ADA Student Grievance Procedure
"No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subject to discrimination by any such entity." – Title II of the Americans with Disabilities Act of 1990 [ADA]
WKU is committed to providing equal access for students with disabilities, and has a responsibility to monitor and manage ADA compliance. A student alleging noncompliance with the terms of Title II of the ADA may lodge a complaint alleging disability discrimination and seek a satisfactory resolution.
Complaints should follow the tentative procedure below. Refer to the Student Grievance Procedure for Section 504 and ADA Compliance: Denial of Accommodations (6.1010) (PDF) for further details. The following process will encourage a prompt and impartial resolution. For a listing of Student Accessibility Resource Center's (SARC) policies in the Division of Student Affairs, please click here.
Note: This grievance process does not include being denied of a course substitution. Such concerns should be addressed by filing a petition with the Student ADA Compliance Officer. Refer to the Student Academic Appeals for Course Substitution for further details.
The following complainants may pursue a grievance under this policy:
- Denial of Accommodation: Any student whose request for reasonable accommodation(s) was denied by the SARC after completing the process provided in WKU Policy 6:1010, Student Disability Accommodations / Section 504 and ADA Compliance.
- Failure to Provide a SARC Recommended Accommodation: Any student who completed the process provided in WKU Policy 6:1010, Student Disability Accommodations / Section 504 and ADA Compliance, and was approved for accommodation(s), but was not provided those accommodation(s) (i.e., excluded from participation in or denied the benefits of any program, service or activity of WKU, based upon his/her disability.)
- All other student grievances regarding unlawful discrimination based on disability shall be subject to WKU Policy and Procedure No. 0-2040, Discrimination and Harassment Policy (PDF).
File a Complaint Step 1: File a Complaint
The Director has been designated to serve as the Student ADA Compliance Officer, and will oversee student ADA compliance.
Mr. Robert Unseld, Jr.
Student ADA Compliance Officer
A complaint should be submitted via the Student Grievance Form within five (5) business days of the complainant becoming aware of the alleged discrimination or denial of benefits. If you prefer, you may download the Grievance Form (PDF) and mail, fax, email, or bring the completed form to the Student ADA Compliance Officer, as listed above.
Impartial Investigation Step 2: Impartial Investigation
The Student ADA Compliance Officer shall conduct an impartial investigation. In the event the decision-maker in this policy is the subject of the complaint, the President has the authority to appoint an alternate decision-maker.
The procedure is informal in nature, while still an emphasis on fact-finding. The parties will thus be provided with the opportunity to identify witnesses and provide other evidence pertinent to the investigation.
Written Report Step 3: Written Report
The decision-maker will provide a written report. The report includes a written determination as to the validity of the complaint and, if appropriate, a description of the resolution of the complaint.
Every effort will be made to provide the report to the complainant within five business days after receipt of the complaint. However, the University specifically reserves the right to modify and/or amend the procedure or time frame outlined herein as circumstances may require. The individuals involved will be notified if circumstances arise which warrant an extension of time.
The resolution of any complaint submitted will require consideration of varying, individual circumstances. Accordingly, the resolution of any one complaint shall not constitute a precedent.
Not Satisfied? Not Satisfied?
The complainant may request reconsideration of the complaint within five business days after receipt of the written response if they are dissatisfied with the response of the Student ADA Compliance Officer. The request for reconsideration must be in writing and delivered to the Vice President of Student Affairs.
The Vice President shall reconsider the matter and may either affirm or amend the Student ADA Compliance Officer’s report.
The Vice President's review and decision will be conducted in an expeditious manner, considering all the circumstances. The Vice President’s decision shall be a final decision, and will be reported in writing to the complainant, the Student ADA Compliance Officer, the Director of Student Accessibility Resource Center, and other appropriate officials.
If the complainant is dissatisfied with the reconsidered decision, they may file a complaint with theDirector of the U.S. Department of Education’s Office for Civil Rights at Wanamaker Suite #515, 100 Penn Square, Philadelphia, PA, 19107. They can also be contacted at OCR.firstname.lastname@example.org. To find out more about OCR, and how to file a complaint, visit the OCR site here.
Once a complaint has been made with an external agency, the Student ADA Compliance Officer will work directly with that agency to come to a resolution.