Pikes Peak Workforce Center WIOA Grievance Procedures
Any individual or agency that believes the Pikes Peak Workforce Center (PPWFC) has violated provisions of the Workforce Innovation and Opportunity Act (WIOA), applicable federal regulations, PPWFC’s approved five-year plan or any other agreements under the PPWFC, shall be afforded the opportunity to resolve a formal complaint within 60 days.
(1) Informal Resolution
Before filing a formal written WIOA complaint, individuals or agencies having a complaint against the PPWFC are urged to first attempt to resolve their complaint informally by working with appropriate PPWFC staff members and their immediate supervisors.
(2) Formal Written Complaint
PPWFC Hearing Officer1675 Garden of the Gods RoadColorado Springs, CO 80907lilythorzech@elpasoco.com
(3) Staff/Supervisor Review
Within seven (7) calendar days, the PPWFC staff member and/or immediate supervisor shall provide a written ruling on the WIOA complaint. The ruling shall immediately be forwarded to the PPWFC Program Monitor/Hearing Officer and a copy of the ruling shall immediately be mailed to the complainant.
(4) Management Review
If the complainant is not satisfied with the outcome of Step 3, they may appeal the staff/supervisor ruling and request their complaint be reviewed by PPWFC management. The complainant’s request for a management review must be in writing and must be received by the PPWFC Program Monitor/Hearing Officer within five (5) calendar days of the date of the staff/supervisor ruling (step 3).
The Program Monitor will immediately forward the WIOA complaint, along with any prior rulings, to the PPWFC Program Manager and/or Operations Manager for resolution. Within 7 calendar days, the Program and/or Operations Manager shall provide a written ruling on the complaint. The ruling shall immediately be forwarded to the PPWFC Program Monitor/Hearing Officer and a copy of the ruling shall immediately be mailed to the complainant.
(5) Formal Hearing
If the complainant is not satisfied with the outcome of Step 4, they may appeal the management review ruling and request a formal hearing of their WIOA complaint. The complainant’s request for a hearing must be in writing and must be received by the PPWFC Program Monitor/Hearing Officer within five (5) calendar days of the date of the management review ruling (step 4).
Within three (3) calendar days of receiving the request for a formal hearing, the Program Monitor/Hearing Officer will send a written notice of formal hearing of the complaint to the complainant, respondent and other appropriate parties.
The notice of hearing will be sent at least 14 calendar days prior to the scheduled hearing date to permit adequate preparation by all involved parties. The hearing notice will include the date, time and place of the hearing. Hearing procedures are provided in Attachment B (below, at the bottom of this webpage).
The Program Monitor/Hearing Officer will issue complainants and respondents a written decision regarding the complaint within seven (7) calendar days of the conclusion of the hearing.
Note: In lieu of a formal hearing, an arbitrator/mediator may be made available in coordination with the Director, El Paso County Department of Employment and Risk Management, to assist the complainant and/or agency jointly toward an informal resolution. If mediation/arbitration is utilized, the ruling by the arbitrator is final and may not be appealed by either party. The complainant must approve and confirm in writing their desire to have their complaint handled by an arbitrator/mediator.
(6) Appeal to the Director of the PPWFC
If the complainant or respondent is not satisfied with the outcome of Step 5, they may appeal the formal hearing ruling and request that the Director of the PPWFC review the WIOA complaint. Both complainants and respondents may request a review by the Director of the PPWFC. Such requests must be in writing and must be received by the PPWFC Program Monitor/Hearing Officer within five (5) calendar days of the date of the hearing ruling (step 5).
The Program Monitor will immediately forward the complaint along with all prior rulings and hearing materials to the Director of the PPWFC for resolution. Within 6 calendar days, the Director of the PPWFC shall provide a written ruling on the complaint and a copy of the ruling shall be mailed to the complainant or respondent by the PPWFC Program Monitor. This step represents the final decision in the local complaint procedure.
(7) Appeal to the Colorado Department of Labor and Employment
An appeal to the State may be made when: (1) no decision is reached within 60 days of the filing of the original written complaint; or (2) the complainant is dissatisfied with the decision of the Executive Director, PPWFC. The appeal to the State must be made in writing within ten (10) calendar days of the final decision made by the Executive Director of the PPWFC or within 15 days from the date on which the complainant should have received a timely decision. The appeal must contain a specific statement of the grounds upon which the appeal is sought. A copy of the written, formal complaint submitted by the complainant to the PPWFC, a transcript or recording of the hearing proceedings, and a copy of the written decision made by the Executive Director of the PPWFC must also be submitted with the appeal. The complaint shall be processed by the Colorado Department of Labor and Employment (CDLE) within 60 days of the receipt of the appeal. Additional state appeal processing procedures also apply.
