Grievance Procedure for Students in Cases of Alleged Discrimination on the Basis of a Disability
Elizabethtown College policy and federal law prohibit discrimination on the basis of a disability. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 require that a grievance procedure be available to a student who wishes to contest an administrative or faculty decision regarding documented disability-related accommodations and/or issues.
When a student wishes to contest an administrative or faculty decision regarding disability related accommodations and/or issues, s/he should make every attempt to resolve the problem through informal discussions with the person claimed to be responsible for the contested decision or act. If the student is unable to resolve the issue directly with that person, s/he should involve the Director of Disability Services for advice or help in negotiating a solution. The student may also contact that person's supervisor to assist in the informal resolution process.
Attempts to informally resolve the contested decision or act should occur within thirty (30) calendar days of the contested decision or act. If the issue cannot be resolved by communication, education, and/or negotiation to the student‘s satisfaction through the informal process, she/he may follow the formal process set forth below.
The student may file in writing a formal grievance with the Dean of the Faculty (for academic issues) or Dean of Students (for student life issues) – hereafter referred to as "the Dean.” The grievance statement should be as specific as possible regarding the decision or action(s) that precipitated the grievance: date, place, and people involved; efforts made to settle the matter informally; and the remedy sought.
- The Dean shall forward a copy of the grievance statement to all parties involved within one week of the receipt of the statement. The Dean will also provide a copy of the grievance statement to the Director of Disability Services who will be involved in resolution of the grievance as appropriate.
- The Dean shall investigate the matter set forth in the grievance statement. In conducting the investigation, the Dean may forward a copy of the grievance statement to the persons whose actions (or inactions) are the subject of the grievance and may request a written response to the grievance from appropriate individuals in the College. The Dean may also choose to interview witnesses, to meet with concerned parties, to receive oral or written presentations and to make other appropriate independent inquiry. Within thirty (30) business days of the filing of the statement, the Dean will make a decision on the merits of the student‘s grievance and the appropriate resolution of the situation. If resolution is not possible within thirty (30) business days, the Dean shall inform the student of the reasons for delay.
- Copies of the decision by the Dean will be sent to the student, the Provost (when not issued by Provost), and the Director of Disability Services, where appropriate. A copy may also be sent to the department and/or persons whose actions (or inactions) are the subject of the grievance, as appropriate. In the event that the student is not satisfied with the Dean's resolution of the grievance, a written appeal may be made to the Provost within (5) business days of the student's receipt of the Dean's resolution. If the student is not satisfied with the Provost's resolution of the grievance, a written appeal may be made to the President within (5) business days of the student's receipt of the Provost's resolution. The President's resolution shall be final and binding.
- A record of all formal grievances filed under this procedure will be maintained in the office of Disability Services, The Center for Student Success.
ADA/504 Compliance Officer for Employees is Nancy Florey, Director of Human Resources, Alpha Hall 203A, 717-361-1406. ADA/504/ Title II Compliance Officer for Students is Lynne Davies, Director of Disability Services, Baugher Student Center 216, 717-361-1227.
If an individual is dissatisfied with the outcome from Elizabethtown College’s grievance procedure, they may choose to contact the Office of Civil Rights within the U.S. Department of Education to file a complaint. www2ed.gov/about/offices/list/ocr/index.html
Adapted from the web site: Boston University, Office of Disability Services, Policies and Procedures and “Disability Resources & Services Student Handbook” Scottsdale Community College.