UW-Madison
ADA Grievance Procedure
The University of Wisconsin-Madison has adopted this internal grievance procedure for use by those campus visitors, program participants or others who are neither employees nor students of the institution. It is designed to provide for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs, services or activities sponsored by a public entity. Employees and students of the institution have access to alternative grievance and/or appeal procedures for complaints alleging such violations.
Complaints should be addressed to: Lisa H. Rutherford, ADA Coordinator, Office of Administrative Legal Services, 500 Lincoln Drive, 361 Bascom Hall, Madison, WI 53706.
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A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
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A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation.
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The ADA Coordinator (ADAC) will refer the complaint to the institutional office/individual that is most appropriate to handle the complaint, and will so inform the complainant.
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An investigation, as may be appropriate, shall follow the filing of a complaint, and shall be conducted by the person to whom the complaint was referred (or designee). This procedure contemplates an informal but adequate investigation to afford interested persons an opportunity to submit evidence relevant to the complaint.
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A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the person to whom the complaint was referred (or designee), and a copy forwarded to the complainant no later than 60 days after its filing. This 60-day time limit may be extended by mutual agreement of the complainant and the person to whom the complaint was referred (or designee) or by the ADAC upon request of the person to whom the complaint was referred (or designee) where warranted.
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A copy of the determination and the complaint file will be forwarded to the ADAC within a week of the determination. The ADAC shall maintain the files and records of the UW Madison relating to the complaints filed.
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The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within 15 days to the ADAC.
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The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
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These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that UW-Madison complies with the ADA and implementing regulations.
History
Promulgated by the Interim ADA Coordinator March 13, 1995. Minor revisions to remove Interim from the Coordinator's name. January 27, 1999.