VCU has developed a step-based grievance process to address accommodation concerns received from its employees. The ADA/504 Coordinator is available to review these processes and for assistance in the grievance process.

Step 1 - Initial Concern

Employees who are currently under an active Accommodation Agreement and who believe their Accommodation Agreement has not been implemented appropriately in their work environment are encouraged to enter discussions directly with their supervisor or manager and include their unit’s Human Resources Professional (HRP) when at all possible to resolve the concern. Should the employee not feel comfortable with this action, the employee may move to Step 2- Informal Solution as detailed below.

 NOTE: In instances in which a change of condition has occurred that may warrant a review of current accommodations, the employee is encouraged to contact the ADA Specialist directly to revisit their Accommodation Agreement.

Step 2 - Informal Solution

To facilitate timely resolution of employee accommodation or access concerns, the employee or supervisor/manager should request assistance from the ADA Specialist. The employee may identify a support person to accompany them in this process. Intervention of this type may take the form of consultation with the employee and manager, including the HRP or Human Resources, if appropriate. This process may involve a review of essential functions of the position or a work site analysis. The Accommodation Agreement may be affirmed or revised. An Informal Solution may adequately address the alleged denial or refusal to accommodate and result in equitable access for the employee. In most instances, concerns can be resolved at this step. The ADA Specialist will attempt to resolve the concern within ten (10) business days but has the discretion to extend this deadline to resolve the concern as soon as reasonably feasible. The ADA Coordinator will notify the employee and involved parties via email of the outcome, including any relevant finding, rationale, and resolution.

Should the employee’s concern regarding the implementation of accommodations or access not be resolved, the employee may move to Step 3, below.

Should the employee believe that factors in the alleged failure to accommodate are discriminatory, the employee may choose to proceed directly to Section 7C and file a complaint under the process defined in the Preventing and Responding to Discrimination policy. 

Step 3 - Formal Complaint

In cases in which the employee’s concerns are not resolved in Steps 1 or 2, the employee may submit a Formal Complaint. The written complaint should be sent to ADAservices@vcu.edu and must, at minimum provide:

• A detailed account of the concern;
• The steps taken to date to address the concern; and
• The remedy sought.

The complaint should also include any supporting documentation, such as:

• The Accommodation Agreement;
• Communications between individuals involved; and,
• Other information directly related to the incident of refusal or denial.

The ADA/504 Coordinator, or their designee, will:

1. Review the submitted material within ten (10) business days or as soon as is reasonably practical thereafter.
2. Provide written notice to the individual(s) who are the subject of the complaint.
3. Contact the employee if necessary to clarify and resolve the complaint.
4. Consult with the manager or manager’s supervisor, the HRP and Human Resources, Employee Relations, as necessary.
5. Notify the employee and the individuals who are the subject of the complaint of the finding, including a summary, expected resolutions, and specific steps to implement remedies (if any), including appropriate time frames. The Accommodation Agreement may be revised. This notice of resolution will be sent through the university’s official email system within fifteen (15) business days of receipt of the complaint, or as soon as reasonably practical thereafter.
6. Update the employee about any unexpected delays (for example, a scheduled university break or where a party may be unavailable).
7. Forward information for review to the School, College or unit manager, Human Resources or the Provost’s Office for further consideration or actions if necessary.

 It is the expectation of the university that all individuals who are alleged to have failed to accommodate an employee’s disability be available to participate in the review process in a timely manner and will implement and support the university’s recommendations to prevent and remedy any denial of reasonable accommodations.

If a report to the ADA/504 Coordinator contains an allegation of discrimination based on disability (unrelated to access or accommodation), the ADA/504 Coordinator will refer it to Equal Opportunity and Title VI Office under Section 7C of this policy and in accordance with the Preventing and Responding to Discrimination policy.

Should the concern not be resolved by Step 3, the employee may choose to file a formal complaint by proceeding to Section 7C of this policy. 

NOTE : If the concern involves or names the ADA/504 Coordinator specifically in any allegation, the employee may skip Step 3 and address their concern directly under Section 7C of the policy and may follow the process of submitting a compliant of discrimination defined under the Preventing and Responding to Discrimination policy.

