This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act (ADA) which 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, programs, or activities of a public entity, or be subject to discrimination by any such entity." (42 U.S.C., Section 12102 et. seq.) This procedure may be used by persons who believe they have been subject to discrimination. Those persons may file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by Southern Illinois University Edwardsville.
A complaint filed under this grievance procedure must be in writing and must contain a concise statement of alleged discrimination or the discriminatory condition and must include the name, address, and phone number of the complainant. The complaint shall also include the date of the alleged discrimination and a statement of the specific redress sought. The University will consider providing alternative means of filing complaints, such as personal interviews, for persons with disabilities upon request to the ADA Coordinator.
A complaint filed under this procedure must be submitted by the complainant or the complainant's designee no later than forty-five (45) working days after the alleged discrimination or discriminatory condition occurs or forty-five (45) working days after the date on which the complainant knew or reasonably could have known of the alleged discrimination or discriminatory condition. All complaints must be filed with the ADA Coordinator in the Office of Institutional Compliance, who is the University's designated ADA coordinator.
The ADA Coordinator or the Coordinator's designee shall investigate the complaint and make reasonable efforts to resolve the complaint. The investigation shall be informal and shall afford interested persons an opportunity to submit evidence relevant to the complaint.
Within twenty (20) working days after receipt of the complaint, the ADA Coordinator or designee shall provide a written response to the complainant. The response will explain the position of Southern Illinois University Edwardsville and will offer options for resolution of the complaint.
The complainant or the complainant's designee may appeal the decision of the ADA Coordinator to the Chancellor within ten (10) working days. The Chancellor or the Chancellor's designee will respond to the complainant in writing within twenty (20) working days of the Chancellor's receipt of the appeal.
The resolution of a complaint will require, without limitation, consideration of all factors permitted under the ADA including reasonable accommodations, the specific nature of the disability, the nature of the service, program or activity at issue, and its essential eligibility requirements. Other considerations include 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 Southern Illinois University Edwardsville
All written complaints received by the ADA Coordinator, appeals to the Chancellor and responses from the ADA Coordinator and the Chancellor or the Chancellor's designee shall be kept by Southern Illinois University Edwardsville for at least three years.
Use of this grievance procedure does not limit an individual's pursuit of other remedies.
Approved by Chancellor effective 7/14/93
This policy was issued on July 21, 2005, replacing the November 1, 2002 version.
Document Reference: 1Q7
Origin: OP 7/14/93