Policy 1310F
GRIEVANCES UNDER THE AMERICANS WITH DISABILITIES ACT
Reference: The Americans with Disabilities Act of 1990 (ADA); ADA Amendments Act of 2008 (Public Law 110-325)
Members of the public, students or employees who believe they have been treated unfairly or unlawfully regarding the provisions of the Americans with Disabilities Act may file a grievance.
Procedure 1310F
GRIEVANCES UNDER THE AMERICANS WITH DISABILITIES ACT
Reference: The Americans with Disabilities Act of 1990 (ADA); ADA Amendments Act of 2008 (Public Law 110-325)
Members of the public, students or employees who believe they have been treated unfairly or unlawfully regarding the provisions of the Americans with Disabilities Act may file a grievance. The Americans with Disabilities Act is hereinafter referred to as the ADA.
General
Individuals may file a grievance with the College President via the ADA Grievance
Committee. The College will grant release time, if necessary, to employees involved
in the grievance procedure. The College will pay for any administrative costs associated
with processing the grievance.
ADA Compliance Coordinator
The Vice President for Administrative Services is appointed as the College's ADA Compliance
Coordinator. The primary responsibilities of the ADA Compliance Coordinator include
helping College employees understand the ADA requirements as they apply to members
of the public, students and employees, helping to resolve concerns associated with
the ADA, and serving as the key institutional contact person regarding compliance
with the ADA.
Informal Resolution
Individuals must first attempt to resolve the problem informally with appropriate
College officials. The ADA Compliance Coordinator should be involved in this effort.
Should the grievance not be resolved satisfactorily via this informal method, then
a formal grievance may be filed as outlined below.
STEP 1: FILING A FORMAL GRIEVANCE
Individuals must file a formal grievance with the Vice President for Administrative
Services within 30 calendar days after the act or omission that caused the dissatisfaction
to occur or within 30 days after the grievant knew (or reasonably should have known)
of this act or omission. A grievance submitted after the 30 day limit will not be
considered.
The grievant must complete and return a college ADA Grievance Form to the Vice President for Administrative Services. Forms may be obtained in the Human Resources office.
In connection with this procedure, neither party (College nor the grievant) will be allowed the use of legal counsel during the hearing conducted by the Grievance Committee or during any meetings attended by both parties.
STEP 2: FORMATION OF ADA GRIEVANCE COMMITTEE
The Committee will be formed and will meet at the earliest practical date, will be
ad-hoc in nature and will consist of five members. The grievant shall submit to the
College President a list of five individuals. From this list, the College President
shall select two individuals to serve on the Committee. Independently, the College
President shall appoint the remaining three individuals to serve on the Committee,
one of whom must have some recognized expertise or significant level of knowledge
about the nature of the handicap of the grievant, if applicable, or about the ADA
requirements. After receiving the list of names from the grievant, the President has
five working-days to appoint committee members and notify the committee members of
their appointment.
The Committee shall select a chairperson from its membership at the first meeting which must occur within ten working-days after committee members have been notified of their appointment.
STEP 3: COMMITTEE'S REVIEW OF THE GRIEVANCE
The ADA Grievance Committee will hear the grievance, keep a record and issue written
findings and recommendations to the College President. The grievant will be allowed
to present his/her case to the Committee in person and will be allowed to have other
individuals in attendance (except legal counsel) speak on his/her behalf. The Committee
may consult with various individuals as necessary to assist in making a decision on
the grievance. The ADA Grievance Committee must complete its review and send its findings
and recommendations to the College President within fifteen working-days after its
first meeting.
The findings and recommendations will be sent to the College President, the ADA Compliance Coordinator, the grievant and other appropriate individuals.
STEP 4: PRESIDENTIAL REVIEW
After receiving the Committee's findings and recommendations, the College President
will rule on the grievance within fourteen working-days after having received the
findings and recommendations. His/her decision is final. A copy of the decision will
be sent promptly to the Committee members, the ADA Compliance Coordinator and to the
grievant.
Individuals have the right to file an ADA or 504 complaint with the Office of Civil Rights of the US Department of Education if they feel appropriate process was not followed.
Adopted April 22, 1993
Reformatted January 2008
Reformatted April 9, 2010
Revised May 12, 2016