University-wide Grievance and Appeal Procedure Related to Section 504 and A.D.A.
It is the policy of Franklin Pierce University to comply with Section 504 Regulations of The Rehabilitation Act of 1973, The Americans with Disabilities Act of 1990, and other applicable state regulations. Accordingly, any member of the University community who believes that there has been a violation of the regulations is encouraged to discuss the matter with the Section 504/A.D.A. Compliance Officer, or other persons identified by the Compliance Officer, in order to resolve the matter in a prompt and equitable manner.
If such discussions do not resolve the matter, the individual may then initiate a grievance by taking the steps outlined below:
- It is the intention of this policy to address and remedy complaints at the lowest administrative level possible. However, as this policy outlines, grievances can be pursued up to a Presidential committee. As such, community members who feel as though they have been discriminated against on the basis of disability should consider that their grievance is being made to the President of the University.
- In the case of a grievance, the individual should discuss their objection with the
person responsible
for the office or department where the objection was originally raised. The 504/A.D.A. Compliance Officer can be of assistance in referring the individual to the appropriate person and office. The address and telephone number for the Section 504/A.D.A. Compliance Officer is listed below, under step 4. - If not satisfied, the individual should discuss the objection with the Senior staff member under whose jurisdiction the department falls. The Section 504/A.D.A. Compliance Officer can help the individual in identifying who the Senior staff member is.
- If the grievance is not satisfactorily resolved, the individual should write a letter appealing the grievance, requesting a formal hearing with the President’s Advisory Committee on the Needs of Persons with Disabilities. The request must be filed with the Section 504/A.D.A. Compliance Officer in the Student Affairs Office, New Hampshire Hall (Telephone: (603) 899-4162).
- Upon receipt of the written request for a formal hearing, the Ad Hoc Committee of the President’s Advisory Committee will hold a hearing within three (3) calendar weeks. The chair of the Committee will hear the grievance with two other members of the full Committee. The two other members shall be selected by the chair. The Senior staff member under whose jurisdiction the matter falls will be invited to the hearing.
The Ad Hoc Committee must allow a full and fair opportunity for the presentation of
evidence relevant to the reason(s) for the hearing request, by any party, as deemed
appropriate by the Ad Hoc Committee. The Ad Hoc Committee must render a decision in
writing to the grieving individual, as well as personnel affected by the decision,
within one week of the conclusion of the hearing.