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University of Alabama at Birmingham
Disability Support Services ADA/504 Grievance Procedure

I. THE UNIVERSITY OF ALABAMA AT BIRMINGHAM’S COMMITMENT AND POLICY STATEMENT

The University of Alabama at Birmingham (“the University”) is dedicated to providing all individuals with disabilities equal opportunity, access and participation in the University’s courses, programs, activities, services and facilities in accordance with applicable University policies as well as federal and state laws.
UAB’s Executive Director of Disability Support Services (“DSS”) has been designated as the campus-wide ADA/504 Coordinator (the “ADA Compliance Officer”). Students who believe they have been discriminated against on the basis of their disability (including being denied access or accommodations as required by law) may have their concerns addressed as outlined in these procedures.

II. DEFINITIONS

Student - an individual who is currently enrolled in or has registered for any undergraduate, graduate, or professional academic program at the University regardless of location (University Premises, online, off-campus, or auditing); is not enrolled for a particular term but has a continuing relationship with the University; or is participating in an educational program sponsored by or affiliated with the University including but not limited to orientation or education abroad programs.

III. APPLICABILITY

The University has adopted this grievance procedure for UAB students with disabilities as the means to provide for prompt and equitable resolution of grievances related to the following types of concerns or issues within a UAB course, program, activity, or service:

  1. Complaints that a student has been denied approved academic adjustments, accommodations, services or modifications related to UAB courses, programs, activities, or services.
  2. Complaints that UAB has failed to approve a reasonable accommodation or engage in the interactive process.
  3. An allegation of the inaccessibility of a UAB course, program, service, activity or facility.
  4. Any other harassment or discrimination on the basis of disability.

These procedures only apply to complaints of alleged discrimination or harassment on the basis of disability made by a student. UAB employees who allege discrimination on the basis of disability should refer to UAB’s Equal Opportunity and Discriminatory Harassment Policy https://uab-public.policystat.com/policy/18580370/latest/. Visitors (non UAB-affiliates) to the University campus who allege discrimination on the basis of disability should contact the ADA Compliance Officer to discuss their concerns at This email address is being protected from spambots. You need JavaScript enabled to view it..

If an individual with a disability alleges that they have experienced discrimination while a patient of or visiting a patient of UAB Medicine, those individuals should refer to UAB Medicine’s Notice of Nondiscrimination, which outlines how to file a grievance: https://www.uabmedicine.org/legal/notice-of-nondiscrimination/.

IV. WHO CAN FILE A GRIEVANCE

Within these procedures, individuals who have experienced alleged discrimination will be referred to as the Complainant and the individual(s) about whom a grievance has been filed will be considered the Respondent(s). Individuals who report alleged discrimination but are not the alleged victim of the discrimination are considered the Reporter.

V. OVERVIEW OF THE GRIEVANCE PROCEDURES

Complaints

Prior to seeking a formal resolution, a student is encouraged to resolve an allegation of discrimination or harassment through the informal resolution options outlined below.

A. Informal Resolution Options for Students

Although none of the actions set forth below are required before a student is eligible to file a formal complaint, the University encourages the use of these mechanisms for informal resolution of a complaint. This list is not exhaustive. Resolutions offered during the informal process do not necessarily constitute a finding of a policy violation.

  1. One-on-one Meeting. The student making a complaint is encouraged to meet with the person whose behavior is considered discriminatory to discuss the situation and seek resolution.
  2. Intervention by Supervisor, Manager, or Department/Unit Head. The student making a complaint is encouraged to contact the department/unit head to request assistance with resolving an allegation of discrimination or harassment.
  3. Facilitated Conversation. If a one-on-one meeting or intervention by departmental officials does not resolve the discrimination or harassment allegation, the individual making the complaint may contact Disability Support Services to request assistance with resolution through a facilitated conversation between the complainant and respondent. Facilitated conversations allow the parties involved to discuss the relevant issues in order to seek mutually agreeable solutions and will include a member of Disability Support Services.

Should the above informal procedures fail to resolve the matter satisfactorily, a complaint may be filed by the student through the Formal Complaint and Resolution Procedure below.

