The Workforce Investment Act (WIA) Title II and the U.S. Department of Education (USDE/DAEL) have promulgated rules that require the State to have a written Complaint/Grievance Procedure to address any “expressed dissatisfaction about the program or activity from an applicant, participant, recipient, other interested person, when the dissatisfaction arises either from program operations or working conditions…” [184.108.40.206 NMAC]. “These procedures shall be implemented by the SAE, NMWDAs/LWDBs and their WIA subrecipients, WIA partner agencies/entities, any receiver of WIA funds, and other interested parties” [220.127.116.11 NMAC].
A. Informal Complaint or Grievance Procedure Note: This informal procedure does not apply to EEO related matters.
If an ABE program has a complaint or grievance against an action conducted by their parent institution, the ABE program must follow the complaint or grievance procedures of that parent institution.
If an ABE program has a complaint or grievance against the NMHED Adult Basic Education Division, the ABE program must notify the State Director of Adult Basic Education Division in writing (by email or U. S. Postal Service) of the complaint or grievance in order to give the State Director of Adult Basic Education Division an opportunity to respond to and resolve the complaint at the lowest level possible. The written complaint or grievance must include a factual description of the alleged actions, what was said, date(s), time, location, including the name and contact information about whom the complaint or grievance is being registered, and a copy of the complaint must be provided to the person(s) against whom the complaint is being registered. The complainant must include his/her current contact information so that the State Director of Adult Basic Education will be able to obtain additional facts about the complaint.
If the State Director of Adult Basic Education Division is not able to resolve the complaint or grievance to the satisfaction of the complainant, then the ABE program may file a formal complaint with the New Mexico Department of Labor, according to TITLE 11 LABOR AND WORKERS’ COMPENSATION, CHAPTER 2, JOB TRAINING, PART 15, WORKFORCE INVESTMENT ACT (WIA) GRIEVANCE PROCEDURES [18.104.22.168 et seq. NMAC].
B. Formal Complaint or Grievance Procedure
Please refer to TITLE 11 LABOR AND WORKERS’ COMPENSATION CHAPTER 2 JOB TRAINING PART 15 WORKFORCE INVESTMENT ACT (WIA) GRIEVANCE PROCEDURES [22.214.171.124 et seq. NMAC].