Formal Grievance Procedure
Student Formal Grievance Procedure for complaints under:
- Rehabilitation Act of 1973 (Section504),
- the Americans With Disabilities Act(Title III), and/or
- the Washington State Law AgainstDiscrimination (RCW Ch. 49.60 as Related toDisabilities)
Purpose: Gonzaga University hasadopted these internal procedures to provide prompt and equitableresolution of complaints alleging any violation of Section 504 ofthe Rehabilitation Act, Title III of the Americans withDisabilities Act (ADA), and/or the Washington State Law AgainstDiscrimination (RCW Ch. 49.60 as Related to Disabilities), andtheir implementing regulations. Such laws prohibit discriminationin education on the basis of a disability.
This procedure will be applied and construedto:
- protect the substantive rights of interestedpersons;
- provide appropriate and fundamentally fairprocedural standards; and
- assure compliance with the above named laws andtheir implementing regulations.
Application: This procedureshould be used by all Gonzaga University students (undergraduate,law and graduate) for resolution of complaints alleging any actionprohibited by Section 504 of the Rehabilitation Act, Title III ofthe Americans with Disabilities Act (ADA), and/or the WashingtonState Law Against Discrimination (RCW Ch. 49.60 as Related toDisabilities), and regulations thereunder.A. Informal Reports orDiscussions LawSchool:
Any other student (i.e. other than law students)wishing to informally discuss or report matters of concern, whichcould give rise to a complaint and needing instructions on how toproceed, is encouraged to contact:
Director of Disability Resources, Education,& Access Management
Spokane, WA 99258
B. Formal GrievanceSteps
If a complaint cannot be resolved through theinformal complaint process, a formal grievance may be filed bystudents, including law students, and should be addressed to one ofthe following Review Officers:
For Academic Issues:
Academic Vice President
Spokane, WA 99258
For other than AcademicIssues:
Vice President for Student Life
Spokane, WA 99258
The appropriate individual will review the matteror will designate another person to do so.
- The grievance shall be filed in writing, andshall contain:
- the name and address of the person filing thegrievance (the complainant);
- a brief description of the allegeddiscriminatory actions;
- the date(s) the action(s) occurred;and
- the name(s) of the party(ies) responsible(respondent).
- The grievance shall be filed within 120 days ofthe most recent alleged discriminatory action. Grievances which arefiled more than 120 days after the most recent allegeddiscriminatory action may or may not be processed at the EEOCompliance Officer's discretion.
- Review and/or investigation suitable to thematter will be conducted as to all timely filed grievances whichraise allegations relevant to the applicable laws and regulations.The investigation will be conducted as designated by the AcademicVice President or Vice President for Student Life in conjunctionwith the EEO Compliance Officer. These rules contemplate informal,but thorough and impartial investigations, affording all interestedparties and their representatives, if any, opportunity to submitevidence to the Investigating Officer relevant to acomplaint.
- The matter will be resolved by the ReviewOfficer based on the report of the Investigating Officer unless theReview Officer directs the parties to personally appear before theReview Officer. A written determination as to the validity of thegrievance and a description of the resolution, if any, shall beissued by the Review Officer and a copy sent to the complainant andrespondent normally no later than sixty (60) calendar days afterthe complaint is filed.
If extenuating circumstances dictate an extension of this time, theReview Officer will notify the complainant and respondent inwriting of the delay, and an estimate of a reasonable time framefor completion.
- The EEO Compliance Officer will maintain allfiles and records of the grievance.
- Either the complainant or respondent may appealthe decision if either party is dissatisfied with the decision.Notice of appeal should be made in writing and filed with the EEOCompliance Officer within fourteen (14) calendar days after thedate of the Review Officer's decision. A written memoranda settingforth the basis of the appeal and reason(s) should be included withthe notice of appeal. The EEO Compliance Officer will provide acopy of the appeal to the other party or parties to the complaint,who will then have fourteen (14) calendar days thereafter torespond in writing. Any response should be filed with the EEOCompliance Officer, who will provide a copy of the response to theparty filing the original appeal.
- The appeal will be resolved by:
President of Gonzaga University
Spokane, WA 99258
The President will either personally review the matter or willdesignate another person to do so. Verbal argument, if any, will beat the discretion of the President or designee.
- The President or designee, normally will issue awritten decision as to the appeal within twenty (20) calendar daysafter the due date of the appeal response. The decision willaddress and determine the validity of the appeal and itsresolution, if any. Copies of the appeal decision will be sent tothe complainant and the respondent. This appeal is the finalrecourse within the University.
If extenuating circumstances dictate an extension of this time, thePresident or designee will notify the complainant and respondent inwriting of the delay, and an estimate of the time frame forcompletion.
- The EEO Compliance Officer will maintain allfiles and records of the appeal and resolution, if any.
The right of a person to prompt and equitableresolution of the complaint will not be impaired by the person'spursuit of other remedies such as the filing of a Section 504 orTitle III complaint with the responsible federal/state departmentsor agencies. A person is not required to use this grievanceprocedure before pursuing other remedies.
These agencies are:
Washington State Human RightsCommission
905 West Riverside, Suite 416
Spokane, WA 99201
The Department of Justice Civil RightsDivision
1425 New York Avenue, Room 5041
Washington, D.C. 20005
(202) 514-4224 TDD (800) 514-0383
U.S. Department of Education
Office for Civil Rights
915 Second Avenue, Room 3310
Seattle, WA 98174
(206) 220-7880 TDD (206) 220-7907
To obtain this information in alternativeformats, please contact Disability Resources at (509)323-4134.