ADA Grievance Procedure
ADA/Section 504 Grievance Procedure
The University of Massachusetts Boston has adopted an internal grievance procedure for prompt and equitable resolution of complaints alleging any action prohibited by federal regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (ADA). Section 504 and ADA state, in part, that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such an entity."
Issues that are grievable include, but are not limited to, a denial of a requested accommodation, the inadequacy of an accommodation, the inaccessibility of a program or activity due to disability, or discrimination or harassment based on disability.
All such grievances/complaints should be addressed to the attention of the ADA Compliance Officer who has been designated to coordinate the University's ADA and Section 504 compliance efforts.
Director of Diversity and ADA Compliance
Office of Diversity and Inclusion
100 Morrissey Boulevard, Quinn 3/093
Boston, MA 02125-3393
Tel: (617) 287-6587
Fax: (617) 265-4833
The ADA/Section 504 Grievance Form is available <HERE>.
Before filing a grievance, the complainant is encouraged to contact the director of the department or office in which the alleged violation occurred. The director should evaluate the situation and attempt an informal resolution.
The following steps explain the grievance procedure:
- A complaint should be filed in writing and signed by the complainant. It shall contain the complainant’s name and contact information. It shall also describe the nature of the complaint, the alleged violation(s), and the desired resolution. Any relevant documents should be submitted with the complaint. A grievance form is available to acquire the necessary information.
- A complaint should be filed within one hundred and eighty (180) days after the complainant becomes aware of the alleged violation. Complaints received later than one hundred and eighty (180) days after the complainant became aware of the alleged violation will be dismissed as untimely.
- Upon receipt of the complaint, an investigation shall be conducted by the ADA Compliance Officer (or another University officer acting at the ADA Compliance Officer's request). These rules contemplate a prompt and informal, but thorough investigation which afford the complainant, the subject of the complaint, other interested persons, and their representatives, if any, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint.
- A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Compliance Officer (or another University office acting at the ADA Compliance Officer's request) and a copy forwarded to the complainant no later than forty five (45) days after receipt of the complaint, unless the ADA Compliance Officer has good cause for an extension of time.
- The ADA Compliance Officer shall maintain the files and records of the University of Massachusetts Boston relating to complaints filed.
- Appeals of the ADA Compliance Officer's decision should be directed to the Chancellor within ten (10) days. Decisions of the Chancellor (or the Chancellor’s designee) are final.
- The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of an ADA/Section 504 complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
- Retaliation against any complainant under this grievance procedure or against any person who assists a complainant in his/her pursuit of a complaint under this grievance procedure is prohibited.