A short guide to explain how to file a complaint if you think you have been discriminated against because of a disability
This is number 4 in a 6-part series
5. How to File a Complaint with Your School
6. How to File a Complaint with the Office for Civil Rights
A grievance is usually a written method for making a complaint.
If you think you have been discriminated against because of your disability, you have a number of options. Some examples are:
1. you can try to resolve your complaint by talking with the people involved, especially staff in the DSS;
2. you can file a grievance with your school; and
3. you can also file your complaint directly with the U.S. Department of Education, Office of Civil Rights.
A school cannot treat you differently or retaliate against you for filing a complaint. If you feel that your school is treating you differently or treating you badly because you have filed a compliant, report it to the U.S. Department of Education, Office of Civil Rights immediately.
You can file a complaint any time you feel you have been discriminated against because of your disability.
Generally, discrimination complaints may be about issues such as:
• failure to provide needed accommodations;
• failure to provide access to buildings and/or information;
• unequal treatment
Complaints should be filed as soon as possible. Your school may require that a complaint be filed within a certain number of days following the discrimination. You should be able to find this information in your college catalog.
• How many days does your school allow before you can no longer file a complaint?
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Complaints to the U.S. Office of Civil Rights must be filed within 180 days of the discrimination. Or, you must file your complaint within 60 days after the school has finished their grievance process. In other words, don’t wait too long!
You can file with your school or with the U.S. Department of Education, Office for Civil Rights.
Contact information is provided on the back of this brochure.
You may want to file your complaint with your school first. Often times, your school can resolve a matter faster than the Office of Civil Rights. However, you are not required to file your complaint with your school first and you may go directly to the Office for Civil Rights.
How to File a Complaint with Your School
Find out your school’s policy for filing a grievance and follow it. If you need information on how to file a grievance review your college’s catalog or ask staff in the Disability Support Services office.
How to File a Complaint with the Office for Civil Rights
To file a formal complaint with the U.S. Department of Education, Office for Civil Rights (OCR) you should submit in writing the following information:
• your name, address, and phone number;
• the name and location of the school that you believe discriminated against you;
• a detailed description of what happened and when it happened; and
• basis of the complaint (e.g., that you are a person with a disability or a member of another protected class based on race, disability, sex, age, national origin, or color).
Make sure you provide enough detail for the Office for Civil Rights to know what happened.
To find the OCR office closest to you, visit the following webpage:
or call: 1(800) 421-3481.
If you have a question about the Rehabilitation Act or the Americans with Disabilities Act:
Contact your office of Disability Support Services:
Disability Support Services can provide you with information about your rights and may be able to help you resolve a problem.
Contact your school’s ADA Coordinator:
All public colleges are required to have an ADA Coordinator. The Coordinator should be able to provide you with information about the ADA, and give you information on how to file a grievance.
This link below is part of the official site for the ADA. On this site you can order/download many materials regarding the ADA for free.
www.usdoj.gov/crt/ada/publicat.htm
If you do not like the options discussed in this brochure you can always file your own lawsuit. If you choose to file this separate court action, you will be responsible for hiring your own lawyer and paying the associated court costs.
Developed by:
Sean Lancaster and Daryl Mellard
University of Kansas
Center for Research on Learning
Division of Adult Studies
(785) 864-4780