Disability Discrimination Complaint Procedure

On this page:

• Disability Discrimination Complaint Procedure
• Informal Procedure
• Formal Procedure
• Alternative Complaint Filing Options
   

Disability Discrimination Complaint Procedure

It is the policy of Wright State University (WSU) to comply with Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008, and other applicable federal and state regulations that prohibit discrimination on the basis of disability. The Rehabilitation Act and the ADA require that no qualified person shall, solely by reason of disability, be denied access to, participation in, or the benefits of, any program or activity operated by the University. WSU has adopted an internal complaint procedure providing for prompt and equitable resolution of concerns alleging any action prohibited by Section 504 and/or the ADA on the basis of disability in any program or activity receiving federal financial assistance. The law and regulations may be examined in the Office of Equity and Inclusion, (937) 775-3207, which has been designated to coordinate the efforts of WSU to comply with Section 504 and the ADA.
 

Informal Procedure

Any person who believes he or she has been subjected to discrimination on the basis of a disability, including any person who has requested an accommodation but whose request is not granted, may file a complaint informally by communicating (orally or in writing) their concerns to the Section 504/ADA Coordinator within one hundred and eighty (180) days of the incident. The Section 504/ADA Coordinator is:

Tom Webb
​Wright State University
University Hall 180
3640 Colonel Glenn Hwy, Dayton, OH 45435-0001
(937) 775-5680
ada@wright.edu

Upon receipt of the informal complaint, the Section 504/ADA Coordinator should attempt immediately to discover whether the allegations are true and in the case of valid complaints, should seek resolution by discussion, counseling, mediation or agreement of the parties or by administrative action. The nature of the complaint and any information obtained should be treated with the utmost confidentiality and with sensitivity to the issues involved.

The effort to resolve the complaint informally should be completed no less than thirty (30) days from the date the original complaint was received. The participation of the complainant in an informal effort to resolve a complaint is voluntary and the informal process will be adjusted immediately if the complainant wishes to bypass the informal process. To initiate the formal complaint process, the complainant must notify the Section 504/ADA Coordinator that he/she would like to file a formal complaint in accordance with the formal procedure detailed below. The complainant can elect to pursue the formal procedure at any time, including after the informal procedure has already been initiated.

At the end of the efforts to resolve the complaint informally, the Section 504/ADA Coordinator should record the complaint in a written statement identifying all parties, the complaint and the outcome of the informal review. Copies of the report should be provided to the Vice President of Academic Affairs (if complainant is a student with an academic issue), Vice President of Student Affairs (if complainant is a student with a non-academic issue), or division leader of the division where the employee is based.

At no time during the informal process would a person bringing forth a complaint have to meet or address the accused person(s) directly. While a person(s) accused shall have the right to respond to any allegation(s), this opportunity would not be available in any situation that would cause undue harm to any other party involved in the process (e.g., a personal confrontation that would have the impact of harassment, intimidation, etc.).
 

Formal Procedure

Any person who believes he or she has been subjected to discrimination on the basis of a disability, including any person who has requested an accommodation but whose request is not granted, may file a complaint formally by communicating (orally or in writing) their concerns to the Section 504/ADA Coordinator within one hundred and eighty (180) days of the incident. The Section 504/ADA Coordinator is:

Tom Webb
Wright State University
University Hall 180
3640 Colonel Glenn Hwy, Dayton, OH 45435-0001
(937) 775-5680
ada@wright.edu

The formal complaint should include the name and address of the person filing it and briefly describe the alleged violation of the regulation.

Upon receiving a formal complaint, the Section 504/ADA Coordinator will conduct an investigation with respect to all timely filed complaints which raise issues under Section 504 or the ADA. This complaint procedure contemplates informal but thorough and impartial investigations, affording all interested persons and their representatives, if any, an opportunity to submit information including documentation and the identification of witnesses relevant to a complaint. Any and all information received will be reviewed and all relevant witnesses will be interviewed to reveal the facts of the situation and determine how best to resolve the complaint.

A person(s) accused shall have the right to present information and testimony in an effort to defend actions s/he has taken related to the complaint. This opportunity will be available by alternate means in situations where providing this input otherwise would cause undue harm to another party involved in the process (e.g., a personal confrontation that would have the impact of harassment, intimidation, etc.; would be altered by use of technology, use of a 3rd party to provide the information, etc.).

The person filing the complaint is not expected to prosecute the alleged discrimination claim, but rather the Section 504/ADA Coordinator will conduct an investigation under the guidelines prescribed in this procedure.

The Section 504/ADA Coordinator will issue a written decision on the complaint no later than thirty (30) days after its filing. A copy of the written decision will be provided to both the complainant (and alleged victim if different from the complainant) and the person(s) accused.

If extenuating circumstances dictate an extension of time, the Section 504/ADA Coordinator or designee will notify the complainant and person(s) accused in writing of the delay and an estimate of the time frame for completion of the investigation.

Upon completion of the investigation, the University will provide a prompt, equitable resolution(s) including taking steps to prevent the recurrence of any discrimination that it finds has occurred, and to correct the effects of such discrimination on the complainant and others, if appropriate.

Appeals: The complainant and/or the person(s) accused may appeal the written decision of the Section 504/ADA Coordinator by writing to the Chief Diversity Officer within fifteen (15) days of receiving the Section 504/ADA Coordinator’s decision. The Chief Diversity Officer shall issue a written decision in response to the appeal no later than thirty (30) days after its filing.

Retaliation Prohibited: It is a violation of WSU policy and federal regulations to retaliate against anyone who files a complaint or cooperates in the investigation of a complaint. Discrimination against any individual because he or she reported Section 504 and/or ADA violations, or made a complaint, testified, assisted, or participated in any investigation or proceeding, is prohibited.

Coercion or intimidation of, threats toward, or interference with anyone because he or she exercised or enjoyed Section 504 and/or ADA rights, or helped or encouraged someone else to do so, is also prohibited.

Wright State University will make appropriate arrangements to ensure that people with disabilities are provided other accommodations, if needed, to participate in this complaint process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing recordings of material for the blind, or assuring a barrier-free location for the proceedings. The Section 504/ADA Coordinator will be responsible for such arrangements.
 

Alternative Complaint Filing Options

Any person who believes he or she has been subjected to discrimination on the basis of a disability, and either the allegations of discrimination involve the Section 504/ADA Coordinator, or the person does not wish to file a complaint or appeal of a denial of an accommodation request with the Section 504/ADA Coordinator, may file a complaint in the same manner outlined in the Informal Procedure and Formal Procedure, by communicating (orally or in writing) their concerns to the Director of Equity and Inclusion within (30) days of the incident. The Director of Equity and Inclusion is:

A person may also choose to pursue the resolution to complaints with various agencies outside of Wright State University including, but not limited to:

The United States Department of Education Office for Civil Rights (OCR), the United States Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC).  Please note that these agencies may have time limits for filing complaints.