Grievance Policy

I. Purpose

This is Emory & Henry College’s grievance procedure mandated under the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). The ADA and Section 504 prohibit the college from excluding people from participation in its educational programs or activities based on their disability, from denying them the benefits of such programs or activities, and from discriminating against such individuals. The ADA and Section 504 also require a process for grievance relating to disability-based discrimination.

II. Scope

This procedure applies to Emory & Henry College, including the School of Heath Sciences.

Any student who believes that they have been discriminated against on the basis of disability or have been denied access or accommodation required by law may make a complaint under this procedure. Further, faculty and staff who believe that approved accommodations are unreasonable and/ or inappropriate may make a complaint under this procedure.

This is not the procedure for initially requesting accommodation from the college. Students who have documented disabilities and would like to request accommodation should refer to the Procedure for Requesting Accommodation and/ or contact the Office of Disability Support Services.

This is also not the procedure for grievances against other students or student organizations. Please refer to the Student Code of Conduct and/ or the Dean of Students’ Office for more information regarding grievances against other students or student organizations.

III. Student Procedure for Filing A Complaint

Students who believe that they have been discriminated against on the basis of disability or have been denied access or accommodation may follow the steps outlined below. Students are encouraged to make a complaint as soon as possible following the alleged discrimination or denial of access. Complaint procedures must be initiated within 60 days of the decision to be reviewed, unless the student can show good cause for the delay.

Until a resolution to the complaint has been reached, the decisions made by the Office of Disability Support Services should remain in place.

Prior to filing a formal complaint, students are encouraged, but not required, to speak to the Director of Disability Support Services regarding the concern. Often, complaints can be resolved at this level without the need for a formal complaint.

Step 1: Informal Review by the Director of the Powell Resource Center

Students who wish to begin complaint procedures should begin by requesting a meeting with the Director of the Powell Resource Center. During this meeting, the Director of the PRC will discuss the complaint with the student. If the Director of the PRC believes the complaint can be resolved informally, they will try to do so, working with all involved parties. If the Director of the PRC believes the complaint should be resolved formally, they will provide the student with the Student Complaint Form (found in the student handbook) to issue a formal complaint.

Step 2: Formal Review

The student should complete the Student Complaint Form (found in the student handbook). This form should be submitted to the Director of Human Resources. Following receipt of the official complaint form, the formal complaint will be reviewed and acknowledged within 15 business days of receipt. The complaint will be investigated, evaluated, and addressed within 30 business days of the date of acknowledgement. The investigation/ evaluation process is conducted by the Provost or his/ her designee and includes interviews with the complainant, those involved in the complaint, and any other associated parties. Signed statements can be requested and consultation with other campus administrators may be utilized. Upon completion of the review, the student will be notified regarding actions taken to resolve the complaint.

IV. Faculty Procedure for Filing a Complaint

Faculty or staff who believe that approved accommodations are unreasonable and/ or inappropriate may follow the steps outlined below. Complaint procedures must be initiated within 60 days of the decision to be reviewed, unless the faculty member can show good cause for the delay.

Until a resolution to the complaint has been reached, the decisions made by the Office of Disability Support Services should remain in place.

Step 1: Informal Review by the Director of Disability Support Services

Faculty who wish to begin complaint procedures should begin by requesting a meeting with the Director of Disability Support Services regarding their concerns. During this meeting, the Director of DSS will discuss the concerns. If the faculty member and the Director of Disability Support Services believe that the complaint can be resolved informally, they will attempt to do so by working with all involved parties. If the complaint is not able to be resolved informally or if the faculty member is not satisfied with the informal resolution, the faculty member may proceed to step 2.

Step 2: Formal Review by the Director of the Powell Resource Center and/ or Provost

The faculty member may submit the complaint in writing to the Director of the Powell Resource Center and the Provost. The complaint should clearly define the problem, describe the outcome of step 1, and state the specific relief requested. The Director of the PRC and Provost will then consider the facts, conduct an investigation, and make a decision. The decision will be communicated to all involved parties within a reasonable time after the complaint is received.