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Grievance Procedure for Students with Disabilities

Purpose

Pierce College is committed to ensuring that students with disabilities receive equal access to programs, services, and activities in compliance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and applicable Washington State laws (RCW 28B.10.910-916, WAC 392-172A-01035).

This procedure establishes a formal process for students who believe they have:

  1. Been denied or had an approved academic accommodation not implemented appropriately.
  2. Experienced disability-based discrimination, harassment, or retaliation.

Who May File a Grievance?

Any student with a documented disability who believes they have been:

  • Denied a reasonable accommodation.
  • Had an approved accommodation not properly implemented.
  • Subjected to discrimination or harassment based on their disability.
  • Retaliated against for requesting accommodations or filing a complaint.

Understanding the Two Grievance Processes

1. Academic Accommodation Not Implemented

A grievance in this category applies when an instructor or college department fails to provide an approved accommodation that was determined through Access and Disability Services (ADS). Examples include:

  • A professor refusing to provide extra testing time.
  • Failure to provide assistive technology or note-taking assistance.
  • Lack of accessible course materials despite prior approval.

Students should first attempt to resolve the issue informally. If unresolved, they may file a formal grievance following Steps 2–5 in the Academic Accommodation Grievance Process below.

2. Disability Discrimination or Retaliation

A grievance in this category applies when a student believes they have been treated unfairly based on their disability or have experienced retaliation for requesting accommodations. Examples include:

  • A professor or staff member treating a student unfairly after learning about their disability.
  • Being denied participation in a program, service, or activity due to disability.
  • Facing negative consequences for requesting or using accommodations.

Students should proceed directly to Step 1 of the Disability Discrimination or Retaliation Grievance Process below.

Grievance Procedures

A. Academic Accommodation Grievance Process

(For cases where an approved accommodation was not implemented properly.)

Step 1: Informal Resolution

Before filing a formal grievance, students should try resolving the issue by:

  1. Contacting the Instructor
    1. Inform the instructor of the issue and request immediate implementation.
  2. Speaking with Access and Disability Services (ADS)
    1. Report the concern to ADS, who will intervene on the student’s behalf.
    2. To report a concern, please send an email directly to your Accommodation Specialist with details of the situation. They will respond and may request a meeting to gather additional information.
  3. Facilitated Discussion by ADS
    1. If unresolved, ADS may facilitate a discussion between the student and faculty/staff.

Once the student or the ADS staff contacts the faculty member, if the issue is not resolved within 5 business days, the student may proceed with a formal grievance (Step 2).

Step 2: Filing a Formal Academic Accommodation Grievance

Students should submit a written grievance at minimum within 30 business days of the incident.

To file a grievance:

  • Submit your complaint via the Academic Accommodation Grievance Form.
  • Once submitted, the form will be routed to Sean Cooke, Leigh Simon, and Davi Kallman. One of them will follow up with you to discuss next steps, which may include scheduling a meeting with the Director of ADS and the college’s 504 Coordinator.
  • If you have any questions, feel free to contact the ADS team at ADS@pierce.ctc.edu.

Your grievance should include:

  • Your full name, student ID number, and contact information.
  • A clear description of the issue, including specific dates and details.
  • Any supporting evidence, such as emails, relevant documents, or witness statements.
  • A summary of steps you’ve already taken to resolve the issue, if any.
  • A statement of your desired resolution or outcome.

Step 3: Investigation & Resolution

  • The District ADS Director and the 504 Coordinator will initiate the investigation within 10 business days of receiving the grievance.
  • Findings will be shared with the student and instructor.
  • If the District ADS Director and the 504 Coordinator determine the accommodation was not properly implemented, additional follow up will be required.

Step 4: Appeal

If the student disagrees with the outcome of the complaint resolution, they may submit a written appeal within 10 business days of receiving the findings from the College to the Vice President of Learning and Student Success at the campus where the complaint originated.

  • Pierce College Fort Steilacoom (FS) – Submit the appeal to the Vice President of Student Services – FS, Ilder Betancourt Lopez
  • Pierce College Puyallup (PY) – Submit the appeal to the Vice President of Student Services – PY, Yuritzi Lozano

The Vice President will review the appeal and issue a final decision within 15 business days of receiving the appeal. This decision is final and not subject to further review.

B. Disability Discrimination or Retaliation Grievance Process

(For cases involving disability discrimination, harassment, or retaliation.)

Step 1: Filing a Formal Discrimination or Retaliation Grievance

  • Submit a grievance via the Pierce College Disability Discrimination or Retaliation Grievance Form within 30 business days of the incident. The form is sent directly to the ADA Compliance Officer, Sean Cooke.
  • You will be asked to Include:
    • Student’s name, ID number, and contact information.
    • Description of the discrimination or retaliation, including dates and individuals involved.
    • Supporting evidence (emails, witness statements, etc.).
    • Requested resolution.

Step 2: Investigation

  • The ADA Compliance Officer (or assigned investigator) will initiate the investigation within 20 business days.
  • Investigation includes:
    • Interviews with the student, faculty, staff, and witnesses.
    • Review of relevant policies and documentation.
  • Findings will be compiled into a formal report.

Step 3: Decision and Next Steps

  • A written decision will be made within 20 business days of completing the investigation.
  • If discrimination or retaliation is found, additional actions may be taken.

Step 4: Appeal Process

If the student disagrees with the decision, they may file an appeal within 10 business days with the Vice President of Learning and Student Services for their respective campus:

  • Pierce College Fort Steilacoom (FS) – Submit the appeal to the Vice President of Student Services – FS, Ilder Betancourt Lopez
  • Pierce College Puyallup (PY) – Submit the appeal to the Vice President of Student Services – PY, Yuritzi Lozano

A final decision will be issued within 15 business days, and this decision will be final.

Additional Reporting Options

If a student believes their civil rights have been violated, they may file complaints with:

Non-Retaliation

Pierce College strictly prohibits retaliation against students who file grievances in good faith. Retaliation complaints should be reported immediately and will be subject to disciplinary action.

Retaliation by, for or against any participant (including complainant, respondent, witness, Title IX/ADA Coordinator / EEO Coordinator, or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the ADA Coordinator immediately.

Summary of Key Differences

Type of Grievance Issue Where to File Appeal Process
Academic Accommodation Violation Approved accommodation was not followed Access and Disability Services (ADS) District Director and the 504 Coordinator via the Academic Accommodation Grievance Form Vice President Learning and Student Success at the campus where the complaint originated
Disability Discrimination or Retaliation Treated unfairly, harassed, or retaliated against due to disability ADA Compliance Officer via the Disability Discrimination or Retaliation Grievance Form Vice President Learning and Student Success at the campus where the complaint originated