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ADA Grievance Procedures

Mid Michigan College is dedicated to providing a safe and healthy environment that is nondiscriminatory in nature, in which all individuals are treated with respect and equality. Mid does not discriminate or permit discrimination on the basis of disability in matters of admission, employment, services, educational programs, or activities.

The College has adopted internal grievance procedures which provide a venue for a prompt, equitable, and impartial resolution of grievances alleging any action prohibited by the ADA or Section 504.These procedures apply to complaints of discrimination or harassment on the basis of disability and pertain to all members of the campus community including: students, faculty, staff, employment and admission applicants, vendors, contractors, and third parties.Under this Policy, complaints alleging discrimination or harassment on the basis of disability are referred to as ‘grievances’ and the individual alleging such discrimination or harassment is referred to as the ‘Grievant.’ The office, department, or individual to whom the grievance is referenced as the ‘Respondent.’

The paramount objective of the grievance procedure is resolution and a key component to resolution is communication.Initially in an effort to reach resolution, students should address their concern with the Office of Disability Services Coordinator; Faculty should direct their concerns to the appropriate Dean; Staff should communicate their concern to their immediate supervisor. In the event that a resolution cannot be reached, students, faculty, and staff are encouraged to file a grievance with one of the College’s ADA/Section 504 Coordinators, following the process outlined below.

Investigation and Determination

  • The grievance will be routed to the appropriate ADA/Section 504 Coordinator, for review. The review will be conducted as expeditiously as possible. This review encompasses an informal but thorough review which shall provide interested persons with an opportunity to submit statements and relevant evidence to the grievance.
  • If the Coordinator determines that a fact-finding investigation process is required, both the Grievant and Respondent will be given written notification. During the fact-finding investigation, the Grievant and their representative, if any, will have the opportunity to describe the allegations and present supporting witnesses and/or other evidence. The Respondent and their representative, if any, will have the opportunity to acknowledge the allegations and present supporting witnesses and/or other evidence.
  • The Coordinator will review evidence and will approve and meet with additional witnesses identified by the Grievant, Respondent, or third parties.
  • Within 45 business days after the filing, the Coordinator will issue a written Determination of Finding, using the preponderance of the evidence standard. The determination will include a conclusion summary, the finding, and any recommendations or resolutions. Copies will be forwarded to the Grievant, the Respondent, and the appropriate College authority, if necessary. If needed, the appropriate College authority will review the recommendation or resolution outlined by the ADA/Section 504 Coordinator to determine any corrective action plans. If there are circumstances that affect the Coordinator’s ability to reach witnesses, review documents, or reach a determination (e.g., school breaks, the availability of persons/witnesses with information), the timeline may be extended. If this should occur, both the Grievant and Respondent will receive written notice with an explanation.
  • The office of Security Operations and Systems will maintain the files and records relating to the grievance.

APPEALS

In the event that a Grievant or Respondent is dissatisfied with the determination by the Coordinator, a request for reconsideration may be filed. The request for reconsideration must be filed within 10 business days of the receipt of the finding determination to the ADA/Section 504 Coordinator. The request should be submitted in writing and specify the substantive and/or procedural basis for the Appeal. The ADA/Section 504 Coordinator will forward the request onto the President of the College. The President will review the Appeal and issue a final written decision. The final determination shall be issued within a reasonable period of time, generally no longer than 15 business days after receipt of the Appeal. Copies will be provided to all required persons.

CONFIDENTIALITY

Mid will endeavor to maintain the confidentiality of information that is shared throughout the grievance process. However, disclosure may be required for the purposes of the fact-finding investigation or in efforts to resolve the grievance. In the limited occurrences where disclosures must be made, disclosure will be confined to persons necessary in the fact-finding investigation or to further address the grievance. The persons involved will be apprised of the relevance of confidentiality in the process and will be asked to maintain the confidentiality of the Grievant’s identity and information discussed.

A Grievant should be cognizant that when a grievance is specifically directed against one or more individuals, the grievance itself, or portions thereof, will be disclosed to the accused individual(s) for purposes of response.

RETALIATION

Mid prohibits retaliation against any person who requests accommodations, files a grievance alleging disability discrimination, or participates in the grievance process. Any concerns about retaliation related to this process should be immediately disclosed to the appropriate ADA/Section 504 Coordinator or designee.

ALTERNATIVE AVENUES FOR FILING A GRIEVANCE

While Mid encourages persons who believe they have been discriminated against to use the College’s disability-related grievance process, all persons have a right to file a complaint with the U.S. Department of Education, Office of Civil Rights (OCR). OCR’s contact information is as follows:

Cleveland Office
Office of Civil Rights, U.S. Department of Education

1350 Euclid Avenue, Suite 325
Cleveland, OH 44115-1812
Telephone 216-522-4960; Fax 216-522-2573; TDD: 800-877-8339
E-mail OCR.Cleveland@ed.gov

Filing a Grievance

Grievances should be filed with the appropriate ADA/Section 504 Coordinator within 30 calendar days after the Grievant becomes aware of the alleged violation, using the online ADA Grievance Form.

ADA Grievance Form

 
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