Student ADA/Section 504 Grievance Procedures

Any Saint Joseph’s University student who believes that they have been denied appropriate accommodations or equal access to the University’s programs, services or activities under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Section 504) has the right to invoke these Student ADA/Section 504 Grievance Procedures (“Procedures”). These Procedures are intended to address student concerns such as the denial of disability status or of a requested accommodation, disagreements about the adequacy of an accommodation, or concerns about whether an approved accommodation has been appropriately implemented.

These Procedures are not intended to supersede other University policies and procedures that address alleged violations of the ADA and/or Section 504, which the University may use in lieu of these Procedures. Specifically, students who believe they have been subject to discrimination, harassment or retaliation on the basis of disability status should refer to the procedures in the Interim Policy on Discrimination, Harassment, and Retaliation.

As described below, under these Procedures, students may pursue a prompt and fair grievance process by initiating an Informal or Formal Grievance.

Under the Informal Grievance process, students are encouraged to discuss accommodation decisions or concerns and/or disability-related concerns with the Office of Student Disability Services (SDS), as a conversation may resolve a concern or disagreement quickly. SDS works with the student and any other necessary individuals (such as instructors) to address the concern.

To initiate the Informal Grievance process, students should contact SDS at sds@sju.edu or 610-660-1774. Although SDS uses best efforts to facilitate resolution as quickly as possible, Informal Grievances made fewer than ten (10) business days in advance of a deadline (such as an exam or paper due date) may not allow adequate time for review and resolution.

If the Informal Grievance process is ineffective or impractical, SDS may refer a student to the Formal Grievance process. In addition, a student may choose to initiate the Formal Grievance process at any time before, during, or after the Informal Grievance process.

The following process applies to Formal Grievances:

1. Submitting a Formal Grievance
    
   1. Students must submit Formal Grievances in writing to the Director of Student Disability Services (or their designee) via email at sds@sju.edu.
   2. Formal Grievances must be submitted as promptly as possible, but no later than:
      1. Thirty (30) days after the denial of disability status or requested accommodation, or
      2. Sixty (60) days after the student became aware of the alleged discrimination (e.g., that an approved accommodation was inadequate or not being appropriately implemented).
   3. Submissions must include:
      1. The student’s name and contact information
      2. The basis for the grievance and the remedy or relief sought
      3. Applicable background information, including the names of other individuals related to the grievance (if any)
      4. Supporting documentation (if any)
          
2. Investigation
   
   The Director of Student Disability Services (or their designee) investigates the grievance, including allowing the student and any other applicable individuals to submit information relevant to the Formal Grievance. The Director of Student Disability Services (or their designee) reserves the right to consult with appropriate University personnel, subject to applicable confidentiality procedures, for purposes of the investigation and decision.
    
3. Decision
   
   The Director of Student Disability Services (or their designee) issues a decision, including a remedy (if applicable), in writing within 15 business days of receipt of the Formal Grievance (provided that the University reserves the right to extend the investigation period under reasonable circumstances, and in such cases will inform the student prior to end of the original 15-day investigation period).
    
4. Appeal
    
   1. If a student is dissatisfied with the Formal Grievance decision, they may submit a written appeal, including supporting evidence (if any), to the Director of the Office of Title IX & Equity Compliance (or their designee) via email at titleix@sju.edu within five (5) days of receipt of the decision.
   2. Appeals are limited to the following, to the extent that they affected or could affect the outcome of the Formal Grievance: (i) a procedural irregularity; (ii) the submission of new evidence that was not reasonably available at the time the decision; and/or (iii) individuals involved in the decision had a conflict of interest for or against the student or any person involved in the Formal Grievance.
   3. The Director of the Office of Title IX & Equity Compliance (or their designee) issues an appeal decision within 15 business days of receipt of the appeal (provided that the University reserves the right to extend the investigation period under reasonable circumstances, and in such cases will inform the student prior to end of the original 15-day investigation period).
   4. The appeal decision of the Director of the Office of Title IX & Equity Compliance (or their designee) is final.

The availability and use of these Procedures does not prevent a student from filing an ADA or Section 504 complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) at any time. See the SDS Policies and Procedures website for more information. 

The University prohibits retaliation against any person who pursues a grievance under these Procedures, or who participates in the investigation of a grievance under these Procedures. Students who believe they have been retaliated against for pursuing or participating in the Informal or Formal Grievance processes under these Procedures should report the matter to the Office of Title IX & Equity Compliance at titleix@sju.edu, pursuant to the Interim Policy Prohibiting Discrimination, Harassment, and Retaliation.