Department Governance
The Americans with Disabilities Act (ADA) Policy for Students and Employees is governed by:
- Human Resources Policy - 40360
- Student Services Policy - 80550
1.0 Purpose
1.1. The Americans with Disabilities Act (ADA), as amended, and Section 504 of the Rehabilitation Act (Section 504) prohibit(s) discrimination against individuals with disabilities. These laws require Germanna Community College to provide reasonable accommodations for qualified students and employees with disabilities. Generally, the term “disability” means that an individual has a mental or physical impairment that substantially limits one or more major life activities. These laws also protect individuals who have a history of disability. This policy is intended to guide the student and employee disability accommodation process once a request for an accommodation has been made.
1.2. 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 and employees with disabilities through the most appropriate accommodations. Services are provided based on each person’s individual needs.
2.0 Policy
2.1. Services are available to students and employees 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 individuals 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 unless the classes are delivered online or in-person with a Germanna instructor.
2.2. Students and employees who feel they have been denied equal access to all programs and services offered by the College may refer to the Grievance Procedure for Persons with Disabilities.
3.0 Procedures
3.1. The Office of Accessibility Resources is located at the Fredericksburg Area Campus, Locust Grove Campus, and the Barbara J. Fried Center in Stafford County.
3.2. Grievance Procedure for Students with Disabilities
3.2.1. Students with disabilities shall have a process for resolving any claim of discrimination based on disability. The individual will need to provide documentation of their disability to file a grievance. If an individual, such as a parent or guardian, is filing a complaint on behalf of a student, they will need to provide proof of disability. If documentation of disability is unavailable, an individual may file a nonacademic complaint with the College.
3.2.2. Any student with a documented disability who has requested a reasonable accommodation through the Office of Accessibility Resources and feels they have been denied access to programs and services offered by the College, may submit a written compliant to the ADA Coordinator within 20 business days of the alleged violation or before the conclusion of the academic term. A complaint must be submitted in writing via email, by postal mail, or hand delivered to the ADA Coordinator for Students.
3.2.3. Every attempt will be made to resolve a complaint informally through consultation with the involved parties, including but not limited to the Coordinator of the Office of Accessibility Resources, Academic Dean, and Director of Equity Advancement. If the ADA Coordinator is unable to resolve the compliant informally, the student must file a formal grievance with the ADA Coordinator.
3.2.3.1. Level 1: The ADA Coordinator for Students will have 10 business days to review the grievance. The ADA Coordinator for Students will investigate the student’s grievance, conduct a thorough review, and issue a decision in writing.
3.2.3.2. Level 2: If the student is not satisfied with the outcome, they may submit a Level 2 grievance to the Dean of Student Development. The Dean of Student Development will have 10 business days to review the grievance and notify the student of their decision in writing.
3.2.3.3. Level 3: If the student is not satisfied with the Level 2 outcome, they may appeal the decision with an ADA Review Panel. The three-person panel is comprised of a faculty and/or staff members who were not previously involved in the complaint process. The Dean of Student Development will appoint the Chair for the ADA Review Panel and prepare and distribute all materials for their review. The Chair will schedule the ADA Review Panel within 10 Business Days and the student will be invited to attend. In the event of scheduling conflicts, the Dean of Student Development may grant an extension to the ADA Review Panel.
3.2.4. The student may bring one non-participatory support person to the ADA Review Panel. If the nonparticipating support person is an attorney, the student or party retaining the attorney must first notify the Chair of the ADA Review Panel at least 10 Business Days prior to the scheduled meeting. The attorney’s role is as an observer; they may not speak to the Chair or the ADA Review Panel. The attorney may consult with the party who engaged them while the meeting is in session. Any consultations must take place outside the meeting room and should be kept within reasonable limits, as determined by the Chair of the ADA Review Panel.
3.2.5. On the day of the ADA Review Panel, the Chair will outline the meeting agenda and facilitate the process, including but not limited to opening statements, witness statements, questioning, and closing statements. After the conclusion of the ADA Review Panel, the panelists will deliberate and render a decision.
3.2.6. The Chair will issue a decision in writing to the student and all parties involved within 5 Business Days after the completion of the ADA Review Panel.
3.2.7. Level 4: If the student is not satisfied with the decision of the ADA Review Panel, a final appeal may be submitted in writing to the Vice President for Student Services and Equity Advancement within 5 Business Days of receipt of the ADA Review Panel decision. The Vice President may schedule a meeting with the student within 10 Business Days following the receipt of the appeal. A decision of the Vice President shall be provided in writing within 5 Business Days of the meeting. The Vice President’s decision will be final, and the matter will be closed.
3.2.8. Appeals processed through this policy cannot be heard under any general grievance procedure.
3.2.9. At any level, either party may request an extension in writing to the Dean of Student Development. The ADA Coordinator for Students shall maintain records of all grievance proceedings.
3.3. Grievance Procedure for Employees with Disabilities:
3.3.1. 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. Employees may seek resolution of discrimination issues through this internal process.
3.3.2. Any employee with a documented disability who has requested a reasonable accommodation through Human Resources and feels they have been denied access to programs and services offered by the College, may submit a written compliant to the ADA Coordinator for Employees within 20 business days of the alleged violation. A complaint must be submitted in writing via email, by postal mail, or hand delivered to the ADA Coordinator for Employees.
3.3.2.1. Level 1: The ADA Coordinator for Employees will have 10 business days to review the grievance. The ADA Coordinator for Employees will investigate the employee’s grievance, conduct a thorough review, and issue a decision in writing.
3.3.2.2. Level 2: If the employee is not satisfied with the outcome, they may submit a Level 2 grievance to the Associate Vice President of Human Resources. The Associate Vice President will have 10 business days to review the grievance and notify the employee of their decision in writing.
3.3.2.3. Level 3: If the employee is not satisfied with the decision of the Associate Vice President, a final appeal may be submitted in writing to the College President within 5 Business Days of receipt of the Associate Vice President’s decision. The President may schedule a meeting with the employee within 10 Business Days following the receipt of the appeal. A decision of the President shall be provided in writing within 5 Business Days of the meeting. The President’s decision will be final, and the matter will be closed.
3.3.3. Appeals processed through this policy cannot be heard under any general grievance procedure.
3.3.4. At any level, either party may request an extension in writing to the College President. The ADA Coordinator for Employees shall maintain records of all grievance proceedings.
3.3.5. Note: The Office for Civil Rights (OCR) in the U.S. Department of Education is a law enforcement agency charged with enforcing federal civil rights laws to ensure that educational institutions receiving federal financial assistance do not engage in discriminatory conduct. For more information, visit the Office of Civil Rights webpage: https://www2.ed.gov/about/offices/list/ocr/index.html
4.0 Definitions
6.0 Point of Contact
6.1. Coordinator of the Office of Accessibility Resources and ADA Coordinator for Students
6.2. Senior Human Resources Generalist and ADA Coordinator for Employees
7.0 Approval and Revision Dates
Cabinet: 05/20/2022
Faculty Senate: 07/22/2022
Leadership Council:
First Reading – Date 06/27/2022
Approval – Date 07/28/22