ADA
Information/Complaints
Complaint Procedures for Faculty, Staff, Visitors, or Applicants
for Employment
1. Step 1 -- Filing
a. Faculty, staff, visitors, or applicants for employment with
complaints against
UTPA alleging discrimination on the basis of disability shall provide
complaints in writing to The University of Texas-Pan American,
ADA
Coordinator, 1201 W. University Drive, Edinburg, TX 78539, (956)
381-
2127. Written complaints shall be referred to the Coordinator if
received by
other persons within the institution. The complaint shall be made
as soon as
possible after the action complained of occurs, but in no case
later than ten
working days after such occurrence. The deadline for bringing a
complaint
can be waived for good cause as determined by the ADA Coordinator.
A
complaint must contain the name and address of the person filing
it, a brief
description of the alleged violation, and any documents supporting
the
complaint.
b. The ADA Coordinator shall investigate the complaint. A written
statement
containing the determination and/or a suggested resolution shall
be sent to the
complainant within fifteen working days of receipt of the complaint.
c. The ADA Coordinator shall maintain all records related to the
complaint.
2. Step 2 -- Appeal
a. Faculty and Faculty Candidates
If the complainant is not satisfied with the decision of the ADA
Coordinator, a
written appeal stating why the decision is incorrect may be made
to the
Provost/Vice President for Academic Affairs within ten working
days of the
receipt of the determination statement from the ADA Coordinator.
b. Staff, Administrative Employees or Job Applicants
If the complainant is not satisfied with the decision of the ADA
Coordinator, a
written appeal stating why the decision is incorrect may be made
to the Vice
President for Business Affairs within ten working days of the receipt
of the
determination statement from the ADA Coordinator.
c. Review by Vice President
All written appeals must contain the name and address of the person
filing it and
a description of the reason for appeal.
The respective Vice President shall review the determination of
the ADA
Coordinator and send a written decision to the appellant within
a reasonable
time, not to exceed thirty working days from the date of receipt.
The Vice
President can extend the response time (not to exceed ten working
days) by
notifying the appellant in writing.
d. The decision of the Vice President shall be final.
Complaint Procedures for Students, Applicants for Admission, or
Other Beneficiaries of
UTPA Programs or Activities
1. Step 1 -- Filing
a. Students, applicants for admission, or persons attending or
participating in
programs or activities of UTPA with complaints alleging violations
of Title II of
the Americans with Disabilities Act and Section 504 of the Rehabilitation
Act of
1973 shall file complaints in writing with the ADA Coordinator
or a designee. A
complaint shall contain the name and address of the person filing
the complaint,
a brief description of the alleged violation, and documents supporting
the
complaint. The ADA Coordinator will assist persons with disabilities
in filing
their complaint.
b. Complaints must be filed within thirty calendar days after the
complainant
becomes aware of the alleged violation.
c. The ADA Coordinator, or a designee, will appropriately investigate
the
complaint. This procedure is informal and will afford interested
persons an
opportunity to submit evidence relevant to the complaint.
d. The ADA Coordinator shall issue a written determination regarding
the
complaint within a reasonable time after receipt of the complaint.
The
Coordinator shall forward a copy to the complainant.
e. The ADA Coordinator shall maintain the files and records related
to the
complaint.
2. Step 2 -- Appeal
a. If the complainant is not satisfied with the decision of the
ADA Coordinator, a
written appeal stating why the decision is incorrect may be made
to the Vice
President for Enrollment and Student Services within ten working
days of the
receipt of the determination statement from the ADA Coordinator.
The appeal
must contain the name and address of the person filing it and a
description of the
reason for the appeal. The Vice President shall review the determination
of the
ADA Coordinator and send a written decision to the appellant within
a
reasonable time, not to exceed thirty working days from the date
of receipt.
The Vice President can extend the response time (not to exceed
ten working
days) by notifying the appellant in writing.
b. The decision of the Vice President shall be final as to the
grievance
process.
Failure to Proceed With or Process a Grievance
Failure of a complainant to process his or her grievance to the
next step within the specified
time limit shall constitute abandonment of the complaint, unless
an extension has been
approved. Failure of University personnel to give an answer within
the prescribed time limit,
unless an extension has been previously granted, authorizes the
complainant to process his or
her complaint to the next step.
Review
This policy shall be reviewed by the ADA Coordinator and the Vice
President for Enrollment
and Student Services every three years.
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