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ADA and 504 Grievance Procedures for Tulane University Students:
Students with disabilities are responsible for contacting the Office of Disability Services regarding the necessity for or the timely and effective implementation of academic adjustments and/or auxiliary aids. The Office of Disability Services will work with university personnel and students with disabilities to resolve disagreements regarding the need for and/or implementation of academic adjustments/auxiliary aids.
In some instances, the accommodation offered by the Office of Disability Services will not be acceptable to the student. In such cases, the student may choose to engage the grievance procedure below. More generally, however, a student may use the procedure in any situation in which the student has a complaint or grievance alleging violations of the Americans with Disabilities Act (Pub. L. No. 101-336) and Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93-112, § 504, as amended).
The Procedure:
- All complaints alleging violation of the ADA or Section 504 must be made in writing to the Affirmative Action Officer/504 and ADA Coordinator within sixty (60) calendar days of the alleged violation or claim of failure to provide academic adjustments and/or auxiliary aids. The written complaint should specify the time, place and nature of the act claimed to be in violation. The complaint may be supplemented by supporting documents and/or affidavits from persons having first hand knowledge of the facts or other documentation and evidence which the alleging party feels supports the complaint.
- The Affirmative Action Officer/504 and ADA Coordinator will collect and investigate all pertinent facts and circumstances in support of the alleged violation within twenty (20) working days of receipt of the complaint, to include review and verification of all documentation, evidence and testimony by involved and/or knowledgeable parties.
- The Affirmative Action Officer/504 and ADA Coordinator may attempt resolution of a complaint through mutual agreement of the affected parties at any point during the course of the investigation. Should such resolution be achieved, the investigation shall be ended. The terms and conditions of the resolution agreement shall be issued to the charging party and the appropriate administrator of the party or department charged within ten (10) working days for review and signatures.
- Where resolution through mutual agreement is not achieved, written findings from the investigation regarding probable cause, along with a recommendation(s) for resolving the complaint, shall be forwarded simultaneously to the charging party and Senate Committee on Academic Freedom and Responsibility of Students. If a member of Senate Committee on Academic Freedom and Responsibility of Students is named as the party or is part of the department charged then he or she will not serve as a member during the grievance process in which he or she is charged.
- Within five (5) working days after receipt of the recommendation(s), the Senate Committee on Academic Freedom and Responsibility of Students shall decide whether to resolve the complaint on the basis of written submissions by parties or to hold a hearing.The committee shall notify the parties in writing of this decision and of the deadlines appropriate to its decision. If the Senate Committee on Academic Freedom and Responsibility of Students decides to hold a hearing with the involved parties to review the complaint and the recommendation(s) made by the Affirmative Action Officer/504 and ADA Coordinator consultation will be provided to the Senate Committee on Academic Freedom by the Office of Disability Services as requested. Both parties are allowed representation during the hearing but in no case shall the representation be legal counsel. The person(s) providing the representation may provide advice to his/her party but is not allowed to address the Committee or anyone else except his/her party.
- The Senate Committee on Academic Freedom and Responsibility of Students shall take final action on the complaint within ten (10) working days after the hearing is held (or after all submissions are made), or else show cause, in the written records of the grievance case, for an extension of that deadline.
- Either party may appeal the findings of the Senate Committee on Academic Freedom and Responsibility of Students to the University President (or the President’s designee) by filing a request for a review of a complaint alleging discrimination on the basis of disability or failure to provide academic adjustments and/or auxiliary aids within ten (10) calendar days of receipt of the finding.
- Within seven (7) calendar days of receipt of the initial findings, the University President shall render a final decision on the complaint.
- Upon final resolution of a complaint, copies of records will be forwarded to and maintained by the Affirmative Action Officer/504 and ADA Coordinator. All records relating to complaints of failure to provide academic adjustments and/or auxiliary aids are evaluative in nature and all medical information contained in complaint records shall be deemed confidential.
Contact Information:
Deborah Love, JD, Office of Institutional Equity (504/Grievance Officer)
Phone: (504) 862-8083
Fax: (504) 862-8220
Email: dlove1@tulane.edu
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