Disability Policy & Guidance

504/ADA Compliance Statement

ASU-Beebe is committed to creating accessible learning environments for all students. Reasonable accommodations will be made in policies, practices, services, and facilities to ensure equal opportunity for qualified persons with disabilities to participate in all educational programs and activities. The Coordinator of Disability Services has been designated as Arkansas State University- Beebe's Coordinator of Services to individuals with disabilities and is the college's compliance coordinator for Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) and the ADA amendment act of 2008. The Coordinator of Disability Services is also the individual to whom concerns about physical access to facilities should be addressed.

Disability Services Handbook

The Disability Services handbooks were created to answer common questions regarding the services available to students with disabilities at the college. It is our intent that the information provided is comprehensive and addresses your needs. Should you have a concern that is not covered in this handbook, please feel free to contact the office for further assistance.

Disability Services Handbook

ADA/504 College Grievance Policy

Arkansas State University-Beebe is fully committed to ensuring that no otherwise qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in college programs or activities due to their disability. Accessibility and resources are provided in compliance with all requirements of the Americans with Disabilities Act of 1990 (ADA) and as amended in 2008 and the Rehabilitation Act of 1973 (Section 504).
POLICY STATEMENT
Arkansas State University-Beebe is fully committed to ensuring that no otherwise qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in college programs or activities due to their disability. Accessibility and resources are provided in compliance with all requirements of the Americans with Disabilities Act of 1990 (ADA) and as amended in 2008 and the Rehabilitation Act of 1973 (Section 504).
Scope and Application of Grievance Procedure
Any student who believes that he or she has been subjected to discrimination on the basis of disability, or has been denied access or accommodations required by law, shall have the right to file a grievance. In general, this grievance procedure is designed to address the following types of concerns:

Alleged inaccessibility of a college program or activity
Disagreements or denials regarding requested services or accommodations to college practices or requirements
Failure to provide approved accommodations registered with the Office of Disability Services
Alleged harassment or discrimination on the basis of a disability
Any other alleged violations of the ADA and/or Section 504.

This Grievance Procedure, however, is not intended and shall not supersede other college policies and procedures that may exist for addressing alleged violations of the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act or other issues of concern for which separate college policies and procedures exist, including, for example, grade appeals or student conduct appeals.
Grievance Procedures
Regardless of the specific grievance procedure used by a student, all grievances must be filed within 30 business days of the activating event subject in the student’s complaint(s). Each grievance shall be reviewed for (1) whether it is submitted within a timely manner and (2) whether it contains all required information. Grievances which are untimely or fails to contain all required information, including a clear statement of all grounds for the grievance will not be reviewed by the college. Once submitted, a grievance shall not be expanded beyond the issues presented in the initial complaint in order to facilitate a clear and prompt resolution. The college reserves the right to redirect a grievance to the proper grievance procedure or to any other appropriate review procedure at initial review.

A. Informal Grievance Procedure

With respect to any grievance covered under this policy and as a prerequisite to initiating one of the formal grievance procedures described in sections below, a student shall first attempt to resolve his or her complaint informally by meeting with the Office of Disability Services. The Office of Disability Services will assist the person to work on a resolution to their complaint, and may engage all parties involved in the concern. If the grievance is not resolved informally, then the student shall follow the appropriate formal grievance procedure detailed below.

B. Formal 504/ADA Grievance Procedures

Academic Accommodation/Service Grievance

An otherwise qualified student with a disability, as defined by the ADA and the Rehabilitation Act, shall have the right to request that the Office of Disability Services review the denial or failure of use of an approved academic accommodation or service by fully complying with the procedures detailed below.

Office of Disability Services Grievance

Any student who believes he or she has been wrongly denied certification of a disability for services and/or denied an academic accommodation request by the Office of Disability Services shall have the right to request the Vice Chancellor of Student Services review the denial of use of requested academic accommodation or service by fully complying with the procedures detailed below.