Colorado Department of Labor and Employment
ATTN: State Grievance Administrator/Director Workforce Development Programs 633
707 17th Street, Suite 2700 Denver, CO 80202
(8) Appeal to the U.S Department of Labor
Should the Executive Director of the Colorado Department of Labor and Employment not render a decision, or if the complainant is not satisfied with the Director’s decision, an appeal may be made to the Secretary of Labor by contacting both of the following offices:
The Colorado Department of Labor and Employment Executive Director’s decision is final unless the Secretary of Labor exercises authority for Federal-level review.
Secretary of Labor
Attention: ASET
U.S. Department of Labor
Washington D.C., 20210
ETA Regional Administrator
U.S. Department of Labor
525 Griffin Street, Dallas, TX 75202
COMPLAINTS OF DISCRIMINATION UNDER WIOA
Complaints of discrimination may be filed with the Colorado Department of Labor and Employment and/or Director of the U.S. Department of Labor Civil Rights Center. Complainants will contact the PPWFC EEO Officer (lilythorzech@elpasoco.com) for the prescribed procedure for filing a discrimination complaint.
Colorado Department of Labor and Employment
Office of Employment and Training Programs
Attention: EEOP Administrator
707 17th Street, Suite 2700 Denver, CO 80202
Phone: 303-318-8206 or 800-894-7730
TDD: 303-318-9016
Director of Civil Rights
Civil Rights Center
U.S. Department of Labor
200 Constitution Avenue, NW, Room, N-4123
Washington, D.C. 20210
ATTACHMENT B Section
INSTRUCTIONS FOR FILING FORMAL WIOA GRIEVANCE WITH THE PIKES PEAK WORKFORCE CENTER
Program Monitor/Local Hearing Officer Address:
Program Monitor/Hearing Officer Pikes Peak Workforce Center (PPWFC)
1675 Garden of the Gods Road; Suite 1107 Colorado Springs, CO 80907
Formal written complaints must contain the following information:
- Full name, mailing address and phone number of the party or parties filing the complaint.
- Full name, mailing address and phone number of the party or parties responsible for the alleged violation or incident leading to the complaint.
- A clear, concise statement of the facts of the complaint and the nature of the alleged violation.
- A list of specific damages the complainant has suffered as a result of the alleged actions by the PPWFC or the person, employer or agency in question.
- A list of specific attempts the complainant has made to date to resolve the complaint with the PPWFC or the person, employer or agency in question.
- The dates of the alleged incident or violation and additional factual information supporting the complainant’s allegations.
- The complainant shall outline what remedy they are seeking that will resolve the complaint.
Hearing Procedures:
The PPWFC Program Monitor is the designated Hearing Officer for the PPWFC. No individual will hear or decide on issues in cases where he or she is an interested party. Should such situation arise, an outside, impartial person will be recruited to conduct the proceedings and issue decisions which reflect WIOA, its regulations and other applicable laws.
- Hearings will cover only those issues listed in the hearing notice, per the written letter of complaint.
- Full and complete records will be kept of all hearing proceedings. All testimony will be recorded and the hearing record will be retained for three years.
- Individuals and parties involved in hearing proceedings have the right to be represented by counsel or other authorized agents. PPWFC shall not liable for costs of legal counsel or representation incurred by the complainant.
- All parties have the right to present witnesses and evidence.
- All parties have the right to question witnesses and other parties.
- The burden of proof rests with the complainant to demonstrate that their allegations are true, based on a preponderance of evidence.
- The Hearing Officer will issue complainants and respondents a written decision regarding the complaint within 10 calendar days of the conclusion of the hearing. Written decisions will include:
- A statement of the violations alleged by the complainant;
- Findings of fact;
- Conclusions of law;
- A decision;
- Relief requirements and corrective actions
- The date the decision will become final; and
- Notice of the right to appeal to the Director.
Complaint Procedure Processing Timelines:
Adjustments to the WIOA complaint processing timeline may be requested by either the complainant or respondent. Timelines may be adjusted based upon such requests, but only if approved by the other party and confirmed in writing.
