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Armstrong State University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging discrimination of persons with disabilities. The Americans with Disabilities Act states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs, activities or employment practices. ( 28 CFR 35.104)
A student with a complaint regarding accommodations should attempt to resolve it with the individual involved. If not resolved, the student should contact the Office of Disability Services for assistance in mediation. If the complaint remains unresolved, the following process should be followed:
- A complaint should be filed in writing, containing the name and address of the person filing it, and briefly describing the alleged violation of the regulations. The complaint shall be filed in the Office of Student Affairs. This formal complaint shall be presented to the Armstrong Committee on Disability Services Grievance Board. If the grievant's disability renders him / her unable to file a complaint in writing, the committee may receive the complaint verbally, taped or via transcription.
- A complaint should be filed within 180 days after the complainant becomes aware of the alleged violation. Upon the filing of any complaint, a copy of such complaint shall be furnished to the person(s) named therein who allegedly committed a discriminatory practice. The respondent may file an answer to the complainant within 15 days of receipt of the written complaint.
- An investigation, as may be appropriate, shall follow a filing of complaint. The Armstrong Committee on Disability Services Grievance Board will review all documentation and send forth a recommendation to the ADA Compliance Officer. The investigation shall be conducted at the direction of the ADA Compliance Officer. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
- A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Compliance Officer and a copy forwarded to the complainant no later than 30 days after its filing.
- The ADA Compliance Officer shall maintain the files and records of Armstrong State University related to the complaints filed.
- The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The case may be reopened for consideration should new information pertaining to the grievance be identified. The request for reconsideration should be made to the ADA Compliance Officer.
- 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 filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
- These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that Armstrong State University complies with the ADA and implementing regulations.
Director of Disability Services
Division of Student Affairs
Memorial College Center, Room 210
Dr. Georj Lewis
Vice President for Student Affairs
ADA Compliance Officer
Student Union, Room 206