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Complaints, Grievances adn Appeals Policy

Policy Number STU-010
Effective Date December 17, 2007
Responsible Office/Person Student Affairs
Related Policies
Additional History
Additional References

Policy Statement
The University will comply with all American Disabilities Act (ADA) policies.

Purpose
If a student believes they have been denied their rights under ADA, this policy will help him/her file a grievance.

Definitions
The University of Massachusetts Dartmouth has adopted an internal grievance procedure providing for the equitable resolution, within a reasonable time, of complaints by students with disabilities alleging violations of their rights under the Americans with Disabilities Act (“ADA”) and under Section 504 of the Rehabilitation Act of 1973 (“Section 504”).

Procedures
All requests for accommodations or special services should first be brought to the Director of the Center for Access & Success. Problems with accommodations or services that have been previously agreed upon should first be reported to the Director of the Center for Access & Success:

Director of Center for Access & Success
University of Massachusetts Dartmouth
285 Old Westport Road
Liberal Arts Building, Room 16
N. Dartmouth, MA 02747-2300
Phone: (508) 999-8711 / Fax: (508) 990-9678

The Director of the Center for Access & Success will investigate the matter and attempt to resolve any dispute informally. If the matter cannot be resolved informally, the Director will issue a written decision within fifteen (15) working days after receiving the complaint. The Director and the student may mutually agree on an exact extension of time if additional information gathering is necessary.

In the event that you are dissatisfied with the written decision of the Director of the Center for Access & Success, you have the right to file a Grievance with the University ADA/504 Compliance Officer.

In order to be accepted, a Grievance must ordinarily be filed within thirty (30) days of the date of the written decision of the Director for the Center for Access & Success. The ADA/504 Compliance Officer reserves the right to refuse to investigate Grievance Appeals filed more than thirty (30) days after the date of the written decision of the Director of the Center for Access & Success.

Upon receipt of the Grievance, the University ADA/504 Compliance Officer or his designee will investigate the matter. The investigation will ordinarily involve interviewing relevant individuals and reviewing reasonably available documents.

Upon completion of the investigation, the University ADA/504 Compliance Officer will issue to the student a written determination which will specify findings and, if appropriate, the resolution of the matter. Such written determination will ordinarily be issued within thirty (30) days of the date of the request to review. Circumstances which may prolong the response of the ADA/504 Compliance Officer include the intervention of a semester break and such other circumstances which may render unavailable persons necessary to an appropriate resolution of the complaint.
The ADA/504 Compliance Officer will maintain files and records relating to the Grievance.

The right of the student to an equitable and timely resolution of a complaint filed hereunder will not be impaired by the person’s pursuit of other remedies such as the filing of a complaint with the responsible federal or state department agency.

The attached form may be used by students to file a disability-related grievance at the University of Massachusetts Dartmouth. This document, once fully completed, should be returned to:

Dr. George Smith
University ADA/504 Compliance Officer
University of Massachusetts Dartmouth
285 Old Westport Road
Foster Administration Building, Room 305
N. Dartmouth, MA 02747-2300
Phone: (508) 999-8008 / Fax: (508) 999-9201
Email: G1Smith@umassd.edu

We advise you to retain a copy for your own records.

Responsibility
The Center for Access and Success and the Equal Opportunity Office share responsibility for the contents related to this policy.

Further information about the rights of and resources for students with disabilities at the University of Massachusetts Dartmouth and the complaint procedure currently in place can be found at Procedures for Accommodating Students with Disabilities: http://www.umassd.edu/eeo/ada/faculty_gswd.cfm

Attachments
ADA Grievance Form - PDF | Online Web Form

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