because that individual has filed a complaint, participated in any way in an investigation of discrimination, 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 or intimidation should be reported to the TPL’s civil rights coordinator, above, and will be handled promptly and fairly pursuant to this Grievance Procedure.

Declaración de no discriminación de TPL

Trust for Public Land se compromete a proporcionar un entorno inclusivo y acogedor para nuestro personal, voluntarios, miembros de la comunidad y contratistas. No toleramos la discriminación basada en la raza, color, origen nacional, ascendencia, estatus de ciudadanía, religión, sexo, identidad o expresión de género, orientación sexual, discapacidad, edad, estado civil, estado familiar o parental, o condición de veterano en ninguna de nuestras actividades u operaciones que incluyen, pero no se limitan a, prácticas de empleo, participación voluntaria, prestación de servicios y selección de contratistas.

Trust for Public Land es un empleador que ofrece igualdad de oportunidades. No discriminamos y tomamos medidas afirmativas para garantizar que no se discrimine en el empleo, contratación, compensación, ascensos, despido y otras condiciones de empleo a ningún empleado o solicitante de empleo en función de las características enumeradas anteriormente en cualquiera de sus actividades u operaciones.

Los empleados pueden obtener información más detallada, incluyendo el proceso para presentar una queja por discriminación o acoso en el Manual del empleado de TPL y la Política contra la discriminación de TPL.

Para aquellos que no son empleados de TPL, si usted cree que ha sido objeto de cualquier forma de discriminación ilegal por parte de cualquier empleado o contratista de TPL, por favor comuníquese con Malcolm Carson, asesor jurídico general y coordinador designado de derechos civiles de TPL en malcolm.carson@tpl.org.