The Center for Accessibility and Disability Resources (CADR) has the responsibility of determining a student’s need for accommodation. This determination is made through a two-part process: review of documentation of disability and an intake interview. If the CADR staff determine a student is eligible for accommodations, the CADR is responsible for coordinating the accommodations with the student, the instructors and third party service providers.
Title II of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act (1973) were intended to prevent discrimination against individuals with disabilities. They provide that:
“No otherwise qualified person with a disability in the United States…shall, solely by reason of…disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by a public entity.”
University of Lynchburg faculty and staff strive to provide each student with positive educational experiences and helpful services. Even so, it is understandable that complaints will arise from time to time. To address and resolve concerns as quickly as possible, all students are encouraged to address complaints to the office responsible for overseeing the area of concern.
If a student believes they have experienced discrimination due to a disability or perceives an issue with ADA compliance, they have the right to seek resolution or file a grievance. Prompt resolution of such matters is in the best interest of the student, faculty, staff, and the University.
A. Disability Grievance Procedure: If the student was denied accommodations, believes the accommodation(s) provided are not reasonable, or the accommodations were not provided as approved, or if the student believes for any other reason that they have been subjected to unlawful discrimination or violation of rights with respect to the granting or implementation of their request for accommodations under the ADA and Section 504 of the Rehabilitation Act, the student should follow the procedure below. During the resolution/grievance process, any academic accommodations or services that have been put into place will continue uninterrupted. The CADR recognizes that it is important to address the student’s concerns promptly. The goal of all University personnel should be to accomplish each step of this grievance process as quickly as possible.
Students desiring to seek resolution or lodge a grievance are encouraged, but not required, to consult with the Accessibility and Disability Resources Coordinator (ADRC) as soon as concerns arise. The ADRC will attempt conflict resolution at the lowest level possible and move forward when necessary to the next appropriate level. If the dispute cannot be resolved by this informal procedure within (fourteen) 14 calendar days of the date on which the informal procedure was initiated, the student may then lodge a formal written grievance.
B. Informal Resolution Procedure: If a student with a documented disability believes that they have not been provided with the services to which they are entitled, or believes for any other reason that they have been subjected to unlawful discrimination, the student should direct their complaint to the Accessibility and Disability Resources Coordinator (Coordinator). Through an informal process, the DSC will review the matter, allowing all interested parties an opportunity to submit relevant information, statements and documentation. The Coordinator will attempt to reach an agreement through an informal mediation process. If an agreement is reached, a copy of the agreement shall be provided to the student and the involved University employee. The Coordinator will make a decision regarding the informal grievance within ten (10) working days of the meeting with the student and will notify the student of the decision. The Coordinator’s decision will be in writing and may be sent to the student by either email or U.S. Mail.
C. Informal Resolution Procedure (with ADRC): If the student’s dispute or complaint involves a decision of the Accessibility and Disability Resources Coordinator (Coordinator), the student may seek informal resolution through the Associate Provost and Dean of General Studies (Associate Provost). Through an informal process, the Associate Provost will review the matter, allowing all interested parties an opportunity to submit relevant information, statements and documentation. The Associate Provost will attempt to reach an agreement through an informal mediation process. If an agreement is reached, a copy of the agreement shall be provided to the student and the involved College employee. The Associate Provost will make a decision regarding the informal grievance within ten (10) working days of the meeting with the student and will notify the student of the decision. The Associate Provost’s decision will be in writing and may be sent to the student by either email or U.S. Mail.
D. Formal Grievance Procedure:
1. If the student is not satisfied with the result of the Informal Grievance Process with the Coordinator or the Associate Provost, the student may initiate a formal grievance (the “Formal Grievance”) by requesting and filing a formal Disability Grievance form. Formal Grievances should be directed to the Diversity and Inclusion Officer (Officer) with the Office of Equity and Inclusion.
2. After the Officer receives the grievance form, they will conduct a formal investigation of the student’s Formal Grievance. This review will involve meeting with the student, and may also involve meeting with Center for Accessibility and Disability Resources staff, faculty members, and/or other concerned staff members. The student has a right to present information in person to the Officer.
3. If an agreement is reached, a copy of the agreement will be provided to the student and the involved University employee. The grievance form may be obtained from the Office of Equity and Inclusion or online. The form should be completed and submitted to the Officer within (twenty-one) 21 working days of the date of the Coordinator or Associate Provost’s decision regarding the Informal Grievance Process or 30 working days of the disputed incident, whichever date is later. The Officer’s decision will be in writing and may be sent to the student by either email or U.S. Mail.
4. If an agreement cannot be reached, the Officer will convene an ADA Evaluation Committee for the purpose of evaluating the case and making a recommendation to the Provost. The decision of the Provost is final. The members of the ADA Compliance Committee will be the Diversity and Inclusion Officer, Accessibility and Disability Resources Coordinator, Associate Provost and Dean of General Studies, Vice President for Business and Finance and Provost. A written decision will be issued by the Provost within (thirty) 30 working days of receipt of the grievance form.
Effective May 2018
- Accessibility and Disability Resources Coordinator, Julia Timmons, or 434-544-8687
- Diversity and Inclusion Officer, Aaron Smith, or 434.544.8540
- Associate Provost and Dean of General Studies, Dr. Allison Jablonski, or 434-544-8367