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APPENDIX
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Sample
Section 504/Title II Grievance Procedure |
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(recipient) has adopted an internal grievance procedure providing for
the prompt and equitable resolution of complaints alleging any action
prohibited by Section 504 of the Rehabilitation Act of 1973 (Section
504) or Title II of the Americans with Disabilities Act
(Title II). Both Section 504 and Title II prohibit discrimination on
the basis of disability.
Complaints should be addressed to: (name, title, address, telephone
number) who has been designated to coordinate Section 504/Title II
compliance efforts.
- A complaint must be filed in writing, contain the name and address
of the person filing it, briefly describe the alleged discriminatory
action, and identify the date the action occurred and the name(s) of
the person(s) responsible.
- A complaint must be filed within (number of days) after the
complainant becomes aware of the alleged discrimination. (Processing
of allegations of discrimination which occurred before this
grievance procedure was in place will be considered on a
case-by-case basis.)
- Unless the matter can be promptly resolved informally, an
investigation will be conducted with respect to all timely filed
complaints which raise issues under Section 504 and/or Title II. The
investigation shall be conducted by (name of person). These rules
contemplate informal but thorough and impartial investigations,
affording all interested persons and their representatives, if any,
an opportunity to submit evidence relevant to a complaint.
- A written determination as to the validity of the complaint and a
description of the resolution, if any, shall be issued by (name of
person) and a copy forwarded to the complainant no later than
(number of days) after its filing.
- The Section 504/Title II coordinator shall maintain the files and
records of the (recipient) relating to the complaints filed.
- The complainant can request a reconsideration of the case in
instances where he or she is dissatisfied with the resolution. The
request for reconsideration should be made within (number of days)
to (person responsible for handling appeals).
- The right of a person to a prompt and equitable resolution of the
complaint filed thereunder shall not be impaired by the person's
pursuit of other remedies such as the filing of a Section 504 or
Title II complaint with the responsible federal department or
agency. Utilization of this grievance procedure is not a
prerequisite to the pursuit of other remedies.
- These rules shall be construed to protect the substantive rights
of interested persons, to meet appropriate due process standards,
and to assure that (name of recipient) complies with Section 504,
Title II, and their implementing regulations.
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