I:04:01 ADA Grievance Procedure
Middle Tennessee State University has adopted this internal grievance procedure for use by campus visitors, program participants, or others who are neither employees nor students of the institution. It is designed to provide for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." Employees and students of the institution have access to alternative grievance and/or appeal procedures for complaints alleging such violations.
I. Complaints should be addressed to the ADA 504 Campus Coordinator. A complaint should be filed in writing, contain the name and address of the person filing the complaint, and briefly describe the alleged violation of the regulations. A complaint should be filed as soon as possible, but no later than thirty days after the complainant becomes aware of the alleged violation.
II. The ADA Coordinator will refer the complaint to the institutional office/individual that is most appropriate to handle the complaint, and will so inform the complainant. An investigation, as may be appropriate, shall follow the filing of a complaint, and shall be conducted by the person to whom the complaint was referred (or designee). This procedure contemplates an informal, but adequate investigation to afford interested persons an opportunity to submit evidence relevant to the complaint.
III. A determination as to the validity of the complaint and the resolution, if any, shall be issued by the ADA Coordinator no later than thirty days after its filing. This thirty day time limit may be extended at the ADA Coordinator's discretion upon the request of the institutional office/individual to whom the complaint was referred (or his/her designee) or where otherwise warranted. The ADA Coordinator shall maintain the files and records of Middle Tennessee State University relating to any complaints filed.
IV. A request for reconsideration of the case can be made by the complainant in instances where he or she is dissatisfied with the resolution. Requests should be made to the ADA Coordinator no later than fifteen days after issuance of the initial determination. Decisions regarding requests for reconsideration issued by the ADA Coordinator are final.
V. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
VI. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that Middle Tennessee State University complies with the ADA and implementing regulations.
Revisions: February 4, 1997; January 28, 2008.
Cross-references: Title II of the Americans with Disabilities Act.