Students with disabilities who believe they are the subject of discrimination should review the following college policies. If, after reading the assurances listed below, the student believes that discrimination has occurred, the student is entitled to pursue a formal written grievance. Retaliation against any individual who files a complaint or participates in the grievance process is prohibited.
A grievance is a formal written allegation by a student charging unlawful or unfair treatment with respect to the application of laws, rules, policies, procedures, or regulations under which the College operates; particularly, those laws, rules, policies, procedures, or regulations which may be discriminatory to students with disabilities. In accordance with the Section 504 regulation, at C.F.R. Section 104.7(b), Virginia Western will provide for the resolution of complaints alleging any action prohibited by ADA Amendments Act or 504 Regulation. Consequently, students who assert violations of the college’s policies regarding ADA Amendments Act or 504 are not limited by those listed below.
- The College assures that all qualified students with disabilities are eligible for modifications of the College’s academic requirements as are necessary to ensure that requirements do not have the effect of discriminating against them.
- The College assures that alternate testing and evaluation methods for measuring student achievement may be necessary for students with impaired sensory, manual, or speaking skills (except where these are the skills being measured).
- The College assures that auxiliary aids and services will be provided to students when necessary to assure that such students are not denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under the College’s programs and activities. All accommodations will be made in the most integrated setting possible.
- The College assures that they will not limit the number of students with disabilities being admitted.
- The College assures that preadmission inquiries as to whether an applicant is disabled are prohibited.
- The College assures that no student may be excluded from any curriculum of study solely on the basis of a disability.
- The College assures that prohibitive rules such as those barring tape recorders from the classroom must be waived for certain students with disabilities.
- The College assures that no student may be excluded from any courses or curriculum of study solely on the basis of a disability, provided the student can perform the essential functions of the course or curriculum with reasonable accommodations.
- The College recognizes that it is discriminatory to counsel students with disabilities toward more restrictive careers than non-disabled students; nevertheless, the College shall provide factual information about licensing and certification requirements that may present obstacles to persons with disabilities in their pursuit of particular careers.
- The College has provided parking facilities for persons with disabilities that are located on the shortest possible accessible circulation route to an accessible entrance of each building. Standards for parking for individuals with disabilities at Virginia Western Community College comply with the standards of the American National Standards Institute, Inc. and 34 C.F.R. Section 104.23. In addition, the College acknowledges its compliance with, C.F.R. Sections 104.22 and 104.23 for facilities constructed before June 1977 and after June 1977. For facilities constructed after June 1977, the College acknowledges its compliance that each facility and each part of the facility is readily accessible to and usable by persons with disabilities.
To initiate a formal grievance, students should follow the procedures outlined below:
- After an alleged violation, the student will report in writing the nature of the grievance and the details of the alleged violation(s) to the ADA Coordinator, Hillary Holland, LPC, located in Student Life Center-S207, email@example.com, 540-857-6488; all users TTY 711.
- The ADA Coordinator will review the student’s grievance and will acknowledge in writing the receipt of the student grievance. The Coordinator will arrange for a meeting with the student to discuss the alleged violation(s) within one calendar week of receipt of the student’s written grievance.
- The meeting between the student and the ADA Coordinator will consist of a review of the alleged violation(s), per the Americans with Disabilities Act of 1990 (ADA), and the ADA Amendment Act of 2008 (ADAAA), and Section 504 of the Rehabilitation Act of 1973, and any other pertinent information relative to the grievance. After the meeting, a determination will be made by the Coordinator as to the validity of the alleged violation(s). Appropriate actions will be advised in writing to the student and other college officials involved. This written determination will be provided to the student and College Dean no later than ten days after the initial meeting with the student.
- The institution will have ten days to respond to the alleged violation(s) recommended by the ADA Coordinator.
- The ADA Coordinator will then arrange a meeting with the student to review the measures and actions implemented.
In the event that the student grievance cannot be satisfactorily resolved following the procedures outlined above the student may follow the process outlined on the Student Grievance Form to appeal the decision to the Dean of Student Affairs and the Vice President of Academic & Student Affairs, if necessary. The decision of the Vice President of Academic & Student Affairs is final.
Inquiries may be made externally to:
U.S. Department of Education
Office for Civil Rights (OCR)
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: 800-421-3481
TTY #: 711