The ADA (Americans with Disabilities Act) requires that accommodations be developed on a case-by-case basis, in a give-and-take dialogue process between the institution and the person with disabilities. In those cases involving academic accommodations, the accommodations requested may be authorized by the Coordinator of Learning and Disability Services. In some instances, the Coordinator will need to consult with other members of the University academic community in order to determine the most appropriate accommodation. This would be especially true if a requested accommodation would affect the nature or delivery of a program of study.
In the case of accommodations involving residence life or other non-academic adjustments, the accommodations may be authorized by the Coordinator of Learning and Disability Services, in consultation with the Dean of Students and/ or Director of Residence Life, and the student with the disability. In some instances, the Director of the Academic Resource Center will need to consult with other members of the University Student Life staff such as the Director of Counseling and/ or the Director of the Health Center.
Colleges are not required to provide the requested or the preferred accommodation. They are required to provide reasonable, appropriate, and effective accommodations.
If a student believes that reasonable, appropriate, and effective accommodations have not been provided, the student should then follow the following procedures.
Grievance Procedures for Section 504 and ADA
DeSales University has an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and their implementing regulations.
Section 504 states that "no otherwise qualified individual in the United States, shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." (PL 93-112, 2973)
Complaints should be addressed to the Section 504 Compliance Officer who has been designated to coordinate ADA compliance efforts:
Mr. Peter Rautzhan, Associate Vice President for Administration and Planning
Section 504 Compliance Officer
2755 Station Avenue
Center Valley, PA 18034
610-282-1100, x. 1332
1. A complaint should be filed in writing. This complaint should contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within 60 days after the complainant becomes aware of the alleged violation.
3. An investigation, as may be appropriate, shall follow a filing of complaint. The Section 504 Compliance Officer shall conduct the investigation. This investigation shall be an informal but thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relative to a complaint.
4. A written determination report as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Section 504 Compliance Officer and a copy of the report shall be forwarded to the complainant no later than 60 days after the complaint is filed.
5. The Section 504 Compliance Officer shall maintain the files and records of the DeSales University relating to the complaints filed.
6. 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 submitted in writing within fourteen (14) days of the receipt of the determination report to the Provost of DeSales University.
7. The right of a person to a prompt and equitable resolution of the complaint filed here under 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.
8. This procedure shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards.