Maryville University ADA Accommodation Appeal Procedure

Scope and Purpose

The University supports individuals in the right to file a grievance when an individual believes they have been denied equal access in the form of appropriate accommodations, modifications, auxiliary aids or effective communication as described in Sections 503 & 504 of the Rehabilitation Act of 1973, The Americans with Disabilities Act Amendments Act of 2008, or the Missouri Human Rights Act (RSMo § 213). In accordance with these laws, Maryville University strives to ensure that all accommodations offered to community members, who provide adequate documentation of a diagnosed disability, sufficiently meets their needs. The purpose of these procedures is to provide the process for addressing grievances with the accommodations offered. The procedure is a means to help community members understand methods available to them in the event a problem should arise regarding issues of accommodation. The University will conduct a fair and impartial evaluation of all grievances, with due regard for the rights of all parties.

These procedures are only to appeal the decisions of the Office of Disability Support and Success and Human Resources in regards to either: (1) Letter of Accommodation; or (2) Denial of Accommodation Request. Any complaints of harassment in violation of the University’s Policy Against Harassment, Discrimination and Retaliation should be made on the Office of Institutional Equity & Compliance webpage.

These procedures apply to all University students, faculty, and staff. These procedures do not replace any other University policies or procedures.

Policy

Maryville University is committed to providing equal educational and employment access for all of members of the Maryville community by ensuring that members with disabilities receive reasonable accommodations that support effective participation in all aspects of the educational experience. The University strives to remove barriers for individuals with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. Further information can be found under the University’s Disability Services Policies here.

Complaints arising from a matter regarding disability type accommodation should be brought to the attention of the Office of Institutional Equity & Compliance for further review and will be subject to the grievance procedures as outlined below.

Definitions

• Grievance: Grievance means a formal complaint alleging any policy, procedure or practice which would be prohibited by the Americans with Disabilities Act Amendments Act (ADAAA) or any other federal, state, or local anti-discrimination laws.
• Grievant: Grievant means any member of the Maryville University Community who submits a grievance relevant to any of the specified laws.

Time Frame to File an Appeal

Upon receiving a written Letter of Accommodation or a Denial of Accommodation Request from the Office of Disability Support and Success and Human Resources, a Grievant has fifteen (15) days to file an appeal. The appeal must be submitted in writing to the Office of Institutional Equity & Compliance. Although the length of each Grievance Process will vary depending on the totality of the circumstances, the University strives to issue the Officer’s written determination within thirty (30) days of the receipt of the Formal Grievance.

Grievance filing

The Grievant shall submit a Formal Grievance to the Office of Institutional Equity & Compliance unless the grievance is against a member of the Office of Institutional Equity & Compliance. In that case, grievances shall be submitted to the Vice President for Finance and Facilities. Grievances must be in writing and can be be submitted by email, mail, or in person to a staff member for the Office of Institutional Equity & Compliance. Grievances must include the following information:

  1. Name, telephone number, and Maryville email address for Grievant(s);
  2. Grievant’s diagnosed disability with supporting documentation of such a qualifying disability
  3. Where applicable – a signed Family Education Rights and Privacy Act (FERPA) Release Form
  4. A summary of how the proposed accommodations are insufficient
  5. A statement of the requested resolution for corrective action and the individual’s rationale for any requested accommodations, if any;
  6. Any background information and/or supporting documentation the grievant believes to be relevant;
  7. Signature of the person initiating the complaint.

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords students the right to have access to their education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. An education record is any record that contains information directly related to a student that is maintained by the institution. This includes, but is not limited to, grade information, disciplinary documentation, medical records, and billing and financial aid data. In order to access any medical records that a student has provided to the University, for the purpose of the evaluation of a Formal Grievance, the Office for Institutional Equity & Compliance must receive a signed and completed FERPA Release Form.

Evaluation Process

Upon receipt of a Formal Grievance against a Letter of Accommodation or a Denial of Accommodation Request, as well as a signed and completed FERPA Release Form, the Executive Director of the Office of Institutional Equity & Compliance, or their designee, will promptly contact the Office of Disability Support and Success or Human Resources, and request all materials relative to the Grievant’s initial Accommodation Request Form.

After reviewing the Formal Grievance and the materials received from the Office of Disability Support and Success or Human Resources, the Office of Institutional Equity & Compliance reviewer will meet separately with the Grievant and a Representative from the Office of Disability Support and Success or Human Resources, to provide each party with an opportunity to make any oral statement or commentary the party wishes to make and for the Reviewer to ask any questions. The Reviewer will also accept any additional information obtained by the Grievant from treating specialists. After meeting with each party, the Reviewer will objectively evaluate all relevant materials.

Thereafter, the Reviewer will consult with any University Official and will prepare and transmit a written decision, stating whether the Letter of Accommodation or Denial of Accommodation Request will be upheld, modified, or overturned, as well as the rationale supporting the decision.

Transmittal of the Office of Institutional Equity & Compliance written determination concludes the Grievance Process, and there will be no further means of appeal through the University.

Although the length of each Grievance Process will vary depending on the totality of the circumstances, the University strives to issue the Officer’s written determination within thirty (30) days of the receipt of the Formal Grievance.

If the complaint is not resolved at the University level, the aggrieved faculty, staff, or student may choose to file a complaint with the Federal Office for Civil Rights, Missouri Commission on Human Rights, the St. Louis Civil Rights Agency, The United States Attorney’s Office Civil Rights Coordinator, or the Equal Employment Opportunity Commission. These entities will take complaints and will investigate when appropriate.

Contact Information

Office for Civil Rights
Kansas City Office
U.S. Department of Education
One Petticoat Lane
1010 Walnut St., Suite 320
Kansas City, MO 64106
Telephone: (816) 268-0550
Ocr.kansascity@ed.gov

Missouri Commission on Human Rights
3315 W. Truman Blvd., Room 212
P.O. Box 1129
Jefferson City, MO 65102-1129
Telephone: (573) 751-3325 or (888) 781-4236

St. Louis Civil Rights Enforcement Agency
1114 Market St., #932
St. Louis, MO 63101
Telephone: (314) 622-3301

Civil Rights Coordinator
United States Attorney’s Office for the Eastern District of Missouri
111 S. 10th St., Suite 20.333
St. Louis, MO 63102
Telephone: (314) 539-2309

U.S. Equal Employment Opportunity Commission
St. Louis District Office
Robert A. Young Federal Building
1222 Spruce St., Room 8.100
St. Louis, MO 63103
Telephone: (800) 669-4000