Appeal Procedures
Office of Student Access and AccommodationsSection 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA) of 1990 provide that qualified persons with disabilities cannot be excluded from participation in, denied the benefits of or be subjected to discrimination by any service, program or activity of a post-secondary institution. In order to meet the needs of students with disabilities and fulfill its legal obligations under section 504 and the ADA, the Office of Student Access and Accommodations assists students with disabilities in identifying and accessing reasonable accommodations through the University’s accommodations process.
Students who believed they have been discriminated against may file a claim or complaint with the Dean of Students, 107 Fennell, MCPHS University, 179 Longwood Avenue, Boston, MA 02115-5896. Complaints should be filed within 30 days of the incident and should include the following:
- The exact nature of the complaint; how the complainant feels their rights have been denied and the person(s) responsible
- The date, time, and place of the incident
- The names of witnesses or persons who have knowledge of the incident
- Copies of any available written documentation or evidence
- Actions that could be taken to correct the violation
If there is agreement that the complainant was the subject of discrimination, corrective action will be taken to restore the complainant’s rights. If there is no agreement, the complainant may appeal to the Vice President for Academic Affairs, or designee.
Students may also file a complaint of discrimination with The Office for Civil Rights, 5 Post Office Square, 8th Floor, Boston, MA 02109-3921 at any point in the complaint process.
To discuss their rights under Section 504 and the ADA or to obtain help in filing a complaint, students should contact the Office of Student Affairs on the Boston campus.
Stages
A student who believes they have been the subject of a discriminatory act or practice should first discuss the complaint with the person against whom the complaint is being made. If the circumstances of the complaint prevent the complainant from having this discussion, or if the complaint is not resolved within five business days, the complainant should discuss the complaint with the Dean of Students.
If the complaint resulted from a violation of student policies of the University or a violation of law, the Dean shall take or direct appropriate administrative action to enforce established policies or laws. If the complaint resulted from a violation or potential violation of employee policies while the student serves in a University employee role, the complaint will be referred to Human Resources who will follow University employment policies and grievance procedures with the involvement of the Dean of Students.
If the complaint involves a question of judgment or opinion not covered by established policies or laws, the Dean will meet with both the complainant and the person against whom the complaint it being made within five business days of receiving the complaint to attempt to resolve the matter.
If the Dean finds no basis for the complaint, the complainant will be so advised and given notice of the right to file a written complaint under the formal stage of this grievance procedure.
A student who believed they have been the subject of a discriminatory act or practice must file a written complaint within 90 business days of when the complainant knew or should have known of the alleged discriminatory act or practice.
If the complaint has not been resolved at the informal stage, or id the student does not initiate the complaint at the informal stage, the complainant should submit a complaint in writing. The written complaint should include the following:
- The exact nature of the complaint; how the complainant feels his/her rights have been denied and the person(s) responsible.
- The date, time, and place of the incident
- The names of witnesses or persons who have knowledge of the incident
- Any available written documentation or evidence that is relevant to the complaint
- Actions the complainant believes should be taken to correct the violation
Complaints should be submitted to the Dean of Students. Complaints submitted in relationship to student employment will be referred by the Dean to Human Resources with the Dean collaborating with the Human Resources as needed. If the complaint involves the Dean, the complaint should be filed with the Vice President for Academic Affairs, who shall appoint an alternate academic office to receive the student complaint.
The Dean or Human Resources shall promptly hear the complaint, together with such witnesses as they deem relevant to the complaint. The complainant shall have the right to name a dull-time faculty or professional staff member of the University to be present during the hearing to act as their advisor, but no attorneys or other advocates shall be permitted for any party.
The Dean or Human Resources shall make findings and reach a decision within 30 business days of the end of the hearing. They will communicate the findings and decision in writing to the complainant and other appropriate parties.
The complainant may appeal the decision as follows: for students to the Vice President of Academic Affairs. If either of these Vice Presidents made the decision on the formal grievance, or if the formal grievance is against either of these Vice Presidents, the complainant may appeal the decision to the President of the University.
The designated Vice President or other designated person shall review the findings and decision of the Dean or Human Resources, as the case may be and shall make a decision to uphold or overrule the findings and decision to the complainant and other appropriate parties. The decision of the designated Vice President shall be final and not subject to further appeal at MCPHS.