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University Grievance Process for Students Denied Reasonable Accommodations
or Subjected to Discrimination Because of a Disability
General Information Students with disabilities are responsible for contacting Disability Services if reasonable accommodations are not implemented in an effective or timely manner. Disability Services works with faculty, staff, and students with disabilities to resolve disagreements regarding recommended accommodations. This grievance process will facilitate an internal, informal basis for filing a complaint or appealing a denial of accommodations and for grieving instances of inappropriate discrimination in violation of the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act of 1973 (Section 504). Any student with a disability, who believes he or she has been discriminated against on the basis of that disability, may use this process to file a grievance with the Director of Disability Services located in Pearce Hall, suite 102 or with the Office for Civil Rights. A student may pursue a grievance if he or she believes that a Methodist University employee (faculty, staff member, or administrator) has discriminated against the student because of his or her disability or has denied the student a reasonable accommodation. Upon request from any student, the Director of Disability Services will provide guidance about proper processing of a particular complaint. If the complaint is against the Office of Disability Services, the student may obtain guidance from the Director of the Center for Personal Development located in Pearce Hall. A grievance that is found to be intentionally dishonest or willfully disregards the truth is a violation of the University honor code and will be referred to the University Honor Board Panel for their determination. The University prohibits retaliation against any student for filing a grievance under this process. Any retaliation directed to the student as a result of filing a grievance under this process is against state and federal laws and Methodist University Policy. Grievances may be initiated by any student currently enrolled at Methodist University who feels he or she has suffered illegal discrimination because of his or her disability, and has made a request for an accommodation to the office of Disability Services, and has followed appropriate notification procedures. Grievances regarding matters that are unrelated to a faculty/staff member's job or role at the University, or decisions covered by other University policies may not be grieved under this process. Informal Resolution A student who has a grievance with an employee of Methodist University is encouraged to first attempt to resolve the matter by meeting with the faculty or staff member. The purpose of the meeting is to reach a mutual understanding of the student's situation and the faculty or staff member's actions. The student has seven calendar days from the action being grieved or the date the student should have known about the action to initiate this discussion. If the consultation with the faculty or staff member is unsatisfactory, or if it is impractical to consult with the faculty or staff member, the student should seek the assistance of the Director of Disability Services within seven calendar days of the meeting with the employee or within fourteen calendar days of the action. The purpose of this process is to attempt to work with both parties to reach a resolution. Use of the informal resolution process is recommended but not mandatory. A student may be advised to address their concern according to the area in question as follows:
If the complaint is against the Disability Services Office the student should seek assistance from the Director of the Center for Personal Development located in Pearce Hall. Formal Resolution If an informal resolution is not successful, the student may file a formal grievance through the Director for Disability Services or, if the complaint is about the Disability Services Office, through the Director of the Center for Personal Development. All complaints must be in writing and signed by the student. The grievance must contain:
The complaint will be reviewed for adherence to proper procedure. If the complaint does not meet the above criteria, the complaint will be returned to the student for revision within 7 calendar days. A revised complaint well be accepted and reviewed within 7 calendar days of its return to the student. If criteria is not met at this time the complaint will be denied and information to an outside agency will be provided. When a grievance meets the above criteria on the first or second submission, a resolution committee will be appointed and convene within 14 calendar days of receipt of the formal, properly executed , written complaint. This board will consist of two faculty members to be appointed by the Vice President of Academic Affairs or his designee, two student development staff members to be appointed by the Vice President of Student Development and Services or his designee, and two students appointed by the President of the Student Government Association or his designee. The chair of this board will be the Director of Disability Services. In the event that the complaint is directed at the Disability Services
Office the chair will be the Director of the Center for Personal
Development. The board will be charged with collecting information
by, but not limited to, interviewing the grieved student and his
or her witnesses, as well as the University employee(s) to whom
the grievance is directed. All parties will have the right to a
non-participating observer present during this interview. Legal
counsel may not participate in the fact finding process unless the
law or policy at issue provides for a broader right to counsel.
However, should there be a lack of legal expertise on the resolution
committee, the University may elect to have their decision reviewed
b y their attorneys. The decision of the resolution committee should
generally be published within 30 days of the receipt of the grievance.
The grieved party will be notified of any unforeseen delay. Any student may elect, at the beginning of the Formal Resolution process, to waive his right to a committee review and elect Fast Track Review. All grievances submitted between April 1st and September 1st will be processed as a Fast Track Review. In the Fast Track process, the Director for Disability Services or his/her representative, one senior student development staff member, and one senior academic staff member will serve to complete fact finding and conduct the interview process in place of a full committee. The Decision After hearing a student grievance, the committee or Fast Track review panel will discuss the grievance in a closed meeting. The student will be provided with a written report which will include a summary of the proceedings, recommendations of the committee, and a copy of all written correspondence pertaining to the grievance. A copy of this documentation will be held in the Disability Services Office. Any committee member who does not agree with the decision of the committee will prepare their own report to be included in the record. The decision of this board will be final with the student having the right to file an appeal to the President of the University within 7 calendar days of receipt of the decision. The Presidents decision will be made in writing to the student. All decisions of the President are final and may not be appealed except to an outside agency. Access to Outside Resource Agencies Nothing in this process should be construed to impede or prohibit a student from filing an ADA or discrimination complaint with the appropriate external governmental agency or an internal grievance addressing other issues. Students with grievances, or complaints against the University based upon violations of Section 504 or the ADA also have the right to file a complaint with the U.S. Department of Education and/or the Office for Civil Rights. |
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Disability Services
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