ADA Grievance Procedures

Student Procedures for ADA/504 Grievance Resolution

Any student with a documented disability who believes that he or she has been discriminated against on the basis of that disability may use this process to file a grievance with the College. The following procedure is designed to help the student and the College reach an understanding of the situation and resolve any differences in as cooperative, respectful, and timely a manner as possible.

1. Informal Attempt to Resolve

• A student who has a disability grievance is encouraged to first attempt to resolve the matter informally by meeting with that decision-making office/entity for reconsideration (see chart below, “Informal Attempt”). The purpose of the meeting is to reach a mutual understanding of the student’s situation and the accommodation issue.
• It is strongly recommended the student keep a written record/log of all attempts to reach a resolution.

2. Formal Attempt to Resolve

• If no resolution is reached after an informal attempt to resolve, or if the student chooses to bypass the informal attempt, the student may file a formal complaint in writing with the unit lead (see chart below, “Formal Attempt”). A formal complaint should be submitted as soon as possible, but certainly within a reasonable amount of time, generally no longer than 60 days, after the problem occurred.
• The written complaint should be as brief and factual as possible, citing the date/time of occurrence and the precise nature of the problem, along with the hoped-for outcomes or relief. A listing of all meetings in which attempts were made to resolve the problem must also be included.
• Within five (5) business days of receipt of the formal complaint, the unit lead (see chart below) will review the written submission and provide the student with an opportunity to present his/her complaint. The unit lead may interview the person(s) against whom the complaint is made, as well as other members of the College community as deemed necessary. Every reasonable effort will be made to preserve confidentiality. Members of the College community asked to provide information are mandated to cooperate with the unit lead. The student who has filed a complaint may be accompanied by an advisor during the process who is a member of the College community. Advisors may not be attorneys, and certain employees may be precluded from serving as advisors. The advisor’s role is limited to providing support and consultation. Within ten (10) business days following the unit lead’s gathering of information, the unit lead issue a written decision to the student. This entire process should be completed generally within 45 days from the receipt of the formal complaint unless additional time is needed for good cause (i.e., essential individuals and/or information are not readily available).

3. Last Formal Attempt to Resolve/ Appeal

• If the student is not satisfied with the unit lead’s decision, the student may, within ten (10) business days, submit a written appeal to the divisional vice president office (see chart below, “Last Formal Attempt”).
• The written request for review must specify the particular substantive and/or procedural basis for the appeal and must be made on grounds other than general dissatisfaction with the proposed disposition. Furthermore, the appeal must be directed only to issues raised in the formal complaint as filed or to procedural errors in the conduct of the grievance procedure itself, and not to new issues. 
• If the grievance involves a decision that is being challenged, the review by the divisional vice president’s office usually will be limited to the following considerations:
  • Were the proper facts and criteria brought to bear on the decision?
  • Were improper or extraneous facts or criteria brought to bear that substantially affected the decision to the detriment of the grievant?
  • Were there any procedural irregularities that substantially affected the outcome of the matter to the detriment of the grievant?
  • Given the proper facts, criteria, and procedures, was the decision a  reasonable one?
• Within thirty (30) business days, the divisional vice president office will issue a decision to the student and provide a copy to the unit lead. The decision of the divisional vice president office is final.
• The above procedural steps do not limit the student or any of the College community members directly involved with the problem from attempting to informally resolve the matter at any time during the formal complaint process. The time frames detailed above may be adjusted for good cause (i.e., essential individuals and/or information are not readily available).

Related Policy & Resources

See Providence College’s Nondiscrimination Policy - https://general-counsel.providence.edu/wp-content/uploads/sites/2/2022/03/notice-of-non-discrimination-policy-manual-updated-march-15-2022.pdf  

U.S. Department of Education, Office for Civil Rights- Use of this grievance procedure does not limit an individual’s pursuit of other remedies, including the right to pursue a complaint with the U.S. Department of Education, Office for Civil Rights by visiting their webpage or calling 800.421.3481

Revised January 2023