ADA Complaint Resolution Procedures for Staff and Faculty with Disabilities

The University of Maryland, as an equal opportunity/affirmative action institution, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action. The University of Maryland is committed to a policy of nondiscrimination and equal opportunity for all persons regardless of race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight, or veteran status in employment, educational programs and activities, and admissions.

The ADA/504 Coordinator coordinates compliance with the nondiscrimination requirements of Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and all applicable federal and state regulations.

The University of Maryland has adopted internal complaint resolution procedures providing for prompt, equitable and impartial resolution of complaints alleging any action prohibited by the ADA or Section 504.

Staff and faculty who have concerns or complaints about University-provided disability accommodations, denials, the accommodation process, or who have complaints regarding compliance with approved accommodations by University employees, are directed to this complaint procedure.

Staff and faculty with concerns or complaints regarding their University-provided disability accommodation denials should first seek to resolve their concern with University Human Resources (staff) or the Office of Faculty Affairs (faculty) prior to engaging the steps in this procedure. Employees, however, do not need not go through each step herein before making an internal complaint with the Office of Civil Rights & Sexual Misconduct (OCRSM), or with with an external agency such as the Equal Employment Opportunity Commission (EEOC), Maryland Commission for Civil Rights (MCCR) or the Department of Justice (DOJ).

In order to file a Complaint Resolution under these procedures, there must be a failure to accommodate. A failure to accommodate may include:

• Requested accommodation not approved (i.e. the condition/documentation does not support accommodation);
• Requested accommodation is not reasonable (i.e. Fundamental Alteration, Undue Administrative or Financial Burden, Direct Threat);
• Individual contends that effective alternative accommodation approved is not effective
  Accommodation is not properly implemented (i.e. Failure to provide notes,
• Inappropriate test conditions, Failure to provide approved schedule adjustments);
  Inaccessible Environment (i.e. Facilities and Grounds, Digital, Communications);
• A non-ADA compliant policy or procedure; and/or
  
• Disclosure of sensitive disability information beyond those with a legal right to know.

Before requesting administrative review per these procedures, staff should make an appointment with UHR and faculty should make an appointment with OFA. If the employee’s concern pertains to UHR or OFA, the employee should make an appointment with the ADA/504 Coordinator.

UHR (staff) or OFA (faculty) will meet with the employee as soon as possible and attempt to resolve the concern through informal resolution. If the matter is resolved, the employee and involved parties will be notified by UHR or OFA by email of the resolution. If the matter is not resolved, the employee may proceed to Step 2 below.

If the employee’s concern is not resolved through informal resolution, the employee may file a written appeal to the University's ADA/504 Coordinator that clearly articulates the concern and the resolution sought. The request must be in writing and include the following:

• The employee’s name, address, email address and phone number;
• a full description of the employee’s concern(s);
• a description of the efforts made to resolve the concern through any other parties; and
• a statement of the resolution requested.

The request must be submitted electronically through our online system: Report accommodations complaint. If this is not accessible to an individual, the request may be sent by email to adacoordinator@umd.edu.

The complaint should be filed within 30 university business days after the employee becomes aware of the alleged concern and as soon after all other informal processes have been exhausted.

Upon receipt of the request, the ADA/504 Coordinator (or Designee) will provide an acknowledgement of receipt within 2 university business days and schedule a meeting with the individual making the complaint for no later than 7 university business days from the date the complaint was submitted. The ADA/504 Coordinator will then promptly review the information provided and engage with other named individuals or departments to determine whether the denial of accommodation was appropriate.

The ADA/504 Coordinator will review the employee’s concern, reach a determination, and communicate that determination in writing to the parties involved within a reasonable time period, but no longer than 30 university business days.

Should an employee raise other concerns of discrimination, harassment, and/or retaliation in accordance with the University’s Non-Discrimination Policy, they will be directed to OCRSM to review the matter.

At any time, if the employee believes they have been discriminated or retaliated against, the individual may file a complaint with The Office of Civil Rights and Sexual Misconduct. OCRSM supports the University of Maryland’s commitment to a working and learning environment free from all forms of discrimination and harassment, including sexual misconduct.

The Office of Civil Rights and Sexual Misconduct (OCRSM)
Telephone: 301-405-1142
Email: civilrights@umd.edu
Website: https://ocrsm.umd.edu/

Employees also have the right at any time to file a complaint with the Equal Employment Opportunity Commission or the Maryland Commission on Civil Rights.

Equal Employment Opportunity Commission (EEOC)
Phone: 800-669-4000
Website: https://egov.eeoc.gov/eas/

Maryland Commission on Civil Rights
Phone: 410-767-8600
Website: http://mccr.maryland.gov/

Employees can also file an Americans with Disabilities Act complaint through the US Department of Justice alleging disability discrimination.

US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section 1425 NYAV
Washington, D.C. 20530
Fax: (202) 307-1197
Website: www.ada.gov/complaint/
If you have questions about filing an ADA complaint, please call:

ADA Information Line: 800-514-0301 (voice) or 800-514-0383(TTY).

Finalized May 19, 2022