New School University Disability
Anti-Discrimination Complaint Procedures
For Faculty & Staff

February 2003

I. Informal Process

A faculty or staff member ("employee") who needs a reasonable accommodation for a disability in order to perform an essential function of his/her job may make such a request to the Director of Benefits in the Human Resources Department. The Director of Benefits shall consult with employee's department head in processing the request. The supervisor may require the employee to submit adequate documentary evidence from medical professionals describing both the injury, condition or disease which forms the basis of the disability, the resulting limitation of function, and various, alternative accommodations which would remedy the circumstance. The University will keep such request for accommodation confidential and will disclose information about the individual's disability only to those with a "need to know".

II. Filing a Complaint

1. If the employee believes that he/she has been discriminated against on the basis of a disability, that employee may file a formal written complaint within twenty (20) days after the alleged discrimination.



2. The complainant shall file the signed complaint in writing with the Human Resources Department. A complaint shall contain the name, address and telephone number of the person filing it, a detailed description of the injury, condition or disease which is the basis of the disability, a description of the resulting limitations of function and/or a complete description of the alleged discriminatory act(s). The complainant may also be required to provide any of the following information, to the extent practicable:
   
   
   1. A detailed description by medical professionals of the injury, condition or disease and the resulting limitation(s) if function which is the basis of the disability claim;
   
   
   2. The issues or circumstances involved;
   
   
   3. The date of the alleged discriminatory act(s);
   
   
   4. Details of what allegedly occurred;
   
   
   5. Identification of witnesses or others with relevant knowledge; and
   
   
   6. The accommodation(s) requested and/or remedy sought.
   
   
   7. The alleged specific violation of Section 504 of the Rehabilitation Act, the Americans with Disabilities Act or any other federal, state or local disability law.
   
   
3. An investigation, as may be appropriate, shall follow the filing of a complaint. The University's Disability Official or a designee will conduct the investigation. During the investigation the complainant (and anyone accused of discrimination in the complaint) may be contacted and afforded an opportunity to submit evidence relevant to the complaint.



4. The designee shall issue a written determination regarding the complaint and, if appropriate, a description of the resolution. The designee shall forward a copy of the determination to the complainant and to the University Disability Official within a reasonable period of time. The designee shall notify the complainant of the opportunity for a reconsideration of the complaint by the University Disability Official.



5. The complainant as well as the accused may request a reconsideration of the designee's determination. Written requests for reconsideration must be submitted to the University Disability Official within 20 days of the date of the designee's determination. The University Disability Official will then review the request for reconsideration and may investigate further the circumstances of the complaint. He/she will issue thereafter a written determination and will forward a copy of this determination to the party who requested reconsideration within a reasonable period of time. The University Disability Official's determination is final and binding on behalf of the University.



6. In cases of alleged discrimination filed by students, applicants or other non-employees of the New School against a staff member covered by a collective bargaining agreement, the university will utilize this complaint procedure. In all other cases involving staff members covered by collective bargaining agreements, the university will utilize the grievance and arbitration process of the applicable collective bargaining agreement, unless both the staff member and union agree in writing to utilize this complaint procedure.



7. Anyone accused of discrimination in the complaint shall be notified of such accusations and shall be afforded an opportunity to respond to such allegations, including any reconsideration by the University Disability Official, or the Official's designee, as appropriate. Anyone accused of discrimination in the complaint shall also be notified of the final determination of the complaint.
   

New School University herein expressly prohibits retaliation against anyone who requests an accommodation or who files a complaint of discrimination under these procedures.

February 2003