I. Policy Statement
The purpose of this ADA Grievance Policy (“Policy”) is to provide a grievance procedure if an employee or student requests accommodation and believes that the accommodation has been impermissibly denied, or believes that they have been discriminated against on the basis of their disability.
The University of Tulsa is committed to providing students and employees equal access to its facilities, programs, and services.
Effective and efficient implementation of this commitment requires the cooperation of all of the University’s offices, departments, and personnel as well as appropriate utilization by students of the University’s services, depending on their particular situations and needs.
This Policy applies to students, faculty, and staff members of the University community.
Complainant refers to, when not specified otherwise, the student or employee submitting the ADA Grievance.
Complaint refers to a written statement from the student or employee submitting the ADA Grievance, alleging impermissible denial of an approved ADA accommodation or alleging discrimination on the basis of the person’s disability.
Disability means a physical or mental impairment that substantially limits one or more major life activities.
Employee means every full- or part-time employee, including student employees.
IV. Policy and Procedures
A. Non-Discrimination and Policy Overview
The University of Tulsa does not discriminate on the basis of personal status or group characteristics including, but not limited to, the classes protected under federal and state law, in its programs, services, aids, or benefits. In particular, the University of Tulsa does not discriminate on the basis of disability in its workplace, programs, services, aids, or benefits. The University of Tulsa will reasonably accommodate all employees and students with disabilities, where to do so does not impose an undue burden on the institution, as specified in the Accommodation Request Policy. If an employee or student requests accommodation and believes that the accommodation was impermissibly denied or believes they have been discriminated against on the basis of their disability, the employee or student should bring this matter to the ADA/504 Coordinator.
Individuals with disabilities are guaranteed certain protections and the right to accommodation, but the University of Tulsa is under no obligation to provide any accommodations unless an individual properly identifies as a person with a disability and supplies the necessary documentation. An individual with a disability is a person who has:
- a physical or mental impairment that substantially limits one or more major life activities;
- a record of such impairment; or
- is regarded as having such an impairment.
The University of Tulsa has adopted an internal procedure for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act. All complaints must be submitted in writing and include as much detail about the incident as possible. The written complaint must also include the name and contact information of the person submitting the complaint, the name of the individual(s) alleged to have engaged in the conduct at issue, any witnesses, and the alleged violation. Those submitting complaints are encouraged to include any substantiating documentation in their possession. All complaints should be fully submitted and received within thirty (30) days after the complainant becomes aware of the alleged violation or grounds for appeal. All information relating to an ADA Grievance is considered private and is maintained separately from employee personnel files and from student educational records accessible under FERPA.
- Complaints should be filed within thirty (30) days after the complainant becomes aware of the alleged violation or grounds for the grievance. The employee/student notifies either the ADA/504 Coordinator or the appropriate supervisor of their complaint. Supervisors will direct employees/students to the ADA/504 Coordinator to attempt to informally resolve the complaint or appeal. The ADA/504 Coordinator will promptly respond to any complaints and try to informally resolve the complaint within a reasonable time frame after notice of the complaint. The informal resolution process may require discussion with other relevant parties.
- If (a) the complaint cannot be informally resolved by the ADA/504 Coordinator, (b) the employee/student is not satisfied with the resolution by the ADA/504 Coordinator, or (c) the complaint is an appeal of a decision made by the ADA/504 Coordinator, the complainant should submit a written complaint to the Chief Compliance Officer. The written complaint or appeal should include as much detail about the incident as possible and include the name and contact information of the person submitting the complaint, the individual(s) alleged to have engaged in the conduct at issue, any witnesses, and the alleged violation. Those submitting complaints are encouraged to include any substantiating documentation in their possession.
- The Chief Compliance Officer will thoroughly investigate all complaints and appeals, affording the complainant notice, the opportunity to be heard, and to submit information relevant to the complaint or appeal. The Chief Compliance Officer will promptly issue decisions in response to complaints and appeals, within a reasonable time frame after receipt of all documents related to the complaint or appeal, typically within twenty (20) working days of receiving the written complaint and all pertinent documents per the university’s work calendar. In cases involving disciplinary action against an employee or student, the complainant may not be entitled to outcome information as employee personnel records and student disciplinary records are confidential. The Chief Compliance Officer will share outcome information with relevant parties to the extent the individual needs the information to provide or receive the resolution, and information confirming a resolution has occurred.
- The decision of the Chief Compliance Officer shall be final and not subject to further review.
- Accommodations are available to employees/students with disabilities that impact their participation in the grievance process. Requests for such accommodations should be submitted to the ADA/504 Coordinator.
- In compliance with applicable laws and regulations, all documents pertaining to an ADA Grievance are private and maintained separately from the employee’s personnel file or from the student’s educational record accessible under FERPA. These ADA Grievance records may only be shared with select administrators and others with a “need to know” as determined by the University in compliance with all relevant policies and laws (e.g., Human Resources, employee’s supervisor, parties identified as relevant to the investigation of the complaint or appeal).
- Retaliation constitutes any acts of reprisal, revenge, and/or retribution based on a complaint, appeal, and/or grievance. Retaliation based on an ADA complaint/appeal/grievance is expressly prohibited and all members of the University community are forbidden from acts of retaliation.
Accommodation Request Policy
Rights and Responsibilities of Students Using Accommodations