LCC Disability Grievance Procedure
Lansing Community College, in compliance with state and
federal laws and regulations including the Americans with
Disabilities Act of 1990 (ADA) and Section 504 of the
Rehabilitation Act of 1973, does not discriminate on the
basis of disability in administration of its
education-related programs and activities and has an
institutional commitment to provide equal educational
opportunities for disabled students who are otherwise
qualified.
I. Applicability
II. Informal Resolution Process
III. Formal Complaint Process
IV. Possible Decisions
V. Appeal
I. APPLICABILITY
The grievance procedure set forth below applies to students of the College. It
is designed to address disputes concerning:
A. Disagreements regarding a requested service, an accommodation, or a
modification of a College practice or requirement;
B. Inaccessibility of a program or activity due to disability;
C. Harassment or discrimination on the basis of disability;
D. Violation of privacy in the context of disability.
II. INFORMAL RESOLUTION PROCESS
Before requesting a resolution through the informal process,
students should first discuss their concerns with their ODSS Counselor or
Specialist. Students should be prepared to consider alternate solutions
and perspectives.
In the event a student believes (i) that he or she has been denied an
accommodation or the modification of a College practice or requirement to which
he or she is entitled under applicable disability law or (ii) a program or
activity has been inaccessible to him/her due to disability or (iii) he/she has
been harassed or discriminated against because of a disability or perception of
a disability by a college faculty or staff member or (iv) his/her privacy has
been violated in the context of his/her disability, the student shall attempt to
resolve the matter informally. If the student is unable to resolve the matter
through the informal process, a formal complaint may be filed at the option of
the student.
Prior to initiating the formal complaint procedure students are strongly
encouraged to first meet with the Coordinator of Special Populations for
assistance in resolving the matter informally within fourteen (14) calendar days
of the alleged denial of accommodations or act of discrimination (unless the
Coordinator of Special Populations determines there is a timeliness issue- in
which case the issue will be placed on a fast-track). If a resolution
satisfactory to the student can not be achieved in seven (7) calendar days from
the date the student notified the Coordinator of Special Populations, the
student may file a formal complaint. Although students are encouraged to pursue
a resolution first through the informal complaint process, it is not mandatory.
It should be noted, however, that many issues may be resolved quickly through
the use of the informal resolution process.
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III. FORMAL COMPLAINT PROCESS
If the informal procedure described above does not yield a successful
resolution, the student may file a formal complaint in the following manner:
A. When To File A Complaint - Complaints shall be filed within
seven (7) calendar days of the end of the informal resolution process described
above (if the informal process was used). If the informal resolution process was
not used, the student must file the complaint within 14 calendar days of the
administrative action or decision giving rise to the complaint (unless the
Coordinator of Special Populations has placed the issue on a fast-track).
B. What To File - A complaint must be in writing and must
include all of the following:
• The student’s name, address, e-mail address and phone number;
• The names of individuals, departments and/or programs involved;
• A detailed description as to which administrative decision (relating to
disability) the student disagrees with or believes is discriminatory;
• A statement as to whether or not the student would like the opportunity to
meet with the Disability Grievance Committee (hereinafter referred to as the
“Committee”) to discuss the issue in person. If the student chooses, the student
may write a statement and submit it to the Committee to review in place of
requesting a meeting.
• A statement of the remedy requested.
C. Where To File A Formal Complaint - The complaint must be
filed with the SAS/SEM Divisional Office, with the Judicial Affairs Liaison,
located in SPS 230 on the main campus.
D. Notice Of Receipt - Upon receipt of the complaint, the
Judicial Affairs Liaison will review the complaint for timeliness and
appropriateness for this grievance procedure, and will provide the student with
written notice acknowledging its receipt.
