Accessibility Services

Grievance Procedure for Reasonable Accommodation under the Americans with Disabilities Act:  Your Right to File a Grievance

Moravian University does not discriminate against any person based on actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, veteran status, mental or physical disability, use of a guide or support animals or mechanical aids, or any other basis protected by applicable federal, state, or local laws.

Moravian University and Theological Seminary support all students and employees with disabilities in their right to file a grievance when they believe they have been denied equal access in the form of appropriate accommodations, modifications, auxiliary aids, or effective communication or discriminatory harassment as described in Section 504 of the Rehabilitation Act of 1973, The Americans with Disabilities Act Amended Act (ADAAA). The grievance procedures outlined herein are explicitly used to report and resolve incidents involving alleged denial of equal access in the form of appropriate accommodations, modifications, auxiliary aids, or effective communication. In addition, individuals should report alleged harassment or discrimination based upon disability.  The alleged harassment or discrimination will be resolved under Moravian University's Policy on Equal Opportunity, Harassment, and Non-Discrimination.

The Role of the Accessibility Services Center

Moravian University and Theological Seminary designed the Accessibility Services Center (ASC) to provide services, resources, and programs to facilitate equal educational opportunities for incoming, current, or former university students. The ASC also determines eligibility for reasonable accommodation and, if so, the nature of the reasonable accommodation.

The Role of the Human Resources Office

The Office of Human Resources (HR) determines whether employees are eligible for reasonable accommodations to perform the essential functions of their employment. Accommodations are determined on a case-by-case basis through documentation review and an interactive process that includes the employee's supervisor.

Grievance Procedure

Any prospective, current, or former student or employee who wishes to file a complaint alleging denial of equal access in the form of appropriate accommodations, modifications, auxiliary aids, or effective communication may use the grievance procedure below.  For accessibility, alternative means of receiving information delivered in this process will be made available for persons with disabilities upon requestIn addition, provisionsns will be made for the adequate, reliable, and impartial investigation of complaints, including the opportunity for the complainant and person(s) alleged to have denied access to the complainant to submit witnesses and evidence thereof.

Informal Procedure

Students are encouraged first to discuss their concerns with the director of accessibility services. The director will attempt to resolve the issues by assisting the student in discussing matters with the faculty/staff member, department, or program. This process resolves most situations positively and swiftly.

Accessibility Services Center:
Michelle Koch
Director of Accessibility Services

Monocacy Hall, 1st Floor
1200 Main Street
Bethlehem, PA 18018
ASC@moravian.edu
Phone: (610) 861-1401
Fax: (610) 625-7877

Similarly, employees are encouraged to discuss their concerns with the Vice President of Human Resources in consultation with their supervisor. This process resolves most situations positively and swiftly.

Human Resources Office:
Jon B. Conrad
Vice President for Human Resources
Colonial Hall, Suite 311
1200 Main Street
Bethlehem, PA 18018
HR@moravian.edu
Phone: (610) 861-1527
Fax: (610) 625-7883

If either the student or employee feels that a satisfactory resolution is still not reached, they should notify the ADA Coordinator or designee, who will evaluate the complaint and determine an appropriate resolution.

A student has the right to bypass the Accessibility Services Center and go directly to the ADA Coordinator or designee. Likewise, an employee has the right to bypass Human Resources and go directly to the ADA Coordinator or designee.

ADA Coordinator:
Kathleen Barr
Director of Career Development
Haupert Union Building
1200 Main Street
Bethlehem, PA 18108
ADACoordinator@moravian.edu
Phone: (610) 625-7510

In the event of a conflict of interest or if the ADA Coordinator is not available, the student or employee has the right to go to the Title IX Coordinator and Compliance Officer.

