Policy

Complaint Procedure Regarding Special Accommodations

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Document Number: DISAB--105
Revision #: 2.0
Document Owner: Dean of Students
Date Last Updated: 12/24/2017
Primary Author: Director of Counseling/Disability Services
Status: Approved
Date Originally Created: 11/16/2011
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General Description

Description: Information about complaint procedures regarding special accommodations

Purpose: Delineation of policy

Scope: All faculty, staff, students, and administrators

Responsibility: Counseling/Disability Services
Dean of Students
Legal Counsel
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Requirements
Relevant Knowledge: In order to comply with this policy you should know:
Current University policy
Federal statutes
Local statutes
Standard company policies
Standards of good practice
State statutes
Terms and Definitions: Additional training

Corrective Action

Fine

Loss of privilege, general

OCR visit
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Policy Provisions
1. Complaint Procedure Regarding Special Accommodations

Students who have Special Accommodation needs during exams will have quizzes, tests, and exams proctored by faculty members whenever possible. Faculty members who are unable to meet this need should notify the Director of Counseling/Disability Services as soon as possible during the course of the semester. If a student expresses concern that the faculty member is unable to meet their Special Accommodation needs in a given class and the faculty member and the student cannot resolve the issue, through the interactive process with the Office of Disability Services, the faculty member or the Office of Disability Services should direct the student to complete a Written Notice of Failure of Accommodation to Meet a Need of a Student with a Disability Form (Appendix E) and submit it to the Director of Counseling/Disability Services.

DISAB--105_Written Notice of Failure

A complaint that Special Accommodations for a student are not being met must be made in writing, and must provide the name and address of the person making it and a brief description of the alleged violation of ADA regulations. The complaint should be made using the Written Notice of Failure of Accommodation to Meet a Need.

A complaint should be addressed to the Cumberland University Director of Counseling/Disability Services, Labry Hall 206, One Cumberland Square, Lebanon, Tennessee 37087. A copy of this complaint will be given to the Designated University Coordinator.

A complaint must be filed within ten (10) business days after the complainant becomes aware of the alleged violation.

An investigation will be conducted. The investigation will include, but not necessarily be limited to, interviews with the complainant and with university personnel in charge of the area in which the alleged violation occurred. All involved parties will be provided an opportunity to submit evidence relevant to the complaint. The investigation will be conducted in a manner which protects any due process right of parties concerned and also ensures that Cumberland University complies with the ADA and its implementing regulations.
When the investigation is complete the student will receive written determination concerning the validity of the complaint and a description of the resolution, if any. This statement will be provided to the complainant no later than ten (10) business days following receipt of the complaint and a copy will be given the Designated University Coordinator.

If the individual is dissatisfied with the outcome of the investigation, an appeal may be made through the Designated University Coordinator at the conclusion of the investigation within five (5) business days of the written determination. In the event of an appeal, the Designated University Coordinator will review the complaint, the results of the investigation, the written determination, and consult with the complainant in an attempt to resolve any remaining concerns within five (5) business days of receipt of the appeal. The final appeal rests with the President.

If the nature of the complaint is against the Cumberland University Dean of Students or the Cumberland University Disability Services Office, the complaint should be filed with the Cumberland University Provost, Memorial Hall, One Cumberland Square, Lebanon, Tennessee 37087.


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Performance Evaluation
Performance Metrics: Compliance with federal mandate
Compliance with standard policy and procedure

Consequences: Fine
Further training
Loss of privileges
OCR visit
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Subject Experts
The following may be consulted for additional information.
Dean of Students

Director of Counseling/Disability Services