Americans with Disabilities Act (ADA)/Section 504 Grievance Procedures

Americans with Disabilities Act (ADA)/Section 504 Grievance Procedures

I. Overview

The University of Alabama does not discriminate on the basis of disability with regard to employment, application for employment, or its education programs or activities. Pursuant to its Equal Opportunity and Non-Discrimination Policy, Harassment Policy and Notice Under the Americans with Disabilities Act the University is committed to compliance with all applicable laws and providing equal opportunity in its education programs and activities for individuals with disabilities who are otherwise qualified.

These Grievance Procedures are established to meet the requirements of Federal laws and regulations, including the Americans with Disabilities Act (ADA) of 1990, the ADA Amendments Act of 2008, and Sections 503 and 504 of the Rehabilitation Act of 1973.

The University’s Executive Director of Equal Opportunity and Title IX Programs has been designated as the campus-wide ADA/504 Coordinator (hereinafter, the “ADA Coordinator”):

Beth Howard, University of Alabama ADA/504 Coordinator
Office of Equal Opportunity and Title IX Programs
2418 Capital Hall, Box 870259
Tuscaloosa, AL 35487
eop@ua.edu
Voice: (205) 348-5496
TTD: (205) 348-5573
For more information, please refer to the University’s Notice Under the Americans with Disabilities Act.

II. Purpose of Grievance Procedures

These grievance procedures are designed to address reported concerns regarding the following:

• Inaccessibility of a University of Alabama facility, service, and/or education program or activity;
• Harassment or Discrimination on the basis of disability, including granting or implementing a requested service, accommodation, or modification of a University practice or requirement.
  • If a University department has internal grievance procedures designed to mitigate or resolve disagreements related to the provision of services, the individual is encouraged to first utilize those preliminary processes in an effort to resolve the dispute, unless the individual is alleging discrimination against the decision-maker in that process.

III. Submission of a Grievance

Grievances may be submitted by any individual who wishes to file a complaint as set forth in Section IV. above.  The grievance can be submitted verbally or in writing and should contain:

• Information regarding the alleged discrimination such as the name and contact information of the reporter;
• The name and contact information of the complainant (if different from the reporter);
• The location, date, and full description of the concern.
• A description of what, if any, efforts have been made to resolve the concern; and
• The requested remedy.

Grievances should be addressed, as soon as possible, to the ADA Coordinator:

Office of Equal Opportunity and Title IX Programs
Beth Howard, University of Alabama ADA/504 Coordinator
2418 Capital Hall, Box 870259
Tuscaloosa, AL 35487
eop@ua.edu
Voice: (205) 348-5496
TTD: (205) 348-5573
Alternative means of submitting grievances will be made available for individuals with disabilities upon request.

IV. Processing of Grievance

A. Investigation Process

The ADA Coordinator or designee will investigate the grievance as may be appropriate and make reasonable efforts to resolve the matter. Unless the ADA Coordinator determines that a formal investigation is needed, the investigation will be informal but thorough, affording all interested persons an opportunity to submit evidence or other information relevant to the grievance. In an informal process, the ADA Coordinator will review the relevant information obtained during the investigation and make a determination regarding the validity of the grievance and a description of the resolution, if any. The ADA Coordinator will respond to the complainant in writing, and where appropriate, in a format accessible to the complainant, such as large print or audio recording, within twenty business days after receipt of the grievance.

If the ADA Coordinator determines that a more formal investigation is warranted pursuant to the Harassment Policy and/or Equal Opportunity and Non-Discrimination Policy, the ADA Coordinator will conduct a detailed and thorough fact-finding investigation which may include any steps deemed appropriate by the ADA Coordinator. The ADA Coordinator will review the relevant information obtained during the investigation and make a determination regarding whether, based on a preponderance of the evidence, the relevant evidence supports a finding of a Harassment Policy and/or Equal Opportunity and Non-Discrimination Policy violation. Reasonable efforts will be made to complete the formal investigation process within ninety (90) calendar days from the initiation of the investigation. The ADA Coordinator will notify the complainant and other appropriate individuals in writing, and where appropriate, in a format accessible to the complainant, such as large print or audio recording, of the determination within twenty (20) business days of the conclusion of a formal investigation. The complainant will also be notified of any steps taken, if any, to remediate the concern.

Extenuating circumstances could require the process to extend beyond the time frames set herein and the University will determine in its discretion if such circumstances exist and will notify the complainant of any delay in the process.

B. Appeals

Unless otherwise provided in the Employee Handbook or Faculty Handbook, the ADA Coordinator’s determination, disciplinary sanctions (if applicable), and referrals to other departments are final.

V. Anti-Retaliation

Retaliation is any action that a reasonable person would expect to have the effect of intimidating, threatening, coercing, or discriminating against a person for engaging in a legally protected activity such as asserting their rights under the ADA or Rehabilitation Act. Pursuant to the Harassment Policy Equal Opportunity and Non-Discrimination Policy, retaliation is prohibited. Complaints of retaliation can be made to the Office of Equal Opportunity and Title IX Programs.

VI. Preservation of Records

All records will be maintained pursuant to the University’s Record/Data Retention and Destruction Policy.