Americans with Disabilities Act-Disability Services
65 Student Disability Complaint and Grievance Appeals Procedures
Americans with Disabilities (ADA) Title II/Section 504 Student Grievance Procedure: Murray State College, in compliance with Title VI of the civil Rights Act of 1964, Executive Order 11246 as amended, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, and other federal laws and regulations, does not discriminate on the basis of race, color, national origin, gender, sex, age, religion, handicap, or status as veteran in any of its policies, practices, procedures, education programs, or activities. This includes but is not limited to, admissions, employment, financial aid, and educational services. Murray State College has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA). Students with ADA complaints should follow the Americans with Disabilities (ADA) Title II/Section 504 Student Grievance Procedure as published in the printed MSC Student Handbook which can also be found online www.mscok.edu for current students and on file in the Office of the ADA Compliance Officer.
a. A complaint should be filed within ten working days after the complainant becomes aware of the alleged violation.
b. A complaint should be filed in written form containing the name and address of the person filing the complaint and a brief description of the alleged violation of the regulations. All complaints should be filed with the ADA Compliance Officer in person in the office LS 101F in the Testing Center/MSC Library Building, One Murray Campus Tishomingo, OK 73460 580.387.7463 or via email ada@mscok.edu If the complaint is filed against the ADA Compliance Officer-Tracey Hickman the complaint should be file with Quinton Jones, Executive Director of Student Affairs, in the Resident Housing Office #2, One Murray Campus, Tishomingo, OK 73460, 580.387.7139, or via email qjones@mscok.edu.
c. A confidential, adequate, reliable, and impartial investigation will take place. An opportunity for all parties involved to present witnesses and other evidence will be given. The investigation will be conducted by the ADA Compliance Officer.
d. A written notification/determination as to the validity of the complaint and a description of the resolution, if any, is to be issued by the ADA Compliance Officer or Quinton Jones-Executive Director of Student Affairs and a copy provided to the complainant no later than 10 working days after the complaint has been filed.
e. The ADA Compliance Officer will maintain detailed recordings of the investigation including notes of interviews, copies of documents reviewed, and other relevant information relating to the complaints filed. Records will be kept in the Office of and under the care of ADA Compliance Officer.
f. The complainant can request a reconsideration of the case in instances where he/she is dissatisfied with the resolution. The request for reconsideration should be made within 10 working days from the date of receipt of the written determination as set forth in Item C.5. This request for reconsideration should be sent to the President of Murray State College, Murray State College Administration Building, One Murray Campus, Tishomingo, OK 73460, 580.387.7101, president@mscok.edu
g. The President reviews the materials presented, interviews individuals as deemed appropriate, and renders a final decision within 10 working days. The Oklahoma State Regents for Higher Education has an established claim process to handle complaints above the institutional level.
h. All information regarding a student’s disability is highly confidential and is maintained in separate, secure files with limited access. Information is shared only on a need-to-know basis.
i. If necessary the College will take steps to prevent the recurrence of any discrimination, and to remedy the discriminatory effects of discrimination, of which it has notice.
j. Compliance responsibilities regarding Section 504 and Title IX of the Education Amendments Act of 1972 are assigned to and maintained by: Tracey Hickman- ADA Compliance Officer, MURRAY STATE COLLEGE, One Murray Campus, Tishomingo, OK 73460, 580.387.7201, 7717 ada@mscok.edu. The Compliance Officer assumes responsibility for seeing that the College is properly interpreting federal regulations requiring the College take such steps as are necessary to ensure that no student with a disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of absence of reasonable accommodations.
NOTE: The following applies to all complainants: The right of a person to a prompt and equitable resolution of the complaint filed hereunder is not to be impaired by the person’s pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. These rules are construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that MSC complies with the ADA and implementing regulations.