File a Grievance, Complaint, or Appeal

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File a Grievance, Complaint, or Appeal

1. The University encourages the informal resolution of concerns and will assist any individual with that process. The University is committed to the prompt investigation and resolution of concerns pertaining to the civil rights of individuals attending the University, employed by the University or participating in University functions, of which it is aware regardless of the filing of an actual complaint. If an individual is dissatisfied with that resolution attempt or wishes to forego an informal resolution, an individual may follow the more formal process below.

2. If a student’s request for an accommodation is denied or the accommodation proposed is 1) not deemed reasonable by the student or 2) is not an appropriate modification or accommodation, s/he may file an appeal with the ADA Compliance Coordinator.

3. If the student experiences issues involving accommodations or discrimination, s/he may file a grievance or complaint with the ADA Compliance Coordinator.

4. A grievance, complaint, or appeal must be filed in writing, contain the name and address of the person filing it, and describe the alleged violations of the regulations with specific factual information. The ADA Compliance Coordinator will provide assistance to any person whose disability interferes with filing a grievance in writing, and accommodations may be made so individuals may file a complaint by other means, if necessary.

5. A grievance, complaint, or appeal must be filed within 30 calendar days of the alleged violation.

6. The ADA Compliance Coordinator or his/her designee will conduct an investigation, as appropriate, following the filing of a grievance, complaint or appeal. These rules include informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint. The ADA Compliance Coordinator will consider any additional information or statements supplied by the student, as well as additional information from treating specialists.

7. The ADA Compliance Coordinator will issue a written determination as to the validity of the complaint and a description of the appeal decision or resolution, if any, and forward a copy to the complainant no later than 20 calendar days after the complaint is received. If the 20 calendar day time limit cannot be met, the ADA Compliance Coordinator will inform the student of an alternative time limit not to exceed an additional 60 calendar days.

8. The ADA Compliance Coordinator will maintain the confidential files and records of Kings Park University relating to any grievances, complaints, or appeals filed.

9. The complainant may request reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration must be made within 10 calendar days to the ADA Compliance Coordinator who will forward it to the ADA Compliance Committee, who will involve other University officials and personnel as deemed necessary. The ADA Compliance Committee will render a final decision within 20 calendar days of receipt of the complainant’s request for reconsideration.

These rules will be adhered to in order to protect the substantive rights of interested persons, meet the appropriate due process standards, and ensure that Kings Park University complies with the ADA and Section 504 and their implementing regulations. Any of the above time frames for the University may be extended if the University determines there are extenuating circumstances. Examples of extenuating circumstances include University and/or nationally recognized holidays and vacations, witness unavailability, and circumstances outside the control of the University. Under such circumstances, the ADA Compliance Coordinator will notify the complainant in writing as to the delay and a projected date for resolution.

If it is felt that a grievance is not being met with due process or timely attention, or for complaints about violations of Title II of the ADA, unrelated to a request for an accommodation, or Title III by public accommodations and commercial facilities (private businesses and nonprofit service providers), or for any other discrimination complaint, students should file complaints with the Department of Justice:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section-NYAV
Washington, D.C. 20530

For information and technical assistance about the Americans with Disabilities Act (ADA), contact the ADA Information Line:
800-514-0301 (voice) 800-514-0383 (TTY)

Publications by Mail ADA regulations, technical assistance materials, and publications are available in standard print as well as in large print, audiotape, Braille, or computer disk for people with disabilities. Call the ADA Information Line (see above) 24-hours a day to order through the automated system.

ADA Home Page
The ADA statute, ADA title II and III regulations, technical assistance materials, enforcement information, and general ADA information is available over the World Wide Web, at www.ada.gov.