Equal Opportunity/Affirmative Action Office
Purdue University North Central
Office of the Chancellor
Administrative Memorandum No. 5-01
November 26, 2001
Policies and Procedures for Americans with Disabilities Act of 1990
BACKGROUND AND SUMMARY
The Americans with Disabilities Act of 1990 was enacted on July 26,1990, in an effort "to provide a clear and comprehensive mandate for the elimination of discrimination against individuals with disabilities" (42 U.S.C. § 12101 (b) (1)). Purdue University is subject to the requirements of the Americans with Disabilities Act of 1990 as a "public entity" per the standards set forth in Title H of the Act.
Title II of the Americans with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities in services, programs and activities. The effective date of Title II was January 26, 1992. Purdue is also prohibited from discriminating against qualified individuals with disabilities in its employment practices pursuant to Title I of the Americans with Disabilities Act of 1990. The effective date of Title I was July 26, 1992.
Responsibility for coordinating compliance by Purdue University with the requirements of the Americans with Disabilities Act of 1990 resides with Purdue's Vice President for Human Relations.
ADA NONDISCRIMINATION POLICY
Purdue University is committed to the purposes and policies of the Americans with Disabilities Act of 1990. The University has been covered by Sections 503 and 504 of the Rehabilitation Act of 1973, and has had in place policies and procedures to prevent and prohibit discrimination against persons with disabilities. These policies and procedures are amended to comply with the requirements of the Americans with Disabilities Act of 1990.
Subject to Title II of the Americans with Disabilities Act of 1990, and the regulations promulgated thereunder, from and after January 26, 1992, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of Purdue University, or be subjected to discrimination by Purdue University.
Further, subject to Title I of the Americans with Disabilities Act of 1990 and the regulations promulgated thereunder, from and after July 26, 1992, Purdue University shall not discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
AVAILABLE INFORMATION
Purdue University North Central will make available to applicants, students, faculty, staff, participants, beneficiaries, and other interested persons information regarding the provisions of the Americans with Disabilities Act of 1990 and the regulations promulgated thereunder, and the applicability of same to the services, programs and activities of Purdue University North Central. Requests for such information should be directed to Patricia A. Carlisle, Special Assistant to the Chancellor.
STUDENT GRIEVANCE PROCEDURES
In the event that specific complaints arise regarding the University's compliance with particular provisions of the Americans with Disabilities Act of 1990, as amended, an individual with a potential grievance is encouraged to work with the Purdue University North Central personnel most closely involved, in an effort to resolve the matter informally. The following procedure has been developed for use by students at Purdue University North Central for purposes of the Americans with Disabilities Act of 1990:
"Grievance" as used in this procedure means a written complaint by any student who believes that he or she is a qualified individual with a disability who has been adversely affected by an improper application of one or more University rules, regulations or policies, or by specified improper actions of any individual affiliated with the University in the capacity of faculty member, administrative or professional staff, or clerical or service staff.
"Student" as used in this procedure includes persons (1) who are registered for classes at Purdue University North Central at the time a grievance pursuant to this policy is initiated; (2) who were registered for classes at Purdue University North Central at the time the adverse occurrence that gave rise to the grievance occurred; (3) who have an offer of admission to Purdue University North Central; and (4) who have sought admission to Purdue University North Central. "Student" includes undergraduate and graduate students at Purdue University North Central.
Step One
A. If informal discussion with appropriate University personnel does not resolve the complaint, the student may submit a written grievance to the Dean of Students within 45 days of the event(s) which trigger(s) the grievance. The written grievance must include:
1) a statement of which University rule(s), regulation(s), policy(ies), and/or action(s) the student believes have been violated;
2) the date(s) such violation occurred;
3) the names of all the University employees involved; and
4) a summary of the action(s) the student has taken to resolve the matter informally.
B. The Dean of Students or an individual designated in writing by the Dean of Students, shall meet with the student within 10 working days of the receipt of the complaint.
C. If this meeting does not resolve the grievance, the Dean of Students or designee, shall conduct an informal investigation of the subject complaint with the objective of resolving the grievance. The Dean of Students or designee shall furnish the student with a written response to the student's complaint within 30 working days of the meeting with the student.
D. A written response will be mailed to the student by certified mail, return receipt requested. If the grievance involves a dispute regarding the conduct or the requirements of a course, or of an academic program, a copy of the written response issued by the Dean of Students will be provided to the section head, and, when applicable, to the professor responsible for the course.
Step Two
A. If the student is not satisfied with the written response of the Dean of Students or designee, the student may present his/her grievance in written form to the Vice Chancellor for Academic Affairs within 10 working days after receipt of the response from the Dean of Students or designee. The grievance presented will be limited to those matters raised in the student's grievance to the Dean of Students pursuant to step one of this procedure.
B. The Vice Chancellor for Academic Affairs, or an individual designated in writing by the Vice Chancellor for Academic Affairs within 15 working days after receipt of the grievance, shall schedule and conduct a meeting with the grieving student and/or any other persons involved with the subject grievance.
If the subject of the grievance is the responsibility of another Vice Chancellor, or other senior administrator, the Vice Chancellor for Academic Affairs or designee, shall request the participation of that administrator in the meeting.
C. The Vice Chancellor for Academic Affairs or designee (and other administrator(s), if appropriate), shall discuss the facts and issues involved in the grievance, with the persons appearing at such meeting, and shall prepare and submit his/her decision or answer to the grieving student, in writing, within 15 working days after the completion of the meeting and discussion. The Step Two answer or decision shall be final.
D. If the grievance involves a dispute regarding the conduct or the requirements of a course, or of an academic program, a copy of the written decision issued by the Vice Chancellor of Academic Affairs will be provided to the section head for the affected course or academic program, and, when applicable, to the professor responsible for the course.
James B. Dworkin
Chancellor
cc: Full-time Faculty
Student Government
Equal Opportunity/Affirmative Action Office
