Section 1050.10  Purpose

 

a)         This Americans With Disabilities Act Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) ("ADA"), and specifically Section 35.107 of the Title II regulations (28 CFR 35), requiring that a grievance procedure be established to resolve 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 ADA Coordinator.

 

b)         In general, the ADA requires that each program, service, and activity offered by the Board, when viewed in its entirety, be readily accessible to and usable by a qualified individual with disabilities.

 

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

 

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)

 

Section 1050.20  Definitions

 

            "Board" is the Illinois Community College Board.

 

            "Complainant" is an individual with a disability who files a Grievance Form provided by the Board under this procedure.

 

            "ADA Coordinator" is the chief human resource officer of the Board who is responsible for the coordination of efforts of the Board to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  The ADA Coordinator for the Board may be contacted at 401 E. Capitol Ave.,  Springfield IL  62701 or by telephone at 217-785-0123.  (See 28 CFR 35.107.)

 

"Disabilities" has the meaning ascribed in the Americans With Disabilities Act.

 

            "Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Board, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Board or has been subject to discrimination by the Board.

 

"Grievance Form" is the form prescribed for use in filing a grievance pursuant to this Part.  It includes information such as the complainant's name, address and telephone number; the nature of the grievance, including the date, time and place of the incident; and any witnesses.

 

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)

 

Section 1050.30  Procedure

 

a)         Grievances must be submitted in accordance with procedures established in 1050.40 and 1050.50, in the form and manner described and within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner.  Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the ADA Coordinator and Final Levels.

 

b)         A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the Board's last response given in the grievance procedure.

 

c)         The Board shall, upon being informed of the individual's desire to make a formal grievance, instruct the individual on the process of filing the grievance.

 

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)

 

Section 1050.40  ADA Coordinator Level

 

a)         If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the ADA Coordinator in writing on the Grievance Form.  The Grievance Form must be completed in full to receive proper consideration by the ADA Coordinator.

 

b)         Upon request, assistance shall be provided by the Board to complete the Grievance Form.

 

c)         The ADA Coordinator, or his or her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it.  The ADA Coordinator shall provide a written response to the complainant and the Executive Director within 15 business days after receipt of the Grievance Form.

 

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)

 

Section 1050.50  Final Level

 

a)         If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director of the Board for final review.  The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within five business days after receipt by the complainant of the Designated Coordinator's response.

 

b)         Within 15 business days, the Executive Director shall appoint a three-member panel to review the grievance at the Final Level.  One member so appointed shall be the designated chairperson.  The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

 

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

 

d)         Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make a recommendation in writing to the Executive Director as to the proper resolution of the grievance.  All such recommendations shall include reasons for the recommendations and shall bear the signatures of the concurring panel members.  A dissenting member of the panel may make a signed recommendation to the Executive Director.

 

e)         Within 15 business days after receipt of recommendations from the panel, the Executive Director shall approve, disapprove or modify the panel recommendations; render a decision on that recommendation in writing; state the basis for his or her action; and cause a copy of the decision to be served on the parties.  The Executive Director's decision shall be final.  If the Executive Director disapproves or modifies the panel recommendations, written reasons for the disapproval or modification shall be included in the Executive Director's written decision.

 

f)         The Grievance Form, the ADA Coordinator's response, the statement of the reasons for dissatisfaction, the recommendation of the panel, and the decision of the Executive Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

 

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)

 

Section 1050.60  Accessibility

 

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

 

Section 1050.70  Case-By-Case Resolution

 

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity, or cause undue hardship for the Board.  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.

 

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)