Policy #1329
Disability Discrimination Complaint Procedure

Date of Current Revision: January, 2004
Primary Office Responsible: Human Resources
Secondary Offices Responsible: Office of Affirmative Action (for ADA), Office of Disability Services (for Rehabilitation Act of 1973, Section 504)

1. PURPOSE
   
   This policy is intended to describe the university’s process for dealing promptly and fairly with complaints related to disability matters.
   
   
2. AUTHORITY
   
   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 person filing a formal complaint under this procedure.
   
   Coordinating Office:
   The office coordinating the processing of a complaint of disability discrimination. Depending on the circumstances, this could be the Office of Disability Services, the Office of Affirmative Action, or the Office of Human Resources. See Procedure 3 below.
   
   Day:
   All days listed in this policy are regular business days when the university is open for business. Weekends and official holidays are excluded.
   
   Deadlines:
   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.
   
   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:
   Denial of any benefits and/or exclusion from participation in programs, activities, or employment on the basis of a disability.
   
   Respondent:
   A person or group alleged in a formal complaint to have discriminated against a complainant.
   
   
4. APPLICABILITY
   
   This policy relates specifically to the university’s denial of any benefits 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 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 current students, and all individuals utilizing a benefit, program or service provided by the university.
   
   
5. POLICY
   
   Any person who believes that he or she has been the victim of disability discrimination by an individual or group 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 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. It 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 10 days after the complainant becomes aware of or experiences an alleged violation. Complaints shall be filed in the following manner:
   
   
   • Students with documented disabilities who believe they have been discriminated against on the basis of their disability may file a grievance with the Office of Disability Services. If the complaint is against the Office of Disability Services, students may contact the Office of Affirmative Action. (540) 568-6991 or 568-7902 TDD.
     
     
   • Staff members with documented disabilities who believe they have been discriminated against on the basis of their disability may contact the Office of Human Resources. If the complaint is against the Office of Human Resources, staff members may contact the Office of Disability Services (540) 568-6705, also TDD.
     
     
   • Faculty members with documented disabilities who believe they have been discriminated against on the basis of their disability may contact the Office of Affirmative Action. If the complaint is against the Office of Affirmative Action, faculty members may contact the Office of Human Resources (540) 568-3825.
     
     
   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 the appropriate office. If the complaint is against all three of these offices, it would be coordinated through the president’s designee.
   
   6.4 The coordinating office will review the complaint to determine whether an investigation is warranted, based on the material submitted. If the coordinating office determines that no investigation should be conducted, it will notify the complainant in writing within 10 days of receipt of the complaint. The decision not to investigate is final.
   
   6.5 If the coordinating office determines that an investigation is warranted, the investigation may be conducted by the coordinating office or assigned to an appropriate university representative. The investigation shall afford the complainant and the respondent an opportunity to submit evidence relevant to the dispute. 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 process is not a legal proceeding, and formal rules of evidence or procedure do not apply.
   
   6.6 If the complainant and respondent agree to resolve the matter informally (without further involvement by the investigator), 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 without findings. Otherwise, the investigator will continue with 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 an investigation is completed, findings and recommendations of the investigator shall 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, which may accept the report, reject the report, or ask for more information from the investigator.
   
   6.8 If the final report is accepted by the coordinating office, the coordinating office shall provide the complainant and the respondent with a copy of the report. The coordinating office may attempt to negotiate a resolution of the matter between the parties, if the coordinating office finds that such a resolution is in the best interest of the university. If there is no resolution acceptable to the complainant, the respondent, and the coordinating office, the coordinating office shall issue a final decision within 10 days of notice to the complainant and respondent of the final report.
   
   6.9 The decision of the coordinating office shall be given to the complainant, with a copy to the respondent. The decision of the coordinating office is final.
   
   6.10 The decision may include any one of the following findings:
   
   1. No discrimination was found.
   2. Discrimination occurred, but the university responded appropriately.
   3. Discrimination occurred, and the university needs to respond appropriately. A finding under this section may result in a separate recommendation on appropriate responses by the university. Such a recommendation shall be made to the President, but copies are not available to the complainant or the respondent.
      
      
   6.11 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.
   
   

7. RESPONSIBILITIES
   
   The Office of Disability Services is responsible for serving as the first contact for students who have disability-related discrimination complaints, questions, or concerns.
   
   The Office of Affirmative Action is responsible for serving as the first contact for faculty members who have disability-related discrimination complaints, questions, or concerns.
   
   The Office of Human Resources is responsible for serving as the first contact for classified and wage 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.
   
   Faculty and staff are responsible for working with students with documented disabilities, registered with the Office of Disability Services, in the provision of appropriate and reasonable accommodations.
   
   
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 Human Resources.
    
    

Original Policy: July 8, 1996
Revision Draft: October 26, 2000

Approved
November 2001
by Dr. Linwood H. Rose, President

Index of Terms

Americans with Disabilities Act

Discrimination

Discrimination Complaint