Formal ADA Complaint Procedure
The University is responsible for monitoring and addressing ADA compliance issues. The following internal procedure provides for prompt and equitable resolution of complaints. Complaints should be directed to Employee Relations and Compliance, Human Resources, 1980 Arthur Street, 40208-2770 or email employee relations
- A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation. A complaint should be filed within 180 days after the complainant becomes aware of the alleged violation.
- Upon receipt of the written notice of complaint, the Director of Employee Relations and Compliance or his/her designee shall acknowledge receipt within five workdays. In order to initiate a fact-finding investigation, the intake interviewer must make a preliminary evaluation of the complaint itself to determine whether the complaint gives rise to a reasonable inference that discrimination has occurred. That is, if all the representations in the complaint are deemed to be factual, does the complaint establish that discrimination occurred or raise a presumption that discrimination occurred. In the absence of meeting this definitional threshold, the complaint must be dismissed.
- An investigation, if appropriate, will be conducted by the Employee Relations and Compliance office. If a respondent is named a written notice of the complaint shall be forwarded to the respondent. The internal complaint procedure involves a thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
- A written determination of the complaint and a description of the resolution, if any, shall be issued by the Employee Relations and Compliance Office and a copy forwarded to the complainant and respondent (if any).
- The determination rendered upon completion of the investigative process is not subject to the appeal process. For reconsideration, a written request should be submitted to the University ADA Coordinator accompanied by affidavits or other written documentation that would substantially alter the findings of the investigation. The written request must be submitted no later than ten (10) working days after receipt of the final determination.
Anyone who, in good faith, reports what he or she believes to be discrimination, or who participates or cooperates in any investigation, will not be subjected to retaliation.
Retaliation should be reported to the Employee Relations and Compliance Office. The University will investigate all reports of retaliation. Anyone found to have retaliated against a person who has participated or cooperated in an investigation will be in violation of this policy and will be subject to disciplinary action.