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ADA Compliance > ADA Policies

Grievance Procedure for Students, Employees, and University Visitors

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Frostburg State University has established an internal grievance procedure to ensure prompt and equitable resolution of complaints alleging violation of the Americans with Disabilities Act. Title II states, in part, that "no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity."

This grievance procedure may be implemented by any student, employee or visitor of Frostburg State University alleging a violation of the Americans with Disabilities Act.

Complaints may be registered by contacting the University's ADA/504 Compliance Officer, 3RD Floor Hitchins Administration Building, (301) 687-4102, TDD (301) 687-7955. To be considered for handling by Frostburg State University, a complaint must be filed within 120 days of reasonable knowledge of the alleged violation.

Although individuals are encouraged to utilize the University grievance procedure first, any person(s) with a complaint of an ADA violation has a right to register the complaint with the appropriate state or federal agency within 180 days of the alleged violation.

Registering Complaints with the ADA/504 Compliance Officer

  • A student, employee or visitor of the University may contact the ADA/504 Compliance Officer by telephone (voice or TDD) to discuss an alleged violation of the ADA.
  • The Compliance Officer will arrange a meeting with the Complainant. At this time, the Compliance Officer will provide the Complainant with a copy of University procedures for handling ADA grievances and discuss these procedures to be sure that the Complainant understands the process.
  • The Compliance Officer will discuss the grievance with the Complainant to gain an understanding of the concern being registered.
  • The Compliance Officer may request that the alleged violation be described in writing by the Complainant, or the Compliance Officer may develop a written statement of the complaint for review and validation by the Complainant.

Notification of President

The ADA/504 Compliance Officer will immediately inform the President of the University of any ADA grievance filed.

Attempt at Resolution by the ADA/504 Compliance Officer

The ADA/504 Compliance Officer will attempt to resolve allegations of ADA violations independently as a first step in the resolution process. The Compliance Officer will act as a mediator and assist the Complainant in seeking resolution through the appropriate faculty and/or administrative channels. This should not take more than 30 working days, except in unusual and unavoidable circumstances.

Reporting by the ADA/504 Compliance Officer of Attempts at Resolution

The ADA/504 Compliance Officer will inform the President of the University and the ADA Committee of whether or not the initial attempt at resolution was successful.

Request for ADA Committee Hearing, If Resolution Is Unsuccessful

If the ADA/504 Compliance Officer is unable to achieve a satisfactory resolution of the grievance, the Complainant may then request a hearing of the complaint by the ADA Committee. The request must be made in writing within 10 days after the Compliance Officer completes the attempt at resolution.

The following procedure will be implemented when a hearing request is received:

  • The ADA/504 Compliance Officer will immediately notify the President of the University of the hearing request.
  • The Compliance Officer will notify members of the hearing panel of the request. The hearing panel will consist of the ADA Committee members and the ADA/504 Compliance Officer. The Compliance Officer will participate in all proceedings but may not vote. The Chair of the ADA Committee will oversee all hearing proceedings.
  • The Chair of the ADA Committee, in consultation with Committee members, will establish a hearing date and time. Except in extraordinary circumstances, the date of the hearing will be within 15 days of the filing of the request.
  • The Chair of the ADA Committee will notify the Complainant of the date, time and place of the hearing in writing at least 10 working days prior to the hearing date. The Complainant will also be notified of his/her right to produce witnesses and present documentation supporting the grievance at the hearing. The Complainant will be asked to submit the names of any witnesses to appear at the hearing at least 7 working days prior to the hearing date.

Hearing Proceedings

During the hearing, the Complainant will first present his/her grievance either orally or in writing to the Committee. Any persons appearing on behalf of the Complainant may then present supporting statements. At the conclusion of these presentations, the Committee will have an opportunity to discuss the grievance with the Complainant in detail.

Report and Recommendations

Following the hearing, the Committee will discuss the information presented by the Complainant and prepare a report of the Committee findings and recommendations. The report will be submitted to all members of the hearing panel for review and consensus. The report will then be finalized by the Chair and forwarded to the Complainant within 5 working days of the hearing.

Notification of the President

The Chair will forward a copy of the ADA Committee's final report and recommendations to the President of the University.

Further Options for Resolution

The report of the ADA Committee is sent to the Complainant. The report will include a notice of other options available if the Complainant is not satisfied with the Committee's recommendations. At this point, the Complainant may file a grievance with the appropriate federal or state agency, or he/she may choose to file a formal complaint of discrimination with the University's Office of AA/EEO. All complaints filed with the Office of AA/EEO will be fully investigated following the "Allegation of Discrimination/Harassment Procedures" published in the Employee Handbook and the Faculty Handbook, and available from the Office of AA/EEO.

 

  

 

 

  
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