Disability Services

 

Grievance Procedure

Baldwin Wallace University is committed to ensuring that no otherwise-qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in University programs or activities due to his/her disability.  The University is fully committed to complying with all requirements of the Americans with Disabilities Act as amended, and Section 504 of the Rehabilitation Act, and to providing equal educational opportunities to otherwise-qualified students with disabilities.   

To that end, the University has established a four-step internal grievance procedure that is designed to achieve an equitable resolution within a reasonable amount of time.  A University student who believes he/she has been subjected to discrimination on the basis of disability, or has been denied access or  accommodations required by law, shall have the right to invoke the Grievance Procedure.  This Grievance Procedure is intended to address disputes regarding requested services or accommodations, or modifications to University practices or requirements.   

The Grievance Procedure shall not supersede or replace any existing University dispute resolution policies or procedures.  Students are encouraged to consult with the Director of Disability Services or respective designee regarding the most appropriate University policy or procedure to address a particular concern. 

Step One:
A student may bring a discrimination concern or appeal a denial of an accommodation request by submitting the Step One Grievance Form to the Disability Specialist for his/her consideration. 

Step Two:
 If the matter remains unresolved after Step One, either the student or the Disability Specialist may submit the matter to the Director of Disability Services for a prompt and informal resolution.  If the informal resolution arrived at by the Director is unsatisfactory to the student, the student may file a formal Step Three Grievance Form. 

Step Three:
 This request for a Step Three review must be filed within five (5) business days of the denial or lack of resolution of the Step One grievance.  The Director of Disability Services will then investigate the matter and issue a written decision within ten (10) business days after receiving the grievance.  The Director and the student may mutually agree on an extension of time if additional information gathering is necessary or some other unforeseen delay arises. 

Step Four:
If the student wishes to challenge the Step Three written decision of the Director of Disability Services, he/she has a right to file a Step Four Grievance with the Provost.  In order to begin this process, the student must complete the Step Four Grievance Form. 

A Step Four Grievance Form must ordinarily be filed no later than thirty (30) days after the date of the Step Three written decision of the Director of Disability Services.  The Provost reserves the right to refuse to investigate a Step Four Grievance that is filed more than thirty (30) days after the date of the written decision of the Director of Disability Services. 

Upon receipt of a timely Step Four Grievance, the Provost or his/her designee will issue a written determination to the student and the Director of Disability Services which will specify findings, and, if appropriate, set forth the resolution of the matter.  Such written determination shall ordinarily be issued within thirty (30) days of the date of the Step Four Grievance.  Circumstances which may prolong the response of the Provost or designee include the intervention of a semester break and such other circumstances which may render unavailable persons necessary to an appropriate resolution of the complaint. 

The Provost or designee shall maintain files and records relating to all Step Four Grievances.  The right of the student to an equitable and timely resolution of a filed grievance shall not be impaired by his/her pursuit of other remedies such as the filing of a complaint with the responsible federal or state department agency. 

Office of Civil Rights (OCR) Complaint: 
Although students are encouraged to attempt to resolve complaints pertaining to disabilities by using this Grievance Procedure, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR): United States Department of Education, Office of Civil Rights, Cleveland Office, 600 Superior Avenue East, Suite 750, Cleveland, Ohio 44114-2611.  Phone: 216.522.4970, Fax: 216.522.2573, Email: OCR.Cleveland@ed.gov. 

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