ADA Complaint Process

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Northeast Alabama Community College has adopted an internal complaint process providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Titles I and II of the Americans with Disabilities Act. Title I, Section 102(a) states that “No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Title II, states, in part, that “No otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

  1. As a first step, the party making a complaint should meet with the party with whom he/she is in disagreement, and attempt to discuss and clarify the problem.
  2. If the problem cannot be resolved in step one, the next step is for the complainant to discuss the complaint with the ADA Compliance Coordinator. If the complaint is lodged against the ADA Compliance Coordinator, the complainant will meet with the ADA Compliance Coordinator’s immediate supervisor.
  3. If the ADA Compliance Coordinator is unable to resolve the issue informally, the complainant can file a formal complaint in writing. The written complaint must contain the name and address of the person filing the complaint, and it must briefly describe the alleged violation of the regulation. The complaint must be submitted to the ADA Compliance Coordinator within ten (10) business days of the alleged violation
  4. The ADA Compliance Coordinator will investigate the complaint. The investigation shall be an informal but thorough investigation, affording all interested parties and their representatives, if any, an opportunity to submit evidence relevant to the complaint.
  5. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Compliance Coordinator to the complainant no later than fifteen (15) business days after the complaint is filed. The report shall be delivered in person or to the address given in the written complaint, by certified mail, return receipt requested.
  6. If the complainant is not satisfied with the decision of the ADA Compliance Coordinator, he or she may file a written appeal with the President specifically stating the objections to the decision within ten (10) business days after receipt of the decision. The President will appoint a committee of at least three persons to review the complaint. The Committee will review the decision of the ADA Compliance Coordinator solely on the following grounds, and none other:
    1. to determine if there was substantial evidence to support the decision;
    2. to determine if the student had a fair and impartial investigation regarding their case; and
    3. to determine if there is new evidence which would affect the decision.
  7. The committee will submit a recommendation to the President, within thirty (30) days of the filing of request for reconsideration.
  8. The President will review the committee report and will file a written response to the Complainant and the ADA Compliance Coordinator. The decision of the president shall be final under the provision of this complaint process.
  9. If, after exhausting all available institutional processes, a student’s complaint remains unresolved, the student may appeal to the Alabama Community College System using the System’s official Student Complaint Form (PDF) or Online Student Complaint Form. Students may submit completed complaint forms by printing the form, signing it, and then either (1) scanning it and emailing it to complaints@accs.edu or (2) mailing it to the Alabama Community College System.
    1. The Division of Student Success will investigate the complaint.
    2. The institution which is the subject of complaint has 15 days to provide a written response to questions and/or concerns raised during the investigation. Such response may or may not contain a resolution.
    3. The Division of Student Success will adjudicate the matter within 30 days business days of receipt of complaint and write a report or Letter to the institution and student detailing corrective action, if any is necessary, or stating that the school has no violation of policies.
    4. If corrective action is needed the institution will have 30 days to comply or develop a plan to comply with the corrective action.
    5. The decision made by ACCS is final and cannot be appealed. 

Notes: Any time limit set herein may be extended upon the written mutual consent of both parties. A copy of the complaint and resolution of the complaint will be kept on file with the ADA Compliance Coordinator for a minimum of five years. During resolution proceedings, the College shall use a preponderance of evidence to determine if a violation of policy has been made. The preponderance of evidence will consist of such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in the mind’s belief that what is sought to be proved is more likely true than not true

Students requiring reasonable accommodations during the complaint process should contact the ADA Compliance Coordinator. Students should allow reasonable advanced notice so that reasonable accommodations may be arranged.

All complaints related to disabilities should be addressed to:

Riley Holland
ADA Compliance Coordinator
Phone: (256) 638-4418, Ext.2222
Email: hollandr@nacc.edu