Americans with Disabilities Act
(ADA – 504/508)
Complaint Procedures

Any complaint from Students, College Employees or the Public concerning equal access, academic accommodation, faculty/staff access or accommodation, or access to technology as it relates to disabling conditions should contact the ADA 504/508 Coordinator, who is the Director of Disabled Student Programs and Services or designee.

A copy of the complaint procedures may be obtained from the following offices:
Vice President, Administrative Services; Vice President, Student Services; and Deputy Superintendent/Executive Vice President, Instruction.

ADA 504/508 Complaint Procedures

Any complaint from Students, College Employees or the Public may use the following process to file a complaint if the individual feels he or she has been unjustly treated concerning equal access, academic accommodation, faculty/staff access or accommodation, or access to technology as it relates to disabling conditions.

• Step 1: Initial level – Meet and confer with the ADA 504/508 coordinator who is the Director of Disabled Student Programs and Services or designee within ten (10) working days of the incident.


• Step 2: If the complaint is not resolved in Step 1, he or she may then make a written complaint to the ADA 504/508 coordinator (Director of Disabled Student Programs and Services) within ten (10) working days of the step 1 meeting. The ADA 504/508 Coordinator will investigate the complaint and render a decision.
  
• Step 3: If the complaint is not resolved to the satisfaction of the complainant in Step 2, the complainant may appeal in writing to request a hearing to resolve the complaint within ten (10) working days of receipt of the ADA 504/508 Coordinator’s decision.

ADA 504/508 Hearing Procedures

Request for Hearing: Within ten (10) working days after receipt of the ADA 504/508 coordinator’s decision, if the complainant is not satisfied with the results regarding the complaint, he or she may request a formal hearing. The request must be made in writing to the ADA 504/508 coordinator, or Superintendent/President or designee. In addition, students requesting specific accommodations as part of the complaint must list such accommodations requested for the ADA hearing (i.e. interpreter, adaptive furniture or media technology).

Schedule of Hearing: The formal hearing shall be held within fifteen (15) working days after a formal written request for a hearing is received by the ADA 504/508 coordinator, or Superintendent/President or designee.

Hearing Panel:  The ADA 504/508 Hearing panel for any action shall be composed of the following Representatives: (1) administrator/Manager, (1) faculty member, (1) DSP&S staff member and (1) student.

The College Superintendent/President, the President of the Academic Senate, and the ASB President shall each, at the beginning of the academic year, establish a list of at least three persons who will serve on the ADA 504/508 Hearing panel and/or the Student Disciplinary hearing panels. The College Superintendent/President shall appoint the ADA 504/508 hearing panel from the names on these lists. However, no administrator, faculty member or student who has any personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner shall serve on a hearing panel.

Hearing Panel Chair: The College Superintendent/President (or designee) shall appoint one member of the panel to serve as the chair. The decision of the hearing panel chair shall be final on all matters relating to the conduct of the hearing unless there is a vote by all remaining members of the panel to the contrary.

Conduct of the ADA 504/508 Hearing:

Note: The hearing must comply with principles of due process, including the right to confront and cross-examine witnesses. The following procedure is legally advised.

• The members of the hearing panel shall be provided with a copy of the ADA complaint against the college and any written response provided by the student before the hearing begins.
  
• The facts supporting the complaint and applicable profiles shall be presented by a college representative, who shall be the ADA 504/508 Coordinator or designee.
  
• The college representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter.
  
• Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.
  
• Unless the hearing panel determines to proceed otherwise, the college representative and the student shall each be permitted to make an opening statement. Thereafter, the college representative shall make the first presentation, followed by the student. The college representative may present rebuttal evidence after the student completes his or her evidence. The burden shall be on the college representative to prove by substantial evidence that the facts alleged are true.
  
• The student may represent himself or herself, and may also have the right to have an advocate present of his or her choice. The advocate must be an officially enrolled student or college staff member.
  
• Hearings shall be closed and confidential unless the student makes a written requests that the hearing be open to the public. Any such written request must be made no less than 7 working days prior to the date of the hearing.
  
• In a closed ADA 504/508 hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the panel agree to the contrary.
  
• The ADA 504/508 hearing shall be recorded by the District, either by tape recording, or stenographic recording, or other appropriate method and shall be the only recording made. No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by tape recording, the hearing panel chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. Tape recording shall remain in the custody of the District at all times, unless released to a professional transcribing service. The student may request a copy of the tape recording, transcript or preferred alternative format.
  
• All testimony shall be taken under oath; the oath shall be administered by the hearing panel chair. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. A witness who refuses to be tape recorded shall be considered to be unavailable.
  
• Within five (5) working days following the close of the ADA 504/508 hearing, the ADA 504/508 hearing panel shall prepare and send to the College Superintendent/President a written decision. The decision shall include specific factual findings regarding the complaint, and shall include specific conclusions regarding whether any specific section of the ADA 504/508 were violated. The decision shall also include a specific recommendation regarding the complaint action to be taken, if any. The decision shall be based only on the record of the ADA 504/508 hearing, and not on the matter outside of that record. The record consists of the original accusation, the written response, if any, of the student, and the oral or signed and written evidence produced at the hearing.

College Superintendent/President’s Decision:
Within five (5) working days following receipt of the ADA 504/508 hearing panel’s recommended decision, the College Superintendent/President shall render a final written decision. The College Superintendent/President or designee may accept, modify or reject the findings, decisions and recommendations of the ADA 504/508 hearing panel. If the College Superintendent/President or designee modifies or rejects the ADA 504/508 hearing panel’s decision, the College Superintendent/President or designee shall review the record of the hearing, and shall prepare a new written decision, which contains specific factual findings and conclusions. The decisions of the College Superintendent/President or designee shall be final.

Board of Trustees Decision:
The Board of Trustees shall consider any recommendation from the College Superintendent/President for accommodation at the next regularly scheduled meeting of the Board after receipt of the recommended decision.

The Board shall consider an ADA 504/508 recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures. (Education Code Section 72122)

The student shall be notified in writing, by registered or certified mail or by personal service, at least five days prior to the meeting, of the date, time, and place of the Board’s meeting. (Alternative media services available upon request)

The student may, within forty-eight hours after receipt of the notice, make a written request that the hearing be held as a public meeting.

Even if a student has requested that the Board consider an ADA 504/508 recommendation in a public meeting, the Board will hold any discussion that might be in conflict with the right to privacy of any student, other than the student requesting the public meeting, in closed session.

The Board may accept, modify or reject the findings, decisions and recommendations of the College Superintendent/President and/or the ADA 504/508 Hearing Panel. If the Board modifies or rejects the decision, the Board shall review the record of the hearing, and shall prepare a new written decision, which contains specific factual findings and conclusions. The decision of the Board shall be final.

The final action of the Board on the complaint shall be taken at a public meeting, and the result of the action shall be a public record of the District.

Victor Valley Community College ADA Complaint Form

Last Modified: 2006-08-21.