Student Disability Grievance Procedure

If a student of Gardner-Webb University believes he or she has been discriminated against based on a disability or has a complaint or concern regarding accommodations/services, the student has the option of bringing the concern to the staff of the Noel Center for Disability Resources. If the issue cannot be resolved at this level, the grievant may file a complaint following the grievance policy as outlined below.

Notice of Non-Discrimination

Gardner-Webb University is committed to ensuring that no otherwise qualified individual with a disability is excluded from participation in, subjected to discrimination in connection with, or denied the benefits of any University programs or activities due to his or her disability. The University will take steps to prevent the recurrence of any discrimination and to correct discriminatory effects on the affected individual and others, if appropriate.

The University has adopted this internal Student Disability Grievance Procedure to provide for the prompt and equitable resolution of student complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (“Section 504”) or Title III of the Americans with Disabilities Act (“Title III”) or otherwise alleging disability-related discrimination, retaliation, or harassment. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance, and Title III prohibits discrimination on the basis of disability by private entities (including universities) that provide places of public accommodation. These laws and accompanying regulations may be examined in the office of the ADA Coordinator, whom the University has designated to coordinate its efforts to comply with Section 504 and Title III. The following is the ADA Coordinator’s contact information:

Lesley Villarose, M.Ed
Vice President for Student Development and Dean of Students
Interim Title IX Coordinator and ADA Coordinator
(704) 406-2081
[email protected]

Disability Accommodations

The University will make arrangements to ensure that students with disabilities are provided accommodations as may be required by law in order to facilitate the student’s ability to participate in this Student Disability Grievance Procedure. Requests for accommodations must be made to the Noel Center for Disability Resources at (704) 406-4271 or  [email protected]. The Noel Center will review the supporting disability-related documentation, make a decision about the request, notify the student and the officials involved in the grievance process about the decision, and, if applicable, make arrangements for approved accommodations.

Who May File a Grievance?

Any student currently enrolled at the University who believes they have been illegally discriminated against, retaliated against, or harassed on the basis of disability by a University employee (e.g., administrator, faculty, staff, or other agent of the University), University student, or, in certain circumstances, by a visitor to the University, may use this process to file a grievance (the “Grievant”).

Informal Grievance Resolution Process

The purpose of the informal grievance resolution process is to make a good faith effort to resolve the issue quickly and efficiently. A student initiates the informal process by contacting the Director of the Noel Center for Disability Resources:

Cheryl Potter
Director of Noel Center for Disability Resources
(704) 406-4271
[email protected]

If the complaint is against the Director or anyone supervised by the Director, then the ADA Coordinator will designate another University official to serve in that role (“Designee”) The Director/Designee will attempt to facilitate an informal resolution through application of the ADA and the policies and procedures of the Noel Center, which may include requesting additional information from medical providers, consultation with those against whom the complaint is addressed and all other measures to provide the Grievant with any accommodation they may be entitled to under law, regulation or University policy.

Students are not required to pursue the informal process first and may at any time engage the formal grievance process as their first step if preferred. Notwithstanding any other provision herein, the University requires all students seeking accommodations to cooperate with the Noel Center and comply with its policies, procedures, and requests for information as a condition of receiving a reasonable accommodation. The student has the right to disagree with the Noel Center’s decision and challenge it pursuant to this policy.  However, the student does not have the right to bypass the Noel Center.  If the student commences the formal grievance procedure without first being fully evaluated by the Noel Center, then the student may be required to be evaluated by the Noel Center before a decision on the formal grievance is rendered.  Without that learned evaluation the ADA Coordinator may not have sufficient information to render a fair and lawful decision.

