ADA Appeals Committee Hearing Procedures
All ADA committee hearings will be conducted in private in order to protect the confidential nature of the proceedings. Any student or employee requiring accommodations for this hearing shall make the request for such accommodations to the Office for Students with Disabilities (OSD) Coordinator at least three (3) class days prior to the hearing. In the event that an essential accommodation cannot be provided by the College by the date of the hearing, the hearing shall be rescheduled with the respective date to be no more than one week later. The chairperson will preside at the hearing. The Dean of Student Services or his designee will be present to make sure procedural matters are followed. The hearing shall be of an informal nature and need not adhere to the rules of procedure or technical rules of evidence followed by courts of law.
Deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to a student respondent or the College may result. A written record of the proceedings will be kept by the committee chairperson. No audio recordings will be permitted. The record of the hearing will be filed in the office of the Dean of Student Services and only for the purpose of appeal be accessible to the College and the student.
Hearings will proceed in the following order:
1. Reading of the charges by the committee chairperson
2. The complainant’s statement of position with respect to the charges (no more than 5 minutes)
3. The private presentation of evidence by the respondent and questions by the ADA appeals committee (no more than 10 minutes total, including questions)
4. The private presentation of evidence by the complainant and questions by the ADA appeals committee (no more than 10 minutes, including questions)
5. Brief closing statements by both parties (no more than 3 minutes with the respondent speaking first, followed by the complainant)
Upon conclusion of the hearing, the ADA appeals committee will consider the merits of the case. The appeals committee chairperson will transmit the committee’s findings and determinations in writing, to only the complainant, the respondent, and the Dean of Student Services within three (3) class days. The decision of the ADA appeals committee is final, unless within five (5) class days after the decision has been made the student makes a written (or alternative format) request to the President for review.