Policies and Procedures Manual

Chapter 5: Personnel

05:06:12   Americans with Disabilities Act Grievance Procedure

Related Policies and Guidelines 

NeSCC Policy 05:06:03 Grievance Policy 

Purpose 

The purpose of this procedure is to provide a clear, orderly, and expedient method through which all persons may process bona fide complaints related to Title II of the Americans with Disabilities Act (ADA), which states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination" in programs or activities sought by a public entity such as the institution.   

Scope 

This procedure is available to all persons. Employees have the option of using this procedure or that described in NeSCC Policy 05:06:03 Grievance Policy

Step for Filing a Complaint  

A complaint should be addressed to the institutional ADA coordinator. Northeast State Community College’s ADA coordinator is the Assistant Director for Equity and Compliance.

  1. A complaint may be made verbally or in writing, preferably in writing, and must provide the name and address of the person making it and a brief description of the alleged violation of ADA regulations.
  2. A complaint must be filed within 10 working days after the complainant becomes aware of the alleged violation. 

Investigation

The ADA coordinator will investigate the complaint. The investigation will include, but not necessarily be limited to, interviews with the complainant and with college personnel in charge of the area in which the alleged violation occurred. All interested parties will be provided an opportunity to submit evidence relevant to the complaint, and the investigation will be conducted in a manner, which protects any due process rights of parties concerned and also ensures that the institution complies with the ADA and its implementing regulations.

When the investigation is complete, the ADA coordinator will issue a written determination concerning the validity of the complaint and a description of the resolution, if any. This statement will be provided to the complainant no later than 20 working days following receipt of the complaint.  

Steps for Filing an Appeal 

The complainant may request a reconsideration of the case in instances where he/she is dissatisfied with the resolution. Request for reconsideration should be made in writing to the president within 10 working days from receipt of the determination.  

Maintenance of Records

The ADA coordinator will maintain files and records relating to the complaint.



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Divisional Review Responsibilities Checklist: Human Resources

Revision History: March 2015; Edited Jan. 2020; Edited March 2020