§ 2556.360 - How may a VISTA bring a grievance?

§ 2556.360 How may a VISTA bring a grievance?

(a) Bringing a grievance—Step 1.

(1) While If a VISTA is currently enrolled in the VISTA program , or was enrolled in the VISTA program within the past 30 calendar days, a VISTA may bring a grievance to the sponsor or subrecipient where he or she is assigned to serve they may, within 15 calendar days that the of an event giving rise to the a grievance occurs, or within 15 calendar days after becoming aware of the eventsuch an event, bring a grievance to the sponsor or subrecipient where they are assigned to serve. If the grievance arises out of a continuing condition or practice that individually affects a VISTA, while enrolled the VISTA may bring it at any time while he or she is during their enrollment that they are affected by a the continuing condition or practice.

(2) A VISTA brings a grievance by presenting it in writing to the executive director, or comparable individual, of the sponsoring organization where the VISTA is assigned , or to the sponsor's representative who is designated to receive grievances from a VISTA.

(3) The sponsor shall must review and respond in writing to the VISTA's grievance , within 10 calendar days of receipt of the written grievance. The sponsor may not fail to respond to a complaint raised by a VISTA on the basis that it is not an actual grievance, or that it is excluded from coverage as a grievance, but may, in the written response, dismiss the complaint and refuse to grant the relief requested on either of those grounds to grant the requested relief.

(4) If the grievance brought by a VISTA involves a matter over which the sponsor has no substantial control or if the sponsor's representative is the supervisor of the VISTA, the VISTA may pass over the procedure set forth in paragraphs (a)(1) through (3) of this section , and present the grievance in writing directly to the State Program DirectorDeputy Regional Administrator, as described in paragraph (b) of this section.

(b) Bringing a grievance—Step 2.

(1) If, after a VISTA brings a grievance as set forth in paragraphs (a)(1) and (2) of this section, the matter is not resolved, he or she they may submit the grievance in writing to the appropriate State Program DirectorDeputy Regional Administrator. The VISTA must submit the grievance to the State Program Director Deputy Regional Administrator either:

(i) Within seven calendar days of receipt of the sponsor's response of the sponsor; or,

(ii) In the event the sponsor has does not issued issue a response to the VISTA within 10 calendar days of its receipt of the written grievance, within 17 calendar days of the sponsor's receipt of the written grievance.

(2) If the grievance involves a matter over which either the sponsor or subrecipient has no substantial control, or if the sponsor's representative is the supervisor of the VISTA, as described in paragraph (a)(4) of this section, the VISTA may pass over the procedure set forth in paragraphs (a)(1) through (3) of this section, and submit the grievance in writing directly to the State Program DirectorDeputy Regional Administrator. In such a case, the VISTA must submit the grievance to the State Program Director Deputy Regional Administrator within 15 calendar days of the event giving rise to the grievance occurs, or within 15 calendar days after becoming aware of the event.

(3) Within ten working days of receipt of the grievance, the State Program Director shall Deputy Regional Administrator will respond in writing, regardless of whether or not the matter constitutes a grievance as defined under this grievance procedure , and/or is timely submitted. In the response, the State Program Director Deputy Regional Administrator may determine that the matter submitted as a grievance is not grievable, is not considered a grievance, or fails to meet the time limit for response. If the State Program Director Deputy Regional Administrator makes any such determination, he or she they may dismiss the complaint, setting forth the reason(s) for the dismissal. In such a case, the State Program Director Deputy Regional Administrator need not address the complaint on the merits, nor make a determination of the complaint on the merits.