E. Membership of the Disability Grievance Committee - The
Director of Judicial Affairs shall convene the committee within fourteen (14)
calendar days of written acknowledgement by the Judicial Affairs Liaison of the
complaint, unless unusual circumstances prohibit it. Once the committee is
convened, they will select a member to serve as a chair for the formal complaint
proceedings. The Judicial Affairs Director, with the concurrence of the Dean of
SAS/SEM, may take appropriate action on an interim basis, when there is
reasonable cause to believe that such action is needed for the health, safety,
or welfare of the student or other member(s) of the College community, or to
avoid disruption to the academic process. The Committee shall consist of:
• An Academic Advisor or Counselor
• Two employees of the college (one of whom must be an Administrator)appointed
by the Director of Judicial Affairs.
An ODSS staff will serve as an ad hoc member of the Committee to provide
information as necessary, but will not participate in recommending a proposed
disposition to the Director of Judicial Affairs with the rest of the Committee
Committee members must not be currently working with the
student in a professional capacity. In addition, all members must attend
training and be knowledgeable on ADA and Section 504 of the Rehabilitation Act
before serving on the Committee as a member.
F. Fact-finding - The Committee shall promptly initiate
fact-finding. During fact finding, the Committee may interview, consult with
and/or request a written response to the issues raised in the complaint from any
individual the Committee believes to have relevant information, including
faculty, staff and students. The student and any person towards whom the
complaint might have been directed shall have the right to submit written
materials to the Committee and suggest names of any faculty, staff, students or
others from whom he/she believes the Committee should hear. The Committee may
assign any member who has been adequately trained to conduct any part of the
fact-finding as the Committee determines to be appropriate.
G. Standard of Review – The Committee uses the following as its
basis for fact-finding and Standard of Review:
1. Whether more likely than not the administrative decision was appropriate
given the circumstances;
2. Whether more likely than not inaccessibility into a program or activity
resulted from a disability;
3. Whether more likely than not harassment or discrimination occurred as a
result of a disability;
4. Whether more likely than not a privacy violation regarding a disability
occurred.
H. Information - The student and the person whom the complaint
has been directed against shall have the right to present personal knowledge and
information regarding the issue, either in person or in writing. Since the
matter is administrative and not legal in nature, attorneys are not allowed
during meetings with the Committee, if one occurs.
I. Findings and Notification - Upon completion of the fact
finding, the Disability Grievance Committee will prepare a final report
containing a summary of the fact finding; written findings and a proposed
disposition or recommendation. The Committee will then transmit the report to
the Director of Judicial Affairs within fifteen (15) calendar days of the date
the Committee completes its fact finding.
J. Disposition - The Director of Judicial Affairs shall take
whatever actions are deemed appropriate (see Possible Decisions section below).
He/she shall report his/her decision in writing to the student, person whom the
complaint was directed against, and the Committee.
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IV. Possible Decisions
Possible decisions under this grievance procedure may include corrective steps,
actions to reverse the effects of discrimination or end harassment, and measures
to provide a reasonable accommodation or proper ongoing treatment.
In addition, if the Director of Judicial Affairs determines that the
administrative decision for which the grievance was filed was appropriate, the
Director of Judicial Affairs shall report that decision in writing to the
student.
V. APPEAL
Within ten (10) calendar days of the issuance of the final report, the student
or the party against whom the grievance is directed may file an appeal to the
Dean of SAS/SEM.
The written request for an appeal must specify the particular substantive and or
procedural basis for the appeal, and must be made on grounds other than general
dissatisfaction with the 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.
The review by the Dean of SAS/SEM shall be limited to the following
considerations:
• Were the proper facts and criteria used to make the decision?
• Were any extraneous facts or criteria used to make the decision?
• Were there any procedural irregularities that substantially affected the
outcome?
• Given proper facts, criteria, and procedure was the decision one that might be
reasonably made?
The Dean’s review is limited to information provided to the Disability Grievance
Committee as part of the formal process above. A copy of the Dean’s written
decision will be expected within thirty (30) calendar days of the filing of the
appeal and shall be sent to the appropriate parties. The Dean, for good cause,
may extend the deadline. The decision of the Dean on the appeal is final.
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