I. Scope and Purpose
This procedure applies to all Snow College students and campus guests. Procedures for college employees who may have experienced discrimination based on a disability are outlined in the Snow College Personnel Policies and are administered by the college’s Human Resource Office. The purpose of this procedure is to assist the college in carrying out its responsibilities in administering and enforcing applicable federal and state laws and college policies related to nondiscrimination of students or campus guests on the basis of disability.
II. Policy Statement
In accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and other applicable law, Snow College takes appropriate action to ensure that its programs and services are readily accessible to qualified individuals with disabilities. No qualified student or campus guest with a disability shall, on the basis of the disability, be excluded from participation in, be denied the benefit of, or otherwise be subjected to discrimination related to any of the institution’s programs or activities. All college employees are expected to adhere to Snow College ADA/Section 504 policies. The college has the right and responsibility to resolve allegations of discrimination based on disability.
Retaliation is prohibited and Snow College also investigates and resolves allegations of retaliation against individuals who have raised claims of discrimination based on disability or who have cooperated in an investigative process in some manner.
III. Filing Process
Grievances must be filed with the Director of Disability Services (Director). The Director will ask the Complainant (the student or campus guest claiming there was discrimination) to submit a written report describing the alleged discrimination. The Director will arrange assistance with this procedure, if needed. A grievance should be filed as soon as reasonably possible after the incident but will not be accepted more than 90 calendar days from the last act of alleged discrimination. Snow College will consider requests to extend this period beyond the 90 calendar days when the Complainant can show he or she needed additional time due to circumstances beyond his or her control.
The Complainant will meet with the Director to discuss the allegation, the resolution process, and options (informal, formal) for proceeding with resolution of the grievance. The Complainant is not required to follow the informal procedure before filing a formal grievance. The Respondent (the individual accused of discrimination) will be notified of the grievance within 10 working days after it is filed.
Informal: The Director may offer the Complainant the opportunity to voluntarily discuss allegations and concerns with the Respondent (directly or through the Director or some other mediator) to attempt to resolve the allegation. The Complainant is not required to do this to move forward with a formal grievance. The Director will notify the respondent that his or her behavior has been questioned and whether informal resolution has been sought. The Director may interview witnesses, obtain statements or other evidence from the Complainant and Respondent, or review other evidence when attempting informal resolution of a grievance. The Director will provide both parties a written summary of the resolution of any grievance resolved through the informal process. If informal attempts to resolve the situation are not successful, the Director will immediately inform the Complainant that he or she may pursue a formal grievance.
Formal: If the Complainant elects to file a formal grievance, the Director will conduct a full investigation complete with written findings to be given to the Complainant and the Respondent. If the Director determines that the alleged discrimination or retaliation occurred, he or she will report this finding and may recommend corrective actions to an appropriate College official through the Office of the Vice President for Student Affairs and Enrollment Management. Recommendations may, as appropriate, include a directive to stop any ongoing discrimination or retaliation; suggested disciplinary or other corrective actions against the Respondent or others; suggested relief for the Complainant to remedy the effects of the discrimination or retaliation; and any other action or reasonable accommodation considered necessary to ensure that the discrimination or retaliation will be remedied and not be repeated.
The Director will complete investigations as expeditiously as possible. The investigation shall normally be completed within 45 working days from the filing of a formal grievance, including written notification of the parties of the outcome of the investigation. In extraordinary circumstances, the Director may extend this time for a reasonable period. All parties will be notified if such an extension is necessary.
Appeal: The findings of a formal grievance investigation may be appealed in writing to the Office of the Vice President for Student Affairs and Enrollment Management by the Complainant or Respondent within 10 working days of receipt of the Director’s determination. Either party may appeal a decision based on discovery of new evidence previously unavailable, a significant irregularity in the procedural process which could affect the outcome or a claim that the decision was not supported by the facts or the law. The appellant should be as specific as possible in setting out the basis for appeal. The determination of the Office of the Vice President for Student Affairs and Enrollment Management is final.
At any time, prior to filing a grievance, or while a complaint proceeding is in progress, a Complainant may file their grievance with an appropriate external agency. A complete list of agencies, along with contact information, is available from the Office of the Vice President for Student Affairs and Enrollment Management, 150 College Avenue, Ephraim, UT 84627. Phone 435-283-7115.
IV. Confidentiality
The Director of Disability Services takes any allegation of discriminate or retaliation seriously and is committed to protecting the integrity of the investigation process including confidentiality and the due process rights of all individuals. Note that all those involved (the Respondent, the Complainant, and the witnesses) have privacy interests. Therefore, outside the scope of the investigation, all parties are cautioned not to publicize or divulge the nature of the proceedings or the identity of those involved.
V. Right to Advisor
The Complainant and the Respondent each have the right to bring an advisor to any investigative meeting. If either party chooses to exercise this option, he or she shall submit the name of the advisor in writing to the Director at least 72 hours prior to a meeting. If either the Complainant or the Respondent's advisor is a person degreed or qualified in law, the Director must be notified.
VI. Responsibilities and Jurisdiction of the Director of Disability Services
Consistent with federal and state laws and university policies related to nondiscrimination, the Director of Disability Services investigates complaints of unlawful discrimination and/or retaliation on the basis of physical or mental disability. The Director of Disability Services will make an adequate, reliable and impartial investigation of such complaints at Snow College and render a written determination following such investigations.
VII. Transfer of Function
If a grievance, whether informal or formal, is directed against the Director of Disability Services or the Vice President for Student Affairs and Enrollment Management determines there is some other conflict of interest created by the Director’s resolving the grievance, the Vice President for Student Affairs and Enrollment Management will transfer the Director’s function under this procedure to another appropriate official of the College. If a grievance, whether informal or formal, is directed against the Office of the Vice President for Student Affairs and Enrollment Management, the functions assigned to that Office by these procedures will transfer to the Office of the Academic Affairs Vice President.
