Accommodations for Students with Learning Disabilities - Employee and Student Rights Policy - 10570

Germanna Community College is committed to the full and total inclusion of all individuals and is dedicated to the principle of individual empowerment. To this end, services are provided to ensure equal access to all aspects of the college experience for students with disabilities through the most appropriate accommodations. Services are provided based on each student’s individual needs.

Services are available to students who self-identify and provide appropriate documentation of their disability. Through accommodations and other support services on campus, Germanna Community College strives to provide a quality experience for all qualified students with disabilities. All appropriate services are provided at no charge. Services for Dual Enrollment students taking classes at a high school will be provided by their high school.

Students who feel they have been denied equal access to all programs and services offered by the College may refer to the Grievance Procedure for Students with Disabilities.

Disability Services is located within the Counseling Center at the Fredericksburg Area Campus and the Locust Grove Campus.

3.1 Grievance procedure for students with disabilities - A student with a documented disability shall have an internal means of resolving any claim of discrimination on the basis of disability in the programs or activities of the College.

Any student with a documented disability who has requested a reasonable accommodation through Disability Services and feels he/she has been denied access to programs and services offered by the College may submit a written statement to the ADA Compliance Coordinator within 20 business days of the alleged violation. The ADA Compliance Coordinator is located in the Counseling Center at the Fredericksburg Area Campus.

3.1.1 Level One of the Grievance - the ADA Compliance Coordinator may choose to resolve the complaint informally by consulting with the appropriate instructor, Dean of Student Development, Coordinator of Disability Services, relevant Academic Dean, and/or Vice President for Academic and Student Services. If the ADA Compliance Coordinator is unable to resolve the grievance at level one, the student may submit a written statement of his/her grievance to the Dean of Student Development. The student may choose to have their grievance heard by the Dean of Student Development or he/she may elect to have a hearing with an ADA Grievance Review Panel.

3.1.2 Level Two of the Grievance - the student chooses to have his/her grievance heard by the Dean of Student Development, the Dean of Student Development will have 10 business days to review the grievance and notify the student of his/her decision in writing. If the student elects to have the grievance heard by an ADA Grievance Review Panel, the Dean of Student Development will convene a Panel comprised of one Dean (not involved with the level 1 grievance), one faculty member, and one staff member. The Chair of the Panel is responsible for distributing the documentation provided by the grieving party, determining the issues of the case to be heard, and conducting the hearing in an orderly, efficient, and equitable manner.

3.1.2.1 At the beginning of the hearing, the Chair will review issues of the case with the group and establish the procedure by which the testimony will be presented. The Chair may decide on the length of time needed to explore an issue, set time limits for speakers, and ask for testimony by any person deemed important to the investigation of the facts.

3.1.2.2 The student may bring one non-participatory observer to the hearing. If the nonparticipating observer is an attorney, the party retaining the attorney must notify the Chair of the ADA Grievance Review Panel at least five business days prior to the hearing. The attorney’s role is as an observer; he/she may not speak to the Chair or the Panel. The attorney may consult with the party who engaged him/her while the meeting is in session, but any consultations must take place outside the hearing room and should be kept within reasonable limits, as determined by the Chair of the Panel, with regard to their frequency and duration.

3.1.2.3 The Chair of the ADA Grievance Review Panel will provide a written decision of the panel to the student, and parties involved in the grievance within five business days after the completion of the hearing.

3.1.2.4 Decisions of the Dean of Student Development or the ADA Grievance Panel are final and any further appeal must be pursued through external channels.

3.1.2.5 Appeals processed through this policy cannot be heard under any general grievance procedure.

3.1.2.6 At any level, both parties may request an extension of time in writing. Both parties must agree to the extension. The ADA Compliance Coordinator shall maintain records of all grievance proceedings.

3.2 Grievance procedure for employees with disabilities - Discrimination on the basis of disability is a violation of the Americans with Disability Act of 1991 and the ADA Amendments Act of 2008 as well as the State’s Standards of Conduct as set forth by the Department of Human Resources Policy Manual, and is specifically addressed in Policy 2.05. Employees may seek resolution of discrimination issues through the State’s Employees’ Discrimination Complaint Procedures (administered by the Department of Human Resource Management’s Office of Equal Employment Services), utilize the Grievance Procedure for State Employees (if eligible to do so), or file a complaint with the U.S. Equal Employment Opportunity Commission.

Employees may also seek resolution of discrimination issues through the aforementioned internal process.

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.

Coordinator of Disability Services

College Council: 11/21/14

President’s Council: 12/15/14

College Board: First Reading – 11/20/14; Approved – 01/15/15