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ADA/504 Grievance Procedure

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INTRODUCTION

Discrimination on the basis of an individual’s disability is prohibited by the Americans with Disabilities Act (“ADA”),  Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (“Section 504 and the EVMS Non-Discrimination and Anti-Harassment Policy (the “Non-Discrimination Policy”).   EVMS has established an internal disability grievance procedure (the “Grievance Procedure”) providing for prompt and equitable resolution of complaints of disability discrimination.  Grievable issues include, but are not limited to, the inaccessibility of a program or activity due to disability, discrimination or harassment based on a disability, or denial of a requested accommodation.   

Josephine Wiley, Associate Vice President of Compliance (the “ADA/504 Coordinator”), has been designated to coordinate the efforts of EVMS to comply with the ADA and Section 504.  Questions about this Grievance Procedure or general complaints that a program, service, or activity of  EVMS  is not accessible to persons with disabilities should be directed to the ADA/504 Coordinator at ADA/504@evms.edu.

DEFINITIONS

Complainant – the person filing the Grievance and alleging that they have been excluded from participation in, or denied the benefits of, the services, programs, or activities of EVMS due to their disability.

Grievance – the formal, written notice requesting EVMS to take action because the Complainant either has a disability, has a record of a disability, or is considered to have a disability and the Complainant was excluded from participation in, denied the benefits of, the services, programs, or activities of EVMS , discriminated against or harassed because of a disability or denied an accommodation for their  disability where such accommodation was reasonable and would permit the individual to participate in EVMS’ services, programs or activities.

Respondent  – the individual who the Complainant has alleged engaged in the behavior outlined in the Grievance. 

APPLICABILITY

Grievable issues include, but are not limited to, unlawful discrimination in enrollment and employment decisions, the inaccessibility of a program or activity due to disability, discrimination or harassment based on a disability, if accommodations have not been adequately met, or if approved accommodations are not being provided appropriately.  Any grievances centered around employment discrimination should be submitted pursuant to the Employee Grievance Policy.

Please note that this Grievance Procedure is not the appropriate mechanism to request a reasonable accommodation.  If you are an individual with a disability who would like to request aids and services, or modifications to policies and programs, to ensure that you have an equal opportunity to enjoy all of EVMS’ programs, services, and activities, you must contact:

INFORMAL RESOLUTION

Prior to the filing of a written grievance, the Complainant is encouraged to discuss their concerns with the Respondent in an effort to seek an informal resolution.  In addition, employees can request conflict resolution by contacting the EVMS Ombudsperson, 757.446.0341, hollandr@evms.edu.

Informal resolution is not mandatory, and when a matter cannot be resolved informally, or if there is a preference not to pursue informal resolution and file a Grievance, an individual may do so by following the Grievance Procedures as outlined in Section V below.

