Filing a Complaint

Harvard University Disability Grievance Policy and Procedure

Introduction

Harvard University is committed to providing equal opportunities for qualified community members with disabilities to access and participate in academic, social, employment, cultural and recreational programs at Harvard. This commitment is grounded not only in disability law, including Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments of 2008, but also in Harvard's commitment to diversity, equity, inclusion and belonging for all members of the community.

Scope & Application

This policy and procedure is intended to provide for the prompt and equitable resolution of complaints by any Harvard employee, student enrolled in a Harvard course or program, or other community member who believes that they have been discriminated against on the basis of disability.

This procedure may be used to address concerns involving:

Disagreement regarding the determination and/or the delivery of a requested reasonable accommodation, auxiliary aid or service, or assistive technology;
Failure to provide modification of a school/university policy, practice or requirement in an effective or timely manner, or refusal to provide such modifications;
Denial of a requested accommodation;
Inaccessibility of a Harvard program, service or activity;
Harassment or disparate treatment because of a disability;
Any other instance in which a Harvard employee, student, or other community member believes that they have been subjected to discrimination on the basis of disability.

There is a separate University-wide Sexual and Gender-Based Harassment Policy and Procedures to address incidents related to sex, including sexual harassment and sexual violence, which is a form of sexual harassment; and gender-based harassment, including harassment based on sex (but not of a sexual nature), sex-stereotyping, sexual orientation, and/or gender identity. There also is a separate University-wide Non-discrimination Policy that prohibits discrimination based on any legally protected characteristic, although claims of discrimination on the basis of disability or failure to accommodate are addressed through this Harvard University Disability Grievance Policy and Procedure. There is a University-wide Anti-Bullying Policy that prohibits bullying, hostile and abusive behavior, and power-based harassment not on the basis of any protected class.

Resolution at the School or Unit Level

When an individual raises a complaint to University Disability Resources (“UDR”), if they have not yet first worked through their school’s or unit’s usual and customary informal problem-solving or disability complaint or review/reconsideration process, they are generally referred back to the appropriate party or group at their school or unit (i.e. a local disability/accessibility coordinator (LDC), supervisor, human resources officer, and/or program administrator) to first seek resolution at the local level.

Submitting a Formal Complaint to UDR

To initiate a formal complaint, Harvard community members are asked to provide a detailed written account of their concerns to the Director/504 Coordinator (or designee) of Harvard University Disability Resources, Suite 662, Smith Campus Center, 1350 Massachusetts Avenue, Cambridge, MA 02138, disabilityresources@harvard.edu, 617-496-0466 (TTY). “Complainant” as used in this procedure refers to a person who files a complaint under this procedure.

The following information should be included:

A clear and concise statement of the problem or issues to be reviewed and a summary of steps taken, if any, by the complainant to resolve the matter;
A detailed description of the relevant facts, including information about the complainant’s disability (if any) and the related impact on their access to Harvard’s programs and activities, names of persons with relevant information, and a description or copies of documents or other evidence related to the grievance;
A chronology or timeline of events;
The result and/or specific remedy that the complainant is seeking;
The name and contact information (including email address and phone number), and signature of the complainant; electronic signatures are acceptable.

Timelines

Complaints must be submitted to UDR within 180 days of the alleged act of discrimination. UDR may extend this timeframe when a delay is due to circumstances beyond the complainant’s control, such as incapacitating illness, or due to the time necessary for the completion of a local level disability complaint review/reconsideration process.

UDR will make every effort to complete a grievance investigation (including the initial assessment of the complaint, the exploration of informal resolution, and, where deemed necessary, the formal grievance investigation) with written results within 100 University working days from the time the formal written complaint is received by UDR; however, circumstances may extend the time necessary for investigation, such as difficulties in reaching fact witnesses and/or in attaining relevant documents.

Any changes to anticipated timeframes will be communicated in writing to the complainant and relevant stakeholders as deemed necessary.

Initial Assessment

Upon receipt of a formal complaint, UDR will first determine if the complaint is covered by this policy as it pertains to disability discrimination under Section 504, the ADA, and the ADA Amendments. If the complaint does not fall within the scope, then UDR will inform the complainant in writing of this determination and where possible, refer the complainant to alternate complaint avenues. If it does fall within the scope of this policy, then UDR will proceed with exploration of an informal resolution.

It is expected that the initial assessment will take place within 5 working days from the receipt of the formal complaint.

Informal Resolution

After determining that a complaint is covered by this policy, UDR will meet with the complainant to discuss their complaint submission. In most cases, UDR will then contact the other involved party (most often an LDC, human resources officer, program administrator, or other representative at the school or unit) in an effort to resolve the complaint informally. The other involved party will be provided with a copy of the formal complaint, which may be redacted, as deemed appropriate by UDR, including to protect privacy interests. UDR may also contact other individuals (faculty, staff, administrators) with information relevant to the grievance or obtain academic, medical (with the complainant’s consent), or other information necessary to facilitate the discussion through an initial fact-finding process.

It is expected that the informal resolution will take place within 10 working days from the completion of the initial assessment.

