Student Disability Grievance Policy and Procedures

I. Scope and Application

A. Johnson & Wales University has designed this Student Disability Grievance Policy and Procedure ("Policy") to comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The university intends to provide an equitable and prompt grievance procedure to resolve complaints of discrimination or harassment or other alleged violations of the ADA, Section 504 of the Rehabilitation Act, and any similar, applicable state law. The policy and procedure apply to current university students.

II. Definitions

A. “Grievance” means a written¹ complaint submitted in accordance with this policy and procedure and alleging discrimination based on disability under the ADA, the Rehabilitation Act, or any similar applicable law carried out by employees, students or third parties. At minimum, the Grievance shall contain the following information:

1. Petitioner’s name, address, email and telephone number(s);

2. The date and location of the alleged discrimination and a detailed description of the alleged discrimination, including any relevant information about the Petitioner’s disability, and the impact of the alleged discrimination on their access to university programs and activities;

3. All Respondents’ names;

4. The specific action or relief the Petitioner seeks; and

5. A summary of any actions the Petitioner has already taken to attempt to resolve the Grievance; and

6. Any and all other information on which the Petitioner is relying to support the Grievance.

B. “Investigator” means the Title IX coordinator, or, in cases where the Title IX coordinator is alleged to be responsible for the Grievance, the vice president of student affairs and dean of students, or their respective designees.

C. “Petitioner” means a student submitting a Grievance.

D. “Respondent” means any person alleged to be responsible in the Grievance. A Petitioner may identify one Respondent or multiple Respondents, as appropriate, in a Grievance.

III. Procedures Related to the Filing of a Grievance

A. Any Johnson & Wales University student may file a Grievance.

B. The university strongly encourages Petitioners to discuss their concerns informally with all Respondents to seek an informal resolution before they file any Grievance. If a Petitioner is unwilling to attempt informal resolution or if attempts at informal resolution fail, the Petitioner may then submit a Grievance to the Title IX coordinator (hereinafter to include their designee) at the following address:

Title IX Coordinator
Equity & Compliance Services
Johnson & Wales University
8 Abbott Park Place
Providence, RI 02903
Phone: 401-598-2703
Matthias.Rubekeil@jwu.edu

C. If the Grievance is about the Title IX coordinator, the grievance should be addressed to

Melanie Tucker
Vice President of Student Affairs and Dean of Students
Johnson & Wales University
8 Abbott Park Place
Providence, RI 02903
melanie.tucker@jwu.edu

D. Petitioners must submit Grievances within 30 calendar days of the date of the alleged violation, unless the Investigator determines the delay was caused by circumstances outside the control of the Petitioner and grants an extension.

E. Upon receipt of a Grievance, the Investigator shall send each Respondent a copy of the Grievance and ask each Respondent to submit a written response within 14 calendar days. The university will not consider untimely responses, unless the Investigator determines the delay was caused by circumstances outside the control of the Petitioner and grants an extension. Responses should include any and all information relied on to defend against the Grievance.

F. No Respondent shall retaliate against the Petitioner in any way. Unlawful retaliation will subject the Respondent to disciplinary action.

G. The Investigator shall conduct an investigation of the Grievance. As part of the investigation, the Investigator will give Petitioner and each Respondent an opportunity to identify relevant witnesses to be interviewed and/or submit evidence relevant to the Grievance. The Investigator will review evidence presented and will interview witnesses identified, as determined appropriate by the Title IX coordinator.

H. The Investigator will provide a report of the results of the investigation to the Providence campus president or such person’s designee no later than 60 calendar days after the submission of the Grievance. The Providence campus president or such person’s designee may request additional information from the Investigator or involved parties at any time and may consult with any other JWU personnel as such person deems appropriate. The Providence campus president or such person’s designee will issue a written decision on the Grievance no later than 30 calendar days after the receipt of the investigation results from the Investigator and will provide a copy to Petitioner and each Respondent. The Providence campus president or such person’s designee shall solely overrule, reverse, or otherwise disturb a determination respecting a reasonable accommodation if it violates the ADA, the Rehabilitation Act, or any similar, applicable state law. The decision of the Providence campus president or such person’s designee shall be final.

I. If the Investigator determines that disability discrimination or harassment has occurred, the university will take steps to prevent any recurrence of the alleged discrimination or harassment and to correct its effects on the Petitioner and others, if appropriate.

J. Students are not required to file a Grievance with the university and may file a complaint with these enforcement agencies at any time at the following addresses:

U.S. Department of Education
Office for Civil Rights
Customer Service Team
400 Maryland Avenue, SW
Washington, DC 20202-1100

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYA
Washington, DC 20530

Policy Contact(s)
• Title IX Coordinator (Matthias.Rubekeil@jwu.edu)

IV. Policy Owner

Title IX Coordinator

V. Effective Date

Originally issued: September 2019
Last update: June 2025

¹

Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.