Americans with Disabilities Act (ADA)/Section 504 of the Rehabilitation Act: Grievance Procedure
The University of Delaware (University) is committed to the principle that no otherwise qualified individual with a disability shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in University programs, activities or services due to his/her/their disability. The University is fully committed to the 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 otherwise qualified students, employees, and visitors with disabilities.
The purpose of the ADA/Section 504 Grievance Procedure is to address allegations of failure to provide equal access for persons with disabilities in the form of appropriate accommodations, modifications, auxiliary aids, or effective communication, and/or the inaccessibility of a University program, activity or service.
The ADA/Section 504 Grievance Procedure is as follows:
- All complaints shall be submitted to the University Disability Support Services (DSS) Director/ADA Compliance Coordinator or, in the event that the complaint alleges a violation by the DSS Director/ADA Compliance Coordinator, to the Vice Provost for Diversity (in that event, all references here to the DSS Director/ADA Compliance Coordinator shall mean the Vice Provost for Diversity).
- All complaints must be filed in writing, and contain the complainant’s name, address, email address and phone number. It shall also describe the nature of the complaint, the alleged violation(s), and the desired resolution. Any relevant documents should be submitted with the complaint.
- The complaint must be filed within 90 calendar days after the complainant becomes aware of the alleged violation.
- The DSS Director/ADA Compliance Coordinator will conduct a prompt but thorough informal investigation, affording all interested persons and their representatives with notice and an opportunity to be heard and to submit relevant information.
- A written determination as to the validity of the complaint and a description of the proposed resolution, if any, will be issued by the DSS Director/ADA Compliance Coordinator no later than 15 business days after the complaint’s submission.
- The DSS Director/ADA Compliance Coordinator will, subject to University procedures and any applicable laws or regulations, maintain the files and records relating to the complaint.
- If the individual wishes to appeal the DSS Director/ADA Compliance Coordinator’s written determination or proposed resolution, he/she/they must do so within 15 business days of its receipt. The appeal request must be in writing, describe the basis for his or her appeal, and be submitted to either the Dean of Students (in a matter pertaining to students) or to the Vice Provost for Diversity for all other individuals.
- A written decision on the appeal, and a description of the proposed resolution, if any, will be issued by either the Dean of Students or the Vice Provost for Diversity no later than 15 business days after its submission. The determination of the Dean of Students or the Vice Provost for Diversity shall be final and binding.
An individual may pursue other remedies, such as the filing of an ADA/Section 504 complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. Retaliation against any complainant under this grievance procedure or against any person who assists a complainant in his/her pursuit of a complaint under this grievance procedure is prohibited.