Employee and Visitor Grievance Procedure/Resolving Complaints under ADA/Section 504
Resolving Complaints under the Americans with Disabilities Act and the Rehabilitation Act of 1973
Purpose and Scope
Kenyon College prohibits discrimination on the basis of disability. Kenyon College has adopted an internal grievance procedure for prompt and equitable resolution of complaints alleging any action prohibited by federal regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (ADA).
Issues that are grievable include, but are not limited to, a denial of a requested accommodation, the inadequacy of an accommodation, the inaccessibility of a program or activity due to disability, or discrimination or harassment based on disability.
How to File a Grievance
All such complaints/grievances should be submitted to the College’s Title IX/Section 504 Coordinator who is located at The Eaton Center within 30 calendar days of the date upon which the grievant becomes aware of the alleged prohibited action. Complaints received later than 30 calendar days after complainant became aware of the alleged violation will be dismissed as untimely.
The following steps explain the procedure:
(a) A grievance should be filed in writing and shall contain the following information:
(1) Name, address and telephone number of grievant(s);
(2) The nature, date and detailed description of the alleged violation(s);
(3) The name(s) of the person or persons responsible for the alleged violation(s);
(4) The specific requested relief for corrective action; and
(5) Any background information the grievant believes to be relevant.
(b) An informal investigation, as may be appropriate, will follow the filing of a grievance. The investigation shall be conducted by the College’s Title IX/Section 504 Coordinator (or designee). This procedure contemplates a prompt and thorough investigation which affords the grievant, the subject of the grievance, other interested persons, and their representatives, if any, an opportunity to present information, submit witness names, and/or submit other evidence and information relevant to the grievance. If the Title IX/Section 504 Coordinator is central to the complaint, the informal investigation will be conducted by The Director of Human Resources (or designee).
(c) A written determination on the grievance and a description of the resolution, if any, shall be issued by the College’s Title IX/Section 504 Coordinator (or designee) or, if appropriate, The Director of Human Resources (or designee). The written determination shall be forwarded to the grievant no later than 30 calendar days after the submission of the grievance.
(d) The College’s Title IX/Section 504 Coordinator (or designee), or, if appropriate, The Director of Human Resources (or designee) shall maintain the files and records of the College relating to grievances filed.
(e) The grievant may request reconsideration of the resolution if they are dissatisfied with the resolution. Requests for reconsideration from a faculty member should be made within fourteen calendar days to the Provost. Requests for reconsideration by staff and visitors should be made within fourteen calendar days to the Director of Human Resources. The Provost or the Director of Human Resources then has thirty calendar days to respond to the request for reconsideration. The decision of the Provost or the Director of Human Resources shall be considered final. If the Provost or the Director of Human Resources is central to the complaint, requests for reconsideration should be made within fourteen calendar days to the Dean of Student Development (or designee) who will follow the process described above.
(f) The right of a person to a prompt and equitable resolution of the grievance filed under the procedure shall not be impaired by the person’s pursuit of other remedies, such as the filing of a Section 504/ADA complaint with the Office for Civil Rights.
(g) Retaliation against any person under this grievance procedure or against any person who assists a grievant in his/her pursuit of a grievance under this grievance procedure is prohibited.
(h) In the event that an act of discrimination, harassment, and/or retaliation under the ADA or the Rehabilitation Act of 1973 is found to have occurred, the College shall take steps to stop the discrimination, harassment, and/or retaliation, prevent its recurrence, and remedy its effects on the grievant or others.