Grievance Procedures for Students

The University of Texas at Dallas provides a process by which students may seek resolution of grievances due to disability-related discrimination or who believe the accommodations and services afforded them are inappropriate to provide access.

The University has adopted internal procedures designed to provide prompt and equitable resolution to disability related complaints.

Purpose

Consistent with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, The University of Texas at Dallas protects individuals with disabilities from discrimination based on disability and is committed to providing reasonable accommodations enabling qualified students with documented disabilities to accomplish their educational goals.

Responsibility

Reasonable accommodations are provided based on individual need as assessed through appropriate/qualified documentation using an interactive process. It is the responsibility of the student who desires a reasonable accommodation to notify the AccessAbility Resource Center and to provide appropriate/qualified documentation.

Students are not required to identify themselves if they do not want to avail themselves of accommodations.

Complaint & Appeal Procedures

Any student who believes that they have been the subject of discrimination based on their disability or who believes that the accommodations and services afforded are inappropriate to provide access should seek resolution. The University has adopted internal procedures designed to provide prompt and equitable resolution to disability complaints at the earliest and lowest level possible.

When appropriate, informal resolution with the individual, organization or department giving rise to the complaint is encouraged and should be attempted prior to formal filing of a grievance.

If not resolved, students with complaints concerning alleged discrimination or inappropriate accommodations should make these complaints known to the director of the AccessAbility Resource Center. The director will investigate the complaint and suggest solutions.

If resolution is not achieved or the individuals involved are not satisfied with the resolution, the student may follow the Grievance Procedure found in this policy.

There are three categories of complaint for grievances:

1. Physical Barriers Preventing Access
2. Failure to Accommodate; Attitudinal Discrimination; Disability-Based Harassment
3. Policy and Procedures Preventing Access

Determining discrimination or harassment is based on evidence that the conduct was sufficiently severe, persistent or pervasive enough to deny or limit the complainant’s ability to participate in or benefit from UT Dallas’ programs, activities or services.

Grievance Procedure

This grievance procedure is established to meet the requirements of:

• Section 504 of the Rehabilitation Act of 1973 (as amended)
• The Americans with Disabilities Act of 1990 (amended 2008)
• The University of Texas at Dallas Nondiscrimination Policy (UTDBP 3090)

It may be used by any student who wishes to file a complaint alleging discrimination based on a disability in the provision of services, activities, programs or benefits by UT Dallas, except where ability represents a bona fide educational or occupational qualification. In accordance with academic freedom in an academic setting, expression that is reasonably designed or reasonably intended to contribute to academic inquiry, education, or debate on issues of public concern shall be exempt from coverage.

These procedures are intended to encourage resolution of the student’s grievance informally and expeditiously.

Procedural Guidelines

Informal Resolution

Informal resolution through direct contact with the individual(s) whose action gave rise to the matter is encouraged and should be attempted prior to any formal grievance. The informal procedure, including seeking assistance in resolution from the director of the AccessAbility Resource Center, affords all interested persons an opportunity to respond and make modifications if necessary.

Informal resolution may be an appropriate choice when the conduct involved is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. It is most appropriate when attitudinal or behavioral conduct is involved. Informal resolution is an opportunity to have an educational moment. No formal investigation is involved in the informal resolution process.

The steps involved in informal resolution include:

• A request for informal resolution should be reported as soon as possible after the occurrence of the incident, which in most cases will be within 30 calendar days.
• The ARC director will help determine whether the issue can be resolved informally, and which office is most appropriate to be involved. If the student’s concern is about his/her ARC coordinator, the director of ARC or the Associate VP for Student Affairs and Dean of Students is the most appropriate first contact.
• An informal resolution meeting is not to be considered a precondition for the filing of a written complaint.

If resolution is not achieved or the individuals involved are not satisfied with the resolution, the student may discuss their complaint with the ADA coordinator in Institutional Compliance (IC), who will advise the student of the next steps in the grievance process and receive their formal written complaint.

Formal Complaint

If the Informal Complaint procedures do not yield a successful resolution, then the student may file a formal complaint.

