Legal Affairs Policies

I. Justification and Statement of Policy

It is the policy of Franklin & Marshall College (F&M) not to discriminate on the basis of Disability. F&M has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) of the U.S. Department of Health and Human Services regulations implementing the Act. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance.

II. Scope

This policy applies  to complaints of discrimination or harassment on the basis of disability by staff, faculty, students and applicants for both college employment and academic admission, vendors, contractors, and third parties.

III. Definitions

• Grievance: a complaint of discrimination or harassment on the basis of disability

• Grievant: the person filing the grievance

• Respondent: the person against whom the grievance is made

IV. Policy

It is the policy of Franklin & Marshall College (F&M) not to discriminate on the basis of Disability. F&M has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) of the U.S. Department of Health and Human Services regulations implementing the Act. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance. The Law and Regulations may be examined in the office of Katharine Buchkoski, Ph.D., Director of Title IX and ADA Compliance, 717-358-7178, who has been designated to coordinate the efforts of F&M to comply with Section 504. 

Franklin & Marshall College (F&M) prohibits discrimination against any individual on the basis of physical or mental disability. This policy extends to all rights, privileges, programs and activities, including housing, employment, admissions, financial assistance, educational and athletic programs. It is also the policy of F&M to provide reasonable accommodations to persons with disabilities unless such accommodations would impose an undue burden or fundamental alteration to the program in question. The purpose of these procedures is to ensure that all complaints of discrimination based on disability are thoroughly and fairly investigated by the College. 

Any person who believes to have been subjected to discrimination on the basis of disability may file a grievance under this procedure. F&M will conduct a fair and impartial internal investigation of all allegations of discrimination, with due regard for the rights of all parties. Retaliation against any individual who has filed a complaint of discrimination, or who has cooperated in the investigation of such a complaint, is unlawful and in violation of F&M policy. 

These procedures apply to complaints of discrimination or harassment on the basis of disability by staff, faculty, students and applicants for both college employment and academic admission, vendors, contractors, and third parties. Such a complaint is referred to in these procedures as a “grievance.” The person filing the grievance is referred to as the “grievant.” The person against whom the grievance is made is referred to in these procedures as the “respondent.”

Procedure

1. Informal Process
   
   Before filing a formal complaint with the College, individuals are asked to make a good faith effort to speak directly with the appropriate individual to resolve concerns. Typically, for students this would be the Director of Student Accessibility Services; for faculty their department chair and for staff , their department head. If an individual does not feel comfortable speaking to the above noted individuals, employees may speak with Human Resources and students with the Director of Title IX and ADA Compliance.
   
   
2. Formal Grievance Process
   
   When a grievant believes that they have been discriminated against on the basis of disability, they may file, in writing, a formal grievance with the Director of ADA Compliance, who is the College’s compliance officer for Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).  The grievant is encouraged to file as soon as possible as the passage of time between the date of the alleged unfair or discriminatory conduct and the filing of a complaint may impair the College’s ability to look into the complaint and provide appropriate relief. Complaints must be made in writing and should include a description of the nature of the alleged unfair or discriminatory conduct and the parties. The statement should be as specific as possible regarding the actions(s) or inaction(s) that precipitated the grievance: date, place, persons involved, efforts made to settle the matter informally, and the remedy sought.  Investigations will be conducted as expeditiously as possible and are usually completed within 30-60 days, though this may vary based on the availability of witnesses, the scope of the investigation or unforeseen circumstances. The Director of ADA Compliance, or designee, will investigate such complaints in accordance with College policy and provide a written response to the complainant. In conducting this investigation, the investigator may forward a copy of the grievance statement to the persons whose actions (or inactions) are the subject of the grievance, and may request a written response from appropriate individuals in the College. The grievant will have the opportunity to describe their allegations and present supporting witnesses or other evidence. The respondent will have the opportunity to respond to each allegation and present supporting witnesses or other evidence. The investigator will review evidence presented and will meet with additional witnesses identified by the grievant, the respondent, or third parties, as determined appropriate by the investigator. All parties involved in the investigation are expected to cooperate and provide truthful information throughout the investigation process.
   
