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.

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.

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.

If a student’s accommodation request is denied by their Case Manager during the SAEO or DAS accommodation request process, the student should report their concerns to the Director of the respective office, SAEO or DAS, by submitting an informal appeal.

Informal Appeal

The goal of an informal appeal is to provide the director with an opportunity to review whether the information shared by the student supports a change in the Case Manager’s accommodation decision. The informal appeal period signals a pause in the accommodation request process with the Case Manager.  

The appeal must be based on one or more of the following reasons. Specifically, the Case Manager’s decision was materially affected by: 

Reason 1: Inadequate consideration of the information collected during the interactive process.  Inadequate consideration involves decisions made by the Case Manager as a result of reviewing information provided by the student during the interactive process or deliberating on submitted medical documentation, where the student believes an error contributed to the decision to deny the accommodation.  Examples include the Case Manager failing to consider a medical professional’s report without providing a clear rationale for why it was deemed insufficient; or the Case Manager  overlooked or failed to consider relevant information shared by the student. 

Reason 2: Substantive errors in the determination process that resulted in the denial of requested accommodation(s). A substantive error concerns the core facts, legal definitions, medical standards, or logical conclusions. Examples include misinterpreting a diagnosis, applying the wrong legal standard, or incorrectly concluding that an accommodation fundamentally alters course requirements.

Reason 3: Procedural errors made by the Case Manager that impacted the determination to deny the requested accommodation(s). Procedural errors may include concerns surrounding protocols, timelines, notifications, and required steps. Examples include failing to host a required interactive meeting prior to an accommodation decision, or neglecting to provide the student with options when communicating the accommodation decision such as information about the appeal process.

IMPORTANT NOTES: The general dissatisfaction with an accommodation determination is not grounds for appeal. If the Appealing Party requesting the appeal does not specify the basis/bases, then the Director has the discretion to dismiss the request. The reason(s) for the dismissal decision must be provided in writing to the Appealing Party.   

Additionally, if the Appealing Party requesting an appeal submits new documentation with their request that they have not previously provided to the Case Manager, the request will return to the interactive process for consideration of the new documentation. 

If the SAEO or DAS Director serves as the Case Manager, the student is encouraged to file a Formal Appeal with the ADA Coordinator. 

To Initiate an Informal Appeal 

The student (“Appealing Party”) must submit the following to the respective office by email to the SAEO Director or DAS Director:

• A written statement of the issue(s) to be reviewed; 
• A summary of all facts related to the issue(s) for contesting the accommodation decision; and
• A description of the outcome being sought.

The Director will review the appeal and determine whether the Case Manager’s accommodation decision will be upheld or modified. The Director's decision will be communicated via email within ten (10) business days of the appeal or as soon as reasonably practical thereafter. The communication of the decision to the Appealing Party signals the end of the informal appeal period and resumption of the accommodation process with the Case Manager.

Formal Appeal

If the Appealing Party 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 (“ADAC”). The written formal appeal should:

• Summarize the original request.
• Detail the reasons the Appealing Party is contesting the SAEO/DAS Director’s informal appeal decision.
• Describe the outcome being sought.

The Appealing Party may also submit any supporting information with the appeal and email to adaservices@vcu.edu.

The ADAC will review the information submitted and may gather additional information that may be relevant in their decision. The ADAC may decline to accept an appeal for formal review if insufficient information is provided to support a basis for the appeal or may delay the review pending the outcome of other processes the Appealing Party has invoked. In such cases, the Appealing Party will be notified in writing of this determination. 

If the Appealing Party is unsure how to proceed, they may request an appointment with the ADAC to review their concerns and processes.  The ADAC will notify the Appealing Party and involved parties of their decision to either uphold or modify the Case Manager’s accommodation decision via email within ten (10) business days of receipt of the appeal or as soon as reasonably practical thereafter. The communication of the decision signals the end of the formal appeal period and resumption of the Appealing Party’s accommodation process with the Case Manager.

The determination by the ADA/504 Coordinator is the final decision of the university specifically whether a requested accommodation is upheld or modified. If an Appealing Party believes that the university’s denial 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 Appealing Party can proceed under section 7 of the policy, which details certain steps before a complaint of discrimination is filed.

The grievance process is a separate resolution pathway from an appeal process.  A grievance addresses concerns of students who believe the university has either denied or failed to provide an accommodation outlined in the SAEO or DAS Student Accommodation Letter (e.g., an accommodation is denied or  not provided in a class).  See Accessibility and Reasonable Accommodation for Individuals with Disabilities policy, Section 7. 

To assist in proper routing of grievances, please note the following steps that the student must have taken prior to filing a grievance. 

1. The student is registered with the respective office, SAEO or DAS, for accommodations;
2. The student requested an accommodation letter from SAEO or DAS be sent to a VCU employee or department (“the respondent”); and
3. The accommodation letter was received by the respondent whom the student believes has failed to provide an accommodation as outlined in the letter.

IMPORTANT NOTE:  The incident in question cannot occur prior to the respondent’s receipt of the accommodation letter.  For example, an instructor’s refusal to retroactively enforce the accommodations within a student accommodation letter cannot be the subject of a grievance complaint.  

ADA grievances should be filed through SAEO or DAS under the Student ADA Grievance Process. Below is a step-based grievance process. 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.

Step 1  - Student Works with Case Manager for an Assisted Resolution

Assisted Resolution provides support for students who are seeking to quickly resolve the concern prior to entering an informal grievance process.  Students must request this assistance from their Case Manager 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, with the SAEO/DAS Director within five (5) business days of the Step 1 outcome email notification.  If the SAEO or DAS Director serves as the Case Manager, the student is encouraged to file a Formal Grievance with the ADA Coordinator.

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 process 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 the process outlined in Step 3. 

Step 3 – Student Submits a Formal Grievance with the University ADA Coordinator

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.  

Step 3 concludes the University grievance process.

Student Disability Discrimination Complaints Not Related to an Accommodation Concern

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. See Reporting a Discrimination Complaint for more information.