Section 125.10  Purpose

 

a)         This Part establishes the grievance procedure required by 56 Fed. Reg. 35,718 (1991) (to be codified at 28 CFR 35.107) pursuant to Title II of the Americans With Disabilities Act of 1990 (ADA) (42 U.S.C.A. 12131 et seq. (Supp. 1991)) for the purpose of resolving grievances asserted by qualified individuals with disabilities.  Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the designated coordinator.

 

b)         In general, the ADA requires that each program, service and activity offered by the Office of the Attorney General (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intention of the Office to foster open communication with all individuals requesting readily accessible programs, services and activities. The Office encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 125.20  Definitions

 

a)         A "grievance" is any complaint under the ADA by an individual with a disability who:

 

1)         meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office, and

 

2)         believes he or she has been excluded from participation in, or denied the benefits of any program, service or activity of the Office or has been subject to discrimination by the Office, on the basis of his or her disability.

 

b)         A "complainant" is an individual with a disability who files a grievance on the form set out in Appendix A of this Part.

 

c)         The "designated coordinator" is the person(s) appointed by the Attorney General who is/are responsible for the coordination of efforts of the Office to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants.  The ADA Coordinator can be contacted at the Office of the Attorney General, State of Illinois Center, 100 West Randolph, Chicago IL  60601, (312) 814-7123 (voice) (312) 814-3374 (TDD).

 

Section 125.30  Grievances

 

a)         The Office will endeavor to respond to and resolve grievances without the need to resort to the formal grievance procedure established by this Part.  A person who wishes to avail himself or herself of the formal procedure, however, may do so only by filing a grievance within 180 calendar days of the alleged discrimination in the form and manner prescribed in Section 125.40.

 

b)         The Office shall provide a copy of the grievance procedure and the required complaint form to anyone who requests it or expresses a desire to file a formal grievance.

 

Section 125.40  Manner of Filing

 

a)         The filing of a grievance is accomplished by the complainant's submission of a grievance in writing to the designated coordinator on the prescribed form. (See Appendix A.)

 

b)         In order to be deemed filed and to receive proper consideration by the designated coordinator, the grievance form must be completed in full except as otherwise indicated on the form.  The designated coordinator will notify the complainant within ten business days after the receipt of the form if the filing is not complete.  The Office will assist with completion of the grievance form upon request.

 

Section 125.50  Initial Response

 

The designated coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it.  The designated coordinator shall provide a written response to the complainant and the Attorney General within ten (10) business days after receipt of the grievance form.

 

Section 125.60  Review

 

a)         If the grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and designated coordinator's response to the Attorney General for final review.  The complainant shall submit these documents to the Attorney General, together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's written response, within five (5) business days after complainant's receipt of the designated coordinator's response.  The Attorney General will extend the period for submitting the review request and supporting documents for up to ten (10) additional days upon complainant's request.

 

b)         The Attorney General shall appoint a three (3) member panel to review the grievance.  One member so appointed shall be designated chairman.

 

c)         The complainant shall be afforded an opportunity to appear before the panel.  Complainant shall have a right to appoint a representative to appear on his/her behalf.  The panel shall review the designated coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

 

d)         The panel shall make recommendations in writing to the Attorney General as to the proper resolution of the grievance.  All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members.  A dissenting member of the panel may also make a signed, written recommendation to the Attorney General.

 

e)         Upon receipt of recommendations from a panel, the Attorney General shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties.  The Attorney General's decision shall be final.  If the Attorney General disapproves or modifies the panel's recommendations, the Attorney General shall include written reasons for such disapproval or modification.

 

f)         A complainant's failure to appeal the designated coordinator's response for review by the Attorney General within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the coordinator.

 

Section 125.70  Accessibility

 

The Office shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

 

Section 125.80  Case-by-Case Resolution

 

Each grievance involves a unique set of factors which includes but is not limited to:  the specific nature of the disability; the essential eligibility requirements for, the benefits to be derived from, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office.  Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

 

Section 125.APPENDIX A  Grievance Form

 

Grievance

Discrimination Based on Disability

 

It is the policy of the Office of the Attorney General to provide assistance in filling out this form.  If assistance is needed, please ask:

 

ADA Coordinator − Office of the Attorney General

State of Illinois Center, 100 West Randolph

Chicago, Illinois 60601

(312) 814-7123 (Voice) (312) 814-3374 (TDD)

 

Name: _______________________________________________________________________

 

Address:______________________________________________________________________

 

City, State and Zip Code:_________________________________________________________

 

Telephone No._______________

 

Program, Service, or Activity to which Access was Denied or in which Alleged Discrimination occurred:_________________________

 

Date of Alleged Discrimination: ________________________

 

Nature of Alleged

Discrimination:_________________________________________________________________

 

(Attach additional sheets, if necessary.  If the grievance is based on a denial of requested reasonable modification, please fill out the back of this form.)

 

I certify that I am qualified or otherwise eligible to participate in the program, service or activity and the above statements are true to the best of my knowledge and belief.

 

 

Signature		Date

 

Please give to the ADA Coordinator at the address listed above.

 

For Office Use Only

 

Date Received: ___________________         By: ______________________________

 

(BACK OF FORM)

 

Please fill out this part of the form if this grievance is based upon the denial of a requested reasonable modification.  A reasonable modification will be made to make programs, services and activities accessible.  Reasonable modifications could include such things as providing auxiliary aids and devices and changing some policies and requirements to allow an individual with a disability to participate.  This portion of the form should be filled in to the extent you know the answers.  The form may be submitted even if this portion is incomplete.

 

Reasonable modification requested:

 

The date the reasonable modification was requested:

 

The person to whom the request was made:

 

The reason for denial:

 

Estimated cost of modification (if an assistive device, such as a TDD or optical reader, or commodity or service to which a cost is readily known):

 

Why is the requested modification necessary to use or participate in the program, service or activity?

 

Alternative modifications which may provide accessibility:

 

Any other information you believe will aid in a fair resolution of this grievance.