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µÚÒ»³Ô¹ÏÍø College is committed to ensuring that no otherwise qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in college programs, activities, or services due to his/her/their disability. µÚÒ»³Ô¹ÏÍø College is fully committed to complying with all requirements of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Section 504) and to providing equal opportunities for students and visitors with disabilities. This procedure applies to all students and outside parties. Faculty and staff are subject to a separate set of procedures with respect to disability accommodations and complaints and should see the Executive Director for Human Resources for questions regarding the procedures applicable to them.

The purpose of the ADA/Section 504 Student & Visitor Grievance Procedure is to address allegations of failure to provide equal access for persons with disabilities through reasonable and appropriate accommodations, modifications, auxiliary aids, and/or inaccessibility of a college program, activity, or service.

To provide academic accommodations or modifications for students, documentation must be provided by a qualified diagnostician. This documentation must be on the diagnostician’s letterhead or on an approved disability verification form, and include the diagnosis, how the diagnostician determined the diagnosis, how the disability impacts the student, and recommendations for accommodations. While recommendations of the diagnostician will be considered, they are not guaranteed – Accessibility Services may conclude that an accommodation is not appropriate based on the requirements of a course/program (i.e., if it would create a fundamental alteration to the course). This documentation must be provided whether the condition is permanent or temporary (i.e., broken leg, etc.). Documentation relating to all students registered for accommodations will be securely stored on a shared network/database within the Accessibility Services Office. Documentation will remain with the Accessibility Services Office for up to seven years after the last contact by the student with the office. All documentation will remain confidential.

Any µÚÒ»³Ô¹ÏÍø College student or visitor with a disability who believes that he/she/they have been denied access to educational opportunities or reasonable accommodations required by law may make a complaint under the Grievance Procedures set forth below. Specifically, these individuals may make a complaint about:

• a requested service or accommodation, including appeals of Accessibility Services Office determinations regarding accommodations
• inaccessibility of a college program or activity o any other act prohibited by the ADA or Section 504

These Grievance Procedures, however, are not intended to and shall not supersede other µÚÒ»³Ô¹ÏÍø College policies and procedures, which may exist for addressing issues of concern unrelated to disabilities for which separate µÚÒ»³Ô¹ÏÍø College policies and procedures exist, including, for example, grade appeals unrelated to alleged disability discrimination. Students are encouraged to consult with the Assistant Director of Accessibility Services regarding the most appropriate µÚÒ»³Ô¹ÏÍø College policy or procedure to address a particular disability related concern.

Using these Grievance Procedures is not a prerequisite to the pursuit of other remedies (such as filing a Section 504 or ADA complaint with the responsible federal department or agency), but students are encouraged to utilize these Grievance Procedures prior to lodging complaints with agencies outside of µÚÒ»³Ô¹ÏÍø College. Retaliation against any individual for exercising rights under the ADA or Section 504, including use of this grievance procedure, or against any person who assists a complainant in his/her/their pursuit of a complaint under this grievance procedure is prohibited.

Grievance Procedures

The ADA/Section 504 Grievance Procedures are as follows.

Note: An Informal Grievance is not a precondition to a formal complaint; you may always file a formal complaint.

Informal Grievance Process

Individuals with questions or a grievance about a decision made by µÚÒ»³Ô¹ÏÍø College related to reasonable accommodations, should first communicate with the Accessibility Services Office. The College and individual may agree to resolve any grievance informally at any time during any formal or informal process.

Formal Grievance Process

• All disability complaints shall be submitted to the µÚÒ»³Ô¹ÏÍø College Accessibility Services Office (Building A Room A104, accessibilityservices@nullcecil.edu) or, in the event the complaint alleges a violation by the Assistant Director of Accessibility Services, to the Director of Advising and Dual Enrollment (Building A, Room A114, advising@nullcecil.edu).
• All complaints must be filed in writing, contain the name and address of the complainant, and describe the alleged violation. An individual with a disability who requires an alternative means for filing a written complaint should contact the µÚÒ»³Ô¹ÏÍø College Accessibility Services Office for assistance (Building A Room A104, accessibilityservices@nullcecil.edu).
• The complaint must be filed within ninety calendar days after the complainant becomes aware of the alleged violation.
• µÚÒ»³Ô¹ÏÍø College will conduct a formal investigation, affording all parties with notice and an opportunity to be heard and to submit relevant information.
• The Assistant Director of Accessibility Services, or designee, will issue a written decision on the complaint and the proposed resolution, if any, no later than fifteen (15) working days after the conclusion of the investigation.
• If the complainant wishes to appeal the decision or the proposed resolution of the Assistant Director of Accessibility Services, or designee, the complainant may appeal within fifteen (15) working days of its receipt. The appeal must be in writing, describe the basis for the appeal, and be submitted to the Director of Advising and Dual Enrollment (Building A, Room A114, advising@nullcecil.edu). The Director of Advising and Dual Enrollment, or designee, will issue a written decision on the appeal within fifteen (15) working days of the receipt of the appeal.
• If the decision of the Director of Advising and Dual Enrollment, or designee, is not satisfactory to the complainant, the complainant has five (5) working days, following the receipt of the decision, to file a second level appeal with the Vice President of Student Affairs (kjoyce@nullcecil.edu). All prior written decisions related to the second level appeal must be enclosed with this second level appeal. The Vice President of Student Affairs, or designee, will issue a decision on the second level appeal within fifteen (15) working days after the conclusion of their review. The decision of the Vice President is final and may not be appealed under this or any other µÚÒ»³Ô¹ÏÍø College policies or procedures.
• The Accessibility Services Office will be subject to µÚÒ»³Ô¹ÏÍø College procedures and any applicable laws or regulations and will maintain the files and records relating to the complaint.

Outside Agency Complaint Options

At any point, an individual may contact the U.S. Department of Education’s Office of Civil Rights to discuss the filing of an external complaint:

Philadelphia Office
Office of Civil Rights U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515 Philadelphia, PA 19107-3323 Phone: (215) 656-8541
Fax: (215) 656-8605
TDD: (800) 877-8339
Email: OCR.Philadelpia@nulled.gov