Disability Support Services
Americans with Disabilitiies Act:
SIUC Grievance Procedure

Grievance Info:

Introduction

Title II of the Americans With Disabilities Act of 1990 [ADA] (42 U.S.C., Section 12102 et. seq.) states in part, that "No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subject to discrimination by any such entity." Under the following ADA Grievance Procedure, an individual alleging noncompliance with the terms of Title II of the ADA may lodge a complaint and seek a satisfactory resolution of said complaint.

The Associate Chancelor (Diversity), having been designed as ADA coordinator, will supervise ADA compliance efforts. Those who wish to review the ADA or regulations implementing Title II of the ADA, or those who wish to lodge complaint under Title II should contact the office of the Associate Chancelor (Diversity) at 104 Anthony Hall (618-453-1186). The University Ombudsman and the Faculty Staff Ombudsman are also available to assist individuals in submitting complaints alleging noncompliance with the ADA.& Requests for such assistance may be directed either to the University Ombudsman at Woody Hall C302 (453-2411) or the Faculty-Staff Ombudsman at Woody Hall C112 (453-5248).

Procedures for Submission of Complaint

1. A complaint may be submitted by or on behalf of any individual with a disability who believes he or she (a) has been excluded from participation in or denied the benefits of any program, service or activity of SIUC or (b) has been subjected by SIUC to unlawful discrimination because of his or her disability. A complaint may be submitted in writing or verbally, shall include the name and address of the complainant, and shall briefly describe the factual basis of the complaint. This grievance procedure does not cover complaints relating to application for employment where the applicant alleges unlawful discrimination on the basis of disability. Such issues will be resolved by the Executive Director of Personnel Services. An individual with such an employment-related complaint, may, prior to submitting the complaint to Personnel Services, consult with one or more of the following: The Office of Affirmative Action, The University Ombudsman, the Faculty-Staff Ombudsman.

2. A complaint should be submitted promptly, but in no case later than 60 business days after the complainant first becomes aware of the alleged discrimination or denial of benefits.

3. The ADA coordinator or designees shall investigate the complaint as may be appropriate and shall make reasonable efforts to resolve the matter. The investigation shall be informal but thorough, affording all interested persons an opportunity to submit evidence or other information relevant to the complaint.

4. The ADA coordinator or designee shall provide written response to the complainant within 20 business days after receipt of the complaint. The response shall include a written determination as to the validity of the complaint and, if any, a description of the resolution of the complaint.

5. The complainant may request reconsideration of the complaint in the event he or she is dissatisfied with the written response of the ADA coordinator. Any such request should be submitted in writing to the president within 7 business days after receipt of the written response.

6. The resolution of any complaint submitted hereunder will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the service, program, or activity at issue and the essential eligibility requirements for participation, therein; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, or activity, or cause an undue hardship to SIUC. Accordingly, the resolution of any one complaint, whether through the granting of relief or otherwise, shall not constitute a precedent upon which other complainants should rely.

The right of a person to a prompt and equitable resolution of a complainant filed under this grievance procedure shall not be impaired by the person's pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.