GRIEVANCE PROCEDURE 

    1. Filing a Grievance.  To use the Grievance Process, all Grievances should be filed within thirty (30) days after the Complainant becomes aware of the alleged violation by following the procedure outlined below:      
      1. If you are an enrolled student, please use this electronic form: Student Disability Complaint Form
      2. If you are a current employee, please use this electronic form: Employee Grievance Form (you must login with your EVMS credentials to access the form).
      3. Anyone may contact the ADA/504 Coordinator at ADA504@evms.edu.
      4. Anyone may use the EVMS Ethics and Compliance Hotline, but the Complaint must be identified and provide contact information. Note that the Ethics and Compliance Hotline permits individuals to make a fully anonymous report, but such complaints can hamper EVMS’ ability to investigate and remedy issues.  If an anonymous report is made, it will be considered a compliance report and not a Grievance under this Grievance Procedure.  The reporter will be notified accordingly via the hotline, and, unless the reporter provides contact information, the matter will be reviewed as a potential compliance violation.    
    2. Investigation.
      1. An initial assessment of the Grievance will be conducted within five (5) business days of receipt of the Grievance to determine if the matter is grievable under this procedure and, if so, if an investigation is warranted or if the grievance can be handled with the information provided in the grievance. In some instances, matters not related to disability discrimination may be referred for action by other areas under applicable EVMS policies (e.g., Code of Conduct, HR Disciplinary action, etc.). 
      2. If warranted, an investigation that affords the Complainant, the Respondent, and other interested persons, if any, an opportunity to submit documents and information relevant to the consideration of and resolution of the Grievance shall be conducted. Grievances will generally be assigned for investigation as follows:    
        1. For matters where an enrolled EVMS student is the Complainant and where the Respondent is another Student or where the Grievance relates to a faculty member who has failed to implement an academic accommodation issued by the Student Disability Office, the Student Disability Officer shall, as designee of the ADA/504 Coordinator, conduct the investigation.  If the Student Disability Officer is central to the Grievance, the investigation shall be conducted in accordance with the Student Affairs Non-Academic Complaint and Grievance Policy.     
        2. Employment-related discrimination is subject to Human Resources policies. In matters where an employee is the Complainant, or where the Respondent is an employee (except as outlined in #1 above), Human Resources will conduct the investigation in accordance with the EVMS Human Resources Grievance Policy.   
        3. Grievances by all other individuals, shall be conducted by the ADA/504 Coordinator, or their designee.
        4. Patient care is not conducted by EVMS and all grievances related to patient care will be forwarded to EVMS Medical Group for resolution in accordance with their policies and procedures.
      3. Unless set forth in an existing policy or procedure (e.g., a Human Resources of Student Affairs procedure), the exact scope, timing, and procedures of the investigation shall be set by the investigator in consultation with the ADA/504 Coordinator.  
    3. Notice of Finding
      1. Finding of "No Violation".  If there was no evidence, or insufficient evidence, to determine that discrimination on the basis of a disability has more likely than not occurred, the Complainant and Respondent shall be notified of such outcome in writing. NOTE:  A determination of no violation as it relates to discrimination does not prohibit the ADA/504 Coordinator from referring the matter, or issues discovered in the course of the investigation, to the appropriate administrative area to be addressed (i.e., violation of the Code of Conduct or Professionalism Policy, etc.). In such event, the parties shall be notified of such determination in accordance with the applicable area.  
      2. Finding of "Violation".  If it is more likely than not that discrimination on the basis of a disability has occurred, Complainant and Respondent shall be notified of such outcome in writing and a copy shall be provided to the ADA/504 Coordinator.    Remedies provided to the Complainant shall be determined by the ADA/504 Coordinator, or designee, on a case-by-case basis.  If disciplinary action is warranted, the findings notice shall also be provided to the following individuals to determine appropriate disciplinary action:
        1. The Associate Vice President of Human Resources if the Respondent is an employee (including faculty and residents).
        2. Assistant Dean of Student Affairs if the Respondent is a student.
    4. Request for Reconsideration. The Complainant and/or the Respondent may request reconsideration of a finding as follows: 
      1. Requests for reconsideration must be in writing, must outline the reason why the decision should be changed, and must be made within seven (7) days of the receipt of the notice of finding to the following individuals: 
        1. If the notice of finding was issued by the Student Disability Officer the request shall be made to the ADA/504 Coordinator.
        2. If the notice of finding was issued by Human Resources, the request shall be considered as an appeal under the EVMS Human Resources Grievance Policy.  
        3. If the notice of finding was issued by the ADA/504 Coordinator, the request shall be made to the Vice President and General Counsel, who shall appoint a designee to hear a request for reconsideration.  The Vice President and General Counsel has thirty (30) days to respond to the request for reconsideration. Decisions of the Vice President and General Counsel are final.
    5. Grievance Withdrawal.  The Complainant may withdraw a Grievance at any time. EVMS may, however, still have a duty to investigate the matters to the extent possible without the Complainant’s cooperation and based on the facts known at the time of the withdrawal, and take appropriate action. 

CONFIDENTIALITY AND ANTI-RETALIATION

    1. Confidentiality. All Grievances will be handled in such a manner as to always strive to protect the privacy of all parties involved and information will only be shared with individuals who have a need to know. Please note, that making a disability Grievance is not a confidential process and confidentiality/anonymity cannot be guaranteed.   
    2. Anti-Retaliation. Individuals who file a Grievance or who participate in a Grievance investigation (including witnesses) are protected from retaliation in accordance with
      the EVMS Compliance Reporting Anti-Retaliation Policy. Reports or concerns about retaliation should be reported to the EVMS Compliance Office at 446-6008 or by using the EVMS Ethics and Compliance Hotline.

 

EXTERNAL AGENCIES

Anyone may choose to file a Grievance of disability discrimination directly with the US Department of Education Office of Civil Rights (OCR) instead of, or in addition to utilizing this Grievance Process,  by using their online complaint form at https://ocrcas.ed.gov/, by email at OCR@ed.gov, by fax 202-453-6012 or by mail at:

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100