Disability Services Grievance Procedure
Loyola University New Orleans (LOYNO) is committed to a policy of ensuring that no otherwise qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in university programs or activities due to his or her disability. The university is fully committed to complying with all requirements of the 1990 Americans with Disabilities Act as amended by the 2009 Americans with Disabilities Amendments Act (ADAAA) and the Rehabilitation Act of 1973 (section 504) as amended and to providing equal educational opportunities to otherwise qualified students with disabilities.
Any university student who believes that he or she has been subjected to discrimination on the basis of disability, or has been denied access or accommodations required by law shall have the right to invoke the Grievance Procedure. This Grievance Procedure is designed to address disagreements or denials regarding requested services, accommodations, or modifications to university academic practices or requirements. Retaliation of any kind against a complainant is strictly prohibited.
The Grievance Procedure is not intended and shall not supersede other university policies and procedures, which may exist for addressing alleged violations of ADAAA and/or Section 504, and other issues of concern for which separate university policies and procedures exist, including for example, grade appeals. Students are encouraged to consult with the Director of Disability Services or his or her respective designees regarding the most appropriate university policy or procedure to address a particular concern.
Preliminary Procedures for Addressing Concerns About Accommodations
Students with disabilities are responsible for contacting the Director of Disability Services or a Special Needs Counselor if reasonable accommodations are not implemented in an effective and timely manner. Disability Services is located in Marquette Hall 112. The Director of Disability Services and a Special Needs Counselor can be reached at 504-865-2990. The Director of Disability Services can also be reach by email at firstname.lastname@example.org.
Students with disabilities should first consult with the Director of Disability Services/ADA Coordinator when accommodation-related concerns arise. The Director of Disability Services will attempt conflict resolution at the lowest level possible and move forward when necessary to the next appropriate level. If the dispute cannot be resolved by this process, the student may then lodge a formal written grievance complaint (see below).
Faculty and staff are required to implement accommodations authorized by Disability Services. If faculty members or staff question an accommodation recommended by Disability Services and wish to appeal the decision, they must continue to afford the accommodation to the student while their appeal is considered. The faculty or staff should discuss their concerns with the Director of Disability Services and submit a formal written appeal to the Director of Disability Services if the discussions do not result in a resolution of their concern. The relevant documentation and the reasoning for and against the requested accommodation(s) will be reviewed by the Director of Disability Services. If upon this review, Disability Services determines that the accommodation is warranted, the faculty or staff person, department and/or appropriate administrator will be required to accommodate the student. If the faculty or staff have submitted a written appeal, within 10 working days they will be informed of the decision in writing by the Director of Disability Services.
Procedures for Submitting a Formal Written Grievance Complaint
Formal written grievances or complaints regarding accommodation issues should be submitted to the Director of Disability Services. The Director of Disability Services will work with university personnel and the student(s) in a timely manner to resolve disagreements regarding recommended accommodations or related issues.
The following procedures will be used to review all formal written complaints or grievances alleging violations of the ADAAA or Section 504:
- All complaints alleging violation of the ADAAA or Section 504 must be made in writing to the Director of Disability Services. Disability Services is located in Marquette Hall 112. The Director of Disability Services can be reached at 504-865-2990 or by email at email@example.com. The written complaint should specify the nature of the act claimed to be in violation and the period of time and circumstance in which the complaint occurred. This may be supplemented by supporting documents and/or affidavits from persons having first-hand knowledge of the facts. The student complaint should be filed within a reasonable time. The written complaint should be filed within 60 days of the end of the semester in which the alleged violation occurred. If the written complaint is not filed within the 60 day period, the written complaint should include a clear explanation of why the complaint was not filed within the prescribed period.
- Disability Services will investigate all pertinent facts and circumstances in support of the alleged violation.
- Disability Services may attempt resolution of a complaint through mutual agreement of the affected parties at any point during the course of the investigation.
- Should such resolution be achieved, the investigation shall be ended. The terms and conditions of the resolution agreement shall be issued to the complainant and to the appropriate faculty member, administrator or department charged with implementing the prescribed action. A copy of the agreement will be filed in the complainant's file in the office of the Director of Disability Services.
- Where resolution through mutual agreement is not achieved, written findings from the investigation regarding probable cause, along with a recommendation for resolving the complaint, shall be forwarded simultaneously to the complainant and to the responsible administrator of the charged department by the Director of Disability Services.
- Upon completion of the investigation, the appropriate faculty member, administrator of the relevant college or department shall take final action on the recommendation upon receipt of the recommendation. Consultation will be provided by the Director of Disability Services who also functions as the University ADA Coordinator.
- Either party may appeal the findings of Disability Services to the University Provost by filing a request for a review of a complaint alleging discrimination on the basis of disability or failure to provide reasonable accommodation within 10 calendar days of receipt of the finding.
- Upon final resolution of a complaint, copies of records will be forwarded to and maintained by the Director of Disability Services. All records relating to complaints of failure to provide reasonable accommodations are evaluative in nature and all medical information contained in complaint records shall be deemed confidential.
- A complainant with a disability who believes that his or her grievance has not been handled appropriately should bring this to the attention of the Director of Disability Services.
Section 504 of the 1973 Rehabilitation Act and the 1990 Americans with Disabilities Act (ADA) as amended by the 2008 ADA Amendments Act (ADAAA) in effect as of January 2009).
The office of Disability Services at Loyola University New Orleans is the recognized authority on all aspects related to academic accommodations for students with disabilities enrolled in Loyola University New Orleans. Even if someone chooses not to employ Disability Services assistance in acquiring accommodations, the faculty can use Disability Services as a resource to verify the legitimacy of the request for accommodation, review and interpret documentation, and explain the student's legal rights to accommodations.
These procedures and policy were originally authorized by Disability Services and approved by the Provost in 1997. Minor revisions to this document do not constitute a change in the basic policy regarding grievance procedures.
Latest revision: January, 2011