Policy 1329
Disability Discrimination

Date of Current Revision: December, 2008
Primary Officer Responsible: Director of Human Resources
Secondary Officers Responsible: Director of Equal Opportunity and Coordinator of Disability Services

1. PURPOSE    

This policy sets out the university's commitment to providing a workplace and learning environment free from illegal discrimination on the basis of a disability. It also provides procedures for university community members to file internal complaints alleging discrimination on the basis of a disability against any employee or affiliate of the university. Procedures for complaints filed against students can be found in the JMU Student Handbook. Procedures for complaints about discrimination on the basis of other protected classes may be found in Policy 1324.

2. AUTHORITY

The JMU Board of Visitors has the authority to enact policies for all university community members. In cases where the board has not exercised that authority, it is delegated to the president. This policy is written in accordance with JMU Policy 1331, the Americans with Disabilities Act (ADA) (42 U.S.C. § 12,101 et seq.), and Section 504 of the Rehabilitation Act of 1973 (29 USC section 791, et seq.).

3. DEFINITIONS

Complainant:
A university community member who files a formal complaint under this policy.

Complaint:
The signed and written document required to file a complaint under this policy.

Complaint Commencement Date:
The date on which the complainant provides the coordinating office with the written and signed complaint.

Coordinating Office:
The office charged with the responsibility to coordinate the processing of a complaint of disability discrimination. Depending on the circumstances, this could be Disability Services ("DS"), the Office of Equal Opportunity ("OEO"), or the Office of Human Resources ("HR").

Day:
A calendar day. When the end of a specified period of days falls on a weekend or on a day when classes are not scheduled, that period shall be deemed to end on the next scheduled class day. (Example: A specified time period will not end during spring break or on any day between the end of the last summer session and the first scheduled class day of the fall semester. The specified time period will be continued until the next official class day.)

Disability:
A documented physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

Discrimination:
To take an adverse action or provide unequal treatment based on a person's disability or the perception of a disability when such action deprives a person of a privilege or right (such as a benefit, an equitable evaluation, a grade, a position or a promotion), or otherwise adversely affects the person. This also includes denial of reasonable accommodations for a disability in any employment matter, educational opportunity, or service provision.

Disability Services (DS):
The office the president has charged with providing secondary administration of this policy and procedure.

Office of Equal Opportunity (OEO):
The office the president has charged with administering this policy and procedure.

Register:
To file the appropriate documentation with the office responsible for serving as the first contact for a community member claiming a disability.

Respondent:
An employee or affiliate of the university against whom a complaint under this policy is filed.

University Community Member:
An individual employed or affiliated with the university in one or more of the following full- or part-time capacities:

  • Administrative and professional faculty member
  • Classified employee or other employee (such as wage or part time)
  • Instructional faculty member
  • Affiliate
  • Student (graduate or undergraduate)

4. APPLICABILITY

This policy applies when a member of the university community ("complainant") believes that he or she has been subjected to discrimination on the basis of a disability by an employee or affiliate of the university, ("respondent"), provided that at least a substantial portion of the alleged wrongful behavior either occurred on university-controlled, university-leased or university-owned property, or otherwise had a significant connection to the activities of the university.

A person who is not a member of the university community but who was a member when at least a substantial portion of the alleged wrongful behavior occurred is eligible to be a complainant. A complaint filed against a respondent who is no longer a university community member will be dismissed.

This policy relates specifically to the university's denial of any benefits, opportunities and/or exclusion from participation in programs or activities sponsored by the university, the denial of employment opportunities at the university, and the university's unreasonable refusal to provide requested accommodation for a documented disability. The complaint procedure is available for any person employed by or seeking employment by the university, all students, and all individuals utilizing a benefit, program or service provided by the university.

5. POLICY

The university is committed to providing all members of the university community a work and learning environment that is free from disability discrimination. Conduct that constitutes discrimination is a violation of university policy and is sanctionable.

This policy prohibits discrimination against a qualified individual on the basis of a documented disability. It applies in the employment relationship, including job application procedures, hiring, advancement, discharge, compensation, job training, or other terms and conditions of employment. It applies in the educational relationship with students, including application procedures, admissions, grades, discipline, dismissal, or other terms and conditions of matriculation. It applies in the provision of services that are provided by the university to students or other individuals. It applies to individuals who are associated with persons with disabilities. It is also a violation of this policy to retaliate against or harass an individual who files charges or participates in proceedings under this policy.

Any member of the university community who believes that he or she has been the victim of disability discrimination by an individual acting on behalf of the university may file a formal complaint of disability discrimination under this policy.

