503, Americans with Disabilities Act Complaint Procedures

503.1 Purpose

To establish a policy on ADA Compliance for the Office of the Commissioner of Higher Education.

503.2 Approval

Board of Higher Education approval: October 15, 2009. Revised: June 8, 2016; September 13, 2017.

503.3 Definitions

3.1 Disability: A physical or mental impairment that substantially limits one or more of the major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

503.4 Policy

4.1 Filing Complaints: A complaint shall be filed no later than 60 days from the date of the alleged act of discrimination. The complaint shall be filed with the Commissioner of Higher Education. Each complaint shall include the individual’s name and address; include the nature and extent of the individual’s disability; describe the alleged discriminatory action in sufficient detail to inform the Commissioner of the nature and date of the alleged violation; describe the action and accommodation desired; and be signed by the individual or by his or her legal representative.

4.2 Investigation of Complaint: The Commissioner shall conduct an investigation of each complaint received. The investigation shall be conducted to the extent necessary to ensure that all relevant facts are determined and documented.

4.3 Issuance of Decision: Within 30 working days after receiving the complaint, the Commissioner shall issue a decision stating what action, if any, shall be taken in response to the complaint.

4.4 Appeal: An individual may appeal the decision of the Commissioner by filing an appeal within five working days of the receipt of the decision. The appeal shall be submitted to the Chair of the Board of Higher Education. The appeal shall describe in sufficient detail why the Commissioner’s decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper. The Chair shall review the factual finding of the investigation and the individual’s statement regarding the inappropriateness of the Commissioner’s decision and arrive at an independent conclusion and recommendation. A final decision shall be issued within ten working days of receiving the appeal.