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ADA Grievance Policy

 

ADA/SECTION 504 INTERNAL GRIEVANCE PROCEDURE

Eastern Washington University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified handicapped individual . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance . . ." Title II of the ADA extends prohibition of discrimination in federally assisted programs established by Section 504 of the 1973 Rehabilitation Act to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability from Titles I, III, and V of the Americans with Disabilities Act. All persons who have self-identified with a documented disability are covered by this procedure.

Anti-Discrimination Policy

Eastern Washington University does not discriminate on the basis of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or status as a disabled veteran or Vietnam era veteran. Any discriminatory action can be a cause for disciplinary action. This policy applies to all EWU programs and facilities, including, but not limited to, student services, educational programs and employment. Such discrimination (as applicable) is prohibited by Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, Age Discrimination in Employment Act Amendments of 1978, Vietnam Era Veteran's Readjustment Assistance Act of 1974, the Americans with Disabilities Act (ADA), the Civil Rights Act of The Student Conduct Code WAC 172-120-040, Washington Sate Laws on Discrimination WAC 504-25-020, RCW 49.60, other state statutes and EWU policy. All compliance efforts with respect to these laws and regulations are under the direction of the Affirmative Action Coordinator. (New as 590-080-020 7/92, UGS-91-057; renumbered 1/18/94)

Unlawful discrimination is defined as;

To discharge, harass, threaten or bar any person from employment, refuse to hire any person or discriminate against in compensation because of age, sex, marital status, race, creed, color, national origin, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person, unless based upon a bona fide occupational qualification: PROVIDED, that the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved.

Filing a Complaint

The formal and Informal complaint procedures are accessible to all EWU faculty, students, staff guests and visitors. For guidance, go to Policy 600-090-040 Complaint Investigation Procedures. 1. Any complaint(s) pursuant to this policy shall be made in good faith and must be so filed within six (6) months of the alleged act of discrimination. (RCW 49.60.230 (2)). 2. Employees or students who have cause to believe they are being subjected to unlawful discrimination are encouraged to seek confidential advice and assistance as soon as possible. 3. When an informal or formal complaint is filed the complainant and alleged offender will fully cooperate with management and or the investigator to help ensure a thorough and timely complaint process and resolution. 4. An aggrieved party may file a formal complaint by: a. Completion of official complaint form and filed with the AAC. The official complaint form can be found on the Equal Opportunity website under "Discrimination Complaint form".

Informal Complaint Procedure

1. Ideally, persons who believe they have been subject to unlawful discrimination should communicate their concern(s) to the alleged offender as soon as possible. In lieu of a formal complaint, the following methods for an informal resolution are not sequential in nature. Every method suggested below is available at any time to all faculty, staff, and students: a. Directly address the matter with the alleged offender. b. Ask your supervisor or a co-worker to intervene on your behalf. c. Engage in an informal meeting with alleged offender and supervisor or manager responsible for the conduct of the alleged offender. d. Request Mediation with the alleged offender. Mediation will be performed by the EEO/AA or other qualified mediator. e. Report matter to the AAC for assistance. Use of the University informal process does not restrict the complainant from the external or formal complaint process. If the informal process is unsuccessful or no longer an option, the external and or formal process is continually available to resolve complaint. The only means of appeal for the informal process is to file a formal complaint.

Formal Complaint Procedure

If the informal complaint process is not acceptable to the complainant, or is unsuccessful, he or she may file a formal University or External Complaint for investigation. 1. University (Internal) Complaint. Filed with the University's Affirmative Action Coordinator for investigation. For additional guidance and information on the formal complaint process, refer to EWU Policy 600-090-040 Complaint Investigation Procedures. 2. External Complaint. Filed with an agency listed in Table 1-3. a. When complaints are filed simultaneously another investigative agency, the AAC investigation will be suspended until findings are provided by the other agency or until such time as the complaint is referred to the University for investigation. b. For additional guidance and information on the formal complaint process, refer to EWU Policy 600-090-040 Complaint Investigation Procedures.

University Complaint Points of Contact for Students in the following offices are available to receive and or refer formal complaints, mitigate informal complaints and give advice. Investigations will be performed by the Affirmative Action Coordinator.

Affirmative Action Coordinator Showalter 318 (509) 359-6874

Human Resources, Rights and Risk Showalter 314 (509) 359-2381

Dean of Students Office Pence Union Bldg. 320 (509) 359-2292

President's Office Showalter 214 (509) 359 -2371

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