ADA/ADAAA AND SECTION 504 GRIEVANCE PROCEDURES

The University is committed to and complies with the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act of 2008 (ADAAA) and Section 504 of the Rehabilitation Act of 1973. This process is designed to ensure that reasonable, appropriate accommodations are provided to all qualified students in a timely manner.

Any University student who alleges that he or she has been denied access or accommodations required by law and/or experienced discrimination on the basis of disability, including allegations of disability harassment, shall have the right to invoke the ADA/ADAAA and Section 504 Grievance Procedures. During this process, if it is determined that discrimination or harassment has occurred; appropriate corrective and remedial actions will be taken.

Informal Grievance Procedure

With respect to any grievance covered under this policy, a student may elect to directly discuss his/her concerns with the individual to achieve resolution. Participation in the informal process is not required; a student may elect to initiate the formal grievance procedures without engaging in the informal process.

Formal Grievance Procedures

A student may elect to resolve his/her compliant via the following:

  1. Complaint not directed at the Coordinator for the Office for Academic Success (OAS):
    1. Grievances must be submitted to the Coordinator of the OAS within 30 days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
    2. A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
    3. The Coordinator of the OAS (or his/her designee) shall conduct an investigation of the complaint. This investigation must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint.
    4. The Coordinator of the OAS will maintain the files and records relating to the complaints filed.
    5. The individual who conducts the investigation will issue a written decision on the grievance no later than 30 days after its filing.
    6. The person filing the grievance may appeal the decision of the investigator by writing to the University Compliance Officer within 15 days of receiving the investigator’s letter. The University Compliance Officer shall issue a written decision in response to the appeal no later than 30 days after its filing.
    7. The President shall serve as the final appellate review within the University. If the person filing the complaint feels the appropriate process has not been followed they may appeal to the President within 15 days of receiving a decision from the University Compliance Officer.
  2. Complaint directed at the Coordinator for the Office for Academic Success:
    1. Grievances must be submitted to the University Compliance Officer within 30 days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
    2. A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
    3. The University Compliance Officer (or his/her designee) shall conduct an investigation of the complaint. This investigation must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint.
    4. The University Compliance Officer will maintain the files and records relating to the complaints filed.
    5. The individual who conducts the investigation will issue a written decision on the grievance no later than 30 days after its filing.
    6. The person filing the grievance may appeal the decision of the investigator by writing to the Provost within 15 days of receiving the investigator’s letter. Provost shall issue a written decision in response to the appeal no later than 30 days after its filing.
    7. The President shall serve as the final appellate review within the University. If the person filing the complaint feels the appropriate process has not been followed they may appeal to the President within 15 days of receiving a decision from the Provost.

The availability and use of the informal and/or formal grievance procedure(s) does not prevent a person from filing a complaint of discrimination on the basis of disability with the United States Department of Education, Office for Civil Rights.

Confidentiality

University officials maintain confidentiality with regard to complaints, grievances and consultations; exceptions may be made to comply with the requirements of litigation, court proceedings, or campus officials having an official need to know. If the disclosure of information to another person is necessary to proceed with an investigation, the grievant will be advised first and consulted on whether and/or how to proceed.

Accessibility

Any person who wishes to have the ADA/ADAAA and Section 504 Grievance Procedures explained should make an appointment with either the Coordinator of the Office for Academic Success (OAS) or the University Compliance Officer. Any person who would like to receive a copy of the ADA/ADAAA and Section 504 Grievance in an alternate format should contact the Coordinator of the Office for Academic Success (OAS).