   During the investigation process, both the grievant and the respondent may have a non-attorney support person from the College community. The support person must be a member of the F&M community (faculty, staff, or student), cannot be a family member, and cannot be a potential witness in the matter or another grievant or respondent in the same or a related matter. The support person does not serve as an advocate on behalf of the grievant or respondent and must agree to maintain the confidentiality of the investigative process. Witnesses and others involved in an investigation are not entitled to have a support person accompany them to interviews. Since investigations are internal College proceedings, the persons involved may not have legal counsel present at any interview during the investigation.
   
   After completing the investigation, the investigator will forward a copy of a report and recommendation to the appropriate College official. If the complaint arises out of an academic matter, the report will be sent to the Provost. If the complaint arises from a nonacademic area, the report will be forwarded to the appropriate administrative head of the area, unless they are the subject of the grievance. In such cases, the report will be forwarded to the Associate Vice President, Human Resources, who will forward it to the appropriate officer of the College.
   
   Within sixty (60) days of the filing of the grievance, the Provost, dean, or administrative head will render a decision on the merits of the grievant’s complaint. If resolution is not possible within sixty (60) days, the Provost, dean, or administrative head shall inform the grievant of the status of the investigation.
   
   Copies of the decision by the Provost, dean, or administrative head will be sent to the grievant, the Provost (when not issued by the Provost), and the Director of Disability Services. A copy may also be sent to the department and/or the persons whose actions (or inactions) are the subject of the grievance, as appropriate.
   
   
3. Appeal
   
   In the event that the grievant is not satisfied with the resolution of the grievance, an appeal may be made. The appeal should be filed with the Director of ADA Compliance who will direct the appeal and all appropriate records to the appropriate office of the College for review and disposition. The appeal must be made within ten (10) business days of the grievant’s receipt of the determination. An appeal must be in writing and specify the substantive and/or procedural basis for the appeal. The Director of ADA Compliance, will review the appeal and issue a written decision, which shall be final and not subject to further appeal. The Director of ADA Compliance may delegate the review of an appeal to a designee if the Director of ADA Compliance conducted the investigation. The decision will be issued within a reasonable period of time, generally no longer than ninety (90) days after receipt of the appeal.
   
   Copies of the decision will be maintained in the Director of ADA Compliance’s office for seven years.
   
   These procedures shall constitute the grievance procedure mandated by regulations implementing Section 504 of the Rehabilitation Act.
   
   Questions about the F&M’s Grievance Policy and Procedure in Cases of Alleged Disability Discrimination should be addressed to the Director of ADA Compliance.
   
   Exceptions to these procedures may be granted by the Director of ADA Compliance or designee.
   
   
4. Confidentiality
   
   F&M cannot ensure total confidentiality in its investigation of grievances filed under these procedures; however, F&M makes every reasonable effort to conduct investigations and related proceedings in a manner that protects the privacy of all parties. Each situation is reviewed as discreetly as possible, with information shared only with those who need to know about it in order to investigate and resolve the problem. All participants in an investigation will be advised that they should keep the grievance and the investigation confidential.
   
   
5. Retaliation
   
   Retaliation is strictly prohibited and F&M prohibits retaliation against anyone for inquiring about suspected breaches of campus policy, registering a complaint pursuant to its policies, assisting another in making a complaint or participating in an investigation under its policies. Retaliation is a serious violation that can subject the offender to sanctions, regardless of whether there is a finding that a complaint of discrimination has merit. Anyone experiencing any conduct that they believe to be retaliatory should report it immediately to the Director of ADA Compliance.

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Policy Maintained by: Director of Title IX and ADA Compliance
Last Reviewed:  January 12, 2024