ADA Grievance Procedures

The purpose of these operational standards is to ensure that Illinois Central College maintains a safe and healthy educational and employment environment, free from discrimination on the basis of disability, in accordance with the Americans with Disabilities Act (ADA). The policy applies to the entire college community and outlines procedures for accommodating employees and students with disabilities.

Scope/Applicability

This procedure applies to the whole College. Illinois Central College is committed to providing places of work and learning free of discrimination. 

ICC is dedicated to providing reasonable accommodations for any qualified individual with a disability to ensure their equal participation in employment and educational opportunities provided by ICC. Categories of disabilities include but are not limited to, the following:

• Cognitive
• Hearing
• Learning
• Health
• Physical
• Psychological
• Vision
• Temporary Disability

Employee Accommodation Requests

The Illinois Central College Risk Safety and Benefits Manager handles all accommodation requests for employees and applicants in accordance with the Americans with Disabilities Act of 1990 (ADA) ADA Accessibility Standards (enhanced single file version) (access-board.gov) and Section 503 of the Rehabilitation Act of 1973 Section 503 | U.S. Department of Labor (dol.gov).

Pursuant to the ADA and Section 503, ICC will provide reasonable accommodation(s) to all qualified employees with known disabilities to enable them to perform the essential functions of the job, unless the requested reasonable accommodation would result in undue hardship to the College. Employees requesting accommodation may be required to provide medical certification from the employee’s health care provider that includes: (1) identification of the health care provider; (2) the health care provider’s diagnosis of the disabling condition; (3) specific limitations and/or suggested restrictions and their relation to the disability; and (4) suggested accommodations. Human Resources will engage in an interactive process with the employee to determine the reasonable accommodation(s).

Employees may contact benefits@icc.edu to request accommodations.

Student Accommodation Requests

The Illinois Central College Coordinator for Access Services handles all accommodation requests for students in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. 

CC's statement Civil Rights Equity / ADA – Illinois Central College (icc.edu) regarding discrimination and harassment represents our commitment to providing equal educational opportunity to all students. Pursuant to the ADA and Section 504, which protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the U.S. Department of Education (ED): "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, 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.”

To inquire about ICC’s ADA and Section 504 policies and procedures, or to request an accommodation, please contact accessservices@icc.edu.

Employee and Student ADA Discrimination and Harassment Complaints

The Illinois Central College ADA Coordinator handles all ADA discrimination and harassment complaints. Illinois Central College has implemented its Discrimination and Harassment policy and procedures to ensure a safe and healthy educational and employment environment, and meet federal and state legal requirements established by the Americans with Disabilities Act and the Illinois Human Rights Act, which prohibit discrimination on the basis of disability in employment and education.

To inquire about ICC’s ADA Discrimination and Harassment policy or to discuss filing a complaint please contact ADACoordinator@icc.edu. 

To file a complaint please complete the Misconduct Reporting Form.

Definitions

Disability: a physical or mental impairment that substantially limits a major life activity, such as hearing, seeing, speaking, breathing, performing manual tasks, walking, or caring for oneself.

Reporting Party: an individual who is alleged to be the victim of conduct that could constitute discrimination in violation of the ADA.

Responding Party: an individual who has been reported to be the perpetrator of conduct that could constitute discrimination in violation of the ADA.

Responsible Employee: a College employee who has the authority to redress misconduct under the ADA, who has the duty to report incidents of such misconduct or other student misconduct, or whom a student could reasonably believe has this authority or duty. A Responsible Employee must report to the ADA Coordinator all relevant details about any alleged discrimination incident that is shared with them. To assist the College in determining what happened, the Responsible Employee should ask the Reporting Party to fill out a Complaint Form, or should report to the ADA Coordinator any information shared with them, including the names of the Reporting Party and alleged Responding Party(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. To the extent possible, information reported to a Responsible Employee will be shared only with people responsible for handling the College’s response to the report.

