Formal Student ADA Complaint Procedure
The University has a continuing responsibility to monitor and maintain its compliance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) and their implementing regulations. Internal student complaints alleging non-compliance with the ADA and/or Section 504 should follow the following procedure.
The University’s formal complaint procedure provides for prompt and equitable resolution of complaints. Complaints should be directed to the ADA Coordinator, Dr. David Parrott, (502) 852-1198, or firstname.lastname@example.org.
Filing a formal complaint of disability discrimination
A complaint must be filed in writing with the Coordinator. The complaint should contain the name and address of the person filing it and a brief description of the alleged violation. Upon receipt of the written complaint, the Coordinator or his designee shall acknowledge receipt within five workdays.
A complaint should be filed within 180 days after the complainant becomes aware of the alleged violation; however, a complaint filed after that point may be investigated in accordance with this procedure as necessary, in the judgment of the Coordinator, to ensure the University’s compliance with the ADA and/or Section 504.
An investigation, as may be appropriate, shall follow a filing of complaint. The Coordinator's office shall conduct the investigation. This University complaint procedure involves an informal but thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit information relevant to a complaint. The Coordinator will complete the investigation within 45 days of the receipt of the complaint wherever practicable.
Following completion of the investigation, a written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Coordinator's office and a copy forwarded to the complainant and any individually-named respondent within 60 days of the date the complaint was filed. Should extenuating circumstances (e.g. unavailability of key witnesses, family emergency of investigative staff, etc.) prevent completion of the investigation and determination process within 60 days, the complainant and any individually-named respondents will be timely notified in writing, and will be kept apprised of the status of the Coordinator’s handling of the complaint through resolution. In all disputes arising under Section 504 or the ADA the proper standard of proof is preponderance of the information (i.e., more likely than not that the violation alleged in the complaint is true).
The Coordinator's Office shall maintain the files and records relating to the complaints filed.
Requesting Reconsideration of a Determination
The complainant (and any individually named respondent, as appropriate) may request a reconsideration if dissatisfied with the Coordinator’s determination. The request for reconsideration should be made in written or electronic form within 15 workdays to the Coordinator's Office.
Requests for reconsideration must present information showing that
- the original determination applied the incorrect standard or applied the applicable standard incorrectly to the facts of the case; or
- new information that might affect the outcome of the determination but was not available to the Coordinator at the time of the original determination is now available and should be considered.
The Coordinator shall, barring extenuating circumstances that preclude a more timely response (in which case the complainant shall be updated as to the status of the reconsideration request), rule upon the request for reconsideration within 15 workdays after receipt of the request.
Internal ADA complaint does not preclude other remedies
The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a discrimination complaint with the responsible federal department or agency. Use of this complaint procedure is not a prerequisite to the pursuit of other remedies, nor does one’s pursuit of outside remedies preclude one’s filing a complaint pursuant to this procedure.
These rules shall be construed to protect interested persons, to meet appropriate due process standards, and to assure that the University complies with the ADA, Section 504, and their implementing regulations.
Revised August 2019