Grievance Procedure

Students who have been denied a requested accommodation or who have otherwise disagreed with an accommodation decision must engage in the following process:

Step 1: Informal Grievance Process

Many times, a dialogue between the student and SDS staff member assigned to work with the student can quickly and efficiently resolve any disputes or misunderstandings. Thus, the first step is for the

student to contact the SDS staff member assigned to work with the student. The student and SDS staff member will engage in an informal discussion about the specific accommodation request. The student should include in this discussion any additional information or documentation that may have become available since the initial determination. An accommodation determination will be communicated to the student within one week of the receipt of additional information/documentation and an additional student conversation with the SDS staff member reviewing the request.

Step 2: Formal Grievance Process

If the procedure set forth above for informal resolution does not yield a successful resolution, then the student may file a formal grievance for accommodation reconsideration in the following manner:

• Timelines: Students wishing to initiate a formal grievance must be submit it in writing within 14 days of the conclusion of the informal grievance process.
• What to File: Grievances must be submitted electronically via the official grievance formAs a part of the formal grievance, the student will be prompted to sign a “release of information” statement regarding information in the student’s disability file, permitting review of such information by appropriate individuals involved in the grievance process. A link to sign this form electronically can be found within the online grievance submission form.

As a part of the formal grievance, the student will be prompted to sign a “release of information” statement regarding information in the student’s disability file, permitting review of such information by appropriate individuals involved in the grievance process. A link to sign this form electronically can be found within the online grievance submission form.

• Review: The grievance submission will be routed to the 504 Coordinator, who also serves as Director of Student Disability Services. Upon receipt of the complaint, the 504 Coordinator will review the complaint for timeliness and appropriateness for this grievance procedure.
  • When the 504 Coordinator has a conflict of interest due to having made the decision regarding the disputed accommodation determination, or having influenced the determination, in their capacity as Director of SDS, the grievance will be reviewed by the Bias Incident Response Team (BIRT), whose members include the Civil Rights Compliance/Title IX Coordinator, Title IX Investigator, Human Resources representative, 504 Coordinator, and the Vice President of DEI and Chief Diversity Officer. The 504 Coordinator may provide relevant information to the BIRT but will recuse themselves from the BIRT for the purpose of the review. Vice President of DEI and Chief Diversity Officer (VPDEI/CDO) will also recuse themselves from the review; this will allow CDO to serve as reviewer for any appeal of the formal grievance outcome.
  • The 504 Coordinator, or designated BIRT representative, will meet with the individual within seven (7) working days of the receipt of the complaint.
  • During the discussion with the 504 Coordinator, or BIRT designee, the individual should be prepared to explain why the denied accommodation is needed to address the current impacts of their disability at Butler University as it relates to equal access (having received an accommodation from a previous institution or in the K-12 system is not in itself a sufficient basis).
  • The 504 Coordinator may refer the matter (in whole or in part) to the BIRT or another authorized representative to investigate and/or address the issue(s). In the course of the review, the 504 Coordinator, or BIRT designee, may seek additional context from any individual they believe to possess pertinent information.
• Notification of Outcome: The decision maker will attempt to provide the student with written notice of the final determination within ten (10) working days of meeting with the student complainant via their Butler email address. If through the appeal process an accommodation is granted, then the accommodation will be granted moving forward. Accommodations are not retroactive.
• Retaliation: It is strictly prohibited to engage in any form of retaliation against an individual who, in good faith, exercises their right to file a grievance under this policy or who cooperates in the investigation of such complaint. Students engaged in direct or indirect retaliatory behaviors towards persons participating in the Grievance Process are subject to conduct charges and sanctions as outlined in the Butler University Student Handbook.
• Accommodations during the Grievance Process: Students who may require disability accommodations for the Grievance Process should engage the Section 504 Coordinator at the earliest possible moment to allow for time to evaluate and arrange the space, equipment, and resources that may be needed to implement the accommodation. Accommodations requests made on short notice may not be able to be accommodated. Accommodations are not retroactive.
• Confidentiality: Confidentiality for individuals who participate in the Grievance Process, including any witnesses, will be maintained to the extent required by law. While absolute confidentiality cannot always be guaranteed, all matters will be kept private (i.e. shared only with those with a need to know).
  • To protect the confidentiality of individuals who participate in the Grievance Process and to protect the integrity of any investigative process, individuals who are not directly impacted by the determination normally will not be informed of the outcome.
  • All parties involved in the process shall be informed of their obligation to maintain the confidentiality of the proceedings, to the extent permitted by applicable law.
• Appeal: The grievance or the party against whom the grievance is directed may appeal the final determination within 7 days of the issuance of the final report. This appeal should be directed to the Chief Diversity Officer via email at kshabazz@joe-yan.net.

