ADA: Grievance Procedure

[The following was approved on December 1, 1995, in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.3.d.]

Introduction

Title II of the Americans With Disabilities Act of 1990 [ADA] (42 U.S.C., Section 12102 et. seq.) states in part, that "No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subject to discrimination by any such entity." Under the following ADA Grievance Procedure, an individual alleging noncompliance with the terms of Title II of the ADA may lodge a complaint and seek a satisfactory resolution of said complaint.

The Associate Chancellor for Institutional Diversity, having been designated as ADA coordinator, will supervise ADA compliance efforts. Those who wish to review the ADA or regulations implementing Title II of the ADA, or those who wish to lodge complaints under Title II should contact the office of the Associate Chancellor for Institutional Diversity. The University Ombudsman and the Faculty Staff Ombudsman are also available to assist individuals in submitting complaints alleging noncompliance with the ADA.

Procedures for Submission of Complaint

1. A complaint may be submitted by or on behalf of any individual with a disability who believes he or she
   1. has been excluded from participation in or denied the benefits of any program, service, or activity of SIUC
      or
   2. has been subjected by SIUC to unlawful discrimination because of his or her disability.

   A complaint may be submitted in writing or verbally, shall include the name and address of the complainant, and shall briefly describe the factual basis of the complaint. This grievance procedure does not cover complaints relating to applications for employment where the applicant alleges unlawful discrimination on the basis of disability. Such issues will be resolved by the Director of Human Resources. An individual with such an employment-related complaint may, prior to submitting the complaint to Human Resources, consult with one or more of the following: Affirmative Action, University Ombudsman, Faculty-Staff Ombudsman.

2. A complaint should be submitted promptly, but in no case later than 60 business days after the complainant first becomes aware of the alleged discrimination or denial of benefits.
3. The ADA coordinator or designee shall investigate the complaint as may be appropriate and shall make reasonable efforts to resolve the matter. The investigation shall be informal but thorough, affording all interested persons an opportunity to submit evidence or other information relevant to the complaint.
4. The ADA coordinator or designee shall provide a written response to the complainant within 20 business days after receipt of the complaint. The response shall include a written determination as to the validity of the complaint and, if any, a description of the resolution of the complaint.
5. The complainant may request the chancellor to consider the complaint in the event he/she is dissatisfied with the written response of the ADA coordinator. Any such request should be submitted in writing to the chancellor within 7 business days after receipt of the ADA coordinator's written response. The chancellor will render a decision within 20 business days. In accordance with existing Board policy, employees or students may appeal the chancellor's decision by filing an appeal with the Board of Trustees within 7 business days of receipt of this decision.
6. The resolution of any complaint submitted hereunder will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the service, program, or activity at issue and the essential eligibility requirements for participation, therein; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, or activity, or cause an undue hardship to SIUC. Accordingly, the resolution of any one complaint, whether through the granting of relief or otherwise, shall not constitute a precedent upon which other complainants should rely.
7. If an employee files a complaint under this procedure, he/she waives the right to pursue a complaint based on essentially the same facts through one of the regular employee grievance procedures. Likewise, if an employee has sought a remedy based on essentially the same facts through one of the regular employee grievance procedures and has proceeded beyond the stage of informal discussion at the level of dean/director or below, he/she may not seek remedy under this procedure. The right of a person to a prompt and equitable resolution of a complaint filed under this grievance procedure shall not be impaired by the person's pursuit of external remedies. Use of this grievance procedure is not a prerequisite to the pursuit of such external remedies.