Title IX Coordinator and Compliance Officer:
Leah M. Naso
Colonial Hall, Room 210
1200 Main Street
Bethlehem, PA 18018
TitleIX@moravian.edu
Phone: (610) 861-1529

Formal Procedure

  1. The complainant will present relevant information in writing, containing the following information:
     
    • The basis and rationale for the grievance
    • The specific facts or policies supporting the student’s position
    • Description of desired outcome or resolution
    • Any other relevant information that the complainant should be considered

      Access the online Section 504/ADA Grievance Form to submit the complaint. The complainant will do so within fifteen (15) calendar days of the failure of the informal procedure or within 60 calendar days of the alleged violation. The online form will automatically be directed to the ADA Coordinator or designee, who will ensure an unbiased investigation.
  2. Within thirty (30) days of receipt of the complaint, the ADA Coordinator or designee will review the information, meet with the student, interview witnesses as appropriate, and issue a written decision.
     
  3. If the complainant remains dissatisfied with the ADA Coordinator/designee’s resolution of the matter, the complainant may appeal the resolution by filing a written appeal to a designee in the Office of the Provost within fifteen (15) calendar days of receiving the written response. The designee in the Office of the Provost will review the ADA Coordinator/designee’s resolution of the matter and notify both the ADA Coordinator/designee and the complainant of the final resolution of the matter. In a format accessible to the complainant, notification will be in writing and within fifteen (15) calendar days from the complainant’s appeal.

    The written request for appeal must specify the particular substantive and procedural basis for the appeal and must be made on grounds other than general dissatisfaction with the decision of the ADA Coordinator/designee. The review by the designee in the Office of the Provost will be limited to the following considerations:
    • Were the proper facts and criteria brought to bear on the decision?
    • Is there any new information, not previously available, that may change the outcome of the decision‐making process?
    • Were there any procedural irregularities that materially affected the outcome of the decision?
    • Given the proper facts, criteria, and procedures, was the decision reasonable?
  4. After reviewing the matter fully, a designee in the Office of the Provost will issue a written decision affirming, modifying, or reversing the decision. The Provost’s decision shall be final, and no other appeals or grievance procedures are available.

    Office of the Provost (Appeals)
    Cynthia Kosso
    Provost
    Monocacy Hall, 2nd Floor
    1200 Main Street
    Bethlehem, PA 18018
    Provost@moravian.edu
    Phone: (610) 861-1348 Fax: (610) 625-7784
     
  5. If longer than fifteen (15) calendar days is needed for the investigation and to render a decision and/or for the appeal process, the complainant will be notified in writing and given a specific time-frame for a final decision to be rendered. Good cause to extend this timeline includes, but is not limited to, the absence of parties and/or witnesses, the closure of the University for break periods, or accommodations for language/communication assistance, disabilities, or health conditions.
     
  6. Moravian University and Theological Seminary will retain all written complaints received by the ADA Coordinator/designee, appeals to the Office of the Provost or designee, and respective responses for at least three years.

Grievance Response

The response will explain the position of Moravian University and Theological Seminary and offer, where appropriate, options for substantive resolution of the complaint.

Additional Rights and Protections

Moravian University and Theological Seminary will take steps to prevent the recurrence of any disability-based discrimination or harassment and remedy the discriminatory effects on the complainant and others, if appropriate.

It is a violation of this policy to coerce, intimidate, retaliate against, or discriminate against any individual participating in, or perceived to be participating in, this grievance process. Behaviors of this nature should be reported promptly to the ADA Coordinator/designee and may result in disciplinary action independent of the resolution of the original complaint.

The availability and use of this grievance procedure do not prevent a person from filing a complaint of discrimination based on disability with the U.S. Department of Education's Office for Civil Rights (OCR). At any time, a student may choose to file with the OCR, separate from or in addition to utilizing the University’s grievance process.

Federal Office for Civil Rights
U.S. Department of Health and Human Services
Room 509F, HHH Building
200 Independence Avenue, SW
Washington, DC 20201
OCRMail@hhhs.gov
www.hhs.gov
Toll-free: (800) 368-1019
TDD Toll-free: (800) 537-7697

 

Revised 08/14/2020