ADA and Section 504 Grievance Procedures

University of Nebraska at Kearney

The University of Nebraska at Kearney has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) or Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12132). Section 202 states, in part, that "no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."

Complaints should be addressed to: ADA Coordinator, Warner Hall Suite 2113, Kearney, NE 68849 who has been designated to coordinate section 504 and ADA compliance efforts.  The ADA Coordinator may also be reached by telephone at 308-865-8404.

1) A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

2) A complaint should be filed within 30 calendar days after the complainant becomes aware of the alleged violation. (Special circumstances will be considered on a case-by-case basis.)

3) An investigation, as may be appropriate, will follow the filing of complaint. The investigation will be conducted by the ADA Coordinator or his/her designee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

4) A written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the ADA Coordinator and copies forwarded to the complainant, the appropriate campus authority, and the Chancellor no later than 30 calendar days after its filing.

5) The ADA Coordinator will maintain the files and records relating to the complaints filed.

6) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for consideration must be made within 10 working days to the University of Nebraska ADA/504 Compliance Officer, 230 Varner Hall, Lincoln, NE 68588-0745, (402) 472-8404.

7) The University ADA/504 Compliance Officer will have 30 calendar days to make investigation and return his/her findings to the complainant, the University of Nebraska at Kearney ADA Coordinator and Chancellor.

8) 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 a Section 504 or ADA complaint with the responsible federal department or agency. Using this grievance procedure is not a prerequisite to the pursuit of other remedies.

9) These rules will be construed to protect the substantive rights of interested persons, meet appropriate due process standards, and assure that the University of Nebraska at Kearney complies with Section 504 and the ADA and their implementing regulations.