Learning Assistance Center Grievance Procedure

Xavier University?s Learning Assistance Center strives to maintain the highest standards of integrity by upholding the rights of persons with disabilities provided by Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990, Amended 2008. Xavier University?s Learning Assistance Center has adopted an internal appeal and grievance procedure to provide an expeditious and equitable resolution of complaints to students who disagree with provision of accommodations for students/applicants who believe they have been subjected to discrimination. Students may file a complaint as described herein. Faculty and/or staff who disagree with accommodations as specified in the Student-Faculty Agreement may also follow this procedure.
It is recommended that Xavier University Faculty or staff members who wish to challenge accommodations or have questions regarding accommodations per the Student-Faculty Agreement address their concerns directly with the Assistant Director of Disability Services, Cassandra Jones, in the Learning Assistance Center at 513 745-3003 located on the fifth floor of the Conaton Learning Commons, Suite 514. Faculty and staff should not discuss their objections to assigned accommodations with students.
The right of a person to a prompt and equitable resolution of the complaint filed shall not be impaired by the person?s pursuit of other remedies such as the filing of a 504/ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, although it is highly recommended that this procedure be used first.
Students who believe that their rights have been infringed upon are entitled to a fair and impartial consideration of their case.
Xavier strives to resolve differences through informal resolutions procedures whenever possible. Should you have a complaint regarding your rights under section 504, notify the Assistant Director of Disability Services, Cassandra Jones, in the Learning Assistance Center at 513 745-3003 located on the fifth floor of the Conaton Learning Commons, Suite 514.
If an informal resolution is not reached to your satisfaction, you may file a formal complaint by using the formal appeal process.

Appeal Procedure

Individuals who disagree with accommodations through the Learning Assistance Center but do not necessarily feel subject to discrimination may seek reconsideration of an accommodation from a second party. The accommodation will remain as stated on the Student-Faculty Agreement until a final decision has been rendered. Individuals seeking an appeal should follow this procedure:
1.      The complainant must submit the completed Appeal Form to the Associate Director, Student Success and Retention located on the fifth floor of the Conaton Learning Commons, Suite 514.
2.       The Associate Director, Student Success and Retention will conduct an investigation consisting of a review of documentation, discussion with the complainant, discussion with the Assistant Director of Disability Services, Learning Assistance Center, and consultation with other relevant parties.
3.      Once the information presented has been reviewed, a decision will be rendered within fifteen (15) business days of the date the document was submitted.
4.      The complainant will be notified in writing of the decision. The decision of the Associate Director, Student Success and Retention is final.
 
If the outcome of the appeal is not satisfactory and the complainant feels that he/she has been denied an accommodation inappropriately, he/she may file a Formal Grievance.
 

Formal Grievance Procedure:

 
The Formal Grievance Procedure is intended for rare circumstances in which after other measures to correct the situation have been taken, the individual feels subject to discrimination due to a disability. The formal grievance procedure is as follows:
 
1.      The complainant must submit the completed Grievance Form to the Executive Director, Student Academic Support Services, in the Learning Assistance Center, Conaton Learning Commons, Suite 514.
2.      A complaint must be submitted within thirty (30) days of the violation.
3.      The Executive Director of Student Academic Support Services or an appropriate designee will conduct an investigation consisting of a review of the documentation, discussion with the complainant, discussion with the Assistant Director of Disability Services, and consultation with other relevant parties.
4.      The complainant will be notified in writing of the decision. The decision of the Executive Director is final. Once the information presented has been reviewed, a decision will be rendered within fifteen (15) business days of the date the document was submitted.
 
If the decision of the Executive Director is unacceptable to the complainant, he/she may request a formal hearing with the Associate Provost of Academic Affairs.
 
The Associate Provost will then convene a meeting with the Dean of the College in which the student belongs along with the complainant to take place within fifteen (15) business days of the final decision by the Executive Director of Student Academic Support Services. At a separate time, The Associate Provost will then convene a meeting with other relevant parties involved for review of the issue. 
 
If the grievance is substantiated and the university is found to be in violation of disability mandates, a copy of the decision letter will be forwarded to the Executive Director, Student Academic Support Services who will assemble a committee of appropriate parties to explore options for a fair and expeditious remedy to the violation. The original accommodation will stand as stated on the Student-Faculty Agreement until the grievance process is completed. The Assistant Director of Disability Services, Learning Assistance Center will maintain the files and records relating to the complaints for a period of three (3) years.