Attachment II

 

 

Grievance Procedures for Students with Disabilities

 

Currently enrolled students who have a grievance related to accommodations associated with a disability should follow the procedures outlined in the Texas State UPPS No. 04.04.46, "Prohibition of Discrimination or Harassment Based on Race, Color, National Origin, Age, Sex, Religion, Disability or Sexual Orientation" (See Sections 03.03 e. through 05.03).

 

I.          Grievance Procedure: It is the intent of the University that issues concerning accommodation of students with disabilities first be expeditiously resolved between the student and department or service provider. If the student requesting the accommodation is not satisfied with the proposed resolution or accommodation, the student may:

 

A.  engage an informal grievance with the Director of the Office of Disability Services (ODS);

 

B.  contact the Attorney for Students to resolve an informal grievance through the Texas State Mediation Program. This process requires that no other form of legal grievance has been initiated by the student, and that both parties have agreed to freely participate in mediation;

 

C.  appeal the grievance to the University ADA Coordinator in the event that the informal grievance procedure outlined in A. or B. above is unsatisfactory; or

 

D.  file a formal written or oral grievance with the Director of the Office of Equity and Access or any member of the Human Resources Investigating Committee (membership list is available from the Office of Equity and access).

 

Note: If a student chooses to initiate the informal grievance procedure in step A., B., or C. above and he or she is not satisfied at any time in the process, and the student exercises step D. above, the informal grievance procedure ceases.

 

II.       Informal Grievance Procedure: The Director of the ODS will meet with the grievant to obtain a verbal account or report of the incident documenting information regarding the complaint. Verbal reports are considered confidential, and will not be disclosed to unauthorized persons. All appropriate persons cited in the complaint will be interviewed to determine the facts and the extent of the alleged discrimination. After an assessment of the complaint is made, the ODS Director will negotiate or mediate a suitable resolution. If a resolution is not reached, the student may appeal to the University ADA Coordinator. The University ADA Coordinator will have the final authority regarding an informal grievance.

 

III.         Human Resource Complaint Procedure: A written or oral complaint may be filed involving any disability accommodation complaint or any other discrimination complaint with the Director of Equity and Access or any member of the Human Resources Investigating Committee. The Director of Equity and Access will follow UPPS No. 04.04.46 to reach a satisfactory resolution of the complaint. A copy of UPPS No. 04.04.46 will be made available upon request from the Office of Equity and Access or is available through the Texas State website at http://www.txstate.edu/effective/upps/upps-04-04-46.html.

 

IV.        Accommodations during the Process: The ODS will provide a student grievant with necessary accommodations to participate in an informal or formal grievance. Accommodations may include: sign language interpreting services or information in alternate formats.

 

V.        Confidentiality: The University will request information about an individual's disability only as it is necessary for the university representative to determine the manner in which the disability may be reasonably accommodated.

 

VI.        Retaliation: As spelled out in UPPS No. 04.04.46, Section 06.04, the University will not discriminate or retaliate against a student who has filed a grievance or discrimination complaint or who has assisted or participated in the investigation of a complaint under the Americans with Disabilities Act of 1990 (ADA).

 

Optional:   A student may also choose to file a complaint of discrimination directly with the Office of Civil Rights (OCR), Texas Commission on Human Rights, or any other federal, state or local agency as is their right under the ADA.

 

Reviewers:  University 504/ADA Compliance and Steering Committee on Disabilities