Procedures for Appeals and Grievances
Notice of Non-Discrimination
Franklin & Marshall College does not discriminate on the basis of age, color, disability, gender, gender identity, genetic information, marital status, national or ethnic origin, race, religion, sex, sexual orientation, or veteran status in its programs or activities.
The following person has been designated to handle student inquiries regarding discrimination, harassment, or retaliation based on age, color, disability, genetic information, marital status, national or ethnic origin, race, religion, or veteran status:
Director of the Office of Student Accessibility Services
931 Harrisburg Avenue
P.O. Box 3003
Lancaster, PA 17604-3003
Telephone: (717) 358-3989
The following person has been designated to handle inquiries regarding discrimination, harassment, or retaliation based on sex, sexual orientation, gender, and gender identity or expression:
Title IX Coordinator
931 Harrisburg Avenue
P.O. Box 3003
Lancaster, PA 17604
Telephone: (717) 358-7178
Inquiries or complaints may also be directed to:
Office for Civil Rights
U.S. Department of Education
100 Penn Square East, Suite 515,
Philadelphia, PA 19107-3323
Telephone: (215) 656-8541
Fax: (215) 656-8605
Section 504/ADA Grievance Procedure
This procedure may be used by students to report discrimination based on disability in any College program or activity. Employees who wish to report disability discrimination should contact Human Resources.
II Covered conduct
- Discrimination (including harassment): Individuals who experience negative or adverse treatment based on a disability that is sufficiently serious to deny or limit their ability to participate in a College program or activity may file a complaint under this procedure. Examples of disability discrimination include verbal or physical harassment based on disability and disparate treatment based on disability.
- Disagreements regarding accommodations: In some instances, concerns related to the provision of academic adjustments and auxiliary aids and services (commonly called accommodations or modifications) may constitute disability discrimination. Disagreements regarding the denial of requested accommodations and the sufficiency of approved accommodations, for example, may be raised under this procedure.
- Retaliation: The College does not tolerate retaliation against individuals who complain about disability discrimination or otherwise assert their rights under Section 504 or the Americans with Disabilities Act. Individuals who experience retaliation, intimidation or retaliatory harassment may file a complaint using the process outlined below.
III Time frame for filing
Complaints of disability discrimination should be made promptly. The passage of time between the date of the alleged discrimination and the filing of a complaint may impair the College’s ability to look into the complaint and provide appropriate relief, as key witnesses and evidence may no longer be available. A student who wishes to appeal an accommodation because the accommodation is felt to be inadequate or inappropriate is encouraged to contact the Office of Student Accessibility Services within 90 days of receiving the accommodation to discuss their concerns.
IV Informal resolution
Individuals who experience disability discrimination, who disagree with an approved accommodation, or who have difficulty obtaining approved accommodations are encouraged to contact Dr. Alison Hobbs to discuss their concerns. If the actions of Dr. Alison Hobbs are at issue, individuals may choose to contact Dean of Students Colette Shaw. The informal process is voluntary. A complainant may conclude the informal process at any time and file a formal complaint.
V Formal resolution
- Complaints must be made in writing to the Office of Student Affairs within 90 days and should include a description of the nature of the alleged discrimination and the parties. If the participation of the Dean of Students in the process would create a conflict of interest, written complaints may be made to the Vice President and Dean of Student Affairs, Margaret Hazlett.
- Within 30 business days of receipt of the complaint, the Dean of Students or designee will look into the complaint and may conduct a formal investigation, as appropriate. This process provides for the prompt, reliable, and impartial investigation of complaints, including an equal opportunity for the parties to present witnesses and evidence. Investigations generally will be completed within the aforementioned time frame.
- Within 5 working days of the conclusion of the inquiry or investigation, the Dean of Students will provide written notice of the outcome to the parties.
Either party may appeal the outcome of the formal process by filing a written appeal within 15 days of the date that written notice of the outcome is sent to the parties. Appeals should be made to Margaret Hazlett, Vice President and Dean of Student Affairs. In the event that the participation of Dean Hazlett would present a conflict of interest, appeals may be filed with the Vice President for Finance, Administration, and Treasurer.
Appeals will be decided within 30 days of the date they are filed. The appeal of an accommodation that involves the waiver of an academic requirement must be presented to the Committee on Academic Status in consultation with the Office of Student Accessibility Services. The parties will receive written notice of the outcome of the appeal process within 5 working days of the conclusion of the process.
VII Role of the Section 504/ADA Coordinator
The Section 504 Coordinator will receive notice of any complaints that are filed under this procedure and will receive updates regarding the status of complaints. The Section 504 Coordinator will maintain documentation related to complaints, reports, and investigations of disability discrimination.
VIII Anti-Harassment Statement
In cases of disability harassment, the College will take prompt and appropriate steps to end a hostile environment if one has been created, prevent the recurrence of any harassment, and correct discriminatory effects on the complainant and others, if appropriate. Individuals who experience disability harassment may receive interim remedies, as appropriate, such as academic assistance and other appropriate relief. The College takes seriously complaints of disability harassment and will take prompt disciplinary action against individuals who engage in disability harassment.
The College will maintain the confidentiality of the parties to disability discrimination cases and related records, consistent with applicable federal and state laws.