Disability Grievance Process

Any student who believes that UH West O‘ahu has not properly accommodated their disability, and/or that UH West O‘ahu is discriminating against them based on disability, may file a grievance to address the issue. Both informal and formal grievance processes are available for timely resolution of all disputes. For more information on filing a grievance based on disability, please review our grievance procedure.
UH West O‘ahu is committed to inclusion and full access, guided by these two core principles:

UH West O‘ahu strictly prohibits and will not tolerate any form of discrimination on the basis of an individual’s disability.
UH West O‘ahu offers individualized assessment and reasonable and/or necessary accommodation to otherwise qualified individuals with disabilities.

These principles apply to every facet of UH West O‘ahu’s operations, including but not limited to admissions, academic requirements, financial aid, or any other school-administered program or service.

I. Introduction

Students with complaints regarding University of Hawai’i – West O’ahu (UH West O’ahu) compliance with particular provisions of Section 504 of the Rehabilitation Act of 1973 or the Americans with disabilities Act have the right to file a grievance. The Office of Civil Rights (OCR) within the U.S. Department of Education (ED) protects the rights of students in educational programs or activities that receive financial assistance from ED. If a student is not satisfied with the services provided by UH West O’ahu, and cannot resolve the issue using this grievance process, the student may file a civil rights suit through the OCR, U.S. Department of Education.

II. Applicability

The grievance procedure set forth below applies to students of UH West O’ahu. It is designed to address disputes concerning:

A. Disagreements regarding a requested service, an accommodation, or a modification of a UH West O’ahu practice or requirement;
B. Inaccessibility of a program or activity due to disability;
C. Harassment or discrimination on the basis of disability;
D. Violation of privacy in the context of disability.

III. Informal Grievance Resolution

Prior to initiating the formal complaint procedure students are strongly encouraged to first meet with the Coordinator of Disability Support and Success for assistance in resolving the matter informally. The goal is to resolve the issue within ten (10) working days (excluding weekend days) of the alleged denial of accommodations or act of discrimination. The Coordinator of Disability Support and Success will provide the student with a written report in a timely manner with their decision.

If a resolution satisfactory to the student can not be achieved in ten working days from the date the student received written notification of UH West O’ahu’s Coordinator’s report, the student may file a formal complaint.

Although students are encouraged to pursue a resolution first through the informal complaint process, it is not mandatory. It should be noted, however, that many issues may be resolved quickly through the use of the informal resolution process. If the student’s complaint involves the ADA/504 Coordinator, the student may seek informal
resolution by contacting the Complaint Officer.

UH West O’ahu will make every effort to resolve conflict by informal means. Throughout all of these procedures the student should expect to be treated with respect and dignity, receive a timely response, and have the issues handled in a confidential manner. UH West O’ahu expects the student to bring up any problems early, give clear and detailed information, follow applicable procedures and be respectful of the people who are involved.

IV. Formal Grievance Resolution

If the informal grievance procedure described above does not yield a successful resolution, or the student chooses not to pursue an informal resolution, the student may file a formal grievance.

Please see the Grievance Procedure Process Document for more information on how to file a formal grievance.

V. Filing a Complaint with the Department of Education, Office for Civil Rights

Any student who remains dissatisfied with UH West O’ahu’s final decision of an informal and/or formal grievance regarding a disability claim may file a complaint with the Department of Education, Office for Civil Rights.

More information about the Department of Education, Office for Civil Rights complaint process can be found at their website: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html