ADA/504 Grievance Policy

ADA/SECTION 504 GRIEVANCE PROCESS

 

Wellesley College is committed to providing students and employees with disabilities equal access to the College’s programs, services, and activities. Some of the applicable laws regarding the rights of individuals with disabilities include the Americans with Disabilities Act (ADA), as amended (ADAAA), and Section 503 and 504 of the Rehabilitation Act. Wellesley College’s ADA/Section 504 Coordinator is available to address concerns regarding the College’s policies and compliance with the applicable laws, statutes, and regulations regarding disabilities. The ADA / Section 504 Coordinator may be reached at titleix@wellesley.edu or 781-283-2451. Inquiries about these laws and about compliance may also be directed to the Office for Civil Rights, US Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02109, 617-289-0111.

 

Accommodation Requests

 

All applications for disability accommodations by students and employees should be submitted to the Office of Accessibility and Disability Resources (accessibility@wellesley.edu; 781-283-1300) for review. The decision to grant or deny a requested accommodation is made by the Office of Accessibility and Disability Resources by engaging in the interactive process with the individual. This grievance process provides the procedures by which an individual can appeal the denial of a requested disability accommodation or bring a complaint regarding how an approved disability accommodation has (or has not) been implemented. For concerns about discrimination based on disability, please see the College’s Policy Against Sexual Harassment and Other Unlawful Discrimination, Harassment, and Retaliation which can be found on the College’s website www.wellesley.edu/titleix.

 

If an individual has a concern about a disability accommodation that was denied or only partially granted by the Office of Accessibility and Disability Resources, that individual should first discuss their concerns with the Director of Accessibility and Disability Resources, Dr. Bridget Arrow Baker (ba105@wellesley.edu; 781-283-2434). If an individual has a concern about how a disability accommodation (approved by the Office of Accessibility and Disability Resources) is being implemented in their work or classroom environment, that individual should first discuss their concerns with the staff or faculty member responsible for putting the disability accommodation into place. The individual may also reach out to the Director of Accessibility and Disability Resources (ba105@wellesley.edu; 781-283-2434) for assistance in having the approved disability accommodation put into effect. If these conversations do not resolve the matter, the individual may then contact the ADA/Section 504 Coordinator, (titleix@wellesley.edu; 781-283- 2451), to discuss these concerns. The individual may then request that a grievance be initiated regarding these concerns.

 

Grievance Process

When a grievance is initiated, the individual who brought the concern forward will become the complainant in that process. The ADA/Section 504 Coordinator, or their designee, will then begin an investigation. The investigation may include (but is not limited to) a review of the information submitted by the complainant to the Office of Accessibility and Disability Resources, interviews with any relevant witnesses, a review of any accommodation(s) offered, a chronology of events, information regarding any undue burden or hardship on the operations of the College’s programs or activities and information regarding the fundamental nature of the program or the essential functions of the 1

 

position in which the accommodations are sought. The complainant has the right to identify any witnesses and/or information which they believe may be relevant to the resolution of this grievance. The ADA/Section 504 Coordinator will determine the scope of the investigation. The goal will be to complete any grievance process within 30 business days from the receipt of the grievance. Depending on the complexity of the investigation, more or less time may be required to complete the process.

 

Based on the results of this investigation, the ADA/Section 504 Coordinator will determine whether the requested or approved disability accommodation(s): (1) is reasonable; (2) poses an undue hardship or burden for the College; (3) alters the fundamental nature of the program or the essential functions of the position where the accommodation is sought; and/or (4) was properly implemented. This finding will be communicated to the complainant in writing. If the ADA/504 Coordinator finds that the requested accommodation was improperly denied, the matter will be referred back to the Office of Accessibility and Disability Resources who will review the requested accommodation in light of the result of this investigation and who will reopen the interactive process with the complainant. If the ADA/Section 504 Coordinator finds that the approved accommodation(s) was not properly implemented, the Coordinator will work with the Office of Accessibility and Disability Resources and the staff or faculty member responsible for implementing the accommodation to determine how best to put the accommodation into place for the complainant.

 

If the ADA/Section 504 Coordinator finds that the approved accommodation(s): (1) was not reasonable; (2) posed an undue hardship or burden for the College; or (3) was a fundamental alteration of the program or the essential functions of the position, the matter will be referred back to the Office of Accessibility and Disability Resources who will review the requested accommodation in light of the results of this investigation and who will initiate the interactive process with the complainant regarding what alternate accommodations may be available.