Americans with Disabilities Act Policy and Process
Americans with Disabilities Act (ADA) Student Complaint Policy
The Board of Trustees of Carroll College support the right of students with disabilities to have access to appropriate avenues for complaint when they believe their rights according to the Americans with Disabilities Act of 1990 (ADA) as amended, or Section 504 of the Rehabilitation Act of 1973 as amended have been violated. The College has adopted this policy and the procedures below to address such alleged violations promptly and equitably.
Americans with Disabilities Act (ADA) Student Complaint Process
The following rules are constructed to protect the substantive rights of interested people, meet appropriate due process standards, and assure that Carroll College complies with Section 504 and the ADA and their implementing regulations. Any accommodations or services already granted to the student will remain in place throughout the complaint process and any subsequent appeal. The student’s right to pursue other remedies, such as filing an ADA or Section 504 complaint with an appropriate state or federal agency or department, shall not be impaired by the internal complaint procedures of the college. Likewise, the student’s right to a prompt, equitable internal resolution of the complaint filed under these rules shall not be impaired by the student’s pursuit of an external remedy.
A. Informal Complaint Procedures
The informal complaint procedure is a verbal process a student may, but is not required to, engage in. In order to be timely and to ensure appropriate accommodations are in place as early as possible, it is recommended that an informal complaint is initiated as close as possible to the time the alleged discrimination is detected by the student by scheduling a meeting with the Director of Accessibility Services to discuss the discrimination that the student has experienced. The Director of Accessibility Services will begin working with pertinent faculty and/or staff to resolve the complaint within 10 business days. A written record of the complaint and resolution will be filed in the Accessibility Services Office.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in public accommodations, commercial facilities and private businesses that are open to the public. Any Carroll College student who believes that he or she has been denied access a Carroll program, or have been discriminated against based on your disability, may also file a confidential complaint using the Incident Reporting Form linked here.
Your complaint will be investigated and you will be contacted with the results, or how to further proceed. This form and process are designed to provide you with the opportunity to quickly and effectively resolve any issue(s) as they relate to the ADA and Carroll College. The College has adopted this policy and the procedure to address such alleged violations promptly and equitably.
Students may discuss any complaint they have with the individual instructor or employee that is responsible for the program or class in which the student believes the alleged discrimination occurred or is occurring. Most misunderstandings and problems can be resolved in this manner.
B. Formal Complaint Procedure
If the complainant has been unable to resolve the complaint or problem using the Informal Complaint Procedure, or decides to move straight to a formal complaint, the complainant may proceed with the following:
- The Formal Complaint Procedure begins with a written statement, which must be filed within thirty (30) calendar days after a failure to resolve the complaint informally. If the complainant elects not to use the Informal Complaint Procedure, the Formal Complaint Procedure should be initiated by the student as close as possible to the time the alleged discrimination is detected by the student, and no later than thirty (30) calendar days after the end of the semester the discrimination took place.
- The written statement from the complainant to the Director of Accessibility Services shall contain the following:
- A description of the alleged events and action(s) of all parties involved
- The date(s) of the alleged occurrence(s)
- Solutions which were proposed and why they were unacceptable
- Detailed description of the remedy sought
- The complaint should be addressed to:
Carroll College Director of Accessibility Services
Office of the Dean of Students
Borromeo Hall, Carroll College
- In reviewing the complaint, the ADA Coordinator shall request written statements from the respondent or anyone else directly involved. These individuals have five (5) working days to submit any statements they wish to be considered. The ADA Coordinator has the right to request and collect additional relevant information as needed. A decision of the findings will be sent to the complainant in an accessible format and respondent within ten (10) working days of the receipt of submitted and requested information.
- The ADA Coordinator will maintain files and records of the complaint.
- The decision of the ADA Coordinator is final as pertains to this complaint process.
C. Waivers
Any step of this complaint policy, and the time frames in the procedure, may be waived upon written agreements of all parties. The written agreement shall become a permanent part of the complaint file.
D. Confidentiality
All information and discussion of the case is confidential and must remain within the parties to the complaint.
E. External Agencies
Complaints regarding discrimination on the basis of a disability may be resolved through the college. However, an aggrieved individual also has the right to file a complaint with and/or seek additional information from one or more of the following:
Montana Human Rights Bureau
P.O. Box 1728
Helena, MT 59624
(406) 444-4356
(800) 542-0807
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - 1425 NYAV
Washington, DC 20530
Office for Civil Rights, Seattle Office
U.S. Department of Education
915 Second Ave., Room 3310
Seattle, WA 98174-1099