SAS Compliance Requirements

Individuals with disabilities must be accepted to NCCU through the established admission process required of all applicants. Admission is based solely on the university's requirements; neither the nature nor severity of a disability is considered in the admission process.

Regardless of a disability, all students are responsible for fulfilling the essential requirements of courses/programs/degrees, including attendance expectations. Class attendance is an important part of a student’s educational experience. Students are expected to attend every meeting of their classes. Regardless of the reasons for an absence, students are accountable for all academic activities, and faculty may require special work or tests to make up for a missed class or classes.

SAS cannot officially excuse absences. SAS can provide written verification of a disability via an Accommodation Plan. This verification may address the legitimacy of an absence (e.g., receipt of hospital discharge instructions or a note from a doctor/medical provider) but not necessarily excuse it. The ultimate decision regarding absences and the resulting influence those absences have on grades is at the discretion of the instructor.

Students are at all times expected to conduct themselves as individuals of prudence and maturity. The rights and feelings of others must be respected. Students shall demonstrate a high regard for school facilities and property and the personal property of others. The college has adopted a statement of student rights and responsibilities and a statement on disruptive behavior in the classroom.

In accordance with the Student Code of Conduct, students are expected not to give or receive help during tests, not to submit papers or reports (that are supposed to be original work) that are not done entirely on their own, and to cite source materials properly. 

I. Statement 

The Americans with Disabilities Act (ADA) prohibits the exclusion of people from jobs, services, activities, or benefits based on disabilities. Under the ADA, disability is defined as a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such impairment, or being regarded as having such an impairment. In addition, Section 504 of the Rehabilitation Act states that no qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance from the U.S. Department of Education. Further, it specifically ensures that no qualified individual with a disability shall, on the basis of disability, be subjected to discrimination under any program or activity that receives Federal financial assistance. Like the ADA, it applies to employment and educational programs and activities.

Students who believe they have been discriminated against, in violation of the ADA or Section 504, should follow the procedures described below.

II. Scope of Grievance Procedures

Any University student who believes that he or she has been subjected to discrimination on the basis of disability or has been denied access or accommodations required by law shall have the right to invoke this Grievance Procedure. In general, this Grievance Procedure is designed to address the following types of concerns:

• Disagreements or denials regarding requested services, accommodations, or modifications to University practices or requirements;
• Alleged inaccessibility of a University program or activity;
• Alleged harassment or discrimination on the basis of a disability; and
• Any other alleged violations of the ADA and/or Section 504.

This Grievance Procedure, however, is not intended and shall not supersede other University policies and procedures that may exist for addressing issues of concern unrelated to disabilities for which separate University policies and procedures exist, including, for example, grade appeals unrelated to alleged disability discrimination. For these types of alleged violations, students should use the Student Grievance Policy procedures located in the NCCU Student Code of Conduct.

III. Procedures

All disability-related grievances covered by these procedures must be filed within 45 business days of the alleged compliance violation. The University may extend this time frame when a delay is due to circumstances beyond the student’s control, e.g., illness or incapacity. As an initial matter, all grievances shall be reviewed by the Office or individual to whom they are submitted to determine whether they are submitted within a timely manner and/or whether they contain all required information. The University shall not review a grievance that is untimely or fails to contain all required information, including a clear statement of all grounds for the grievance. Students shall be provided with the opportunity to supplement grievances that are timely filed. To facilitate a clear and prompt resolution, a grievance shall not be expanded beyond the issues presented in the student's initial complaint. The University reserves the right to redirect a grievance to the proper grievance procedure or to any other appropriate review procedure and will notify the student of any such redirection.

The written complaint shall include the following:

• A full description of the problem and any relevant facts including dates, timeframes, names of witnesses, etc;
• A summary of the steps the student has already taken in attempt to resolve the problem, including the names of persons contacted;
• A statement of the requested resolution and the student's rationale for the requested resolution for each perceived violation;
• Any supporting documentation; and
• The name, contact information and signature of the person initiating the complaint.

A University student is encouraged, but not required, to first attempt to resolve his or her complaint informally by selecting any of the following options:

• Present their concern in writing to the instructor or to the department head and/or Dean within 45 business days of the incident causing the complaint. The complaint should explain the nature of the problem and a suggested solution. Unless there are extenuating circumstances, the instructor or department head will resolve the complaint or respond to the student within 10 business days.
• Bring their concern to the Office for Student Accessibility Services (SAS) within 45 business days of the incident causing the complaint. The regular SAS documentation/accommodation process, outlined in the NCCU Student Handbook, will be followed.
• Students may consult and seek the assistance of the University's Ombudsperson as a way of informally mediating any unresolved issues.

A student who files an informal complaint will be notified that he or she may file a formal complaint at any time.

If no satisfactory resolution is reached after the above informal attempts to resolve the complaint are made, or if the student chooses to bypass the above informal complaint process, students should submit a written complaint within 45 business days of the incident causing the complaint. If a student attempts to resolve the matter informally and that attempt has failed or the student decides to end the informal process for any other reason, the student will have an additional 10 business days from the termination of the informal proceedings to file a formal complaint. A listing of all meetings and/or written attempts to resolve the issue should be included with the formal complaint.