B. Formal Complaint and Resolution Procedure

  1. How to File a Grievance

    To initiate the grievance process and/or request the Grievance Form, please contact the ADA Compliance Officer directly. A grievance may be initiated through the following means:

    • Mail: The student may file by mail to the following address:

      Allison B. Solomon, ADA Compliance Officer
      Hill Student Center, Suite 409
      1400 University Blvd, Birmingham, AL 35294

    • Email: The student may email the completed Grievance Form or a written complaint containing the information outlined in the ADA/504 Grievance Letter/Email Guidelines to This email address is being protected from spambots. You need JavaScript enabled to view it..

    Note: Alternative forms of filing will be considered upon request to the ADA Compliance Officer at This email address is being protected from spambots. You need JavaScript enabled to view it. or (205) 934-4205.

  2. Required Information

    The following information is required for any grievance to move forward, regardless of the means of filing:

    1. The name, current mailing address, phone number (where you can be reached during normal business hours), and email address of the person initiating the grievance.
    2. A full description of the alleged act(s) in sufficient detail to enable the individual investigating to understand what occurred, when it occurred, and the basis for the alleged complaint.
    3. A summary of the steps the complainant has already taken in attempting to resolve the problem. This should include the names of persons involved; contact information of those involved, if available; and the departments or offices inside and outside of the University already contacted.
    4. A statement of the requested resolution (what the complainant would like to see happen to resolve this matter).
    5. Any supporting documentation, including any correspondence related to the matter.
  3. Confidentiality and Protection from Retaliation

    To the extent possible, all complaints will be handled confidentially and addressed in accordance with relevant UAB policy.

    All individuals may use the procedures without penalty or fear of retaliation.

  4. Filing Deadline

    Complainants are encouraged to report an incident immediately when it occurs or as soon as possible thereafter. Grievances should be submitted no later than thirty (30) days after the date the person filing the complaint becomes aware of the alleged action.

    Reports filed after 30 days will still be accepted. However, it may be more difficult for the University to investigate and provide a remedy or resolution to a complaint the longer time passes from the incident.

  5. External Complaint to the U.S. Department of Education

    Although students are encouraged to attempt to resolve complaints pertaining to disabilities by using the University’s informal resolution options or these formal grievance procedures, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR):

    Atlanta Office
    Office for Civil Rights
    U.S. Department of Education
    61 Forsyth St. S.W., Suite 19T10
    Atlanta, GA 30303-8927

VI. REQUESTING ACCOMMODATIONS

Any party may request disability accommodations during the grievance process. To do so, the party should submit the requested accommodations in writing directly to Disability Support Services.

VII. FORMAL COMPLAINT PROCEDURES

All written grievances received by the ADA/504 Compliance Officer or their designee, appeals to the Vice President for Student Affairs or their designee, and responses from these two offices will be retained by UAB for at least seven years.

A. Initial Assessment

Upon receipt of the grievance, the University’s ADA Compliance Officer will assign the matter to the appropriate University employee who will act as the investigator. As an initial matter, all grievances shall be reviewed by the investigator to determine whether they contain all required information as listed above. If further information is required to clarify the grievance before an investigation can begin, the Complainant will be contacted. The Complainant has 10 calendar days to respond to the request for additional information. Such time may be extended for a reasonable amount of time at the discretion of the investigator.

The investigator will dismiss a grievance without further investigation if it is determined that:

  • The reported conduct does not rise to the level of a policy violation even if proven to be true;
  • The grievance is unclear or incomplete to the extent that there is insufficient information on which to commence an investigation, and the Complainant did not provide the requested clarifying information within 10 calendar days of the request;
  • The grievance does not fall under the jurisdiction of these procedures (in which case, the Complainant will be referred to the appropriate process or office and all necessary information will be forwarded); or
  • The allegations raised by the Complainant have already been resolved by the University.

If the grievance is dismissed following the initial assessment, the Complainant will be notified in writing within 10 calendar days of this determination.

B. Investigations

If it is determined following the initial assessment that the grievance will move forward, an investigator will open the grievance investigation. Opening an investigation in no way implies that UAB has made a determination with regard to the merits of the complaint. The investigator will collect and analyze relevant evidence from the Complainant, the Respondent(s), and other sources as appropriate. During the investigation, the investigator is a neutral fact-finder. The investigation will be thorough, affording all parties an opportunity to submit evidence relevant to the grievance. Investigations of grievances will be adequate, reliable, impartial and prompt.

