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Section 504 Grievance Procedure
(Attachment E)

(The following procedure incorporates appropriate minimum due process standards and may serve as a model or be adapted for use by recipients in accordance with 45 C.F.R. 84.7(b) of the Departmental regulation implementing Section 504 of the Rehabilitation Act of 1973.)

(Name of recipient) has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulations (45 C.F.R. Part 84), implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified disabled individual . . . shall solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . ." The law and regulation may be examined in the office of (name, title, office address, and telephone number), who has been designated to coordinate the efforts of (name of recipient) to comply with the regulations.

1. A complaint should be in writing, contain the name and address of the person filing it, and briefly describe the discriminatory act.

2. A complaint should be filed in the office of the Section 504 coordinator within 30 days after the person filing the complaint becomes aware of the alleged discriminatory act.

3. The (title of recipient's chief executive officer), or designee, will investigate the complaint. The investigation will be informal but thorough, affording all interested persons and their representatives an opportunity to submit evidence relevant to the complaint.

4. The (title of recipient's chief executive officer) shall issue a written decision determining the validity of the complaint no later than 30 days after its filing.

5. The Section 504 coordinator shall maintain the files and records relating to all complaints filed. The Section 504 coordinator may assist persons with the preparation and filing of complaints, participate in the investigation of complaints, and advise the (title of recipient's chief executive officer) concerning their resolution.

6. An individual who files a complaint may pursue other remedies. This includes filing with:

   Insert the address for the Regional Office for Civil Rights that has responsibility for investigating complaints in the state in which the alleged discrimination took place. The applicable OCR Regional Office addresses may be found at http://www.hhs.gov/ocr/pregrant/intropg.html.

7. These rules shall be liberally construed to protect the substantial rights of interested persons to meet appropriate due process standards and assure (name of recipient's) compliance with Section 504 and the regulations.

     

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