Disability Grievance Procedure
DISABILITY GRIEVANCE PROCEDURE
In the event that any student enrolled in UCC believes that the student disability procedures have not been followed properly or feels that any action has been directed against him or her because of a disability or perception of a disability by a College employee, the student may attempt to resolve the matter informally or immediately file a formal grievance, at the option of the student.
The informal procedure attempts to resolve the grievance through cooperative meetings with the parties involved. The formal procedure resolves issues through written grievances, investigations and hearings. Students are strongly encouraged to resolve any concern informally. It is not necessary to follow the informal procedure prior to filing a formal grievance.
Any timeline set forth in the procedures may be extended by the Vice President for Student Development upon written application to do so.
No student shall be expelled, suspended, disciplined or in any other way retaliated against for having pursued a grievance in good faith whether or not the charges were substantiated. However, anyone willfully filing a false grievance is subject to discipline.
Informal Grievance Procedure
Any student who feels he or she has been denied access to any service, benefit or opportunity at UCC because of his or her disability, may attempt to resolve the issue through the informal grievance process. The steps to follow in the informal procedure are as follows:
Step 1: The student should meet with the Disability Services Coordinator. If the grievance is against the Disability Services Coordinator, the student should meet with the supervisor. If the grievance is against either of these individuals, the student should meet with the Vice President for Student Development. The meeting will be documented.
Step 2: The Disability Services Coordinator or supervisor will meet with the Vice President for Student Development to review the student's complaint.
Step 3: The Vice President for Student Development or Disability Services Coordinator will meet with the individual believed to be responsible for the discrimination and attempt to find a resolution to the grievance.
Step 4: The Vice President for Student Development will meet with the supervisor of the individual believed to be responsible for the discrimination to review the student’s complaint and the response from the individual.
Step 5: The results of the Vice President for Student Development's attempt to resolve the issue will be documented in writing and a copy provided to all persons involved in the grievance.
Step 6: The Vice President for Student Development will monitor the situation to insure that the terms of the resolution are followed or complied with by all persons involved in the grievance.
Formal Grievance Procedure
If the student is not satisfied with the informal process and any suggested resolution, the student may initiate the formal grievance procedure. The steps in the formal grievance procedure are as follows:
Step 1: The student shall schedule a conference with the Vice President for Student Development within 180 calendar days of the incident. The Vice President will advise the student of his/her options and direct the student accordingly. The Vice President may endeavor to determine if the charges can be disposed of by mutual consent of the parties involved on a basis acceptable to the student.
Step 2: The student shall file a written grievance with the Vice President for Student Development within five (5) college business days of the conference with the Vice President. A formal grievance form will be available at the office of the Vice President.
Step 3: Within ten (10) college business days of receipt of the grievance, the Vice President for Student Development will convene an administrative hearing board. The hearing board will consist of the Vice President for Student Development, a college employee appointed by the Vice President, a member of the Associated Students of UCC (ASUCC) Executive Council and one of the following:
- the Human Resources Director, for employment issues; or
- the Vice President for Administrative Services, for facilities issues; or
- the Vice President for Instruction, for instructional and all other issues
It shall be at the discretion of the hearing board to determine whether to meet with the involved parties separately or in a single meeting. Throughout the hearing process, the board may call witnesses, including those persons identified by the parties, as well as any other persons who may have relevant information. The student complainant and the accused shall be notified in writing of the time and place for the hearing with sufficient time to prepare any presentation they may wish to make. All parties may be represented at the hearing and shall have the opportunity to examine all witnesses.
Step 4: Following the hearing and within 30 college business days of receiving the formal grievance, the Vice President for Student Development will report, in writing to the involved parties, his/her findings, conclusions and any actions taken by the hearing board to resolve the grievance.
The student may appeal the decision of the Administrative Hearing Board to the college President. The steps in the appeal process are as follows:
Step 1: An appeal must be filed within three (3) college business days of receipt of notice of the decision from the hearing board. If the request is not filed within the prescribed time, it shall be deemed that the student accepts the findings of the hearing board.
The written appeal will include a written response to the findings and conclusions of the hearing board and will address the grounds for the appeal. The following are the only grounds for appeal:
- A procedural error or irregularity, which materially affected the decision.
- New evidence of substantive nature not previously available at the time of the hearing that would have materially affected the decision.
- Bias on the part of a member of the hearing board, which materially affected the decision.
Appeals shall be limited to review of the record of the hearing and supporting documents, except as required to explain new evidence that should be considered.
Step 2: The President will render a decision and submit a written report of findings to the hearing board and will notify the student in writing within 10 college business days of receipt of the appeal.
The President may decide:
- To uphold the original decision.
- To remand the case to the hearing board for rehearing and decision. The rehearing shall be conducted within ten (10) college business days of receipt of the decision from the President. The board shall notify the student of its decision within three (3) college business days of closing the hearing.
- To remand the case to an ad hoc hearing board for decision. In the case where an ad-hoc hearing board must be convened, the board shall be comprised of one (1) student, one (1) faculty, one (1) classified staff, one (1) administrator selected by the related representative bodies. The ad-hoc hearing shall be conducted within ten (10) college business days of receipt of the decision from the President. The board shall notify the student of its decision within three (3) college business days of closing the hearing.
Step 3: If the student is dissatisfied with the President's response to his/her appeal, the student may pursue other legal remedies.
For additional information regarding claims of disability discrimination, students are directed to the following:
Seattle Field Office, United States Equal Employment Opportunity Commission, Federal Office Building, 909 First Avenue, Suite 400, Seattle, WA 98104-1061, Phone: 1-800-669-4000, Fax: 206-220-6911, TTY: 1-800-669-6820.