TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.10 PURPOSE
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)
 | TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.20 DEFINITIONS
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)
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.30 PROCEDURE
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)
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.40 ADA COORDINATOR LEVEL
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)
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.50 FINAL LEVEL
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)
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.60 ACCESSIBILITY
Section 1050.60
Accessibility
The Board shall ensure that all
stages of the procedure are accessible to and usable by individuals with
disabilities.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXIX: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1050
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1050.70 CASE-BY-CASE RESOLUTION
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)
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