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POL 2.245 ADA/Section 504 Grievance Procedure

INTRODUCTION

Title II of the American with Disabilities Act (1990) and Section 504 of the Rehabilitation Act (1973) were designed to prevent discrimination against individuals with disabilities. They provide that:

No otherwise qualified disabled individual in the United States shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by a public entity (e.g., Kirtland Community College).

In addition to the non-discrimination requirement, public entities must adopt and publish a grievance procedure, which is an internal course of action that provides for prompt and equitable resolution of complaints alleging a violation of U.S. Department of Justice regulations related to the implementation of Title II of the Americans with Disabilities Act (1990) or Section 504 of the Rehabilitation Act (1973).

POLICY

In accordance with Title II of the Americans with Disabilities Act (1990) and Section 504 of the Rehabilitation Act (1973), it is the policy of Kirtland Community College to make available an ADA/Section 504 Grievance Procedure to any person participating in a Kirtland Community College sponsored program, service, or activity. The following grievance procedure will provide for a prompt and equitable resolution of complaints alleging a violation of the U.S. Department of Justice regulations related to the implementation of Title II of the American with Disabilities Act (1990) or Section 504 of the Rehabilitation Act (1973):

  1. Any person participating in a Kirtland Community College sponsored program, service, or activity, who believes his or her rights as provided for under the ADA or Section 504 have been violated, may file a complaint with Kirtland Community College’s ADA compliance officer. The complaint must be in writing and include the complainant’s name and address and describe the alleged discriminatory action in sufficient detail to inform the college of the nature and date of the alleged violation and relief for accommodation sought. The complaint shall be signed by the person filing the complaint. A complaint shall be filed within a reasonable period of time after the complainant becomes aware of the alleged violation.
  2. Upon receipt of the complaint, the ADA compliance officer will immediately conduct an investigation. All parties related to the complaint will be afforded the opportunity to submit evidence (including statements from witnesses) relevant to the complaint. The investigation will be completed within 20 working days and a resolution will be issued by the ADA compliance officer. A copy of the resolution will be forwarded to the complainant.
  3. The complainant may request a reconsideration of the case (an appeal) in instances where he or she is dissatisfied with the resolution. The request for consideration should be filed in the President’s office within 5 working days of receipt of the resolution. The President will review the request and issue a final resolution in a timely manner.

Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, such as the filing of an ADA/Section 504 complaint with the responsible federal department or agency.

The ADA/Section 504 grievance procedure will be published in a college catalog. Copies of the ADA/Section 504 grievance procedure and an ADA/Section 504 grievance complaint form will be provided upon request.

The ADA compliance officer and the section 504 coordinator shall maintain a record of filed ADA/section 504 complaints, including resolutions and/or actions taken to address each complaint.

Anyone having employment related grievances should refer to Kirtland Community College’s Grievance Policy, POL 5.425.

Revised December 12, 1997