If the student’s initial accommodation request is rejected, the student should enter into discussions with the Director of the respective office, SAEO or DAS, through an informal appeal to determine if additional information would support a change in decision. This often remedies the cause of the rejection and supports movement toward accommodations.  The informal appeal must include a written statement of the reason for contesting the accommodation decision and must be submitted within five (5) business days of the decision notification from the case manager.  The Director will notify the student and involved parties of their decision to uphold or modify the accommodation decision via email within ten (10) business days of the appeal or as soon as reasonably practical thereafter.

If the student is not satisfied with the resolution by the Director of SAEO or DAS, they may formally appeal the determination of SAEO or DAS directly to the ADA/504 Coordinator. The written formal appeal should:

• Summarize the original request.
• Detail (1) why the student believes the requested accommodation is needed based on disability-related barriers; (2) how rejecting their request would impact their academic access or access to programs, activities, and facilities; and (3) how the alternative accommodation proposed does not address the barriers described by the student, if applicable.
• Detail actions taken to date to resolve the concern.

The student may also submit any supporting information with the appeal.

The ADA/504 Coordinator will review the information submitted and may gather additional information that may be relevant in their decision. If the student is unsure how to proceed, the student may request an appointment with the ADA/504 Coordinator to review their concerns as well as policy and procedure. The ADA/504 Coordinator will notify the student and involved parties of their decision to uphold or modify the accommodation decision via email within ten (10) business days of the appeal or as soon as reasonably practical thereafter.

The determination by the ADA/504 Coordinator is the final decision of the university specific to whether a requested accommodation is reasonable. If a student believes that the university’s rejection of a requested accommodation, as upheld by the ADA/504 Coordinator, is discrimination as described in the university’s Preventing and Responding to Discrimination policy, the student can proceed under section 7 of the policy, which details certain steps before a complaint of discrimination is filed.

There are two (2) policies that address disability-related complaints, depending on the nature of the complaint. 

1. Failure to accommodate (Accessibility and Reasonable Accommodation for Individuals with Disabilities policy)

Under this policy, Section 7 describes the Student ADA Grievance Procedure. This procedure addresses concerns surrounding students who believe their approved accommodations were not reasonably or appropriately implemented. These complaints should be filed through SAEO or DAS under the Student ADA Grievance Procedure.

2. Discrimination (Preventing and Responding to Discrimination policy)

Under this policy, Section 4 spells out the Disability Discrimination Complaint Procedure. This procedure addresses student complaints alleging harassment or other forms of discrimination based on disability (unrelated to access or accommodation) and all types of employee and third-party disability discrimination complaints. These complaints should be filed directly with Equity and Access Services.

Student ADA Grievance Procedures

Below is a step-based grievance procedure to address an individual’s concerns that the university has either denied or failed to provide a reasonable accommodation.

Step 1  - Assisted Resolution

Assisted Resolution is an informal process that provides support for students who are seeking to quickly resolve an accommodation concern.  Students must request this assistance and should follow the process below.

1. The student contacts their assigned case manager in SAEO or DAS for assistance with the concern.
2. The SAEO or DAS representative will acknowledge concern within two (2) business days or as soon as is reasonably practical thereafter;
3. The case manager will assist the student by facilitating discussions between the student and the other party or parties; and,
4. Students should make every reasonable effort to work with their SAEO or DAS representative so that a timely resolution may be achieved.

The case manager will gather relevant information and may speak with involved parties in an effort to clarify and resolve the issues underlying the grievance. As part of this information gathering, the student will have the opportunity to suggest witnesses who may have relevant information or present other evidence to the representative. The case manager will notify the student and involved parties via email of the outcome, including any relevant finding, rationale, and resolution, within five (5) business days of receiving the complaint or as soon as is reasonably practical thereafter.

If such assistance does not resolve the concern to the student’s satisfaction, the student may proceed to Step 2  – Informal Grievance, below, within five (5) business days of the Step 1 outcome email notification.

Step 2  - Informal Grievance 

Informal Grievance is available when the SAEO/DAS case manager is unable to resolve the student’s concern in Step 1 or when the case manager is the subject of the concern. The Informal Grievance Process is designed to facilitate a satisfactory resolution of the grievance in an informal manner and involves assistance from the director of SAEO or DAS, respectively. Students should follow the procedures below.

