Student Disability Accommodation Grievance Policy and Procedure

Purpose and Scope

The College is committed to providing equal educational opportunities for qualified students with disabilities. Accordingly, the College complies with federal and state laws and regulations, including the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, and does not discriminate on the basis of disability in the administration of its education-related programs and activities.

The resolution options and grievance procedures in this policy apply only to student concerns regarding disability accommodations decisions and/or implementation.

This policy does not apply to:

• Concerns regarding disability accommodations that relate to a person’s employment at the College. Employees, including student employees, who wish to submit a grievance regarding an employment-related disability accommodation should do so as provided in the Employee Grievance Policy.
• Concerns regarding discrimination or harassment based on disability that are separate from the disability accommodation process. Students, faculty or staff who wish to report an incident of discrimination or harassment based on disability, but not related to an accommodation, should report such incident as provided in the Discrimination, Harassment and Hate- or Bias-Motivated Conduct Policy (Not Under Title IX). Such reports should be made to the Dean of Equity and Inclusion or another member of the Office of Equity and Inclusion, and may be submitted by completing this form. For instance, a complaint by a student regarding harassment based on disability or a complaint of disability discrimination in campus employment or other opportunities should be brought forward as provided in the Discrimination, Harassment and Hate- or Bias-Motivated Conduct Policy (Not Under Title IX).

The College intends that these procedures be applied in a manner that promotes the prompt and equitable resolution of complaints. Therefore, individuals with complaints should bring them to the attention of appropriate College personnel as soon as possible after the action(s) causing the complaint. Upon receipt of an informal or formal complaint, College officials will seek a prompt and timely resolution.

Informal Review and Resolution

Students are encouraged to resolve concerns about accommodations or modifications by communicating directly with the involved faculty or staff and suggesting an appropriate resolution. The student may also seek an informal review and resolution process through discussion, advice, and assistance from the Staff in the Office of Student Accessibility. Typically, an informal resolution process will involve a discussion with the student, the involved faculty or staff, and the Office of Student Accessibility. To pursue an informal resolution process, students can contact:

Office of Student Accessibility

206 Albany Hall

access@lclark.edu

The request for an informal review and resolution should be made in writing.

This informal resolution process may lead to resolution of the matter. If not, the individual may choose to follow the formal grievance process described below. Students are encouraged but not required to use the informal resolution process. Students may use the formal grievance procedure without first using the informal resolution.

Formal Grievance Procedure

How to Submit a Grievance

If a student chooses to file a formal grievance, they must do so in writing, containing their name and contact information. The written grievance must also state why or how the process determining the accommodation, the accommodation itself, or implementation of the accommodation is alleged to be inadequate or erroneous (who was involved, what occurred), a summary of any steps taken to resolve it, and the remedy or relief sought. Grievances should be submitted to the Director of the Office of Student Accessibility. If the grievance involves the Director of the Office of Student Accessibility, the grievance may be submitted to the Dean of Equity and Inclusion, who will work with the General Counsel to identify an appropriate person to review the complaint.

The formal grievance must be submitted within 15 business days of the student’s knowledge that the concern has not been resolved.

Process

The Director of the Office of Student Accessibility (or designee) will determine the scope of the information gathering process in response to a formal grievance. The investigation may be informal, but it will be appropriately thorough, affording all interested persons an opportunity to present witnesses and/or suggest that certain individuals be interviewed, and submit relevant evidence.

The Director of the Office of Student Accessibility (or designee) will acknowledge the written grievance within ten business days of receipt and seek any necessary additional information within the next ten business days, unless extenuating circumstances (e.g., party and witness availability, college breaks) require a longer review period.

Decision

The Director of the Office of Student Accessibility (or designee) will typically issue a written decision on the grievance no later than fifteen business days after receipt of all necessary information; if, however, extenuating circumstances (e.g., witness availability, college breaks) make it difficult to render a decision in this time period, the Director of the Office of Student Accessibility (or designee) will, at a minimum, provide a written update within the first fifteen business days. Written notice of the decision will be shared with the person who filed the grievance and other relevant parties necessary for implementation of the decision.

If the written decision contains a finding that a policy violation occurred, the College will take steps to stop the policy violation, prevent recurrence, and remedy effects on the complainant and others, as necessary and appropriate.

Outcomes that include remedies, directives, or other accommodation-related instruction may be forwarded to the appropriate supervisor, department chair, or Dean to ensure the facilitation of the resolution.

The College may address a formal grievance filed under this procedure concurrent to other applicable policies/procedures, including (but not limited to) the Discrimination, Harassment and Hate- or Bias-Motivated Conduct Policy (Not Under Title IX). In instances where these procedures apply concurrently, the Director of the Office of Student Accessibility will coordinate with the relevant academic dean, Dean of Equity and Inclusion, Associate Vice President of Human Resources, and/or Vice President for Student Life, to determine applicable policies/procedures and to provide necessary notice to those involved. The College reserves the right to address formal grievances that raise concerns under other applicable College policies and procedures.

The College will make appropriate arrangements to ensure that individuals with disabilities are provided other accommodations, if needed, to participate in this grievance process.

Appeal:

The student filing the grievance may appeal the decision of the Director of the Office of Student Accessibility (or designee) by writing to the relevant dean within ten business days of receiving the Director of the Office of Student Accessibility’s decision.

• For students in the College of Arts and Sciences, the relevant dean for appeal of a grievance regarding an academic accommodation is the Dean of the College of Arts and Sciences (or designee). The relevant dean for an appeal of a non-academic accommodation is the Vice President of Student Life and Dean of Students (or designee).
• For law students, the relevant dean for appeal is the Dean of the Law School (or designee).
• For graduate students, the relevant dean for appeal is the Dean of the Graduate School (or designee).

Appeals may be filed only on the following grounds:

• Procedural error: the College failed to follow the process required by applicable policy or law in a way that likely impacted the outcome.
• New information: there is new information that was not available earlier in the process and the new information is likely to impact the outcome.
• Bias: those involved in the process had a conflict of interest or demonstrated bias against the student in a manner that likely impacted the outcome.

The relevant dean (or designee) shall issue a written decision in response to the appeal no later than 30 business days after its submission. If the dean (or designee) determines that the appeal has merit, the dean may either determine the appropriate remedy and outcome or may return the matter to an earlier point in the process for further consideration.

Deadlines

The deadlines in this grievance procedure may be extended upon written notice to the complainant for good cause (including, but not limited to, availability of parties/witnesses, inability to obtain relevant information, etc.) and will typically be extended when they fall during or immediately after a College break.

Other Remedies

The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U.S. Department of Health and Human Services, Office for Civil Rights.

Retaliation

The College strictly prohibits retaliation against any individual for raising formal or informal allegations of discrimination under this policy or for participating in a grievance or investigation under this policy. Anyone experiencing conduct that they believe to be retaliatory should report it immediately to the Director of the Office of Student Accessibility or the Associate Vice President of Human Resources.