Montclair State University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination” in programs or activities sponsored by a public entity.
Complaints should be addressed to Montclair State University Human Resources.
- A complaint may be filed in writing or orally, but should contain the name and address of the person filing it, and briefly describe the alleged violation. A form for this purpose is available from the ADA coordinator. In cases of employment-related complaints, the procedures established by the Department of Personnel, NJAC 4A:7-1.1 et seq. will be followed where applicable.
- A complaint should be filed promptly within 20 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.)
- An investigation, as may be appropriate, will follow the filing of a complaint. The investigation will be conducted by the ADA Coordinator. The rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
- In most cases, a written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the designated decision maker and a copy forwarded to the complainant no later than 45 days after its filing.
- The ADA Coordinator will maintain the files and records of Montclair State University relating to the complaints filed.
- The right of a person to a prompt and equitable resolution of the complaint filed hereunder will not be impaired by the person’s pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency or the New Jersey Division on Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
- The rules will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that Montclair State University complies with the ADA and implementing federal rules.
Designated ADA Coordinator
ADA compliance and complaint inquiries should be submitted to Human Resources.
All inquiries regarding Montclair State University’s compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by Montclair State University should be directed to the designated coordinator identified above.
All complaints alleging that Montclair State University has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section.