ADA/504 Grievances Policy. Version 1.1 Effective: October 16, Responsible Officer(s): R. Yvette Clark, SVP and General Counsel

Transcription

1 Suthern New Hampshire University ADA/504 Grievances Plicy Versin 1.1 Effective: Octber 16, 2017 ADA / 504 Grievances Plicy Issuing Authrity: Paul J. LeBlanc, President Respnsible Officer(s): R. Yvette Clark, SVP and General Cunsel Effective Date: Octber 16, 2017 Review Perid: Annually r as deemed necessary

2 Table f Cntents 1 INTRODUCTION DEFINITIONS POLICY SCOPE PURPOSE PROCEDURE LIST OF APPENDICES RELATED POLICIES... 8

3 1 Intrductin Suthern New Hampshire University (the University) is dedicated t prviding equal access t individuals with disabilities in accrdance with Sectin 504 f the Rehabilitatin Act f 1973 and Title III f the Americans with Disabilities Act (ADA) f 1990, as amended by the Americans with Disabilities Act Amendments Act f The University prhibits unlawful discriminatin n the basis f disability and takes actin t prevent such discriminatin by prviding reasnable accmmdatins t eligible individuals with disabilities. The University has adpted this plicy prviding fr prmpt and equitable reslutin f cmplaints regarding any actin prhibited by the ADA r Sectin Definitins Cmplaint Grievance Disability discriminatin cncern handled infrmally thrugh the apprpriate department as utlined in the Infrmal Cmplaint Prcess Disability discriminatin cncern handled frmally thrugh the apprpriate department as utlined in the Frmal Grievance Prcess 3 Plicy 3.1 Scpe It is the plicy f Suthern New Hampshire University t nt discriminate n the basis f disability. This plicy extends t all rights, privileges, prgrams, and activities including husing, emplyment, admissins, financial assistance, and educatinal and athletic prgrams. It is als the plicy f the University t prvide reasnable accmmdatins t persns with disabilities unless such accmmdatins wuld impse an undue burden r fundamental alteratin t the prgram in questin; r fr emplyees, wuld unreasnably interfere with the perfrmance f the psitin s essential functins. 3.2 Purpse The purpse f this plicy is t ensure that all cmplaints based n disability are thrughly and fairly investigated by the authrized units f the University, which will cnduct an adequate, reliable, and impartial investigatin f all cmplaints, with due regard fr the rights f all parties. The University will take steps t prevent the recurrence f any discriminatin r harassment and t crrect its discriminatry effects n the cmplainant and thers, if apprpriate. Retaliatin against any individual wh has filed a cmplaint, r wh has cperated in the investigatin f such a cmplaint, is unlawful and in vilatin f University plicy. The University has adpted an internal grievance prcess prviding fr prmpt and equitable reslutin f cmplaints regarding any actin prhibited by the Americans with Disabilities Act

4 (ADA) and by the Department f Educatin regulatins implementing Sectin 504 f the Rehabilitatin Act f 1973, as amended. Sectin 504 states, in part, that "n therwise qualified individual with a disability...shall slely by reasn f his r her disability, be excluded frm the participatin in, be denied the benefits f, r be subjected t discriminatin under any prgram r activity receiving Federal financial assistance..." Cmplaints can include physical, electrnic, r prgrammatic barriers (such as an inperative elevatr, an inaccessible website, r a blcked access ramp), a refusal t make a reasnable accmmdatin, failure t fllw an apprved accmmdatin, the inadequacy f an accmmdatin that has been granted, etc. 4 Prcedure Any student, faculty, staff, r member f the public wh believes he r she has been subject t discriminatin n the basis f disability, by any party, may file a cmplaint r grievance under this prcedure. Cncerns can be handled thrugh an infrmal cmplaint prcess r can be escalated t a mre frmal grievance prcess. Steps fr bth ptins are utlined belw. Suthern New Hampshire University will make apprpriate arrangements t ensure that persns with disabilities are prvided reasnable accmmdatins, if needed, t participate in the grievance prcess. The cmplainant shuld cntact the ADA/504 Cmpliance Crdinatr by at adacmpliance@snhu.edu r phne fr such arrangements. Infrmal Cmplaint Prcess The University encurages the infrmal reslutin f cmplaints and will assist any individual with that prcess. The University is als cmmitted t the prmpt investigatin and reslutin f cncerns pertaining t the civil rights f individuals attending the University, emplyed by the University r participating in University functins, f which it is aware regardless f the filing f an actual grievance. Cmplaints can be reslved infrmally by: Cllege f Online and Cntinuing Educatin (COCE) and Cllege fr America (CfA) students shuld cntact: Directr, Online Accessibility Center ac@snhu.edu University Cllege (UC) and Prgram in Clinical Mental Health Cunseling (PCMH) students shuld cntact: Directr, Office f Disability Services disabilityservices@snhu.edu Staff and Faculty f the University shuld cntact their lcal HR Business Partner r request infrmatin frm: Hr4u@snhu.edu Members f the public and thse with questins shuld cntact: ADA/504 Cmpliance Crdinatr

