Conflict resolution should be attempted at the lowest level
possible. Faculty members and students with disabilities should first consult
with the Director of ODS when accommodation-related concerns arise. If the
dispute cannot be resolved, the Associate Provost would be advised and a meeting
scheduled. Faculty members who question the legitimacy of an accommodation
recommended by ODS should continue to afford the accommodation to the student
while the appeals procedures are implemented. At this meeting, the documentation
would be reviewed and the reasoning for and against the requested accommodations
reviewed. If upon this review, the accommodations are determined to be warranted,
the faculty member would be required to accommodate the student.
Complaints alleging that a qualified individual with a disability has been
excluded from participation in, been denied the benefits of, or otherwise
has been subjected to discrimination in University employment or program activities
may be filed under any of the following grievance procedures as appropriate:
Students – UNO Student Policy Manual or in the UNO
Student Handbook
http://www.uno.edu/~stlf/Policy%20Manual/student_policy_manual_frames.htm
Faculty - Faculty Grievance Procedures as
outlined in the Faculty Handbook
http://www.uno.edu/%7Eacaf/table2.htm
The following procedures will be used to review all complaints
or grievances alleging violations of the ADA or Section 504 (taken with permission
directly from Florida State University's Grievance/Complaint Procedures For
Persons with Disabilities http://www.fsu.edu/Books/StudentHandbook/2003codes/disabilities.html):
• All complaints alleging violation of the ADA or Section 504 must be
made in writing to the appropriate investigating department within sixty (60)
calendar days of the alleged violation or claim of failure to provide reasonable
accommodation. The written complaint should specify the time, place, and nature
of the act claimed to be in violation and may be supplemented by supporting
documents and/or affidavits from persons having firsthand knowledge of the
facts. A student complaint must be filed within thirty (30) school days of
the beginning of the first term in which enrolled, following that in which
the alleged violation occurred.
• The appropriate department will 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 and testimony by involved and/or knowledgeable parties.
• The investigating department 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
for resolving the complaint, shall be forwarded simultaneously to the charging
party, the responsible administrator of the charged department, and the University
Office of Disability Services Director immediately upon completion of the
investigation.
• The responsible administrator shall take final action on the recommendation
within ten (10) working days after receipt of the recommendation. Consultation
will be provided by the University ADA Compliance Officer and Section 504
Compliance Officer as requested.
• Either party may appeal the findings of the investigating department
to the University Chancellor (or the Chancellor's designee) by filing a request
for a review of a complaint alleging discrimination on the basis of disability
or failure to provide reasonable accommodation within ten (10) calendar days
of receipt of the finding.
• Within seven (7) calendar days of receipt of the initial findings,
the University Chancellor may render a final decision on the complaint or
choose to employ the hearing panel to review the appeal. If the hearing panel
is employed, there is a three to five-member hearing panel (already appointed)
to review the case. The hearing panel will conduct a hearing, consider evidence
(and testimony if necessary), in justification of the appeal, and render its
decision within twenty-one (21) days of appointment. The Chancellor may accept,
reject or modify the decision of the review panel.
• Upon final resolution of a complaint, copies of records will be forwarded
to and maintained by the ODS Director. All records relating to complaints
of failure to provide reasonable accommodations are evaluative in nature and
all medical information contained in complaint records shall be deemed confidential.
(If the hearing panel is brought in to review a case, it is at this point
that the documentation can be disclosed to the panel).
• A complainant with a disability who believes that his or her grievance
has not been handled appropriately should bring this to the attention of the
ODS Director.