The College’s Responsible Employees include the following:

• ADA Coordinator
• College Administrators (individuals with a title of Director, Dean, Assistant Vice President, Associate Vice President, Vice President, Executive Vice President, or President)
• Supervisors and Managerial Staff (individuals with a title of Lead Coordinator, Supervisor or Manager)
• Human Resources staff
• Student Success Advisors
• Division of Student Success staff
• Faculty (full time and part time)
• Campus Police and Campus Security
• Coaches
• Advisors of student clubs/organizations: a list of student clubs is available at https://icc.edu/students/student-life/clubs-organizations/

Retaliation: Any form of retaliation, including intimidation, threats, harassment and other adverse action taken or threatened against any person reporting or filing a complaint alleging disability-related discrimination, harassment or misconduct, or against any person cooperating in the investigation of such allegations (including anyone testifying, assisting or participating in any manner in an investigation) is strictly prohibited and may violate the protections of the State Employees and Officials Ethics Act, the Whistleblower Act, and the Illinois Human Rights Act. Action is generally deemed adverse and thus retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by the College’s Discrimination and Harassment Statement. Retaliation may result in disciplinary or other action independent of the sanctions or supportive measures imposed in response to the allegations of ADA discrimination.

Details

Administration

ADA Coordinator

The College has a designated ADA Coordinator. Contact information for the ADA Coordinator(s) is as follows:

Responsibilities of the ADA Coordinator(s) include, but are not limited to:

• Overseeing the College response to all ADA reports and complaints as well as identifying and addressing any patterns or systemic problems revealed by such reports or complaints.
• Being informed of all reports and complaints raising ADA issues, including those initially filed with another individual.
• Conducting and/or assigning investigations, including the investigation of facts relative to a complaint.
• Coordinating any appropriate supportive measures and ensuring the effective implementation of any remedies.
• Ensuring that adequate training is provided to students, faculty and staff on ADA issues.

Procedures

ADA Grievance Procedure

Initiating a Complaint If you believe that you have been discriminated against based upon your disability, or an institutionally prescribed accommodation for your disability has not been honored, you are encouraged to contact the ADA Coordinator Civil Rights Equity / ADA – Illinois Central College (icc.edu). Employees and students may also initiate a grievance by completing a Discrimination Reporting Form.

Allegations of discrimination are taken seriously and will be dealt with promptly, thoroughly, impartially, and equitably in accordance with the ICC Civil Rights Equity/ADA Policy Civil Rights Equity / ADA – Illinois Central College (icc.edu). When discrimination is found to have occurred, ICC will act to stop the discrimination, to prevent its reoccurrence, and to remedy its effects.

Confidentiality cannot be guaranteed when filing a complaint of discrimination; however, an individual's privacy will be protected to the extent reasonably possible.

The United States Department of Education Office for Civil Rights (OCR) is charged with the enforcement of the ADA and Section 504 for educational institutions within the State of Illinois. They may be contacted at the information listed below:

The College has an affirmative duty to take immediate and appropriate action in response to any known allegation of disability-based discrimination in any of its educational or employment programs or activities. The College will promptly and thoroughly investigate any complaints of disability discrimination, harassment and/or misconduct in accordance with the procedures set forth below.

These procedures provide for situations where discrimination occurs based on a person's disability. Discriminatory actions can manifest in different ways. In all such actions the College will comply with state and federal laws. However, if a specific legal framework does not apply to a particular case, the College is still obligated to take action in the event of any inappropriate behavior.

Rights and Responsibilities

All parties involved in an ADA grievance have the right to an equitable and impartial investigation. This includes ensuring that Reporting and Responding Parties are treated similarly; investigators consult with each other and consider all relevant evidence; and decisions are made on the basis of clearly articulated standards. The Reporting and Responding parties will receive a written explanation of the investigator’s determination process, basis for the investigator’s decision, and outcome of the investigation.