5 Phne: Students wrking in a paid capacity fr the University shuld cntact the apprpriate department depending n the circumstances. Student-related cmplaints wuld be handled thrugh the student channels listed abve. Emplyment-related cmplaints wuld be handled thrugh Human Resurces. Frmal Grievance Prcess 1. An individual dissatisfied with the infrmal reslutin attempt r wishing t freg an infrmal reslutin may fllw the mre frmal grievance prcess. A frmal grievance shuld be filed as sn as pssible after the incident r infrmal reslutin attempt and n mre than 180 calendar days frm date f the incident. A frmal grievance must be filed in writing and shuld cntain a statement f facts, as specific as pssible, regarding the cncern r actin. Any persn having an issue with cmpleting the grievance frm may cntact the ADA/504 Cmpliance Crdinatr by at adacmpliance@snhu.edu r by phne at fr assistance. COCE & CfA: Students shuld file a grievance using the fllwing frm: UC & PCMH: Students shuld file a grievance using the fllwing frm: HR: Staff and Faculty shuld cntact their lcal HR Business Partner r request infrmatin frm: Hr4u@snhu.edu The frmal grievance prcess fr emplyees will differ frm the steps belw. Emplyees shuld refer t the Emplyee Handbk and Master Agreement fr details n the emplyee grievance prcess. Cntact Human Resurces fr mre infrmatin. Members f the public: Members f the public may file a frmal grievance by requesting a frmal grievance frm frm the ADA/504 Cmpliance Crdinatr by at adacmpliance@snhu.edu r by phne at The frmal grievance prcess fr members f the public will be similar t the prcesses identified belw and will be investigated by the apprpriate reviewer depending n the nature f the grievance. Students wrking in a paid capacity fr the University shuld cntact the apprpriate department depending n the circumstances. Student-related cmplaints wuld be

6 handled thrugh the student channels listed abve. Emplyment-related cmplaints wuld be handled thrugh Human Resurces. 2. T be timely, a frmal grievance must be filed within 180 calendar days f the date the incident. 3. Once a frmal grievance frm is received, the reviewer will investigate the matter set frth in the written grievance, as may be apprpriate, within 20 wrking days fllwing the pening f a grievance. These rules cntemplate thrugh investigatins, affrding all interested persns and their representatives, if any, an pprtunity t present witnesses and submit evidence relevant t the grievance. In cnducting an investigatin, the reviewer may frward a cpy f the grievance statement t the persns whse actins (r inactins) are the subject f the grievance and may request a written respnse frm apprpriate individuals within the University. The reviewer may als interview witnesses, meet with cncerned parties, receive ral r written statements, and make ther apprpriate inquiries. 4. The reviewer will issue a written determinatin as t the validity f the grievance and a descriptin f the reslutin, if any, and frward a cpy t the cmplainant s SNHU accunt, and respndent if applicable, n later than 20 wrking days after the grievance is received. The deadline may be extended fr gd cause. COCE & CfA: After cmpleting the investigatin, if n discriminatin is fund, the reviewer will frward a cpy f the reprt and recmmendatin t the Directr f Dispute Reslutin. If discriminatin is fund, the reviewer will frward a cpy f the reprt and recmmendatin t the apprpriate University fficials as fllws: COCE: If the grievance arises ut f an academic unit, the reprt will be frwarded t the Directr f Dispute Reslutin as well as the Dean f the apprpriate schl r cllege, unless he r she is the subject f the grievance. In such cases, the reprt will be sent t the COCE Vice President f Academic Affairs (r designee). If the grievance arises frm a nn-academic unit, the reprt will be frwarded t the Directr f Dispute Reslutin as well as the administrative head f the unit, unless he r she is the subject f the grievance. In such cases, the reprt will be frwarded t the COCE Assistant Vice President f Student Success (r designee). In all cases, frmal written ntificatin will be sent t the student s SNHU accunt at the cnclusin f the investigatin. CfA: If the grievance arises ut f an academic unit, the reprt will be frwarded t the Directr f Online Accessibility Center as well as the Chief Academic Officer, unless he r she is the subject f the grievance. In such cases, the reprt will be sent t the Executive Directr (r designee). If the grievance arises frm a nn-academic unit, the reprt will be frwarded t the Directr f Online Accessibility Center as well as the Chief Learning Architect.

7 In all cases, frmal written ntificatin will be sent t the student s SNHU accunt at the cnclusin f the investigatin. UC& PCMH: After cmpleting the investigatin, if n discriminatin is fund, the reviewer will frward a cpy f the reprt and recmmendatin t the Directr f Disability Services. If discriminatin is fund, the reviewer will frward a cpy f the reprt and recmmendatin t the apprpriate University fficials as fllws: If the grievance arises ut f an academic unit, the reprt will be frwarded t the Directr f Disability Services as well as the Dean f the apprpriate schl r cllege, unless he r she is the subject f the grievance. In such cases, the reprt will be sent t the Vice President f Academic Affairs (r designee). If the grievance arises frm a nn-academic unit, the reprt will be frwarded t the Directr f Disability Services as well as the administrative head f the unit, unless he r she is the subject f the grievance. In such cases, the reprt will be frwarded t the Dean r administrative head f the divisin. In all cases, frmal written ntificatin will be sent t the student s SNHU accunt at the cnclusin f the investigatin. 5. Suthern New Hampshire University will keep all files and recrds related t the grievances filed fr seven years. 6. The cmplainant, r respndent if applicable, may appeal the decisin f the initial grievance within 10 wrking days t the ADA/504 Cmpliance Crdinatr wh will invlve ther University fficials as deemed necessary. A link t the appeals frm will be included in the frmal written ntificatin sent t the cmplainant, and respndent if applicable, at the cnclusin f the frmal investigatin. The appeal must specify the particular substantive and/r prcedural basis fr the appeal, and must be made n grunds ther than general dissatisfactin with the current reslutin. In the written appeal, the appellant must explain why he r she believes the factual infrmatin cnsidered was incmplete, the analysis f the facts was incrrect, and/r the apprpriate standard r prcedure was nt applied, and hw this shuld change the University s determinatin f the matter. A cpy f the ADA/504 Cmpliance Crdinatr s written decisin will be sent t the reviewer f the frmal grievance, the Directr f Dispute Reslutin (fr COCE and CfA students) r Directr f the Office f Disability Services (fr UC and PCMH students), and the cmplainant s SNHU accunt, and respndent s if applicable, within 20 wrking days f the filing f the appeal. The decisin f the ADA/504 Cmpliance Crdinatr is final. 7. The infrmal reslutin ptin remains available at all stages f a grievance, up t and including appeal.

8 These rules will be cnstrued t prtect the substantive rights f interested persns, meet the apprpriate due prcess standards, and assure that Suthern New Hampshire University cmplies with the ADA and Sectin 504 and their implementing regulatins. Any f the abve time frames fr the University may be extended if the University determines there are extenuating circumstances. Examples f extenuating circumstances include University hlidays and absence r illness f witnesses r persnnel. Under such circumstances, the cmplainant, and respndent if applicable, will be ntified in writing as t the delay and a prjected date fr reslutin. 5 List f Appendices Nne 6 Related Plicies Nne