Procedure 1B.4.3 - Americans with Disabilities Act (“ADA”) Title II (non-employee) Reasonable Accommodation/Modification in Public Programs, Services, or Activities Requests, and Academics, or Employment

Part 1: Purpose

This Grievance Procedure is established to meet the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of programs, services, activities, or benefits by Lake Superior College (LSC).  This procedure also clarifies the process for Employees, Applicants, and Students to appeal the denial of a request for accommodation.

Part 2: Procedure

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

Subpart A: Employee and Applicant

Employee and Applicant complaints should be submitted by the grievant and/or designee as soon as possible but no later than 60 calendar days after the alleged violation to LSC’s ADA Coordinator.

Jestina Vichorek
ADA Coordinator
Associate Vice President of Human Resources
2101 Trinity Road
Duluth, MN 55811

Phone:  (218) 733-7677

  1. Within 15 calendar days after receipt of the complaint, the LSC ADA Coordinator or their designee will meet or communicate with the grievant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting or communication, the LSC ADA Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the grievant. The response will explain the position of Lake Superior College and offer options for substantive resolution of the complaint.
  2. If the response by the LSC ADA Coordinator or their designee does not satisfactorily resolve the issue, the grievant and/or their designee may appeal the decision within 15 calendar days after receipt of the response to the College President or their designee.

    Patricia L. Rogers, Ph.D.
    College President
    2101 Trinity Road
    Duluth, MN 55811

    Phone:  (218) 733-7614

  1. Within 15 calendar days after receipt of the appeal, the College President or their designee will meet with the grievant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the College President or their designee will respond in writing, and, where appropriate, in a format accessible to the grievant, with a final resolution of the complaint.
  2. All written complaints received by the LSC ADA Coordinator or their designee, appeals to the College President or their designee, and responses from these two offices will be retained by Lake Superior College for at least three years.

Subpart B:  Students, Community Members, or the General Public Regarding Requests to Programs, Services, Activities

  1. All Students, Community Members, or General Public complaints should be submitted by the grievant and/or designee as soon as possible but no later than 60 calendar days after the alleged violation to the LSC Disabilities Services Coordinator.

    Chloe Tralle
    Disabilities Services Coordinator
    2101 Trinity Road
    Duluth, MN 55811

    Phone: (218) 733-7650

  1. Within 15 calendar days after receipt of the complaint, the Disabilities Services Coordinator or their designee will meet or communicate with the grievant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting or communication, the Disabilities Services Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the grievant. The response will explain the position of Lake Superior College and offer options for substantive resolution of the complaint.
  2. If the response by the Disabilities Services Coordinator or their designee does not satisfactorily resolve the issue, the grievant or their designee may appeal the decision within 15 calendar days after receipt of the response to the Dean of Students or their designee.

    Wade Gordon
    Dean of Students
    2101 Trinity Road
    Duluth, MN 55811

    Phone:  (218) 733-7656

  1. Within 15 calendar days after receipt of the appeal, the Dean of Students will meet with the grievant to discuss the grievant and possible resolutions. Within 15 calendar days after the meeting, the Dean of Students or designee will respond in writing, and, where appropriate, in a format accessible to the grievant, with a final resolution of the complaint.
  2. All written complaints received by the Disabilities Services Coordinator or their designee, appeals to the Dean of Students or their designee, and responses from these two offices will be retained by Lake Superior College for at least three years.

Part 3: Statutory Right to File

Individuals wishing to exercise their statutory right to file a charge with the Equal Employment Opportunity Commission or the Minnesota Department of Human Rights may do so.

Related Documents:

History

1B.4 related procedures previously included in policy 1B.4. Updated Policy 1B.4 to policy only. Created new related procedure 1B.4.1 Reasonable Accommodation in Employment, March 2022 (review ongoing). Created new related procedure 1B.4.2 Reasonable Accommodation for Students (in process), created related Grievance Procedure 1B.4.3 Americans with Disabilities Act (“ADA”) Title II (non-employee) Reasonable Accommodation/Modification in Public Programs, Services, or Activities Requests, and Academics, or Employment created March 2022 (review ongoing)

Date Implemented: Policy 1B.4 implemented May 3, 2001

Date Reviewed/Updated: December 2020; July 2022 (review ongoing)

President's Signature Date: September 22, 2022

President's Signature