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DISABILITY COMPLIANCE AND STUDENT FORMAL GRIEVANCE PROCEDURE
- Rehabilitation Act of 1973 (Section 504),
- The Americans With Disabilities Act (Title III), and/or
- The Washington State Law Against Discrimination (RCW Ch. 49.60 as Related to Disabilities)
Purpose: Gonzaga University has adopted these internal procedures to provide prompt and equitable resolution of complaints alleging any violation of Section 504 of the Rehabilitation Act, Title III of the Americans with Disabilities Act (ADA), and/or the Washington State Law Against Discrimination (RCW Ch. 49.60 as Related to Disabilities), and their implementing regulations. Such laws prohibit discrimination in education on the basis of a disability.
This procedure will be applied and construed to:
- protect the substantive rights of interested persons;
- provide appropriate and fundamentally fair procedural standards; and
- assure compliance with the above named laws and their implementing regulations.
This procedure should be used by all Gonzaga University students (undergraduate, law and graduate) for resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act, Title III of the Americans with Disabilities Act (ADA), and/or the Washington State Law Against Discrimination (RCW Ch. 49.60 as Related to Disabilities), and regulations thereunder.
A. Informal Reports or Discussions
Law School:
Any student of the Law School wishing to informally discuss or report matters of concern which could give rise to a complaint is encouraged to contact the Associate Dean of Student Affairs or the Associate Dean of Academic Affairs at the Law School.
Other Students:
Any other student (i.e. other than law students) wishing to informally discuss or report matters of concern, which could give rise to a complaint and needing instructions on how to proceed, is encouraged to contact:
Director of Disabilities Support Services
Gonzaga University
Spokane, WA 99258
(509) 323-4134
B. Formal Grievance Steps
If a complaint cannot be resolved through the informal complaint process, a formal grievance may be filed by students, including law students, and should be addressed to one of the following Review Officers:
For Academic Issues:
Academic Vice President
Gonzaga University
Spokane, WA 99258
(509) 323-3542
For other than Academic Issues:
Vice President for Student Life
Gonzaga University
Spokane, WA 99258
(509) 323-4100
The appropriate individual will review the matter or will designate another person to do so.
1. The grievance shall be filed in writing, and shall contain:
- the name and address of the person filing the grievance (the complainant);
- a brief description of the alleged discriminatory actions;
- the date(s) the action(s) occurred; and
- the name(s) of the party(ies) responsible (respondent).
2. The grievance shall be filed within 120 days of the most recent alleged discriminatory action. Grievances which are filed more than 120 days after the most recent alleged discriminatory action may or may not be processed at the Equal Opportunity Officer’s discretion.
3. Review and/or an investigation suitable to the matter will be conducted as to all timely filed grievances which raise allegations relevant to the applicable laws and regulations. The investigation will be conducted as designated by the Academic Vice President or Vice President for Student Life in conjunction with the Equal Opportunity Officer. These rules contemplate informal, but thorough and impartial investigations, affording all interested parties and their representatives, if any, opportunity to submit evidence to the Investigating Officer relevant to a complaint.
4. The matter will be resolved by the Review Officer based on the report of the Investigating Officer unless the Review Officer directs the parties to personally appear before the Review Officer. A written determination as to the validity of the grievance and a description of the resolution, if any, shall be issued by the Review Officer and a copy sent to the complainant and respondent normally no later than sixty (60) calendar days after the complaint is filed.
If extenuating circumstances dictate an extension of this time, the Review Officer will notify the complainant and respondent in writing of the delay, and an estimate of a reasonable time frame for completion.
5. The Equal Opportunity Officer will maintain all files and records of the grievance.
C. Appeal Steps
1. Either the complainant or respondent may appeal the decision if either party is dissatisfied with the decision. Notice of appeal should be made in writing and filed with the Equal Opportunity Officer within fourteen (14) calendar days after the date of the Review Officer’s decision. A written memorandum setting forth the basis of the appeal and reason(s) should be included with the notice of appeal. The Equal Opportunity Officer will provide a copy of the appeal to the other party or parties to the complaint, who will then have fourteen (14) calendar days thereafter to respond in writing. Any response should be filed with the Equal Opportunity Officer, who will provide a copy of the response to the party filing the original appeal.
2. The appeal will be resolved by:
President of Gonzaga University
Gonzaga University
Spokane, WA 99258
(509) 323-6102
The President will either personally review the matter or will designate another person to do so. Verbal argument, if any, will be at the discretion of the President or designee.
3. The President or designee normally will issue a written decision as to the appeal within twenty (20) calendar days after the due date of the appeal response. The decision will address and determine the validity of the appeal and its resolution, if any. Copies of the appeal decision will be sent to the complainant and the respondent. This appeal is the final recourse within the University.
If extenuating circumstances dictate an extension of this time, the President or designee will notify the complainant and respondent in writing of the delay, and an estimate of the time frame for completion.
4. The Equal Opportunity Officer will maintain all files and records of the appeal and resolution, if any.
D. Outside Remedies
The right of a person to prompt and equitable resolution of the complaint will not be impaired by the person’s pursuit of other remedies such as the filing of a Section 504 or Title III complaint with the responsible federal/state departments or agencies. A person is not required to use this grievance procedure before pursuing other remedies.
These agencies are:
Washington State Human Rights Commission
905 West Riverside, Suite 416
Spokane, WA 99201
(509) 456-4473
The Department of Justice Civil Rights Division
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 alternative formats, please contact Disabilities Support Services at extension 4072.