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:

Dr. Alison Hobbs
Coordinator of  the Office of Student Accessibility Services
915 Harrisburg Avenue
Lancaster, PA 17604

Telephone: (717) 291-3989
Email: ahobbs@fandm.edu

 

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:

Jan Masland
Title IX Coordinator
623 College Avenue
P.O. Box 3003
Lancaster, PA  17604

Telephone:   (717) 358-7178
Email:    Janet.Masland@fandm.edu

 

Inquiries or complaints may also be directed to:

Office for Civil Rights
U.S. Department of Education
Philadelphia Office
100 Penn Square East, Suite 515,
Philadelphia, PA 19107-3323

Telephone: (215) 656-8541
Fax: (215) 656-8605
Email:   OCR.Philadelphia@ed.gov

 

 

Section 504/ADA Grievance Procedure

I             Jurisdiction

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

  1. Discrimination (including harassment): Individuals who experience negative or adverse treatment based on 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.
  2. 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.
  3. 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 Disability 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 Senior Associate Dean Flores-Mills. The informal process is voluntary. A complainant may conclude the informal process at any time and file a formal complaint.

V            Formal resolution

  1. Complaints must be made in writing to the Office of the Dean of the College within 90 days and should include a description of the nature of the alleged discrimination and the parties. If the participation of the Senior Associate Dean of the College in the process would create a conflict of interest, written complaints may be made to the Dean of the College.
  2. Within 30 business days of receipt of the complaint, the Senior Associate Dean of the College 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.
  3. Within 5 working days of the conclusion of the inquiry or investigation, the Senior Associate Dean of the College will provide written notice of the outcome to the parties.

VI          Appeal

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, Dean of the College.  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, David Proulx.

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 Disability 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.

IX          Confidentiality

The College will maintain the confidentiality of the parties to disability discrimination cases and related records, consistent with applicable federal and state laws.