1.0 POLICY & PURPOSE
Laramie County Community College has a responsibility to meet the requirements of the Americans with Disabilities Act (ADA) of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended.
The purpose of this procedure is to provide a process for students who wish to file a grievance alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by LCCC.
Students with disabilities are required to file a complaint or request accommodations through the LCCC Disability Support Services (DSS) office and make every effort to resolve problems on an informal basis prior to filing a formal grievance. The College will make every effort to insure that problems are fully explored while the privacy of the student involved is respected. Alternate format of filing complaints, such as a personal interview or a tape recording of the complaint, will be made available for a person with a disability, upon request.
The right of a person to a prompt and equitable resolution shall not be impaired by the person’s right to other remedies such as filing an ADA complaint with a Federal department or agency. Use of this grievance procedure is not a prerequisite to other options.
2.0 REVISION HISTORY
- Adopted on: 2/24/00
- Revised on: 4/5/11, 4/12/11
3.0 PERSONS AFFECTED
Students, Faculty and Staff
4.0 DEFINITIONS
- Section 504 of the Rehabilitation Act – Extends civil rights to people with disabilities. It allows for reasonable accommodations such as special study area and assistance as necessary for each student.
- Americans with Disabilities Act (ADA)— The Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability.
- ADA Coordinator – Person designated by the president to represent student ADA concerns as they arise. The Disability Support Services Coordinator located in the Education and Enrichment Center; Room 223 is the student representative for ADA concerns.
- Complainant – The person filing a complaint in accordance with the Informal Complaint Process.
- Grievant – The person filing a grievance in accordance with the Formal Grievance Procedure.
- Respondent – The person against whom the formal grievance is filed.
- Working Days – Any day the College’s administrative offices are open.
- Alternate Format – Written statements may be presented in alternate formats such as tape recordings, personal interviews, large print, or Braille upon request.
- Accessible Format – Written responses may be delivered in different formats such as large text, Braille or audio format, upon request.
5.0 PROCEDURES
- Informal Grievance Procedures – The informal grievance procedure is a verbal process that must be started within twenty (20) working days of the alleged discrimination.
- It is strongly recommended that the complaint be discussed initially between the persons involved. Most misunderstandings and problems can be resolved in this manner. The initial complaint must be made to the student ADA Coordinator. If the complainant genuinely believes there is a communication barrier between the parties involved, they may request a mediator to be present. The mediator can communicate the complaint to the respondent. The mediator will secure a written information release from the complainant before proceeding. The ADA Coordinator has ten (10) working days from the date of notification to attempt to resolve the complaint. A written record will be filed in the DSS office.
- If the complainant is unable to resolve the problem on a one-to-one basis, the complainant should take the complaint to the supervising dean of the ADA Coordinator. When the complaint involves the dean, the complainant should notify the Vice President of Instruction.
- The dean will consider information as to the nature of the complaint, the identity of any individuals involved and the actions taken, thus far, by all involved parties to resolve the complaint.
- The dean will have ten (10) working days after meeting with student to attempt to resolve the complaint. A written record will be kept by the dean.
- If the above steps do not result in a solution, the dean will notify the complainant in an accessible format and the complainant may file a formal written (or alternate format) grievance, which will be processed according to the Formal Grievance Procedure outlined below.
- Formal Grievance Procedure – If the complainant has been unable to resolve the complaint or problem using the Informal Grievance Procedure, the complainant may proceed with the steps below:
- The Formal Grievance Procedure begins with a written (or alternate format) statement which must be filed within (10) working days after the failure to resolve the complaint informally.
- The Formal Grievance Procedure begins with a written (or alternate format) statement which must be filed within (10) working days after the failure to resolve the complaint informally.
- A description of the alleged events and action(s) of all parties involved.
- The date of the alleged occurrence.
- Solutions which were proposed and why they were unacceptable.
- The complaint needs to be addressed to:
LCCC DSS; ADA Coordinator
1400 E. College Drive
Cheyenne, WY 82007
- If the complaint involves the ADA Coordinator, the formal grievance shall be sent to the dean that directly supervises the ADA Coordinator.
- The relief or remedy sought by the complainant.
In reviewing the grievance, the ADA Coordinator shall request written (or alternate format) statements from the respondent or anyone else directly involved. These individuals have five (5) working days after the date the request is received from the administrator to submit any statements they wish to be considered. The ADA Coordinator has the right to request additional information as needed. A decision of the findings will be sent to the grievant in an accessible format and respondent within ten (10) working days of the receipt of submitted and requested information (including face-to-face interviews if necessary).
- The ADA Coordinator will maintain files and records of the grievance.
- If the grievant or respondent are not satisfied with the decision of the ADA Coordinator an appeal may be submitted to the Vice President of Instruction within (10) working days following receipt of the initial decision.
- The written (or alternate format) appeal should contain the following information:
- The original statement of the complaint.
- The decision of the administrator.
- A written (or alternate format) statement explaining why the grievant or respondent is dissatisfied with the decision made by the ADA Coordinator.
- iv. Any statements from other parties, which may have been obtained by the original administrator, will be forwarded to the Vice President of Instruction.
- The Vice President of Instruction shall respond with a written (or accessible format) decision to the grievant and respondent within (10) working days of the receipt of submitted and requested information (including face-to-face interviews if necessary).
- The decision of the Vice President of Instruction is final as pertained to this grievance process.