Complaint Resolution Process

Upon receipt of a Discrimination Report, the ADA Coordinator will follow the process below:

1. Acknowledge Receipt and Begin Communication and Activity Log: The ADA Coordinator will acknowledge receipt of the complaint and begin a log of all communication and activities related to the complaint.
2. Review and Categorize Complaint: The ADA Coordinator will review the complaint and determine the appropriate category.
   • a) Physical Barrier Preventing Access – go to 3 b)
   • b) Failure to Accommodate, or Discrimination or Harassment Based on Disability (for example: Refusal to provide an accommodation, Delay in providing an accommodation, Inadequate accommodation, Retaliation, Failure to engage in the process, Discrimination based on the disability, or Harassment based on the disability) – go to 4
     • i) NOTE: At any time after receiving the initial notice of allegations, and prior to a determination regarding responsibility being reached, the Reporting Party and Responding Party may request to participate in an informal resolution process. Informal resolution will only occur with both parties’ voluntary, written consent. c) Policy and Procedures Preventing Access – go to 5
3. Inspect Facility for ADA Compliance and determine – Is this a valid ADA complaint? 
   • a) If yes, notify facility coordinator, schedule meeting within established time frame to take corrective actions and generate report identifying problem and putting corrective plan in place – go to 6 
   • b) If no, issue detailed report – go to 6
4. Failure to Accommodate, or Discrimination or Harassment Based on Disability - Investigate Complaint: The ADA Coordinator within 30 days of receipt of the complaint will investigate the complaint by taking the following steps:
   • a) Develop interview questions
   • b) Conduct in-person interviews of Reporting and Responding Parties
   • c) Conduct interviews of witnesses and review any other relevant information
   • d) Make a determination regarding failure to accommodate or discrimination or harassment based on disability by applying the relevant standard based on the underlying facts of the complaint received
     • i) If there was a failure to accommodate or discrimination or harassment based on disability – go to 6
     • ii) If there was not a failure to accommodate or discrimination or harassment based on disability, issue detailed report – go to 6
5. Policy and Procedures Preventing Access – Is there a policy or procedure preventing access?
   • a) If yes, review policies and procedures preventing access, take corrective actions and generate report identifying problem and putting corrective plan in place – go to 6
   • b) If no, issue detailed report – go to 6
6. Send written correspondence in the form of a detailed report listing the outcome of the investigation to the Reporting Party and relevant parties within 30 days of complaint filing date. The detailed report should include:
   • a) Policies alleged to have been violated
   • b) A description of the procedural steps taken from the receipt of the formal complaint through the determination including: any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held
   • c) Statement of and rationale for the result as to each specific allegation. Should include findings of fact and conclusions
   • d) Sanctions imposed and rationale for sanctions chosen, if applicable
   • e) Whether remedies designed to restore or preserve equal access to the education program or activity will be provided if applicable
   • f) Procedures and bases for any appeal
7. Appeals
   • a) The Reporting Party and/or relevant parties may appeal to the Executive Director of Human Resources (for employees) or the Vice President of Student Success (for students) within ten (10) business days of the original decision
   • b) Appeals must be submitted in writing. An appeal must be based on one or more of the following grounds:
     • i) A procedural irregularity occurred within the investigation;
     • ii) New evidence or information exists that could affect the outcome of the matter;
     • iii) The ADA Coordinator had a conflict of interest or bias for or against the Reporting Party or Responding Party that affected the outcome of the matter
   • c) Within ten (10) business days after the Executive Director of Human Resources or the Vice President of Student Success has concluded their review of the appeal, they will issue a written decision simultaneously to both parties, describing the outcome of the appeal and the rationale for the outcome. The appeal decision is final.

Informal Resolution

At any time after receiving the initial notice of allegations and prior to a determination regarding responsibility being reached, the Reporting Party and Responding Party may request to participate in an informal resolution process. Informal resolution will only occur with both parties’ voluntary, written consent. The ADA Coordinator will serve as mediator for the informal process. At the end of the informal process, an informal resolution document will be created by the ADA Coordinator that will be signed by each party. At any time prior to agreeing to a resolution, any party will have the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

Consolidation of Formal Complaints

The ADA Coordinator may consolidate formal complaints under certain conditions. This includes complaints which contain accusations against multiple Responding Parties, when complaints are submitted by multiple Reporting Parties against one or more Responding Parties, or when one party lodges a complaint against another party. In all of these cases, consolidation can occur if the allegations of misconduct arise from the same set of facts or circumstances.

Alternative Option for Employees or Students

While employees and students are always encouraged to seek resolution of complaints within the structure of institutional policies, they may have alternative options available, including contacting the US Department of Education, Office for Civil Rights – 1-800-421-3481.

Additional Provisions/Information

Appendix 1: Formal Complaint Process Flowchart, page 7