Complaints, Disputes, and Grievances
Please know that the accommodations process requires collaboration between you (the student), faculty, other campus officials (if applicable), and the Office of Disability Resources. This section provides guidance on resolving conflict, complaints, or grievances regarding the accommodation process or accommodation issues.
Accommodation Determination Disputes
After meeting with your Disability Specialist, a review of your accommodation request and your supporting documentation will be reviewed for a final accommodation determination. In the event that your request for an accommodation is denied and you disagree with the determination, you may seek an appeal of that determination decision. To request an appeal, please utilize the following process:
- Submit a written appeal to the Director of Disability Resources. In this written appeal include the following items:
- That you are seeking a formal review of the request.
- The specific accommodation you are requesting
- Any disability related functional limitations that would be remedied or alleviated through the requested accommodation
- Any additional information you feel is important and should be considered in making the determination.
- The Director will meet with the assigned Disability Specialist to review the determination process, submitted documentation, history of prior accommodations (if a history exists), and other documents pertinent to the review.
- The Director will determine if the appeal is consistent with the prior determination decision. As determined appropriate, the Director will review and give consideration to all collected material and documentation. The Director may elect to consult with another Disability Specialist or other expert who has knowledge, training, or experience in the relevant areas being considered. Specific consideration will be given to exploring if the requested accommodation can be offered to you, and if other/alternative accommodations are more appropriate or available for you.
- At the conclusion of the review, you will be notified in writing of the Director’s decision. If the accommodation is approved, the Director and student will work with a Disability Specialist to continue the accommodation process. If the accommodation is denied, the reasons for a denial will be stated in the letter. Any alternative accommodations available will be offered at that time. Additional appeals may be filed with the Vice Provost for Student Success using this same process.
Accommodation Issues
After you have been approved to receive accommodations and you have developed your Individualized Post-secondary Plan (IPP) with your Disability Specialist, you are expected to notify your instructors of accommodations you wish to use in their courses and any pertinent staff appropriate for the related accommodation. If you believe that an instructor or staff member (e.g., housing staff, activity or organization hosts, or general access to education, events, and activities) has not provided an approved accommodation, you may report the concern using the following process:
- Ensure that you have had a specific discussion with the instructor or staff member regarding the requested accommodation you have been approved to receive.
- If the discussion has not resolved the issue, contact your assigned Disability Specialist. Your Specialist will attempt to resolve the issue by working with the identified instructor or staff member. Your specialist may consult with other Specialists, or the Director as needed to seek a resolution.
- If no resolution is found or you are dissatisfied with the resolution, you should submit a written complaint to the Director of Disability Resources within a reasonable time frame following the triggering event. In your complaint, include at minimum: the requested accommodation, details about how the accommodation was not provided, and any other pertinent information you would like to share about the issue. The Director will contact appropriate faculty and staff members in order to attempt to resolve the issue.
- If the above does not resolve the complaint, the Director will forward the complaint to the Vice Provost of Student Success and a final decision will be rendered and communicated to all parties. Further appeals may be available to the student in accordance with applicable university policy.
Academic Issues
If you disagree with a grade you have received (on an assignment or as a final grade), or the application of a course or departmental policy, and such is not related to disability-related accommodations requested, you should follow the academic grievance procedures as outlined through your academic program. If it is in relation to your requested accommodation, please utilize the process outlined through the “Accommodation Issues” section above.
Office of Disability Resources Complaints
The Office of Disability Resources is part of the Student Success Center, a component of the Division of Academic Affairs. Any complaints related to services or experiences with this office should be reported to the Director of Disability Resources. The Director is Sean Creech and can be reached by email at sccreech@jsu.edu or phone at 256-782-5264. Mr. Creech’s office is located on the 2nd Floor of the Houston Cole Library in room 211. If the complaint is not resolved by the Director, you may file a complaint with the Vice Provost for Student Success. Dr. Tim King can be reached at tbking@jsu.edu or by phone at 256-782-5020. Dr. King’s office is located on the 1st Floor of the Houston Cole Library.
