Policy: Complaint Procedure for Students with a Disability (1B.4.1)

See PDF copy of this procedure.
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System Policy 1B.4

I. Refusal of Appropriate Accommodations by a Faculty Member: A disabled student is refused accommodations by a faculty as deemed appropriate by the Director of Disability Support Services (DSS).

1. Student files a complaint with the Director of DSS or with the Americans with Disabilities Act (ADA) Coordinator,

2. Director of DSS will meet with faculty member to explain there has been a complaint filed for refusing to accommodate a disabled student. Director of DSS will also explain the laws that govern the rights of disabled students. The faculty member has two choices.

Comply: If the faculty member complies; all findings are placed in the student’s DSS file.

Refusal: Director of DSS and the ADA Coordinator will meet and review the information. After this they will take their findings to the Vice President of Academic Affairs for disciplinary action.

Note: No complaint shall be considered or processed unless it is submitted within 20 school days after the occurrence.
All appropriate findings will be given to all parties involved.

II. Perception of discrimination by a Faculty and/or Staff member and/or Group on the basis of a Disability:
When a student with a disability feels he/she has been singled out or mistreated by a Faculty and/or Staff member on the basis of a disability, he/she should refer to RCTC and MNSCU Board Policy 1B.1 Nondiscrimination in Employment and Education Opportunity. Any student faculty member or employee who knows of receives information about or receives a complaint of discrimination/harassment is urged to report the information or complaint to the designated officer or the college RCTC.

III. Denial or Termination of Accommodations: Disabled student is denied and/or has services terminated after Director of DSS reviews documentation and/or witnesses’ abuse of services.
1. Student files a complaint with the ADA Grievance Coordinator,

2. ADA Coordinator will collect and review all information and determine if the Director of DSS made the appropriate decision;

3. The ADA Coordinator will either uphold or overturn the decision. All information will be placed in the student’s DSS file. If the student does not agree with decision of the ADA Coordinator, it moves to step 4;

4. The ADA Coordinator will assemble a committee to hear all relevant information. The committee will consist of ADA Coordinator, one faculty member and one staff member, and one student from the DSS program. This committee will review all the facts and determine if Director of DSS made the appropriate decision. If the findings show the Director of DSS acted appropriately the information is placed in the student’s DSS file and the case is closed. If the committee chooses to overturn the decision the accommodation and/or services will be reinstated under a contract.

Note: No complaint shall be considered or processed unless it is submitted within 20 school days after the occurrence.
All appropriate findings will be given to all parties involved.
All students will be provided accommodations as needed to locate the proper individuals to help start the grievance procedure. They also will be given accommodations in filling out grievance form. All services are provided through the ADA Grievance Coordinator office located on Heintz Center Campus B114 or phone (507) 285-7119 and Disability Support Services office located on RCTC campus SS168 or phone (507) 280-2968. Minnesota relay service: TTY 1-800-6273529.

Date of Implementation: March 29, 2000
Date of Adoption: March 29, 2000
Revisions Adopted: 3/5/2007