Policy 3.3: Americans with Disabilities Act

Effective Date: Wed, May 05, 1993

Haywood Community College has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans With Disabilities Act. Title II states in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.

Complaints should be addressed to: Personnel Officer, Haywood Community College, Freedlander Drive, Clyde, NC 28721, who has been designated to coordinate ADA compliance efforts.

  1. A complaint should be filed in writing if possible and contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
  2. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation.
  3. An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be conducted by the ADA Compliance Officer of HCC. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives an opportunity to submit relevant evidence.
  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the HCC ADA Compliance Officer and a copy forwarded to the complainant no later than 45 days after its filing.
  5. The ADA Compliance Officer shall maintain files and records of HCC relating to the complaints filed.
  6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within 30 days to the President of HCC.
  7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as filing an ADA complaint with the proper federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
  8. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that HCC complies with the ADA.
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