Formal Grievance

A student may at any time initiate a formal grievance. A formal grievance must be filed with the ADA Coordinator within 21 calendar days of the date of the Informal decision, (if the student pursued the informal resolution pathway), or within 30 calendar days of the occurrence of the disability-related issue (if the student did not pursue informal resolution). The grievance must be in writing and include the following:

  • The grievant’s name, address, email address and phone number
  • A full description of the situation giving rise to the grievance, including why the student feels they are being discriminated against (or how the decision is unreasonable if it is a denial of a requested accommodation)
  • A description of the efforts which have been made to resolve the issue informally, if any
  • Name of the individual(s) against whom the grievance is being made
  • A statement of the requested outcome, e.g. requested accommodation

If the grievance involves confidential medical information, the ADA Coordinator will maintain the confidentiality of that information and will not release that information without the individual’s permission, except as allowed by law.

The ADA Coordinator will review the grievance for timeliness and completeness under this grievance procedure. The ADA Coordinator will accept the grievance if it is timely and contains the required information and shall further notify the grievant in writing that the grievance has been accepted. If the grievance is untimely, the ADA Coordinator will notify the grievant of this fact and dismiss the grievance.  If the grievance is timely but does not contain all the required information, the ADA Coordinator will notify the grievant of any such deficiencies in writing and request the necessary additional information.  The grievant will then have 10 calendar days to provide all the required information.  If the grievant fails to do so, then the ADA Coordinator will dismiss the grievance and notify the grievant in writing. Any dismissals under this paragraph shall constitute the final decision of the University as to the matters raised in the grievance.

If the grievance is accepted, the ADA Coordinator will either promptly commence an investigation themselves or will select an investigator who is trained on disability or civil rights law. In undertaking the investigation, the ADA Coordinator or investigator may interview, consult with and/or request a written response to the issues raised in the grievance from any individual believed to have relevant information, including but not limited to the Noel Center, faculty, staff, students, and visitors to Gardner-Webb University. If the student has not yet been fully evaluated by the Noel Center, the ADA Coordinator/investigator may require that the student be fully evaluated and that the results be provided to the ADA Coordinator/investigator as a condition of being allowed to continue the grievance process. The grievant and other interested parties will have an opportunity to provide the investigator with information or evidence that they believe is relevant to the issues raised in the grievance. All parties involved will receive a fair and equitable process and be treated with care and respect. The Coordinator/investigator will respect the privacy of all parties to the extent allowed by law and consistent with the purposes of this policy.

In most cases, the investigation will be completed within thirty calendar days of the filing of the written complaint. At the request of the grievant, the ADA Coordinator will determine whether the formal grievance process can and should be expedited.

Findings and Notification

Within 10 working days, or as expeditiously as possible, of the completion of the investigation, the ADA Coordinator/investigator will make a recommendation regarding appropriate actions to be taken. The recommendation will contain a summary of the evidence that supports the recommendation, and the grievant will be advised in writing of the outcome of the investigation. 

Appeal

Within 10 calendar days of receiving the recommendation of the ADA Coordinator/investigator, the grievant or the party against whom the grievance is directed, if any, may appeal the recommendation in writing to the ADA Coordinator. The grounds for appeal are limited to  improper procedure or new evidence that was unavailable at the time of the investigation. The ADA Coordinator will refer the appeal to a University official trained in disability or civil rights issues (“Appeal Officer”). The Appeal Officer may seek advice and counsel from the University Counsel with regard to applicable law. The Appeal Officer will make an initial determination of whether the appeal is timely and whether the individual appealing the decision has stated one or both of the grounds for appeal. If the appeal is untimely or fails to state one or both of the grounds for appeal, then the Appeal Officer will dismiss the appeal and the recommendation of the ADA Coordinator shall become the final decision of the University.

If the appeal is timely and states one or both of the grounds for appeal, then the Appeal Officer shall review the written record and determine whether to uphold, modify or reverse the recommendation of the Coordinator/investigator. The Appeal Officer may decide the matter by reference to the written record only. The Appeal Officer may, but is not required to, meet with the grievant and/or other interested parties. In most cases, the ADA Coordinator will provide the person appealing with a copy of the written appeal decision within 10 calendar days of the filing of the appeal. The appeal decision will be the final decision of the University. The student also may file a complaint with the U.S. Department of Education, Office of Civil Rights, at any time before, during or after the initiation of this grievance process.

Updated 11/2024