Formal Grievance Procedure

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New York Institute of Technology has adopted these internal procedures to provide prompt and equitable resolution of complaints alleging any violation of Section 504 of the Rehabilitation Act and Title III of the Americans with Disabilities Act (ADA), and/or their implementing regulations. Such laws prohibit discrimination in education on the basis of a disability.

PROCEDURE FOR DISABILITY-RELATED COMPLAINTS

A complaint concerning alleged disability discrimination or harassment by employees, students, or third parties may be made orally or in writing, and should include the complainant's name and address, and briefly describe the alleged violation of NYIT policy or law. Address complaints to:

Cheryl Monticciolo
Director, Compliance and Title IX Coordinator and 504 Coordinator
New York Institute of Technology
Tower House, Room 106
Old Westbury, NY 11568
516.686.1080
cheryl.monticciolo@nyit.edu

A complaint should be submitted within 14 calendar days after the complainant becomes aware of the alleged violation.

An investigation will be conducted, as may be appropriate, by the Assistant Director, Office of Accessibility Services. The investigation shall be informal but thorough and afford all interested persons and their representatives, if any, an opportunity to present witnesses and evidence relevant to the complaint.

The Assistant Director, Office of Accessibility Services will make a written determination as to the validity of the complaint and a description of the resolution if reasonably possible within 14 calendar days after receipt of complainant's submission. The determination will be sent to the complainant and the respondent.

The Assistant Director, Office of Accessibility Services shall maintain the files and records relating to the complaints filed.

The complainant and respondent can request a reconsideration of the case in instances of dissatisfaction with the resolution. The request for reconsideration should be made within 5 calendar days to the Dean of Students–NYIT, Student Activity Center, Long Island campus. A written determination shall be issued by the Dean of Students and forwarded to the complainant and the respondent within 10 calendar days after the request for reconsideration.

If a grievance is against the Assistant Director, Office of Accessibility Services, the Formal Grievance Procedure is followed except the complaint should be submitted to the Dean of Students and the request for reconsideration should be submitted with the Provost or his/her designee.

The right of a person to a prompt and equitable resolution of the complaint submitted hereunder shall not be impaired by nor shall the use of this procedure be prerequisite to the pursuit of other remedies*.

NYIT will take steps to prevent discrimination and harassment, to prevent the recurrence of discrimination and harassment, and to remedy its discriminatory effects on complainants and others, if appropriate.

This grievance procedure shall be construed to protect the substantive rights of interested parties to meet appropriate procedural standards, and to assure that NYIT complies with the ADA implementation of the regulations.

* Other remedies include the filing of an ADA complaint with the Office of Civil Rights, or other responsible federal agencies.

Important:

Grievants who are enrolled in the College of Osteopathic Medicine must follow the procedure contained in the below link as the above formal grievance procedure does not apply to those students:

View COM procedure