Approved by Board on 3/9/98
Every person having contact with Vermont Protection and Advocacy (VP&A) deserves to be treated with professionalism and respect. It is our responsibility to ensure that they receive the services which they expect and which we are able to supply, to the best standards of an advocacy organization. Meeting this responsibility means that staff must communicate clearly with prospective clients about our federal law restrictions and our client eligibility guidelines under the priorities established by the Board of Directors.
It is the policy of Vermont P&A that part of respect for our clients includes ensuring an opportunity to be heard if they believe they were not treated properly; whether they believe they were unfairly denied services; the services were inadequate; or they were not treated professionally. The complaint information and form is given to all clients when a case is open, but in addition, staff should remind clients it is available if they become aware of dissatisfaction, as well as informing non-clients of the process if they express dissatisfaction for denial of service or regarding referrals.
Staff and clients are encouraged to try to resolve misunderstandings informally, but staff also need to remember that many clients may be intimidated about making complaints and need reassurance that going ahead with a complaint is encouraged and will not result in any retribution.
The grievance may be filed using the VP&A form, any other signed written material, or by phone. If a client calls and makes a request to file their grievance by phone, then their call should be given to the Supervising Attorney. However, if the complaint involves the Supervising Attorney, then it should be referred to the Executive Director. If the complaint is taken over the phone, it needs to be read back for accuracy and then sent to the client to sign and mail back in. A self-addressed, stamped envelope will be provided for the client’s convenience.
If possible, the complaint should be filed within two months of the problem, however, this can be waived for any reasonable cause. Clients should be reminded that the longer they wait, the more difficult it may become to re-establish facts of a case. All clients should be encouraged to find a personal advocate unrelated to VP&A to assist them in the grievance process.
Grievances are to be turned in directly to the Executive Director, and the grievant shall receive an acknowledgment within a week, along with an estimate as to the time frame expected to investigate it. Investigation should be completed between one to three additional weeks, depending on complexity. The client should be regularly informed as to progress. The grievant has the right to be directly interviewed, but does not have to be if it is their choice not to be. They should be reminded that it will be more difficult to give a fair assessment without their personal explanation, and that they can have the support of their personal advocate or a friend with them.
The handling of the details of investigations is up to the managerial discretion of the Executive Director, subject to the appeal process. The determination made must be in writing.
The grievant may be appealed for any reason within a month after receiving the Executive Director's decision, by giving oral or written notice to the Executive Director. The appeals unit is the Personnel Committee of the Board of Directors. The Committee acts within its own discretion for the details of processing an appeal, but in normal cases, key witnesses are re-interviewed along with the appellant, if so desired. The appeals process is expected to be completed within a month, with a written reply to the appellant. The Executive Director shall keep the appellant informed of the Committee's progress.
Any allegations of a conflict of interest shall be referred to the Executive Committee.
Violations of this policy shall be followed under the same guidelines as established in the policy on violations of policy.
If, at any time prior to or upon the filing of a grievance it becomes evident that the complaint involves an allegation of abuse (physical, sexual, psychological or emotional)*, the normal process shall be suspended. A staff person hearing of such a complaint shall not attempt informal resolution, but rather will strongly advise the client to seek an independent advocate to assist them in filing a complaint. The Executive Director shall be immediate notified, and he/she shall inform the Executive Committee.
When the complaint is received the Executive Director will immediately turn the investigation over to the P&A pre-established independent investigator. Other than the Executive Director's responsibility for locating, retaining and supervising the investigator, no P&A staff or volunteers shall be involved in the investigation, unless contacted as witnesses. The Executive Director will ensure that the investigator maintains contact with the grievant on the progress of the investigation.
An appeal will follow the same process with the Personnel Committee as in any other case.
Sometimes, there are people we would like to help that we cannot, because their issues do not fit under the federal law guidelines or the case priorities our Board of Directors chooses, or we have too many clients for the size of our staff. We always try to give a referral for help elsewhere. Our intake specialist or an advocate will explain some of this in more detail.
Sometimes we make mistakes, or mishandle a case. Sometimes we make a client uncomfortable for some reason. Even if it is not on purpose, it is important for us to know how you felt about the way you were treated, because we learn to do a better job in the future. Therefore, we have a Grievance Procedure that we encourage you to use if you feel you need to.
Who Can Complain: You can file a grievance (make a complaint) against Vermont Protection & Advocacy (or an agency that gets money from VT Protection & Advocacy) if:
How To File a Grievance or Make a Complaint:
If by phone, tell the person who answers that you want to file a grievance. If the grievance is directed at a particular advocate/attorney, give their name. Your call will be directed to the Supervising Attorney, unless your complaint involves the Supervising Attorney, and then it will be directed to the Executive Director. They will begin by taking your name, address, and phone number and will provide a grievance form for you to complete. If you are unable to submit a grievance in writing, we can assist you. We can listen to your complaint over the phone and prepare a draft of the grievance. A copy will be mailed to you to check for any errors and to sign. A self-addressed, stamped enveloped will be provided so you can then mail the grievance back.
Whether you are calling or sending your grievance in writing, just explain what happened and the things you did not like about the help you got (or did not get) or the way you were treated. If in writing, you may use our form or your own paper. Please be sure to sign whatever you send in.
You may use a friend to help with the grievance process. Please try to make your complaint within two months of when the problem happened.
The Executive Director will get in touch with you within a week after you file your grievance, to let you know it was received, and about how long it will take to investigate.
An answer to your grievance, in writing, will take somewhere between another week and a month, depending how complicated it is and how many people have to be reached.
If you do not like the answer from the Executive Director, or if 30 days have gone by and you did not get an answer, you can appeal (complain to a higher level) to the Board of Directors of VT Protection & Advocacy.
Either ask or give a note to the Executive Director to send your grievance on to the grievance committee of the Board of Directors. You may meet with the committee if you want to tell your story in your own words, or you may write an explanation to the committee about why you are appealing, or you can just say you want to appeal because you do not like the Executive Director's answer.
The Grievance Committee of the Board of Directors has a 30 day time frame to respond, but may run into delays. If there are delays, the committee will keep you informed of what is happening.
What If the Problem Is Discrimination?
If you believe that you were discriminated against by Vermont Protection and Advocacy because of your disability, you can also complain to: