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.

Overview

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 example, 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 television or radio. [See section 35.160: Communications must be effective.] The compliance standard is the "Reasonable Person."

Introduction

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:

1. Grades - Academic Department (faculty, chair, dean)
2. Financial Aid - Financial Aid Office (Counselor, Director)
3. General Complaints - Office of Student Affairs/Student Development
4. Parking - Parking Office, Campus Police, Parking Advisory Committee
5. Sexual Harassment - Office of Equity and Diversity/Affirmative Action

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.

STEP I - INFORMAL GRIEVANCE PROCESS

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:

1. Lodge the complaint orally with the Coordinator of Disability Support Services. If, or when, the complaint is made orally, the DSS Coordinator should obtain the following information from the complainant:
• Date the complainant lodged complaint
• Date of alleged incident
• Parties involved
• Witnesses (if applicable)
• Brief description of allegation(s)
• Action taken by the DSS Coordinator
• Notation pertaining to whether the complainant was satisfied with the outcome of the investigation and mediation.
• If the proposed resolution of the complaint is not satisfactory, indicate whether students chose to initiate Formal Grievance Procedures and/or the External Grievance Process.
2. Lodge the complaint in writing. If the complaint is submitted in writing, it must contain all of the elements previously noted in A.

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.

STEP II - FORMAL GRIEVANCE PROCESS

A. The Formal Grievance Process is initiated by filing a written complaint addressed to:

________________________________

________________________________ (Varies by Institution)

________________________________

________________________________

B. Written complaints must contain the following information:

1. All of the information outlined under Section A1.
2. Whether or not the complainant participated in the institution's Informal Grievance Process. If "yes," please attach a description of the outcome of this process.
3. A description of any remedies sought to resolve the complaint.

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
20 East Franklin Street
Baltimore, MD 21202

United States Department of Education
Office for Civil Rights
3535 Market Street, Room 6300
Philadelphia, PA 19104-3326

The Statue of Limitations for filing a complaint with OCR is 180 days from the time the incident occurred.