The formal, written complaint must be submitted by the aggrieved student as soon as possible but no later than 30 calendar days after the alleged violation, except when extenuating circumstances prohibit such submission (i.e., hospitalization, incapacitation) to:

ADA Coordinator/504 Compliance Office
Office of Institutional Compliance
800 West Campbell Road, AD 13
Richardson, TX 75080
Email: ADAcoordinator@utdallas.edu
Phone: 972-883-2306
Fax: 972-883-4470

The written complaint must contain information about the alleged discrimination including:

1. the name, address, phone number of complainants.
2. the identity of the respondent — the individual or organization whose action gave rise to the matter of:
3. the type of discrimination alleged and category of complaint
4. a description of the injury and resolution sought
5. a summary of the time, place and results of the discussion that took place to attempt to clarify or resolve the question at the lowest level through direct contact with the individual(s) who gave rise to the matter

Individuals unable to file a written complaint due to a documented disability will be given the option of responding through alternate means to establish their grievance. Please contact IC if you need assistance.

A written complaint should be filed as soon as possible from the date of the occurrence of the alleged violation, which in most cases will be within 30 calendar days. Failure to file a complaint in a timely manner may limit the University’s ability to thoroughly investigate the allegations.

The ADA coordinator will promptly initiate an investigation and may refer the matter (or any part of it) to a grievance

Acknowledgement

Within five business days after receipt of a written complaint, IC will send the complainant a brief acknowledgment of the complaint, stating that the complaint will be evaluated, and advising the complainant(s) that they will be contacted within a given time. The acknowledgment letter will include a copy of the complaint procedures.

Complaint Evaluation

A formal investigation will be initiated if a complaint is complete, within the scope of this policy and articulates sufficient specific facts, which, if determined to be true, would support a finding that this policy was violated. The University may not proceed with a complaint investigation under a variety of circumstances, for instance:

• A complaint fails to describe in sufficient detail the conduct that is the basis of the complaint.
• The conduct described in the complaint is not covered by this policy.
• The complainant declines to cooperate in the University’s investigation.
• The complaint has been withdrawn; or
• If it is determined that the University will not proceed with a complaint, an appropriate resolution or remedy already has been achieved or has been offered and rejected.

If it is determined that the University will not proceed with a compliant investigation, IC will send a notification letter explaining the reason(s) to the complainant, with a copy to the alleged offender when appropriate. The notification letter also will include a statement informing the complainant that, within 10 business days of the notification, they may appeal the determination not to proceed with a complaint investigation to the chief compliance officer. If the complainant is a member of the faculty, the appeal will be forwarded to the vice president for academic affairs and provost. The request for appeal must be a signed written document articulating why the decision to dismiss the complaint was in error. The appropriate vice president will respond within 20 business days of receipt of the appeal. If the decision to dismiss is upheld, that decision is final. If the decision to dismiss is overturned, the complaint is sent back to IC for investigation in accordance with the procedures outlined below.

Notification of Respondent

If it is determined that the University will proceed with a complaint investigation, IC will give the respondent written notification of the complaint investigation. The notification letter will include a copy of the allegations. The notification letter will provide the respondent an opportunity to submit a written response to the allegations within 10 business days, unless unusual circumstances warrant additional time. The notification letter will include a statement advising the respondent that retaliation against the complainant is prohibited and will subject the respondent to appropriate disciplinary action.

Investigation Responsibility

IC is responsible for conducting all formal investigations of complaints alleging discrimination and harassment in violation of this policy. If a complaint is directed against an individual who would otherwise play a role in investigating and attempting to resolve the complaint, the function assigned to that person by these procedures will be delegated to another person.

Investigative Process and Findings

The investigator will interview both the complainant and the respondent(s) and persons who are considered to have pertinent information related to the complaint. The investigator also shall gather and examine documents relevant to the complaint. Facts will be considered based on what is reasonable to persons of ordinary sensitivity and not on the sensitivity or reaction of an individual. Findings will be based on the totality of circumstances surrounding the conduct complained of, including but not limited to the context of that conduct, its severity, frequency, whether it was physically threatening, humiliating, or was simply offensive in nature.

Representation

During the complaint process, the complainant(s) and the respondent(s) may designate and thereafter be accompanied by an advisor of their choosing at meetings and interviews at which they are present; however, no advisor may examine witnesses or otherwise actively participate in a meeting or interview.

Submission of Evidence

During the complaint investigation process, the complainant(s) and the respondent(s) will provide IC with all documents relied upon regarding the issues raised in the complaint.

