SECTION 504 COMPLIANCE GRIEVANCE FORM

It is the policy of Penn State not to discriminate on the basis of disability. Penn State has an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance. Alan Finnecy, ADA Coordinator, phone 814-863-0471, 328 Boucke Building, University Park, PA 16802, has been designated Penn State’s Section 504 Coordinator. The regulations are available on-line at:  http://www2.ed.gov/about/offices/list/ocr/disabilityoverview.html

Any person, including a student or employee, who believes she or he has been subjected to discrimination on the basis of disability, including as a result of actions of a third party who is not a student or employee of the University, may file a grievance under this procedure. It is against the law for Penn State to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. This grievance procedure may be used for complaints of discrimination arising from actions of Penn State, its employees and agents, and students enrolled at Penn State.

Procedure:

• Grievances must be submitted to the Section 504 Coordinator within 180 calendar days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
• A complaint should be in writing, containing the name, a United States mail address and, if available, an electronic mail address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
• The complaint should be submitted to Alan Finnecy, ADA/504 Coordinator, and may be mailed or personally delivered to 328 Boucke Building, University Park, PA 16802, or submitted via email to adainfo@psu.edu or asf1@psu.edu.
• The Section 504 Coordinator (or designee) shall conduct an investigation of the complaint. This investigation may be informal if the complainant agrees to pursue an informal resolution of the complaint. Otherwise, the investigation will be formal and afford all interested persons an opportunity to submit evidence and witnesses relevant to the complaint. The investigation will be adequate, reliable and impartial. The Section 504 Coordinator will maintain the files and records of Penn State relating to such grievances.
• The Section 504 Coordinator will issue a written decision on the grievance, including the basis for such decision, no later than 60 calendar days after its filing.
• A copy of the decision shall be furnished to the person filing the grievance and any respondent party.
• A person aggrieved by the decision may appeal the decision of the Section 504 Coordinator by writing to the Associate Vice President for Equal Opportunity and Access​ within 15 calendar days of receiving the Section 504 Coordinator’s decision. The Associate Vice President for Equal Opportunity and Access shall issue a written decision in response to the appeal no later than 30 calendar days after its filing.
• The Associate Vice President for Equal Opportunity and Access will be responsible for monitoring the implementation of corrective actions of Penn State, its employees and agents, and students which may be required as a result of the final decision. The University will take such steps as are necessary to prevent the reoccurrence of any prohibited actions and to correct its discriminatory effects on the complainant and others.
• The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U. S. Department of Education’s Office for Civil Rights.

Penn State will make appropriate arrangements to ensure that persons with disabilities are provided reasonable accommodations, if needed, to participate in this grievance process. Examples of such arrangements may include, but are not limited to, providing interpreters for the deaf, providing audio files or materials in braille for the blind, or assuring a barrier-free location for meetings. The Section 504 Coordinator will be responsible for such arrangements.

Confidentiality Statement

The University has a duty to respond to allegations of discrimination (including sexual harassment) and therefore cannot guarantee absolute confidentiality once allegations are disclosed to University officials. The confidentiality of information disclosed during the course of investigations or informal resolution efforts will be respected to the extent feasible and practical. This means that information about the complaint is shared only with those individuals within the University community who “need to know” in order to effectively investigate and/or resolve the complaint. Parties with a need to know may include witnesses or University officials who need to be informed of the complaint in order to cooperate with an investigation or to implement resolution. These parties will be advised that they should keep the information confidential in the best interests of all parties.