6. PROCEDURES

6.1 A complaint must be filed in writing or acceptable alternative medium and format (e.g., audiotape) and must contain the name and address of the complainant. Informal, oral, unsigned or anonymous complaints will not be investigated or accepted. The complaint must briefly describe the alleged violation of the policy, and should provide documentation and information about potential witnesses or persons with knowledge of the relevant facts, if any.

6.2 The complaint must be filed within 180 days after the complainant becomes aware of or experiences an alleged violation. This deadline may be extended at the discretion of the university, up to 300 days. Complaints shall be filed in the following manner:

  • Students who are registered with DS as having documented disabilities who believe they have been discriminated against on the basis of their disability may file a grievance with DS. If the complaint is against DS, students may file with OEO (540) 568-6991 or 568-7902 TDD.
  • Employees who are registered with HR as having documented disabilities who believe they have been discriminated against on the basis of their disability may contact the OEO. If the complaint is against the OEO, employees may contact HR (540) 568-3825.
  • Other individuals who believe they have been discriminated against on the basis of their disability may contact OEO.

6.3 The office receiving the complaint will act as the coordinating office, unless there is a conflict, in which case the complaint shall be forwarded to another appropriate office. If the complaint is against ODS, OEO and HR, the complaint will be coordinated through an individual designated by the president's office.

6.4 The coordinating office will review the complaint to determine whether this policy applies, and whether an investigation is warranted, based on the material submitted. If the coordinating office determines that this office does not apply, or determines that no investigation should be conducted, it will notify the complainant in writing within 10 days of receipt of the complaint. The decision that the policy does not apply, and the decision not to investigate are final decisions and may not be appealed.

6.5 If the coordinating office determines that this policy applies and an investigation is warranted, the investigation may be conducted by the coordinating office or assigned to an appropriate university representative. The investigator may decide to contact witnesses, seek information and documentation, meet with the complainant and/or respondent, or take any other appropriate steps to investigate the allegations. The details of the investigation are at the sole discretion of the investigator. The scope or details of the investigation are not subject to appeal.

6.6 If the complainant and respondent agree to resolve the matter informally, and if the coordinating office determines that such a resolution is in the best interest of the university, the coordinating office may accept the agreement and close the investigation. Any such agreement must be reduced to writing or other appropriate medium and filed with the coordinating office, showing agreement by the complainant, the respondent, and the coordinating office. The agreement shall be maintained in the coordinating office, and the file will be closed.

6.7 If there is no informal resolution of the complaint, and if an investigation is completed, findings and recommendations of the investigator may be filed in the coordinating office in a final investigation report. If the investigator is a representative outside of the coordinating office, this report will be reviewed by the coordinating office. The process is not a legal proceeding, and formal rules of evidence or procedure do not apply.

6.8 If the final report is filed or accepted by the coordinating office, the coordinating office shall provide the appropriate Associate or Assistant Vice President (AVP) with a copy of the report.

6.9 The appropriate AVP will direct any appropriate action to be taken, subject to review by the appropriate Vice President. The decision of the AVP is final, and may not be appealed. A summary of the AVP's decision shall be given to the complainant, with a copy to the respondent, but the findings and recommendations of the coordinating office will remain confidential, and will not be shared with the complainant or the respondent. The coordinating office will maintain the files of complaints in a manner designed to insure confidentiality within legal boundaries. Access to the files will be granted strictly on the basis of a legitimate need, or as required by law.

6.10 Extensions of the time limitations in this procedure are possible by mutual agreement of the coordinating office, the complainant and the respondent, or at the discretion of the coordinating office if compliance is not reasonably possible.

7. RESPONSIBILITIES

Disability Services is responsible for serving as the first contact for students who have disability-related discrimination complaints, questions, or concerns.

The Office of Equal Opportunity is responsible for serving as the first contact for employees who have disability-related discrimination complaints, questions, or concerns. It is also responsible for serving as a contact for visitors who have disability-related discrimination complaints, questions, or concerns.

The Office of Human Resources is responsible for serving as the secondary contact for employees who have disability-related discrimination complaints, questions, or concerns.

Supervisors are responsible for working with employees with documented disabilities in order to work toward providing any reasonable accommodation necessary to allow the employee to perform the essential functions of the job. See Policy 1331.

Faculty and staff are responsible for working with students with documented disabilities, registered with Disability Services, in the provision of appropriate and reasonable accommodations. See Policy 1331.

University offices sponsoring specific university activities are responsible for working with visitors in order to respond to requests for accommodations. See Policy 1331.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Complaints against individuals or groups acting individually and not on behalf of the university are not covered by this procedure. Third party complaints alleging discrimination against individuals other than the complainant will not be accepted.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Equal Opportunity.

Previous version: November, 2004

Approved by the President: December, 2008

Index of Terms

Americans with Disabilities Act (ADA)
Discrimination
Discrimination Complaint