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Accommodation Grievance Procedure

Informal Complaint Procedure

Endicott College reviews all requests for appropriate and reasonable academic accommodations to students with disabilities. Decisions concerning requests for accommodations follow federal requirements and are based upon the following analysis:

  • Does the student have a documented disability?
  • Is the student "otherwise qualified?" (can s/he meet the academic requirements of the College with or without an accommodation)
  • Is the request reasonable? (The following requirements must ALL be satisfied for the request to be considered reasonable):
    • The accommodation does not fundamentally alter the nature of the College’s academic objectives or technical standards.
    • The accommodation does not present an undue financial or administrative burden on the College.
    • The accommodation does not pose a threat to the safety of others or the public.

At times, the College may deny a requested accommodation based on a lack of supportive documentation, the impact of undue hardship, the risk to the health and safety of our community members, or concerns that the requested accommodation would fundamentally alter the nature of the College’s academic objectives and technical standards. In these instances, and if a student disagrees with the decision made by The Center for Accessibility Services, they can have the decision reviewed by the College’s designated ADA/Section 504 Coordinator by submitting an ADA APPEALS FORM.

Formal Grievance Procedure

Non-Discrimination and Harassment Policy Statement

Endicott has established an internal grievance process for the prompt and equitable resolution of complaints of discrimination prohibited by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, the ADA of 1990, and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).

Additionally, unlawful harassment on the basis of a protected characteristic (i.e. a real or perceived physical or mental disability) is defined as “intimidation or abusive behavior toward a student based on the student’s protected characteristic, which creates a hostile environment by interfering with, limiting or denying a student’s participation in or receipt of benefits, services, or opportunities in our educational programs.” Harassing conduct can take many forms, including verbal acts and name calling, as well as nonverbal behavior such as graphic and written symbols, or conduct that is physically threatening, harmful, or humiliating. When harassing behavior is sufficiently severe, persistent, or pervasive that it creates a hostile or abusive educational environment, it can violate a student’s rights under Section 504, the Americans With Disabilities Amendments Act (ADAAA), DOJ, 2008.

The following procedures will be used for all grievances or complaints of this nature:

  • A complaint must be filed within sixty (60) calendar days of the alleged violation, claim of discrimination, or harassment.
  • All complaints may be filed in writing or verbally to Endicott’s Provost located in Halle Library, 1st Floor. The complaint should state the name and address of the person(s) filing the complaint, and briefly describe the alleged violation. If the complaint is filed verbally, a written document will be created by the Provost to document the grievance. The Provost will then determine whether a formal investigation is warranted.
  • In those cases where the Provost believes a formal investigation is appropriate, they will assign a designee to investigate the alleged discriminatory conduct at issue with typical investigations concluding within sixty (60) business days. These procedures anticipate a thorough investigation, affording all interested persons and their representatives—including the person initiating the complaint (“the complainant”) and any person against whom the complaint is filed (“the respondent”) an opportunity to submit evidence (including documents and witnesses) relevant to the complaint. The Provost’s designee will complete and summarize their findings in writing to the Provost within thirty (30) days of the start of the investigation. *Any complaint which is withdrawn, or which is otherwise resolved, prior to conducting or concluding an investigation will not be subject to a formal investigation.
  • A written determination as to the investigative findings and a description of the resolution will be issued by either the Provost or their designee to the complainant and the respondent (if applicable) or others as deemed warranted by the Provost no later than ten (10) business days after its issuance.
  • Upon completion of the investigation, either the complainant(s) or the respondent (if applicable) may appeal the written determination to the President of Endicott within ten (10) business days of the receipt of the determination. The appeal must contain a statement as to the reasons the appealing party disagrees with the determination, as well as any changes the appealing party requests, and must be submitted in writing to the President’s Office located in College Hall. If no appeal is received within ten (10) business days, the case will be officially closed, and a copy of the closure letter will be sent to the complainant(s).
  • The President will consider the appeal and respond to both the complainant(s) and the respondent with their determination, generally within fifteen (15) business days of the date the appeal is filed. The President’s findings will be considered final and binding.