Report of Findings and Recommendation – Complaints Against Non-Students

1. The investigator will provide a proposed statement of findings, copies of relevant documents and any physical evidence considered to the appropriate vice president within 30 business days of receipt of the respondent’s statement, unless unusual circumstances require more time. The appropriate vice president to act on complaints against faculty and staff will be the vice president over the area where the respondent is employed. The appropriate vice president to act on complaints against contractors will be the vice president for facilities and economic development. The appropriate vice president to act on complaints against visitors will be the chief compliance officer. If a complaint is directed against a vice president who would otherwise act on a complaint, the function assigned to that vice president will be delegated to the president or their designee.
2. The appropriate vice president will promptly notify the complainant and the respondent that the investigation has been completed and attach a copy of the proposed statement of findings. Student identifiable information, if any, which is confidential by law, will be redacted. Within 10 business days from the date of notification, the complainant and respondent may each submit, for consideration by the appropriate vice president, such comments, and corrections as they may have.
3. Within 10 business days of the notification to the complainant and the respondent that the investigation has been completed, the appropriate vice president and the investigator shall meet to discuss the findings, and review the record, along with any comments and proposed corrections submitted by the complainant and respondent.
4. Within 10 business days from that meeting, the vice president shall take one of the following actions:
   1. request further investigation into the complaint.
   2. dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or
   3. find that this policy was violated.
5. If the vice president determines that this policy was violated, they will, following consultation with the investigator, Human Resources, or other knowledgeable persons as appropriate, shall determine a disciplinary action that is appropriate for the severity of the conduct. Disciplinary actions can include, but are not limited to, written reprimands, the imposition of conditions, reassignment, suspension without pay, and termination.
6. The vice president shall inform the complainant and respondent(s), and the appropriate unit head in writing of their decision and shall attach a copy of the final statement of findings. Copies of the vice president’s letter, the attached statement of findings, and relevant documents shall also be sent to the Office of the Dean of Students, the Office of Human Resources, or the Office of Institutional Compliance.

Report of Findings and Recommendation – Complaints Against Students:

1. The investigator will provide a proposed statement of findings, copies of relevant documents and any physical evidence considered to the Dean of Students within 10 business days of receipt of the respondent’s statement, unless unusual circumstances require more time. The Dean of Students and the investigator shall meet within 15 business days to discuss the findings and review the record.
2. Within 10 business days from that meeting, the Dean of Students shall take one of the following actions:
   1. request further investigation into the complaint.
   2. dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or
   3. find that this policy was violated.
3. If the Dean of Students determines that this policy was violated, the Dean, following consultation with the investigator or other knowledgeable persons as appropriate, shall determine whether to initiate a disciplinary action appropriate to the severity of the conduct pursuant to University Policy UTDSP5003 (Student Code of Conduct), Section B, Administration of Discipline. Disciplinary actions can include, but are not limited to, a documented warning, the imposition of conditions, probation, suspension and dismissal.
4. As required by federal law, any disclosure of the findings and decision of the Office of the Dean of Students will be governed by the provisions of the Family Educational Rights and Privacy Act.

Academic and Other Obligations

The grievance process does not relieve the student from their obligation to timely meet course or degree requirements. The student should continue to fulfill course and degree requirements following submission of the grievance and throughout the time required for disposition of the grievance. Additionally, the grievance process does not pause or otherwise delay University or departmental actions taken for academic or other reasons and which may impact student status or eligibility for housing or other University services or resources.

Urgent Matters

Whenever the application of any of the time deadlines or procedures set forth in this grievance procedure creates a problem due to the nature of the complaint, the urgency of the matter, or the proximity of the upcoming event, the ADA coordinator will, at the request of the grievant, determine whether an appropriate expedited procedure can be arranged.  

Barriers on Campus

UT Dallas strives to prevent and remove barriers to access through maintenance and response to reported problems. Individuals who encounter a physical, electronic, or programmatic barrier on campus, such as an inoperative elevator, an inaccessible website, or a blocked access ramp or any other access barrier, can assist the University in this effort by identifying the problem so the barrier can be removed as quickly as possible to maintain access for everyone.

To report a barrier, please Report an Accessibility Barrier or email ADACoordinator@utdallas.edu.

External Remedies

At any point, the student complainant has the right to file a complaint with the appropriate federal or state agency. The use of the internal grievance procedure shall not be a prerequisite to other external remedies.

U.S. Department of Education
1999 Bryan St. Suite 1620
Dallas, TX 75201-6810
Telephone: 214-661-9600
Fax: 214-661-9587
Email: OCR.Dallas@ed.gov

Retaliation Prohibited

The University of Texas at Dallas prohibits retaliation or reprisals against students based on their pursuit in good faith of a disability accommodation, or pursuit in good faith of a grievance under this procedure (UTDBP 3090), or their participation in good faith in the grievance process.