Formal 504/ADA Grievance Procedures

The Student shall fully complete the 504/ADA Grievance Form within 30 business days following the date of the denial/failure of the requested academic accommodation or service. The Grievance Form is available and completed online. Upon receiving a grievance form, an acknowledgment of receipt is emailed to the student. A timely grievance form will not be considered to have been filed unless it includes all of the required information. The student is solely responsible to supply all required information in the grievance form.
The student’s completed grievance form must clearly state:

The basis and rationale for the complaint
The specific facts and/or policies supporting the student’s position
A description of the efforts to informally resolve the complaint
Names, addresses, and phone numbers of witnesses to the alleged violation
The remedy and resolution desired by the student
All other information required on the form
A student will find the grievance form on the ASU-Beebe, Disability Services Webpages. A paper copy may be requested at the Office of Disability Services, alternative format is available as requested.

The receiving party of the grievance form will review all information necessary to render a written determination. If other information is needed, the student shall supply additional information and/or documents as requested. The receiving party will issue a written Letter of Determination on the student's grievance within 30 business days after receiving the student's completed grievance form, or as soon as possible thereafter, to the student and to the individual against whom the complaint has been filed against in the grievance form. Further, the receiving party shall take any steps necessary to implement the decision, including, but not limited to, providing a copy of the Letter of Determination to appropriate college officials.
If both parties accept the Letter of Determination written by the Office of Disability on the student’s academic accommodation grievance, they will sign a statement to that effect and the grievance process ends. The Letter of Determination written by the Vice Chancellor of Student Services on the student’s grievance against the Office of Disability Services shall be final and no additional college appeals shall be available.
The Vice Chancellor of Student Services shall retain the written records of the process for all grievances for five calendar years.

C. Appealing the Letter of Determination from the Office of Disability Services

Within ten (10) business days following the receipt of the Letter of Determination to the Grievance Response by the Office of Disability Services, if either party disagrees with the response, the disagreeing party may submit a written appeal to the Vice Chancellor of Student Services. The letter of appeal shall be in writing and must including the following information:

The name, address, e-mail address and phone number of the individual filing the appeal
The specific facts and grounds which form the basis for the appeal, including the specific basis of the individual’s disagreement with the Letter of Determination Response from Office of Disability Services
All other information the individual reasonably believes is relevant to the appeal.

Upon receiving the individual’s letter of appeal, a copy of the original Grievance Form, the Letter of Determination, and all other records or documents forming the basis of the Letter of Determination, the Vice Chancellor of Student Services shall send the individual a notice of acknowledgment of receipt of appeal.
The Vice Chancellor of Student Services shall review the entire written record and may also gather additional information necessary to the consideration of the individual’s appeal. The Vice Chancellor of Student Services will issue a written Letter of Determination on the student's appeal within 30 business days after receiving it, or as soon as possible thereafter. The Vice Chancellor of Student Services shall provide the individual with a copy of the Letter of Determination and take any steps necessary to implement the decision, including, but not limited to, providing a copy of the Letter of Determination to appropriate college officials.
The decision of the Vice Chancellor of Student Services shall be final and no additional college appeals shall be available.
During the Grievance Process, the student will be entitled to receive the academic accommodations/services offered, if any, by the college. The college recognizes the importance that the student's concerns be addressed promptly so that his or her participation in the course or activity is not affected.

Time Periods

For purposes of calculating all time periods set forth in this Grievance Procedure, official college holidays and breaks set forth in the College’s academic calendar (such as Thanksgiving break, Christmas break, and spring break) or dates the college officially closes (such as for inclement weather) shall be excluded in determining the time period for taking any required action. Moreover, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of any time period provided in the Grievance Procedure shall be included, unless it is a Saturday or Sunday, and in such an event, the next business day shall be counted in the time period.

Right to Review Records

A student filing a grievance shall have the right to review all records maintained in the grievance file or relied upon by any decision-maker, unless any such review is prohibited by Federal or state law. Upon a student’s request, the college shall establish a mutually acceptable time and location for the student to review the requested records.

Retaliation

Retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory education practice or policy is prohibited by college policy and federal and state law.

OCR Compliant

Although students are encouraged to attempt to resolve complaints pertaining to disabilities by utilizing this Grievance Procedure, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR) (Dallas regional office). Information regarding applicable timelines and procedures is available from OCR.

Effective Date

This ADA/504 Grievance Policy shall be effective on 07/01/2021. The college reserves the right to amend its Grievance Procedures.

504/ADA Grievance Form

You will be required to be signed into your ASU-Beebe email. If you need the form in alternative format, please contact the Office of Disability Services at disabilityoffice@asub.edu.

ADA/504 Grievance Form

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