Grievances

STUDENT GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT

It is the policy of Saint Joseph’s University to comply with all requirements of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Section 504) and to provide equal educational opportunities to all students. The purpose of this Grievance Procedure is to provide for a prompt and fair resolution of complaints regarding accessibility to students who have disabilities of programs, services and activities offered by the University. These guidelines provide information on how a student who believes they have been denied equal access in the form of appropriate accommodations, modifications, auxiliary aids or effective communication, as described in the ADA, may file a grievance.

Please note that this procedure does not apply to complaints of harassment or discrimination on the basis of disability status. Students who believe they have experienced harassment and/or discrimination on the basis of disability status are encouraged to follow the procedures detailed in the Policy Prohibiting Acts of Bias, Discrimination, Harassment, and Sexual Misconduct.

Informal Resolution: For informal resolution of a failure to provide accommodations, students are encouraged to discuss their concerns with the Director of Student Disability Services, who will attempt to resolve the issue with the appropriate parties involved. If the complaint is not resolved as this level, the student may choose to file a formal grievance

To file a grievance regarding the denial by the Office of Student Disability Services (SDS) of a requested accommodation or inadequacy of an accommodation granted by SDS, the following procedures apply:

The student is encouraged to informally discuss their concerns with either the Assistant Director or Director of SDS, whoever initially made the recommendation.

1. If a disagreement persists, the student shall initiate a grievance by sending an email to the Director of SDS stating the intent to file a grievance and describing the basis for the grievance (e.g., denial of a requested accommodation or inadequacy of accommodations). The Director (or AVP of Student Success and Educational Support, if the Director made the initial accommodation decision) shall investigate the circumstances of the complaint and shall attempt to resolve it, calling upon any individual who may be helpful towards resolving the situation.

2. A decision will be issued in writing (e.g., by e-mail) within 15 working days of receipt of the complaint, except that the University reserves the right to extend the investigation period if conditions warrant. The student will be informed if the extension is necessary on or before the 15th day of the complaint resolution period.

3. The student may appeal the decision to the Director of the Office of Title IX & Equity Compliance within 5 business days of receiving the decision. An appeal must be submitted in writing, and must contain any supporting evidence reasonably available.

To file a grievance regarding the failure of University personnel (e.g., a staff or faculty member) to provide accommodations previously approved by SDS, the following procedures apply:

1. The student should submit a grievance in writing to the Office of Student Disability Services as promptly as possible. The grievance should contain:
   • Name, address, and telephone number of the student
   • The nature, date and description of the alleged failure to provide accommodation(s)
   • Any pertinent supporting documentation
   • The name of the person or persons responsible for the failure to provide accommodation(s); and
   • Any background information the student believes to be relevant

2. The SDS shall conduct an investigation of the grievance. The investigation shall conclude within 15 working days of receipt of the complaint; except that the University reserves the right to extend the investigation period if conditions are so warranted. The student will be informed if the extension is necessary on or before the 15th day of the complaint resolution period.

3. At the conclusion of the investigation, SDS will issue a written determination. If SDS determines that approved accommodations were not provided, the written determination will include an appropriate remedy (SDS will consult with the appropriate administrator and/or Human Resources representative to arrive at the remedy).

4. The student may appeal the decision to the Director of the Office of Title IX & Equity Compliance within 5 business days of receiving the decision. An appeal must be submitted in writing and must contain any supporting evidence reasonably available.

Students who believe they have experienced harassment and/or discrimination on the basis of disability status are encouraged to follow the procedures detailed in the Interim Policy Prohibiting Discrimination, Harassment and Retaliation.

A student is not required by law to use the institutional grievance procedure before filing a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education; however, both the OCR and the University encourage using internal grievance procedures before filing a complaint with OCR. Please visit the OCR website to learn more about filing a complaint.