Grievance Procedure for Students, Employees, and University Visitors

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.

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

In most instances student related ADA/504 concerns, complaints, grievances, and appeals related to the Office of Disability Support Services should be directed to the Director of DSS:

Latisha Cooper, Director of Student Accessibility Services/Disability Support Services
150 Pullen Hall
Frostburg State University
Frostburg MD 21532
Phone: 301.687.4483

In those instances when a grievance directly involves the Director of DSS, an individual may choose one or both of the following options:

Direct concerns and/or appeals to the supervisor of DSS:
Dr. Sharman L. Adams, Acting Provost
Frostburg State University
Frostburg MD 21532
Phone: 301.687.4436

Direct concerns and/or appeals to the FSU ADA Compliance Officer:

Ben Brauer, ADA Compliance Officer
126 Hitchins Administration Building
Frostburg State University
Frostburg MD 21532
Phone: 301.687.3035

Additionally, a student, employee or visitor of the university may follow the procedures below for further assistance in addressing discrimination complaints.

Frostburg State University Discrimination Complaint Procedure

1) Introduction

Frostburg state University has developed the following procedure to provide prompt and equitable resolution of discrimination complaints.

Use of this procedure does not affect other complainant rights and remedies that may be available under federal and state statutes prohibiting discrimination.

2) Procedure

Any faculty, staff or student claiming to have been discriminated against by Frostburg State University may use this procedure.

All discrimination complaints will be promptly investigated.

Complaints may be submitted online by using the Frostburg State University Complaint Form (PDF).

or by contacting:

Title IX/ADA/EEO Coordinator, at or 301 687 3035
Individuals who experience violations of this Policy are encouraged to promptly file a complaint not later than sixty (60) calendar days of the Complainant having reasonable knowledge of the occurrence of the act(s) upon which the complaint is based. In the case of a student employee complaint against a supervisor, the complaint must be brought within sixty (60) calendar days after the last day of the semester in which the incident occurred.

Written complaints are encouraged, but not required.

If a verbal complaint is made, the Title IX/ADA/EEO Coordinator may work with the Complainant to complete the Frostburg State University Complaint Form and ask that the Complainant acknowledge its accuracy in writing.

To the extent permitted by law, the confidentiality of all persons involved in a discrimination investigation or complaint will be observed, except insofar as information needs to be disclosed so that the University may effectively investigate the matter or take corrective measures. Confidentiality during and after the conclusion of an investigation is of utmost importance and is the responsibility of all involved persons. Unauthorized disclosures in violation of University policies may result in disciplinary action and/or other sanctions.

Both the Complainant and the Respondent may elect to have an advisor of choice to assist in all phases of the formal complaint process. The advisor shall be selected from the University’s staff, faculty, or student body or could be an outside attorney.  However, if the advisor is an outside attorney, he/she/they cannot be present during any stage of the complaint process. The Coordinator will be available for consultation with advisors and to help a party obtain one, if necessary. 

The Title IX/ADA/EEO Coordinator may implement appropriate Interim Measures while the matter is being informally resolved or investigated. Examples of Interim Measures include, but are not limited to, a referral to additional resources and supports, schedule adjustments, or changes in work location.

Should the Title IX ADA/EEO Coordinator or the President be a Complainant or Respondent in a complaint of discrimination, a substitute will be duly appointed. 

The Coordinator will acknowledge receipt of the complaint by sending a notification to the Complainant and will then conduct an initial assessment of the complaint to determine whether the matter is covered by the University’s Non-Discrimination Policy, whether informal resolution may be possible, and whether or not the complaint should be investigated.  The Office will consider the Complainant’s request as to whether or not the complaint should be investigated.

If the complaint has not been informally resolved within thirty (30) days of receipt of the complaint, The Coordinator shall confer with the Complainant to determine if he/she/they want to proceed with a formal investigation of the discrimination complaint. A formal investigation may also commence at the University’s discretion.

The Coordinator shall issue Notice of Investigation, identify the investigator and provide the Complainant and Respondent written notice of the Complaint.

All parties and identified witnesses shall cooperate during the investigation by being available during reasonable business hours to discuss the complaint and provide relevant information requested by the investigator.

An investigation will then be conducted, and the investigator will interview the Complainant and the Respondent and other available relevant witnesses, review available relevant documents and prepare a written report.

The report will provide a determination as to whether based on a preponderance of the evidence (more likely than not), the conduct violates the University’s Non-Discrimination Policy.

In addition, and if applicable, the report will provide options for substantive resolution of the complaint and recommendations for corrective measures or sanctions, to be provided to either the Provost or Chief Human Resources Officer.

The Office seeks to complete an investigation within ninety (90) business days and may extend the time frames set forth in these procedures for good cause. This time frame may vary depending on the complexity of the investigation, access to relevant parties, and the severity and extent of the conduct.

In cases in which a student is the Complainant and the complaint is of an academic nature, The Provost (or designee) shall make a decision based on the record and shall notify the Complainant and Respondent, in writing, of the decision and the basis for the decision, within twenty (20) days of receipt of the report.

In cases in which the compliant is of a fair practices of employment nature, The Chief Human Resources Officer (or designee) shall make a decision based on the record and shall notify the Complainant and Respondent, in writing, of the decision and the basis for the decision, within twenty (20) days of receipt of the report.

In cases in which the complaint resides within either of the aforementioned offices, the President shall designate a party to act in the capacity of either the Provost or the Chief Human Resources Officer, respectively.

3) Appeal

If either the Complainant or Respondent is not satisfied with the decision of the Provost/ Chief Human Resources Officer (or the designee), the party may file a written appeal within thirty (30) calendar days of receipt of decision.

The written appeal must include a detailed statement of the basis of the appeal. If an appeal is received from one party, the other party will be notified and given ten (10) business days to submit a written statement. A reviewer or panel shall review the decision and notify the Complainant and Respondent of the final decision within thirty (30) calendar days of the receipt of the appeal.

If the complainant is a faculty member, and final decision affects the appointment, rank, or tenure of the complainant, the complainant can appeal the decision to the Faculty Grievance Committee the procedures set forth in the Frostburg State University Policy on Appointment, Rank, and Tenure of Faculty.

4.) Additional options for resolution

State law provides remedies for persons who claim to be victims of discrimination outside of the procedures described above.

Employees may file an employment discrimination complaint with the President pursuant to Title 5, Subtitle 2 of the State Personnel and Pensions Article of the Annotated Code of Maryland.

Nonexempt employees may bring discrimination complaints in the form of a grievance under the procedures set forth in Title 13, Subtitle 2 of the Education Article of the Annotated Code of Maryland as set forth in the Memorandum of Understanding between Frostburg State University and the American Federation of State, County and Municipal Employees, Article 17, Grievance procedure.

Individuals may file a complaint with the federal Equal Employment Opportunity Commission, the Maryland Commission on Human Relations or the United States Department of Education. Should an individual wish to file a formal complaint with an external agency, additional information on the procedures can be obtained from the Office of Human Resources or from the Director. A person wishing to file a complaint with an external agency should promptly contact that agency to verify the time periods and other requirements for filing. In addition, it is important to note that filing an internal complaint under the University's own procedures or under the optional internal procedures referenced above, does not extend the time period for filing a complaint with any of the external agencies.