1. The student must submit a written request using the method utilized by the respective office.  SAEO utilizes the SAEO Grievance Form that the student must submit to initiate the informal grievance.  To file a grievance complaint through DAS, the student must email the DAS director; and the complaint must include: (a) the date of the incident; (b) indicate the name(s) of the person or office against whom the student is filing a grievance, if applicable; (c) please describe what happened in as much detail as possible. Include dates and any relevant background; (d) list outcome(s) or resolution(s) the student is seeking; and (e) student may attach additional documentation if needed. 
2. The director or their designee will  acknowledge receipt of the concern within two (2) business days;
3. The student will meet with the director or their designee to seek shared understanding of the student’s concern;
4. The director or their designee may speak with involved parties in an effort to clarify and resolve the issue(s) underlying the concern; and,
5. The student may submit documents directly related to their concern such as emails, correspondence, and class materials from those who have information relevant to the specific concern.

The director will provide a notification of determination to involved parties within ten (10) business days via VCU official university email. The notification will summarize the concerns as understood by the director, and actions taken to date to resolve the concern. If the student’s concerns are not resolved via Informal Grievance, the student may proceed to Step 3 Formal Grievance/Complaint within five (5) business days of the Step 1 outcome email notification.

In limited situations involving time-sensitive deadlines and/or circumstances in which the director or their designee determines that an Informal Grievance will be an ineffective means to resolve the concern, such as when there are repeated instances of refusal or denial by the same employee (staff or faculty member), and if the director believes it is in the best interest of the student to immediately elevate the concern to the ADA/504 Coordinator, the director may do so in consultation with the student. The concern will then follow procedures outlined in Step 3. 

If the concern involves actions taken by the director of SAEO or DAS office the student may proceed directly to Step 3  – Formal Grievance/Complaint within five (5) business days of the Step 2 outcome email notification.

Step 3 - Formal ADA Grievance/504 Complaint

If the student’s concern is not resolved in Steps 1 and 2, or if the concern involves action taken by the director of SAEO or DAS, the student may submit a Formal ADA Grievance/504 Complaint to the ADA/504 Coordinator.

A student can submit a Student Disability Accommodation and Accessibility Grievance Form or email a written complaint to ADA & Accessibility Services.  The written complaint should be sent to ADAservices@vcu.edu and must, at minimum provide:

• A detailed account of the concern;
• The steps taken to date to address the concern; and,
• The remedy sought.

The complaint should also include any supporting documentation, such as:

• The Student Accommodation Letter;
• Course specific information;
• Communications between individuals involved; and,
• Other directly related information that details the incident of refusal or denial, specifically.

The ADA/504 Coordinator, or their designee, will:

1. Review the submitted material within ten (10) business days or as soon as is reasonably practical thereafter;
2. Provide written notice to the individual(s) who are the subject of the complaint.
3. Contact the student and any involved individuals or units if necessary to clarify and resolve the complaint;
4. Notify the student and the individual(s) who are the subject of the complaint of the finding, including a summary, expected resolutions, and specific steps to implement remedies (if any), including appropriate time frames. This notice of resolution will be sent through the university’s official email system within fifteen (15) business days of receipt of the complaint, or as soon as reasonably practical thereafter.
5. Update the student about any unexpected delays (for example, a scheduled university break or where a party may be unavailable);
6. Forward information for review to the School, College or unit manager, Human Resources or the Provost’s Office for further consideration or actions.

It is the expectation of the university that all individuals who are alleged to have failed to accommodate a student’s disability be available to participate in the review process in a timely manner and will immediately implement and support the university’s recommendations to provide reasonable accommodations.

Disability Discrimination Complaints by Students, Employees and Third Parties

Equity and Access Services reviews reports of discrimination based on disability submitted by students, employees, and third parties to determine whether the complainant was subject to discrimination as prohibited by the university’s Preventing and Responding to Discrimination policy, consistent with Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as amended.

EAS receives reports by the Discrimination Incident Reporting Form. While the online reporting form is the most efficient way to communicate relevant information, EAS will also receive complaints by email to equity@vcu.edu, by phone at (804) 828-1347, or in-person by scheduled appointment. EAS follows the complaint resolution procedures and timeframes consistent with the policy.