Disability Services Grievance Policy
Introduction
Bellarmine University does not discriminate on the basis
of disability in its programs or activities, or with regard to
employment. In the event that the University determines discrimination
has occurred, it will take steps to prevent its recurrence and will
correct its effects on the student and others, if appropriate. The
Grievance Procedure is not a legal proceeding but an internal process
to enable the University to discover and remedy the effects of any
alleged discrimination. Students who believe they have experienced
disability discrimination may utilize these disability discrimination
grievance procedures.
Preliminary Steps
To initiate or pursue a grievance based on discrimination
related to the Americans with Disabilities Act (ADA), the following
steps must be observed within 90 days of the time in which the alleged
discrimination occurred.
- Students should attempt to resolve disputes informally
with either the party alleged to have committed the violation, and/or
with the head of the department or unit in which the alleged violation
occurred. There is no requirement that a student alleging disability
discrimination utilize these informal procedures before filing a formal
complaint. However, experience has shown that the majority of
complaints can be effectively resolved through the informal process.
Students are encouraged to resolve disputes via these informal
procedures when possible. The Disability Services Coordinator and the
Dean of Students are available to provide advisory and mediation
services to students.
Formal Resolution Procedures
- Students alleging disability
discrimination must contact the Disability Services Coordinator (or the
Dean of Students if the Disability Services Coordinator is directly
involved) within 90 days after the act of alleged discrimination to
initiate their grievance.
- Within 10 days after contacting and
meeting with one of the designated officials above, the student must
formally initiate his/her grievance with a complaint submitted in
writing. The complaint must include the following: the specific act(s)
or circumstance(s) alleged to constitute the discriminatory action that
is the basis of the complaint, including the time and place of the
alleged discrimination, the student's basis for believing that it was
motivated by disability discrimination, and the remedy requested.
- Within 10 business days after the
student has submitted a written grievance, a University official
designated by the Director of Human Resources will initiate an
adequate, reliable, and impartial investigation of the complaint.
During the course of the investigation, the student will be given the
opportunity to present witnesses and other evidence.
- The University investigator will
complete the investigation within 30 days after submission of the
written complaint. The decision will include findings of fact, and if
discrimination is found:
- A determination of action to be taken to
resolve the effects of the discrimination and;
- Appropriate action to
be taken with regard to the discriminating individual. The student and
all other parties will be advised of the outcome of the grievance to
the fullest extent allowed by state and federal law.
- The decision may be appealed within 10
business days of it issuance. The appeal must be made in writing to
the Director of Human Resources or his/her designee, and must include
the basis for the appeal.
- The Director of Human Resources or
his/her designee will issue a decision within 20 days after receiving
the appeal. The appeal decision is final. The student and all other
parties will be advised of the outcome of the appeal to the fullest
extent allowed by state and federal law.
- No time frame in this procedure may be
extended except with the expressed and written permission of the
student and under no circumstances will any specific timeframe be
extended more than 20 days.
- It is prohibited for any University
employee, official, or student to retaliate against or hinder the
testimony of any individual because s/he has filed a complaint under
this procedure or who has otherwise assisted in the investigation of a
grievance. Such retaliation may result in a variety of sanctions,
including termination or dismissal.