UD Grievance Policy

University of Delaware Grievance Policy

Americans with Disabilities Act (ADA)/Section 504 of the Rehabilitation Act: Grievance Procedure

The University of Delaware (University) is committed to ensuring its programs, activities and services are accessible and inclusive to all students, faculty, staff and visitors to the University.  The University’s Office of Disability Services (DSS) is responsible for providing reasonable accommodations, modifications and/or auxiliary aids to students with medically documented disabilities.  The University complies with the Americans with Disabilities Act of 1990, as amended (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), which afford protection from discrimination for otherwise qualified students with disabilities.

This grievance process is for students who believe that they were denied equal access in the form of appropriate accommodations, modifications, auxiliary aids or effective communication and/or who believe they have experienced discrimination under the ADA or Section 504.

The University of Delaware has adopted this grievance procedure to facilitate the resolution of ongoing concerns and complaints by students with disabilities quickly and effectively.

To report a concern to DSS, students should use the following process to file a complaint:

1. All complaints shall be submitted in writing to the University’s Office of Disability Support Services (DSS) and must include the following:  (a) the complainant’s name, address, email address and phone number; (b) a description of the nature of the student’s concern and any relevant information supporting their concern; (c) the student’s desired resolution; and (d) any relevant documents in support of their complaint.
2. The complaint must be filed within ninety (90) calendar days after the complainant becomes aware of the alleged violation. 
3. The DSS Director/ADA Compliance Coordinator will conduct a prompt and  thorough informal investigation of the complaint allegations, which shall include a review of any relevant documentation. 
4. No later than fifteen (15) days after the complaint is filed, the DSS Director/ADA Compliance Coordinator shall issue a written decision regarding the complaint and a description of the proposed resolution, if any.
5. The DSS Director/ADA Compliance Coordinator will, subject to University procedures and any applicable laws or regulations, maintain the files and records relating to the complaint.
6. If the individual wishes to appeal the DSS Director/ADA Compliance Coordinator’s written determination or proposed resolution, he/she/they must do so within fifteen (15) business days of its receipt. The appeal request must be in writing, describe the basis for his or her appeal and be submitted to the Dean of Students.
7. A written decision on the appeal and a description of the proposed resolution, if any, will be issued by either the Dean of Students no later than fifteen (15) business days after the appeal submission. The determination of the Dean of Students shall be final and binding.

If the student’s concern involves disability discrimination, harassment and/or retaliation, the student can also report the concern to the University’s Office of Civil Rights and Title IX Compliance (OCRC) pursuant to the University’s Non-Discrimination, Sexual Misconduct and Title IX Policy and such concerns can be raised at any time.

An individual may also pursue other remedies, such as the filing of a complaint with the U.S. Department of Education, Office for Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies with a state or federal agency. Retaliation against any complainant who files a complaint with DSS using this grievance procedure, or against any person who assists a complainant in their pursuit of a complaint under this grievance procedure, is prohibited.