Section 100.10  Purpose

 

a)         This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (ADA) (42 USC 12101 et seq.) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 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 Designated Coordinator.

 

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

 

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

 

Section 100.20  Definitions

 

            "Complainant" is an individual with a disability who files a Grievance Form provided by the Office of the Secretary of State under this procedure.

 

            "Designated Coordinator" is the person(s) appointed by the Illinois Secretary of State who is/are responsible for the coordination of efforts of the Office of the Secretary of State to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants.  The Designated Coordinator can be contacted at 196 Centennial Building, Springfield IL  62756. (See 28 CFR 35.107.)

 

            "Grievance" is any complaint under the ADA that is reduced to writing 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 Office of the Secretary of State, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Office of the Secretary of State or has been subject to discrimination by the Office of the Secretary of State.

 

            "Grievance Form" is prescribed for the purpose of filing a grievance under this Section and includes information such as name, address, phone number, nature of the grievance with specificity including date of incident, time, place and witnesses if applicable.

 

Section 100.30  Procedure

 

a)         Grievances must be submitted in accordance with procedures established in 100.40 and 100.50 of this Part defined below in the form and manner as described 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 Designated Coordinator Level and/or the Final Level.

 

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 last response from the Office of the Secretary of State given in the grievance procedure.

 

c)         The Office of the Secretary of State shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

 

Section 100.40  Designated Coordinator Level

 

a)         If an individual desires to file a grievance, the individual shall promptly, but no later than one-hundred eighty (180) days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the Grievance Form prescribed for that purpose.  The Grievance Form must be completed in full in order to receive consideration by the Designated Coordinator.

 

b)         Upon request, assistance in completing the Grievance Form shall be provided by the Office of the Secretary of State.

 

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

 

Section 100.50  Final Level

 

a)         If the grievance is not resolved at the Designated 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 Secretary for final review.  The complainant shall submit these documents to the Secretary, 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 receipt by the complainant of the Designated Coordinator's response.

 

b)         Within fifteen (15) days, the Secretary 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 fifteen (15) days after the last member of the panel is appointed.

 

c)         Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have the 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)         Upon agreement of at least two (2) of the panel members, but not later than fifteen (15) days after the review in Section 100.50(b) above, the panel shall make recommendations in writing to the Secretary 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 make a recommendation to the Secretary in writing and shall sign such recommendation.

 

e)         Within ten (10) days after receipt of recommendation(s) from a panel, the Secretary, or designee, 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 Secretary's decision shall be final.  If the Secretary disapproves or modifies the panel recommendations, the Secretary may include written reasons for such disapproval or modification.

 

f)         The Grievance Form, the Designated Coordinator's response, the statement of reasons for disatisfaction, the recommendations of the panel and the decision of the Secretary shall be maintained in accordance with the State Records Act (Ill. Rev. Stat 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

 

Section 100.60  Accessibility

 

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

 

Section 100.70  Case-By-Case Resolution

 

Each grievance involves a unique set of factors which includes but are 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 or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office of the Secretary of State. 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.