Students have the right to seek resolution for access-specific complaints unrelated to specific accommodation approvals or denials. This can include but is not limited to inaccessibility of a university program, activity, or service, university policies or procedures preventing access, or a physical barrier preventing access.

Physical Barriers:

To informally report a physical barrier preventing access, please complete the Barrier Report Form. Barriers and accessibility issues reported via this form will be reviewed by the 504 Coordinator in partnership with University Operations. When a barrier report is received, SDS and University Operations will investigate the report and make reasonable accessibility alterations, if necessary. Submissions will also assist relevant University entities in identifying and prioritizing potential ADA-related improvements. If the physical barrier is preventing access for the student themselves, the student may find it beneficial to include their name on the barrier report form to engage in a more specific accessibility evaluation. The 504 Coordinator, in collaboration with University Operations, will reach out to the individual directly to discuss potential resolutions. If the student chooses not to include their name and contact information on the barrier report form, it may not be possible to adequately address the specific concern the student is reporting.

Step 1: Informal Grievance Process for programs, procedures, or services

If a student believes they have encountered a disability-related institutional barrier that prevents access to a program, activity, or service, the student may initiate an informal grievance to resolve the issue. If the barrier is physical, the student should first complete the Barrier Report Form as described above. must first report this to the 504 Coordinator, who also serves as Director of SDS. This report must be made via email to either kcamire@joe-yan.net or sds@joe-yan.net, and must include specific information about the barrier. The 504 Coordinator will set up a meeting with the student to discuss the concern and determine specific resolution(s).

Step 2: Formal Grievance Process for programs, procedures, or services

If the procedure set forth above for informal resolution does not yield a successful resolution, then the student may file a formal grievance regarding inaccessibility for a university program, procedure, or service via the following process:

• What to File: Grievances must be submitted digitally via the official grievance form and should include the following:

As a part of the formal grievance, the student will be prompted to sign a “release of information” statement regarding information in the student’s disability file, permitting review of such information by appropriate individuals involved in the grievance process. A link to sign this form electronically can be found within the online grievance submission form.

• Review: The grievance submission will be routed to the 504 Coordinator, or their designee, for initial screening. In undertaking a review of the complaint, the 504 Coordinator may interview, consult with, and/or request a written response to the issues raised in the complaint from any individual they believe to have relevant information. The 504 Coordinator or designee will make a determination regarding the grievance within seven (7) working days of completion of the review. The 504 Coordinator’s determination will be in writing and will be sent to the individual’s Butler email.
• Appeal: Within seven (7) working days of the written issuance of the 504 Coordinator’s determination on the matter, the grievant or the party against whom the grievance is directed may appeal. This appeal should be directed to the Chief Diversity Officer/Vice President of DEI via email at kashabazz@joe-yan.net. The CDO/VP of DEI or designee will make a determination regarding the individual’s appeal within seven (7) working days. The CDO’s decision will be in writing and will be sent to the individual’s Butler email.
• Resources: While students are always encouraged to seek resolution of complaints within the structure of institutional policies, they may have alternate options available. Other options include contacting the US Department of Education, Office of Civil Rights – 1-800-421-3481.