Marquette University prohibits discrimination on the basis of a disability. The university is fully committed to complying with all requirements of the Americans with Disabilities Acts of 1990 (ADA) and the Rehabilitation Act of 1973 (Section 504) and to providing equal educational opportunities to all students. The Grievance Policy is designed to address disagreements or denials regarding requested services, accommodations, or modification to university academic practices or requirement. Students with disabilities who believe they have been discriminated against on the basis of their disability may receive a review of their complaint as follows:A. Optional Pre-Grievance Meeting
Prior to the filing a written grievance, students may elect to consult with the Director of Student Education Services to discuss alleged violation and the process for preparing and submitting a complaint.
B. Submission of complaint to the Director of Student Educational Services
Should the student decide to pursue the formal grievance procedure after their pre-grievance meeting with the Director of Student Educational Services, they must submit a letter to the Director sets forth clearly and specifically the nature of the complaint and the remedy sought. The letter should include;
The Director shall investigate the circumstances of the complaint and shall attempt to resolve it, using whatever procedures or calling upon any individuals that may be helpful toward resolution. The Director will issue his/ her decision in writing within fifteen (15) working days of receipt of the complaint. The university reserves the right to extend this investigation period if conditions are so warranted. The student will be informed if an extension is necessary on or before the 15th day of the complaint resolution period.
The university also reserves the right to appoint an appropriate investigator should the Director be unavailable or if there is a potential for any other conflicts of interest that could possibly infringe upon the fairness of the investigation.
C. Appealing the Director’s Decision – Disability Grievance Panel
If the complainant wishes to appeal the Director's decision, the complainant may request that the complaint be appealed to a Disability Grievance Panel for a hearing. This appeal must be submitted in writing to the Director of the Office of Student Educational Services (OSES) within ten (10) working days of the date of the letter informing the student of the Director's decision. The panel will be convened as soon as possible upon receipt of the request. Three members shall be appointed by the Provost's Office to the Disability Grievance Panel representing Academic Affairs and Student Affairs with a third at-large member.
1. Grievance Panel Procedures
The panel shall determine all matters of procedure, evidence, relevance and admissibility it deems helpful and fair in the total decision process, without regard to judicial rules that could be applicable to such issues in a court of law. The OSES Director will serve only as a resource to the panel at the panel's request. If the panel determines the need for a formal hearing, the OSES Director will contact the individuals to be interviewed by the panel.
Any formal hearings before the Disability Grievance Panel shall be open only to the student, witnesses and advisors, except as the panel may otherwise direct. The student will be notified in writing by the OSES Director at least five (5) working days prior to any hearing requiring the student's presence. The student has the right to bring one advisor to the hearing. If that advisor is an attorney, the Director must be notified two (2) working days prior to the hearing in order that Marquette University General Counsel can be in attendance. If General Counsel is not available, the panel reserves the right to reschedule the hearing. All advisors, including attorneys, will serve only in an advisory capacity for the student during the hearings. After concluding its investigation, the panel shall meet in executive session attended only by panel members to decide upon the complaint and make its decision. The decision shall be communicated to the OSES Director in writing within two (2) working days of the executive session. A summary of the decision making process and evidence considered will be included in this response. The OSES Director will inform the student in writing within five (5) working days of receipt of the panel's decision.
2. Appealing the Disability Grievance Panel Decision – Review by the Office of the Provost
If the student wishes to appeal the panel's decision, the student may request that the Office of the Provost review the panel's decision. The request must be made in writing to the OSES Director within seven (7) working days of receipt of the panel decision. The Director will provide all materials relevant to the case to the Provost's Office for review upon receipt of the request. The Provost's Office will not conduct additional hearings, but will only review the complaint in light of the materials presented and its adherence to policies and procedures. The written decision from the Provost's Office on the case shall be final.