III. Americans with Disabilities Act (ADA)
A student who believes they have been discriminated against on the basis of disability may seek advice and assistance from the Director of Disability Services or their Designee. The Director or Designee will explain the student’s options including informal resolution of the matter and formal complaint procedures.
A. Compliance Responsibility
The Americans with Disabilities Act of 1990 (ADA) was enacted to protect individuals with disabilities against discrimination in critical areas such as employment, housing, public accommodations, education, transportation, communication, health services and access to public services. The purpose of the ADA is to provide a clear mandate for the elimination of discrimination against people with disabilities, thus bringing them into the social and economic mainstream.
Section 504 of the Rehabilitation Act of 1973 is Civil Rights legislation that prohibits discrimination on the basis of disability in the programs and activities of public and private colleges/universities that receive federal financial assistance. Eliminating barriers to education programs and services, increasing building accessibility and establishing equitable employment practices are addressed in Section 504 regulations. The U.S. Office for Civil Rights (OCR) of the U.S. Department of Education is responsible for the enforcement and investigation of compliance with Section 504.
The Director of Disability Services serves as the ADA Coordinator and is responsible for facilitating the University’s efforts to comply with the ADA and Section 504 of the Rehabilitation Act of 1973. The Director of Disability Services will work with University personnel and students to resolve complaints regarding ADA compliance issues. If the matter cannot be resolved informally, the student may file a formal complaint. Additional information is available in the Disability Services office located in Taylor Hall 302 (970.943.7056).
B. Complaint Procedure
A student who believes that he, she or they have been discriminated against on the basis of disability status is entitled to file a complaint with the Director of Disability Services, an external agency or both.
Discrimination can include, but is not limited to:
- Failure to accommodate the student’s disability in a reasonable manner
- Exclusion from a University program or activity
- Disability-related harassment
The procedure for filing an internal complaint is published in the Grievance Policy for Filing a Complaint Based on a Disability. To file an internal complaint of disability discrimination, notify the Director of Disability Services in person or in writing. Complaints will be promptly acknowledged and investigated.
Disputes may arise between Western and students with disabilities as a result of misunderstanding or miscommunication. The Director of Disability Services can frequently facilitate the resolution of such disputes through informal mediation.
A student may choose to file a complaint of disability discrimination with an external agency instead of or in addition to filing an internal complaint. Most external complaints should be filed with the United States Department of Education, Office of Civil Rights, which has a local office in Denver. Complaints alleging disability-based employment discrimination may also be filed with the Colorado Civil Rights Division or the federal Equal Employment Opportunity Commission. Additional information on internal and external complaint procedures is available from the Office of Human Resources, located in Taylor Hall 321.