Section 504/ADA Complaint Procedure
If any student believes that his/her rights under 504 or the ADA have been violated, he/she may bring forward a complaint. Issues that can be the subject of a complaint in accordance with this policy include, but are not limited to, a denial of a requested accommodation, the inadequacy of an accommodation, the inaccessibility of a program or activity due to disability, or discrimination or harassment based on disability.
Informal Resolution of Complaints
The College encourages informal resolution of student concerns and complaints. If a student has a concern or complaint regarding any of the matters set forth above, the student can first attempt to resolve the problem through an informal discussion with The Director of Accommodations and Accessibility. To be timely, the student should initiate this informal discussion within twenty (20) days of the alleged act that gave rise to the complaint. If within ten (10) business days of the student's informal discussion with the Director, the student's complaint cannot be informally resolved to the satisfaction of the student, the student can file a written complaint under the formal procedure set forth below. A student is not required to resolve the matter though an informal discussion before filing a formal complaint pursuant to Section B.
Formal Resolution of Complaints
- A complaint should be filed in writing, and shall contain the name, address and telephone number of the person filing it, and briefly describe the nature of the complaint, including the location and the date of the alleged violation. The complaint shall be filed with the Vice President of Student Affairs.
- A complaint should be filed within thirty (30) days after the student becomes aware of the alleged violation.
- An investigation, as may be appropriate, will follow the filing of a complaint. The investigation shall be conducted by the 504 Compliance Committee. The College will conduct a prompt and thorough investigation, which affords the student, the subject of the complaint, other interested persons, and their representatives, if any, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint.
- A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the College's 504 Committee no later than twenty (20) business days after receipt of the complaint. A copy of the written determination shall be forwarded to the student.
Appeal of Decision on Formal Complaint
The student can request reconsideration of the resolution of a formal complaint if he or she is dissatisfied with the resolution. Appeals should be made within five (5) business days to the Vice President/Dean of Student Affairs. The Vice President/Dean of Student Affairs has twenty (20) business days to respond to the appeal. Decisions of the Vice President/Dean of Student Affairs are final and are not appealable.
- The College's Director of the Office for Accommodations and Accessibility shall maintain the files and records of the College relating to complaints filed under this policy.
- Every effort will be made by the College to protect the confidentiality of the parties under this policy. Records will be maintained in a confidential manner to the extent permitted by law.
- The right of a student to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the student's pursuit of other remedies, such as the filing of a Section 504/ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
- This procedure shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that Marist College complies with Section 504/ADA and implementing regulations.
- Retaliation against any student under this grievance procedure or against any person who assists a student in his/her pursuit of a complaint under this grievance procedure is strictly prohibited.