Appeal Hearing for a Disability Concern
SECTION 504/ADA COMPLAINT/ APPEALS PROCESS
If any student believes that his/her rights under 504 or the ADA have been violated, he/she may bring forward a complaint. Issues that can be the subject of a complaint in accordance with this policy include, but are not limited to, a denial of a requested accommodation, the inadequacy of an accommodation, the inaccessibility of a program or activity due to disability, or discrimination or harassment based on disability.
A. Informal Resolution of Complaints
The College encourages informal resolution of student concerns and complaints. If a student has a concern or complaint regarding any of the matters set forth above, the student can first attempt to resolve the problem through an informal discussion with The Assistant Director of Disability Services. To be timely, the student should initiate this informal discussion within twenty (20) days of the alleged act that gave rise to the complaint. If within ten (10) business days of the student's informal discussion with the Assistant Director, the student's complaint cannot be informally resolved to the satisfaction of the student, the student can file a written complaint under the formal procedure set forth below. A student is not required to resolve the matter though an informal discussion before filing a formal complaint pursuant to Section B.
B. Formal Resolution of Complaints
- A complaint should be filed within thirty (30) days after the student becomes aware of the alleged violation.
- An investigation, as may be appropriate, will follow the filing of a complaint. The investigation shall be conducted by the 504 Compliance Committee. The College will conduct a prompt and thorough investigation, which affords the student, the subject of the complaint, other interested persons, and their representatives, if any, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint.
- The student has the right to be assisted by a MSMC campus advisor who is not directly involved in the complaint. The campus advisor must be a full-time MSMC employee, who is acting in his/her role as a MSMC employee. The campus advisor may be present to advise only and may not participate. Advisors who interfere with the proceedings can be excused by the committee. During the course of the resolution of a grievance, the committee may call upon additional persons or request additional evidence it believes may be helpful in finding a suitable resolution.
- Disability Services will make appropriate arrangements to ensure that the student with a disability is provided other accommodations, if needed, to participate in this process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. A student who makes use of procedure shall not be retaliated against for doing so. The availability and use of this procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the US Department of Education, Office for Civil Rights.
- A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the College's 504 Committee no later than twenty (20) business days after receipt of the complaint. A copy of the written determination shall be forwarded to the student.
C. Appeal of Decision on Formal Complaint
The student can request reconsideration of the resolution of a formal complaint if he or she is dissatisfied with the resolution. Appeals should be made within five (5) business days to the Assistant Vice President of Students or designee. The Assistant Vice President of Students or designee has twenty (20) business days to respond to the appeal. Decisions of the Assistant Vice President of Students or designee is final and are not appealable.
An appeal hearing for a Disability Concern is not available for students seeking to appeal a decision to place a student on an involuntary leave of absence. A student seeking to appeal such a decision may invoke the Appeals Process in the Involuntary Leave of Absence Policy
Margaret Kemp
