This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability or pregnancy-related conditions in the provision of services, activities, programs, or benefits by the New York State Higher Education Services Corporation (HESC). Employment-related complaints of disability discrimination are covered in a separate policy posted on this at https://www.hesc.ny.gov/about/accommodation.
The complaint should be in writing and contain information about the alleged discrimination, such as the complainant's name, address, phone number, location, date, and description of the problem. No particular format of the complaint is required. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his or her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Javen Bohall
Bureau of Human Resources Management
NYS Higher Education Services Corporation
99 Washington Avenue
Albany, NY 12255
[email protected]
(518) 474-9474
Within 15 calendar days after receipt of the complaint, HESC’s Designee for Reasonable Accommodation (DRA)/Americans with Disabilities Act (ADA) Coordinator will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, HESC’s DRA/ADA Coordinator or his or her designee will respond in writing and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of HESC and offer options for substantive resolution of the complaint.
If the response by HESC’s DRA/ADA Coordinator or his or her designee does not satisfactorily resolve the issue, the complainant and/or his or her designee may appeal the decision within 15 calendar days after receiving the response from the head of HESC or his or her designee.
Within 15 calendar days of receiving the appeal, the head of HESC or his or her designee will respond in writing and, where appropriate, in a format accessible to the complainant with the agency’s final resolution of the complaint or indicating that the matter has been returned to HESC’s DRA/ADA Coordinator for further action. If further action is indicated, the complainant will be contacted within 15 days of the written response.
All written complaints received by HESC’s DRA/ADA Coordinator appeals to the head of HESC or his or her designee, and responses from these two offices will be retained by HESC for at least three years.