1. General
    It is the policy of Midwestern State University that no otherwise qualified person, on the basis of disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program, activity, or employment of the university. Any student/employee seeking accommodations on the basis of disability must register with the Office of Disability Support Services and must provide all required documentation of disability. 
    1. Informal Resolution
      Individuals with grievances related to discrimination or lack of accommodation on the basis of a disability are encouraged to resolve the problem directly with the area involved. If the matter remains unresolved, advice and/or assistance will be provided by the Office of Disability Support Services for informal resolution. If no resolution is forthcoming or if direct confrontation is deemed inappropriate, the student/employee may report the requested accommodation or the alleged discrimination to the area's immediate supervisor or the appropriate department head. The supervisor or department head should attempt to resolve the complaint and to maintain the employee or student's anonymity, if requested. If resolution is not satisfactory, the student/employee may request assistance from the appropriate vice president in attempting to reach an informal resolution of the matter.
    2. Formal Grievance 
      If the student/employee is not satisfied with the informal resolution, he/she may file a grievance. The student/employee must notify the ADA Coordinator (Director of Disability Support Services) in writing of the complaint. The notice should state the nature and the date of the alleged discrimination, the name(s) of the individual(s) involved, the names of any other witnesses or participants, and the remedy the student/employee seeks. The request must be signed by the student/employee and filed within thirty (30) days of the alleged incident.
    3. HearingA grievance hearing will be held within fifteen (15) working days following the receipt of the written request. The case shall be heard by the 504/ADA Grievance Committee. The responsibility of presenting the grievance rests with the student/employee filing the complaint. Failure to appear for a hearing shall constitute a waiver of the complaint and result in dismissal of the complaint. The committee, by majority vote, shall determine whether or not a remedy is appropriate.
    4. FindingsThe Committee will transmit it's findings and determinations to the Vie President for Student Affairs and Enrollment Management within five (5) working days following the grievance hearing. The Vice President shall then notify the complainant in writing of the decision of the committee. If the grievance was filed by an employee of the university, a copy of the complaint and the final decision shall be provided to the EEO Coordinator (Director of Human Resources)
  2. Appeal
    An appeal to the president of the university on the record only may be made by the complainant in writing within fifteen (15) working days following the receipt of the grievance committee's decision. Unless the president acts within ten (10) working days following receipt of the written appeal, the grievance committee's decision is upheld. The president's decision shall be final. 

    The availability and use of this grievance procedures does not prevent a person from filing a complaint of discrimination on the basis of disability with the U.S. Department of Health and Human Services, Office for Civil Rights.

 

ADA Coordinator
Debra Higginbotham
Director, Disability Support Services
Clark Student Center, Room 168
(940) 397-4140
debra.higginbotham@msutexas.edu