Grievance/Complaint
ADA/504 Grievance Procedure
If a student believes that he or she has been discriminated against in connection with any Atlantic Cape Community College program or activity because of a disability, he or she has the right to submit a grievance to have their concerns formally addressed. No qualified student with a disability shall be denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under any college program or activity. The procedures below apply to any discrimination and harassment by employees, students and/or third parties. Any form of retaliation against individuals who complain about discrimination, file grievances, or participate in the grievance process is strictly prohibited.
Grievances Covered
These grievance procedures are applicable to grievances arising from disagreements regarding requested accommodations and/or other complaints alleging that Atlantic Cape Community College has violated applicable disability anti-discrimination law. It should be noted that nothing in these procedures shall be deemed to require Atlantic Cape Community College to fundamentally alter its programs by modifying or waiving academic requirements that it deems essential to a course of study, or materially altering applicable codes of conduct or academic integrity. Please note that all complaints and grievances must be filed within 60 calendar days of the alleged act, in writing or via audio recording. Additionally, The Center for Accessibility will self-report to the Atlantic Cape Community College’s ADA/504 Coordinator in the event that a complaint cannot be resolved within the CFA.Informal Grievance Process
The complainant can file an informal grievance by first contacting the Director of CFA, who (acting directly or through a designee) shall attempt to resolve the matter through informal consultations with the complainant, The Director of Counseling and Support Services, and/or other appropriate administrators over a period not to exceed ten business days. If the complaint is not resolved to the complainant’s satisfaction in a timely manner, the student may initiate a formal grievance process as described below. Please note that the complainant has the right to file a formal grievance at any time. Furthermore, the CFA office will self-report any instance when a complaint cannot be resolved to the ADA/504 coordinator within 2 business days. In such an instance a written statement, signed by the student, will be prepared documenting the resolution of the complaint and the manner it was resolved.Formal Complaint Process
An individual who believes that discrimination or harassment has occurred may file a formal grievance. If accommodations are required to submit a complaint, The Center for Accessibility will provide accommodations. The formal complaint must include the following information:- A full description of the problem and any relevant facts;
- A summary of the steps the complainant has already taken to attempt to resolve the problem, including the names of persons involved;
- A statement of the requested resolution and the complainant’s rationale for the requested accommodations;
- Any supporting documentation; and
- The name, contact information and signature of the person initiating the complaint.
Click here to submit a formal complaint
The ADA/504 Coordinator will provide the results of their investigation and a proposed resolution, if any within ten business days. Possible resolutions may include but are not limited to, corrective steps and measures to provide reasonable accommodations or a determination that the complainant is not entitled to the accommodations requested. If discrimination is found to have occurred, appropriate corrective and remedial action will be taken. The ADA/504 Coordinator will promptly communicate the resolution to the complainant and the relevant department or other individuals in writing within 10 business days of the ruling. The decision of the ADA/504 Coordinator will be final and any actions taken in response will complete the grievance process. Regardless of the final result of the formal grievance process all parties involved retain the right to file a complaint with the Department of Justice Civil Rights Division at https://www.ada.gov/fact_on_complaint.htm
To file an ADA complaint by mail:
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section – 1425 NYAV
Washington, D.C. 20530
To file an ADA complaint by fax: (202) 307-1197