The Complainant is not required to meet or address the Respondent(s) directly. However, if both parties agree to a meeting that will assist in resolving this matter, there may be instances where this would prove helpful to resolving the matter. During the investigation, the Complainant can request to opt out of the Formal Grievance Process and/or choose to pursue informal resolution by communicating directly with the ADA Compliance Officer.

C. Conclusions of the Investigation and Determinations

The investigator will make a decision based on the preponderance of the evidence whether university policy has been violated and will make recommendations for next steps to the ADA Compliance Officer. The ADA Compliance Officer will then provide a final determination in writing to all parties.

VIII. REQUESTS THAT NO ACTION BE TAKEN

If a Complainant requests that neither informal nor formal processes be initiated, the investigator, in consultation with the ADA Compliance Officer, will consider the request. The ADA Compliance Officer or their designee will make the final determination as to whether to initiate a formal investigation. However, if the facts indicate that a University policy violation may have occurred, the University may be obligated to investigate the situation further, even if the Complainant asks that the matter be closed. The ADA Compliance Officer will notify the Complainant whether the University will be able to honor this request to not investigate.

IX. PRIVACY STATEMENT

The privacy of information disclosed during the course of investigations will be respected to the extent feasible and practical. However, the University has a duty to respond to allegations of discrimination and therefore cannot guarantee confidentiality once allegations are disclosed to University officials. The University will reveal information about grievances filed under these procedures and related investigations, as well as their outcomes, only to those with a legitimate need to know in order to carry out their duties and responsibilities and/or individuals believed to have knowledge or information about the conduct alleged. Parties with questions about who may receive such information should contact the ADA Compliance Officer.

X. APPEALS

Any Complainant or Respondent(s) who is unsatisfied with a determination of the ADA Compliance Officer may seek an appeal for reconsideration with Dr. John R. Jones, III the Vice President for Student Affairs at This email address is being protected from spambots. You need JavaScript enabled to view it..

The permissible grounds for appeal are:

  • A specified procedural error(s) occurred that materially impacted the outcome of the investigation;
  • New information exists that was not known or could not have been known at the time of the investigation and could materially impact the determination on findings;
  • There is no reasonable basis for the sanction(s) or the sanction(s) is grossly disproportionate to the severity of the violation(s).

Disagreement or general dissatisfaction with the determination is not, by itself, grounds for appeal.

Complainant or Respondent(s) must submit an appeal in writing within 15 days after receiving the ADA Compliance Officer’s determination. The Vice President for Student Affairs or their designee shall review the appeal, all pertinent records, and documentation, and may, at his/her discretion, solicit written clarification on any issues raised on appeal. The Vice President for Student Affairs or their designee will not substitute his or her judgment as to factual findings for the judgment of the ADA Compliance Officer.

The Vice President for Student Affairs or their designee will send a written appeal decision to the parties and, if appropriate, to the division administrator whose authority will be needed to carry out the decision, within 15 days of the appealing party’s request unless there are extenuating circumstances. If extenuating circumstances cause a delay, the Vice President for Student Affairs will notify the appellant in writing of the delay along with an anticipated time frame for review and issuance of the written decision.

The decision of the Vice President for Student Affairs or his/her designee on the appeal is final.

XI. RETALIATION

It is a violation of UAB’s policy to retaliate against anyone who files a grievance or cooperates or participates in the investigation of a grievance. Coercion or intimidation of, threats toward, or interference with anyone because he or she exercised his or her rights under Section 504 and/or the ADA , or helped or encouraged someone else to do so, is also prohibited.

Retaliation is separate from the original complaint of discrimination and will be considered independently from the merits of the underlying complaint. Anyone who believes he or she has been subjected to retaliation because of his or her participation or cooperation in the grievance process or because he or she requested a reasonable accommodation should report the conduct to the ADA Compliance Officer.

XII. RECORDS

The ADA Compliance Officer for the University of Alabama at Birmingham shall maintain the files and records of all complaints for which he/she is responsible under this grievance procedure and in accordance with UAB’s document retention policy.