ADA/504 Student Grievance Policy
Overview, Statement and Procedures
The following Grievance Policy and Procedures guidelines were developed after a careful review of a number of different grievance processes from various institutions and other resources. This document was developed in an effort to assist Disability Services providers across the State of Maryland as they create and adopt grievance statements and procedures that pertain to their own unique situations and institutions.
Please note: Many campuses in Maryland have combined their ADA/504 Grievance Policies into lengthy general non-discrimination policies and procedures. There is much discussion with DSS providers on whether this practice is advisable given the requirements to make information readily available to students.
Public entities with 50 or employees must adopt grievance procedures to resolve complaints of ADA violations (28 C.F.R. §35.107(b)). A federal agency will investigate and resolve Title II complaints (see 860). However, the Justice Department encourages public entities to resolve complaints on their own, establishing procedures on the state or local level without having to resort to federal intervention.
Justice notes in the preamble to its regulations that a complainant does not have to exhaust a public entity's grievance procedures before filing a complaint with a federal agency. Complainants generally are given extensions on filing claims for federal review if they were delayed by pursuing relief at the local level, according to the department.
28 CFR Section 35.106 Notice:
The [College/University] is required to disseminate
sufficient information to applicants, participants, beneficiaries and
other interested persons,
to inform them of their rights and protections afforded by the ADA and
this regulation. Methods of providing this information include, for
the publication of information in all handbooks, manuals, and pamphlets
that are distributed to the public to describe the [College/University's]
programs and activities; the display of informative posters in service
centers and other public places; or the broadcast of information by
or radio. [See section 35.160: Communications must be effective.] The
compliance standard is the "Reasonable Person."
This institution complies with the 1973 Rehabilitation Act and the more recent 1990 Americans with Disabilities Act as it pertains to potential students, currently enrolled students and administrators. While the procedures outlined herein may be used to resolve issues and complaints related to either the Rehabilitation Act or the ADA, these processes do not replace or supercede existing institution - specific avenues that deal with academic issues, such as attendance, academic integrity or essential or technical requirements associated with a particular specialty or academic program. Below is a brief listing of individuals who should be contacted initially, based upon the nature of the problem or issue:
When reasonable, the Coordinator/Director of Disability Support Services will assist and support the student in resolving matters related to the above issues.
Internal Grievance Policy and Procedures Policy Statement
The (Name of Institution)________________________ has created and adopted the following grievance procedures to provide prompt and equitable resolution of disputes resulting from alleged acts of discrimination based on a disability. The institution recognizes, however, that its systems and processes are constantly evolving to meet the needs of all students. In this evolutionary process, students may sometimes experience problems or perceive that there are problems with compliance on campus. Consequently, the institution has adopted the following internal multi-step appeals and grievance process for the prompt and equitable resolution of such complaints.
A. The Informal Grievance process is designed to resolve student issues and complaints at the level of the Office of Disability Support Services. To initiate this process, the student may:
B. Whether submitted orally or in writing, the complaint must be filed with the DSS Coordinator within _______ workdays from the date of the alleged violation.
C. In the Informal Grievance Process, the role of the DSS Coordinator is to investigate and mediate (see Website or contact your institution's trained mediator) the issues outlined in the complaint. The coordinator attempts to resolve matters without the complainant going to the more Formal Extended Grievance Procedures. The Coordinator must issue a written determination as to the validity of the complaint and a description of the resolution, if any, no later than ________ workdays after the complaint is filed. All documents generated by the complaint shall be maintained by the DSS Coordinator for a period of _______ years.
D. If a grievance is lodged against the Coordinator of Disability Support Services, the above procedures may be followed, with the exception that the complaint must be filed with the Coordinator's supervisor.
A. The Formal Grievance Process is initiated by filing a written complaint addressed to:
________________________________ (Varies by Institution)
C. The complaint must be filed within ________ workdays of the alleged violation.
D. An investigation of the complaint shall be initiated by an ADA Grievance Committee. The [college or university] and Committee should include a person with the knowledge of a disability and often includes the Dean, Department chairperson, counselor and varies from one institution to the other. The complainant and any individuals involved with the complaint shall be given an opportunity to meet with this committee who will render a decision in the matter at the same time.
E. A written decision as to the validity of the complaint and a description of the resolution shall be forwarded to the complainant no later than _________ workdays after the complaint is filed.
F. The decision of the ADA Grievance Committee may be appealed to according to the institution's appeals policy.
EXTERNAL GRIEVANCE PROCESS
Although a student is encouraged to seek resolutions to grievances within the institution's procedures and processes, s(he) has the right to file any grievance directly with the following agencies; at any time:
Maryland Commission on Human Relations
United States Department of Education
The Statue of Limitations for filing a complaint with OCR is 180 days
from the time the incident occurred.
ADA/504 Grievance Policies in MSWord
Table of Contents
Last updated 6/22/02 [merrick]