ADA and Section 504 Complaints
Jacksonville State University- Grievance Procedure under the Americans with Disabilities Act
Purpose
Jacksonville State University has adopted an internal grievance procedure providing for a prompt and equitable resolution of complaints alleging discrimination on the basis of disability prohibited by the American with Disabilities Act of 1990 (hereafter “ADA) and Section 504 of the Rehabilitation Act of 1973. The ADA and Rehabilitation Act prohibit the exclusion of otherwise qualified individuals from participating in educational activities and programs or the benefits of such programs or activities on the basis of a disability or the individual being subjected to discrimination.
Students at Jacksonville State University who believe they have been discriminated against on the basis of disability may file a grievance against the university, its employees, or its agents under this procedure.
In general, this procedure is designed to address the following types of concerns:
- Harassment or discrimination on the basis of one’s disability
- Requested services or accommodations
- Inaccessibility of programs or activities
- Any other alleged violation of the ADA or the Rehabilitation Act
Informal Resolution: Students are encouraged to pursue informal resolution before filing a formal grievance. JSU’s ADA coordinator is available to discuss student concerns regarding accommodations and services for students with disabilities. There is no requirement that students attempt informal resolution before filing a formal grievance; however, many grievances can be effectively resolved through the informal process.
Procedure for filing a Grievance:
- Filing the Grievance: A Grievance should be filed in writing and contain information about the alleged discrimination. This includes the name, address, and contact information of the person alleging discrimination, the location, action, date, and description of the problem. Alternative means of filing a Grievance are available and include personal interviews or a tape recording of the Grievance will be made available for the person with disabilities upon request.
- Timeliness of Filing: The Grievance should be filed as soon as possible with a preference of within 60 days of the event or problem occurring.
- Where to File: The Grievance should be submitted by the person alleging discrimination/filing the Grievance or their designee to the ADA/504 Coordinator. The Coordinator may appoint a designee to serve in their place at their discretion. The ADA/504 Coordinator is
Elizabeth Morrow, ADA/504 Coordinator
Assistant Director of Emergency Management
120 Salls Hall
emorrow@jsu.edu
256-782-5282 - Investigations: An investigation will be initiated in a timely manner. In order to assist with the investigation, the Complainant should provide the Coordinator with any documentary evidence that may be relevant to the grievance. Within 15 calendar days after the receipt of the Grievance, the Coordinator will meet with the complainant to discuss the Grievance and explore possible resolutions. Within 15 calendar days of the meeting, the Coordinator will respond in writing, and where appropriate, in a format that is accessible to the complainant (e.g., large print, Braille format, or audiotape). The response from the Coordinator will explain the position of Jacksonville State University and offer any options for substantive resolution to the Grievance. Investigations initiated under this grievance policy shall be conducted with confidentiality to the extent possible and in compliance with the Family Educational Rights and Privacy Act (or FERPA). All participants in the process will be advised of their obligation to maintain confidentiality.
- Appeal: If the response by the ADA/504 Coordinator does not satisfactorily resolve the concern or issue, the complainant may appeal the decision within 15 business days after receipt of the response to the Vice Provost of Student Success. Within 15 business days after receipt of the appeal, the Vice Provost of Student Success or their designee may meet with either party to discuss the grievance and possible resolutions, as they deem necessary. Within 15 business days after the meeting, the Vice Provost of Student Success or their designee will respond in writing, and, where appropriate, in a format accessible to the parties, with a final resolution of the grievance.
- Retention: All written Grievances received by the ADA/504 Coordinator and/or their designee, appeals to the Vice Provost of Student Success or their designee, and responses from these two offices will be retained by Jacksonville State University for at least seven (7) years.
- Retaliation: Any retaliation against an individual who, in good faith, complains about or participates in an investigation of an allegation of disability discrimination or harassment is prohibited. Claims of retaliation are handled separately from the reported discrimination grievance. If you feel you were retaliated against for your participation in or providing a Grievance, please report this immediately to the ADA/504 Coordinator or their designee and they will communicate with the appropriate offices on campus (e.g., Human Resources, Office of Diversity and Inclusion, etc.).