The Disability Appeal/Grievance Policy & Procedures is available to students who believe they have been denied equal access to educational opportunities at the College due to their disability.
Purpose
The Disability Appeal/Grievance Policy & Procedure seeks to ensure the successful resolution of any concerns, disagreements, or complaints affecting a student registered with Disability Services by:
- Encouraging students to address their concern directly with the person or department with whom they have a concern and attempt to find a resolution directly, through open and informal communication.
- Provide a detailed policy and procedure for achieving resolution.
- Offer a consistent approach to resolving disability-related appeals/grievances.
Procedure
A student registered with Disability Services who believes that they have been denied equal educational access under this Policy, or that established academic accommodations are not being followed, is encouraged to utilize the Disability Appeal/Grievance Procedure. The following steps have been established to facilitate the resolution of any complaint or concern:
- Independent Resolution: Students should first attempt to informally resolve concerns by addressing the matter with the appropriate faculty, staff, administrator, or student with whom there is a concern. When all parties have an opportunity to share their concerns there is a higher likelihood that the matter can satisfactorily be resolved, Students are encouraged to ask for assistance from the Academic Support Services Director/ADA Coordinator during this process.
- Reporting a Complaint/Concern: If the situation remains unresolved after informal attempts, or the student is not comfortable with Step 1, the student should report their complaint/concern, in writing, to the Academic Support Services Director/ADA Coordinator. If the complaint/concern involves Disability Services or the Academic Support Services Director/ADA Coordinator, the student should contact the Vice President of Student Affairs. Concerns must be reported within 30 days of the alleged incident or situation or when an independent resolution cannot be achieved. Upon receiving the report, the Academic Support Services Director/ADA Coordinator will meet with the student to review the matter. To facilitate review, students are welcome to bring one support person to the meeting, however, the support person may not participate in the grievance process and the student is responsible for personally presenting their complaint/concern, unless, due to the student’s disability he or she cannot effectively participate. The Academic Support Services Director/ADA Coordinator r shall have sole discretion in determining to what extent a student may be assisted during this meeting.
- Informal Resolution: After reviewing the complaint/concern with the reporting student, the Academic Support Services Director/ADA Coordinator r may meet, individually or jointly, with all other relevant parties with the goal of seeking a mutually agreed upon resolution that preserves and protects the reporting student’s right to equal access while also maintaining the College’s commitment to academic standards of excellence. Every effort will be made to resolve the issue within seven working days of the initial report.
- Formal Resolution Process: If the complaint/concern remains unresolved, the matter will be referred by the Academic Support Services Director/ADA Coordinator, to the Vice President of Student Affairs, or the President of the College in his or her absence, whose role is to formally review and resolve any disability-related complaints/concerns that have not been resolved through other methods. The process is as follows:
- Submit a Formal Complaint: The reporting student must submit a formal, written appeal/complaint to the Vice President of Student Affairs and/or President of the College within 15 days after the end of the Informal Resolution process. If applicable, students may submit any relevant documentation with the grievance report. All documentation should contain the reporting student’s name.
- Notification of Outcome: The Vice President of Student Affairs will review the formal, written complaint/concern and any attached documentation, and if necessary, contact the involved parties for points of clarification or additional information. All parties will receive written notification outlining the decision of the case within 10 days after submission of the formal complaint. The Vice President of Student Affairs, if deemed necessary may extend the response deadline. The decision of the Vice President of Student Affairs is final and the student shall have no further right to appeal the matter under this policy.
- No Retaliation: It is unlawful and against College policy for anyone to retaliate against any student, or prospective student, for raising concerns related to their disability or who has filed a complaint of discrimination, or any person who has cooperated in the investigation of such a complaint, or who alleges discriminatory educational practice.
- Confidentiality: All documentation and information related to the reporting student will be kept confidential and will not be released without the student’s consent, in accordance with Family Educational Rights and Privacy Act (FERPA), or as required by law. Exceptions may be made when documentation and information is needed to review any reported disability or request for accommodation, or any formal claim of discrimination.
- Student Rights: Although the goal is to resolve any disability-related matter through the process outlined in this policy, the student has the right to file a discrimination or disability-related complaint with the following federal agencies:
- The Disability Rights Section of the US Department of Justice (www.justice.gov)
- The US Office of Civil Rights (https://www.ed.gov)
- Scope of Policy: The procedures set forth in this policy are limited to addressing matters related to academic accommodations regarding courses or clinical. If students have other concerns related to their disabilities, other than academic accommodations, they should contact the Academic Support Services Director/ADA Coordinator who will direct the student to the appropriate College department.
Bryan College of Health Sciences developed this information in accordance with these references:
- The American with Disabilities Act of 1990
- Section 504 of the Rehabilitation Act of 1973