Lycoming College Policy Regarding Disability Discrimination Section 504 Grievance Procedure
Lycoming College has adopted an internal grievance procedure providing prompt and equitable resolution of student complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulations (45 C.F.R. Part 84), implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified disabled individual…shall solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal finance assistance…" The law and regulation may be examined in the office of Dr. Daniel P. Miller, Dean of Student Affairs. Students seeking information regarding compliance, accommodations, or who believe they have been discriminated against based on their disability should contact Daniel Hartsock, Coordinator of Services for Students with Disabilities, who has been designated to coordinate the efforts to comply with the regulations.
To file a complaint:
- A complaint should be in writing, contain the name and address of the person filing it, and describe the discriminatory act and the remedy or relief being sought.
- A complaint should be filed in the office of the Coordinator of Services for Students with Disabilities within 14 days after the person filing the complaint becomes aware of the alleged discriminatory act. The Coordinator of Services for Students with Disabilities will inform the Dean of Student Affairs of the complaint.
- The Dean of Student Affairs will investigate the complaint. The investigation will be informal but thorough, affording all interested persons and their representatives an opportunity to submit evidence relevant to the complaint.
- The Dean of Student Affairs shall issue a written decision determining the validity of the complaint no later than 45 days after its filing.
- Should the student choose to appeal the Dean of Student Affairs' decision, the appeal should be in writing and submitted to the Provost within 48 hours of the date of receipt of the letter from the Dean of Student Affairs. The appeal letter should demonstrate that
Given such evidence exists and the appeal is considered the Provost will render a final decision.
- There is new evidence and/or
- The decision is prejudicial or unfair
- If the alleged discrimination involves an involuntary/administrative withdrawal from the College, see Lycoming College Procedures for Withdrawal for Mental Health Reasons.
- If the alleged discriminatory act is filed against the Dean of Student Affairs or the Provost, that individual is to be removed from the grievance process. If the complaint is against the Dean of Student Affairs, the complaint should be filed with the Provost; an appeal of the decision of the Provost is to be made to the President. If the complaint is against the Provost, any appeal of the decision of the Dean of Student Affairs is to be made to the President. If an appeal is considered appropriate and is heard (see paragraph (5)) the decision regarding the appeal is to be considered final. All time frames for submission of the complaint, appeal and notices to the complainant shall apply.
- An individual who files a complaint may pursue other remedies. This includes filing with:
U.S. Department of Education
Office for Civil Rights
District of Columbia Office
1100 Pennsylvania Ave., N.W., Rm 316
Washington, D.C. 20044-4620
Additional information may be found at: http://www.hhs.gov/ocr/civilrights/resources/factsheets/504.pdf