Formal Investigation

Fact-Finding

If the informal resolution process is unsuccessful, the complainant and the school or unit will be informed, as well as any other involved party. UDR will proceed with a formal investigation through a fact-finding process that typically includes in-depth interviews with the complainant and other stakeholders, and the collection and exploration of additional information relevant to the complaint. There may be instances when UDR will partner with, or designate, independent fact-finders outside of Harvard (the “designee”) to conduct formal investigations.

Notification of Outcome

At the conclusion of the fact-finding process, a preliminary written report summarizing the investigation findings and conclusions will be prepared and a copy, redacted as appropriate, will be provided to the complainant, the LDC and/or other appropriate party. The complainant and other involved party will have 5 business days from the date of receipt of the preliminary report to submit a written response to the preliminary report. UDR or the designee will consider any written responses before finalizing the report, including any recommendations for resolution. The final report, redacted as appropriate, will be sent to: the complainant and to the other involved party and to any appropriate stakeholders including the appropriate dean or vice president, or their designee. In administrative units that do not report to a dean or vice president, the LDC or local human resource officer, in conjunction with the unit director, may select a designee from within the University community to receive the final report. A preponderance of the evidence standard will be used in all determinations under this Policy and Procedure. A preponderance of the evidence standard means that, based on the information gathered, a thing is more likely than not to be true.

Remedies

If an investigation results in a finding of a violation of this Policy, UDR will consult with the complainant and the LDC or human resource officer and/or appropriate dean or vice president, or their designee, to resolve any violation and identify appropriate remedies and/or corrective actions. Implementation of remedies and/or corrective actions will occur at the school and/or program level. In the unusual circumstance that disciplinary measures for staff are warranted related to an investigation under this procedure, it will be addressed separately from the written decision, in consultation with the individual’s supervisor and/or human resources, as appropriate, and consistent with the “Performance Correction Process” in the University Staff Personnel Manual (for non-bargaining unit staff), the applicable collective bargaining agreement (for bargaining unit staff), or other locally established disciplinary policy or practices. In the unusual circumstance that disciplinary measures for faculty may be warranted related to an investigation under this procedure, it will be addressed separately from the written decision, by the appropriate Dean or Dean’s designee.

Rights and Responsibilities

The following expectations apply to all participants in the grievance process:

Advisors: Complainants may request that an advisor or support person, generally a Harvard faculty member, staff member or student, accompany them during their interviews during the grievance proceedings; however, advisors may not address the investigator or pose questions. The purpose of the proceeding is to provide a fair review of complaints filed by community members with disabilities; because these are not formal legal proceedings, persons acting as legal counsel are not permitted. In situations where an individual interviewed is a member of a collective bargaining unit at Harvard, and where the interview may reasonably lead to discipline, the individual may bring a union representative to any interviews with UDR or the designee;
Accommodations: UDR will make appropriate arrangements, upon request, to ensure that persons with disabilities are provided with accommodations during the grievance process. Accommodations typically remain in place during the grievance process; provisional accommodations may also be put into place;
Privacy: All persons involved in the grievance process will be advised of the importance of privacy as it pertains to the information discussed and information about the complainant; however, it may be necessary for UDR to share relevant details of the complaint with stakeholders on a need to know basis for the purpose of fact-finding and efforts to resolve the grievance. All parties in a formal complaint, including witnesses, will be notified of the expectation that they keep information about the case – including any documents that they may receive or review – confidential. They will also be notified that sharing such information might compromise the investigation or may be construed as retaliatory;
Conflict of Interest: In situations where a complainant raises allegations of harassment or disparate treatment against a University official who is designated as playing a role in this complaint process, an appropriate designee will assume those responsibilities in place of the named University official;
Cooperation: All participants are expected to cooperate and provide thorough and truthful information throughout the grievance process; and
Prohibition Against Retaliation: Harvard University prohibits retaliation against any person who: requests accommodations, voices concerns about discrimination, files a grievance alleging disability discrimination, or participates in the grievance process. Guidance for addressing concerns about retaliation is addressed through Harvard’s Non-Retaliation Policy.

Other Resources

While community members are encouraged to utilize this policy and procedure for disability-related complaints, they also have a right to file a complaint directly with the U.S. Department of Education, Office of Civil Rights (OCR) at Boston Office, Office for Civil Rights, U.S. Department of Education, 8^th Floor, 5 Post Office Square, Boston, MA 02109- 3921 Telephone: 617-289-0111 TDD: 800-877-8339 Email: OCR.Boston@ed.gov. Employees have a right to file complaints directly with the U.S. Equal Employment Opportunity Commission, JFK Federal Building, 15 New Sudbury Street, Room 475, Boston, MA 02203-0506 Telephone: 800-669-4000 TTY: 800-669-6820 ASL Video Phone: 844-234-5122, or directly with the Massachusetts Commission Against Discrimination, 1 Ashburton Place, Suite 601, Boston, MA 02108 Telephone: 617-994-6000 TTY: 617-994-6196 or mcad@mass.gov.

Effective: September 1, 2023