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NCU has both informal and formal mechanisms for students and employees to resolve concerns about disability discrimination, denial of access to services, accommodations required by law, or an auxiliary aid they believe they should have received (“disability-related issues”). Any person who believes she or he has been subjected to discrimination based on a disability may file a grievance under this procedure. It is against the law to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.
Informal Process
If a student or employee has concerns about a disability-related issue, the student or employee should, but is not required to, in general, first discuss the matter with the ADA/504 Coordinator, or with the individual(s) most directly responsible, such as the faculty or Team member, who has made a determination regarding the student or employee’s disability-related issue. If the student or employee chooses to speak first with the individual(s) most directly responsible, but the discussion does not yield an outcome acceptable to the student or employee, or if the circumstances of the complaint are such that it would be inappropriate for the student or employee to contact the individual responsible, the student or employee should, but is not required to, consult with NCU’s ADA/504 Coordinator, who will attempt to facilitate a resolution.
If the ADA/504 Coordinator is not successful in achieving a satisfactory resolution, generally within ten working days from the date of the student or employee raised the disability-related issue, the ADA/504 Coordinator will inform the student or employee of her/his efforts, and his or her right to file a formal grievance.
Formal Grievance
Should a student or employee feel she or he has not been treated in a fair or professional manner with regard to access and accommodations, or feels they have been discriminated against on the basis of disability, they are encouraged to follow the procedures below.
If the grievance is not resolved at the informal level and the grievant wishes to pursue the grievance, grievances must be submitted no more than 10 business days after the grievant receives notification that the grievance has not been informally resolved. If the grievant did not pursue informal resolution, the grievance must be submitted no more than 10 business days of the date of the event giving rise to the grievance (e.g. disability accommodation decision or the alleged discriminatory act or incident). NCU will make appropriate arrangements to ensure that persons with disabilities are provided other accommodations, if needed, to participate in this grievance process. The ADA/504 Coordinator will be responsible for such arrangements. The grievance must be in writing and include the following:
- The grievant’s name, address, email address and phone number
- A full description of the situation
- A description of the efforts, if any, which have been made to resolve the issue informally
- A statement of the requested remedy, e.g. requested accommodation or remedy to address the alleged discrimination
The ADA/504 Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The ADA/504 Coordinator (or her/his designee) will maintain the files and records of the University relating to such grievances. These findings will be presented to the ADA Grievance Review Board (AGRB). The ADA Grievance Review Board (AGRB) will consist of a minimum of four committee members, including a Dean, the University Registrar, the Director, Senior Director, or VP of Student and Financial Services, and the Office of the President or designee. If the grievant would like to address the AGRB directly, he/she must disclose this request in their formal grievance submission and provide a contact number. All grievances are heard and decided upon by the ADA Grievance Review Board. The ADA/504 Coordinator will issue a written decision on the grievance no later than 30 days after its initial filing by the grievant.
The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U.S. Department of Education, Office for Civil Rights.
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