Disability Grievance Procedure

Student Disability Grievance Procedure

Disability Support Services has the responsibility of determining a student’s need for academic accommodations. This determination is made through the reviewing of the request, disability documentation and an interactive meeting with the student requesting academic accommodations. For students receiving academic accommodations through Disability Support Services, informal grievance procedures are available to resolve accommodation and other disability related complaints in a timely manner. The University will not discourage students from pursuing a formal grievance in lieu of the informal grievance procedures. The informal and formal grievance procedures that follow apply to students who believe their rights may have been violated under Section 504 of the Rehabilitation Act of 1973 (Section 504) and/or the Americans with Disabilities Act of 1990 (ADA). Students not registered with Disability Support Services also have the opportunity to file a formal grievance when they believe their rights may have been violated.

Informal Grievance Procedures

Step 1: Report the concern

Student may contact Disability Support Services by email, phone, or in person to report a disability-related concern.

Students are asked to provide:

• A description of the concern
• The individuals or departments involved
• Any relevant dates or communications
• How the concern has affected their educational experience
• Their desired resolution

Step 2: Meet with Disability Support Services

A DSS staff member will offer to meet with the student to discuss the concern, gather additional information, and identify next steps. During this meeting, DSS will explain available resolution options, including formal grievance procedures.

Step 3: Review and address the concern

DSS will review the information provided and determine whether informal resolution is appropriate.

Depending on the circumstances, informal resolution may involve:

• Clarifying approved accommodation
• DSS communicating with faculty or University staff
• Addressing accessibility barriers
• DSS leading a facilitated conversation between the student and the faculty or staff member involved to discuss the relevant issues in order to seek mutually agreeable solutions
• Providing student with assistance in contacting the appropriate department chair or Dean to request assistance with resolving an allegation of discrimination or harassment

Some concerns may require a referral to the formal grievance procedure.

Step 4: Communicate the resolution

The student will receive a follow-up communication explaining the outcome of the informal resolution process and any relevant next steps. The University will make reasonable efforts to address concerns promptly.

Step 5: Additional Options

If the concern remains unresolved, or if the student prefers not to participate in informal resolution, the student may pursue the University’s formal disability grievance procedure. Participation in the informal process is voluntary and not prerequisite for filing a formal grievance. At any point during the informal grievance process, a student may decide to disengage in the informal grievance process and move forward to submit a formal grievance.

Formal Grievance Procedures

The University has adopted the following internal grievance procedure for students to provide for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Education regulations implementing Section 504 of the Rehabilitation Act of 1973 or the Department of Justice regulations implementing the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008.

1. A complaint must be filed in writing, containing the name and contact information of the person(s) filing it, and a brief description of the alleged violation of the regulation(s), including relevant dates and university employees or locations.
2. Grievances should be addressed to the Disability Compliance Officer, Station 6250, University of Montevallo, Montevallo, AL 35115. If the grievance is regarding the Disability Support Services Office or specifically names the Disability Compliance Officer, also the Director of Disability Services, then the complainant may choose to address it to the Equal Opportunity Officer, Station 6055, University of Montevallo, Montevallo, AL 35115.
3. A complaint must be filed within thirty (30) calendar days of the alleged act(s) of discrimination or the complainant becoming aware of the alleged violation.
4. An appropriate investigation shall follow filing of the complaint. The investigation shall be conducted by the Disability Compliance Officer and may include the Disability Compliance Committee or other University officials as appropriate. If the grievance names DSS or the Disability Compliance Officer, then the EO Officer will guide the investigation. Any University personnel named in the complaint will be notified within ten (10) calendar days of receipt of the complaint.
5. The Disability Compliance Officer, or EO Officer as appropriate, shall issue a written determination regarding the complaint and the description of the resolution, if any, and a copy will be forwarded to the complainant(s) no later than thirty (30) calendar days after its filing. The Disability Compliance Officer shall maintain the confidential files and records relating to grievances for seven (7) years.
6. The decision of the Disability Compliance Officer, or EO Officer, may be appealed within fifteen (15) calendar days to the senior administrator of the applicable University division. The senior administrator will review the complaint and issue a decision within fifteen (15) calendar days. The decision of senior administrator is final.
7. The right to a prompt and equitable resolution of a complaint filed shall not be impaired by the student’s pursuit of other remedies, such as filing a Section 504 or ADA complaint with the appropriate state or federal department/agency.
8. This procedure shall protect the substantive rights of the interested persons to meet appropriate due process standards and to assure the University of Montevallo complies with the intent of Section 504 and the ADA and implementing regulations. (2024)

Confidentiality and Retaliation

Information shared during the informal or formal grievance process will be handled discreetly and disclosed only as appropriate to review and address the concern, consistent with applicable law.

Retaliation against individuals who report disability-related concerns or participate in a grievance process is prohibited.

External Compliant to the U.S. Department of Education

Although students are encouraged to resolve complaints pertaining to disabilities by using the University’s informal or formal grievance procedures, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Right (OCR).