1. Where the complaint alleges the denial of an approved academic accommodation or service by a faculty member, the complaint should be filed with the Office for Student Accessibility Services (SAS). SAS shall assess the formal complaint and review all information necessary to render a written determination to the student and the Administrative Officer or appointed designee. If requested, the student shall submit any additional information and/or documentation as requested by SAS, unless SAS can access the information directly. SAS will investigate the student’s allegation and generally issue a letter of determination to the student and faculty member/University staff of their findings within 10 business days of the student's formal complaint being received. SAS or its designee will take any steps necessary to implement the decision, including but not limited to, providing a copy of the letter of determination to the appropriate University officials. In instances where SAS has been previously involved in the unsuccessful resolution of an informal complaint, the written complaint should be filed with the Office of the Vice Chancellor of Student Affairs within the timelines outlined above.
2. If the student disagrees with the determination given by SAS, the student may seek a review of the grievance by the Office of Equal Opportunity (EEO) within 5 business days of receipt of the SAS decision. The University's EEO Officer will review the letter of determination offered by SAS and obtain and review all information necessary to render a written determination. If needed, the student shall submit any additional information and/or documents as requested by University's EEO Officer unless the EEO Officer can obtain the information him/herself. The EEO Officer will issue a letter of determination within 10 business days of receiving the student's request, and will notify the parties, in writing, of any unavoidable delays including the reason for the delay and the anticipated completion date. The EEO Officer will supply the student and relevant parties with a copy of the letter of determination and take any steps necessary to implement his or her decision, including but not limited to, providing a copy of the letter of determination to the appropriate University officials.
3. If the complaint is against the Office for Student Disability Services, e.g., regarding the denial of requested accommodations, the complaint should be sent to the Office of the Vice Chancellor (208 Student Services Building) for review, which will then be filed with the University's EEO Officer.
4. All other complaints of disability discrimination covered by this procedure (e.g., alleging inaccessibility of a University program or activity, harassment, or other discrimination based on disability) should be filed with the EEO Officer. The EEO Officer will conduct an investigation of the complaint. This will include providing the student with an opportunity to submit evidence, including identifying witnesses and documents for the EEO Officer's consideration as part of the investigation. The EEO Officer will provide a written letter of determination to the student, the individual(s) accused of discrimination, and the Administrative officer or appointed designee. Unless there are extenuating circumstances, the University's EEO Officer will issue the letter of determination within 10 business days of receiving the formal complaint. If extenuating circumstances cause a delay, the EEO Officer will notify the student, in writing, of the reason for the delay along with an anticipated timeframe for issuance of the final letter of determination. The EEO Officer will supply the student and relevant parties with a copy of the letter of determination and take any steps necessary to implement his or her decision, including but not limited to, providing a copy of the letter of determination to the appropriate University officials.
5. If the student disagrees with any determination made by the EEO Officer, the student may seek a review with the Provost or his/her designee within 10 business days. The student shall submit a written letter requesting a review of the complaint. The Provost or Designee shall review the student's letter, all pertinent records, and documentation. The Provost or his/her designee will provide a letter of determination to the student within 10 business days of the student's request unless there are extenuating circumstances. If extenuating circumstances cause a delay, the Provost will notify the student, in writing, of the reason for the delay along with an anticipated timeframe for review and issuance of the final letter of determination.
6. A Student may withdraw a formal grievance at any time by written notice to the administrator or office handling the grievance at that time.
7. Grievance records will be held in the office where the formal grievance is first filed. Records will be held for a period of three calendar years after which the records will be destroyed.

Specified time limitations refer to the academic year, September through May. If a student presents a grievance in June or the alleged incident allegedly occurred during the summer months, the time calculation may be suspended between the end of the academic year and the opening of the following academic year in September, where such a suspension would not adversely impact the student’s ability to obtain a request or time sensitive accommodation, e.g. request for summer school. In such a situation, the 45-day timeframe would begin the first day of the academic year. In addition, time limitations do not include official university holidays or other closures during the regular academic year. The term "days" refers to days when the university is open for business.

Although students are encouraged to attempt to resolve complaints pertaining to disabilities by using this grievance procedure, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR). Students should be aware that they have 180 days from the last alleged act of discrimination to file with OCR, or within 60 days after the conclusion of the university’s grievance process.

U.S. Department of Education
Office for Civil Rights
D.C. Enforcement Office
400 Maryland Avenue, SW
Washington, D.C. 20202-1475
Telephone: 1-202-453-6020
Fax: 202-453-6021
TDD: 877-521-2172
Email: [email protected]

The University prohibits retaliation against any student for filing a grievance under this process or against any other individual participating in the investigation of a grievance. Any such retaliation is against state and federal laws and North Carolina Central University Policy. Retaliation may be subject to disciplinary action up to and including termination. Students or any individual who has participated in the grievance process in support of the student may file a grievance under these procedures with the University's EEO Office if they feel they have been retaliated against.

Confidentiality shall be maintained by each person involved in the informal or formal investigation or resolution of a student grievance under this policy. Any disclosures regarding the student or the investigation shall be limited to the minimum necessary to accomplish the investigation or address the student's grievance.