Dispute Resolution and Grievance Procedures
ADA Alternative Dispute Resolution Policy
The following is a quote from the Disability Rights Education and Defense Fund:
The ADA (Americans with Disabilities Act) encourages alternative means of dispute resolution when appropriate and to the extent authorized by law. These methods include settlement negotiations, conciliation, facilitation, mediation and arbitration. The use of alternative dispute resolution mechanisms is completely voluntary and is intended to supplement, and not to supplant, the other remedies provided by the ADA. No alternative dispute resolution procedure precludes the affected person from seeking relief under the enforcement provisions of the ADA. Alternative dispute resolution measures are not required to be used prior to the filing of an administrative complaint with the federal government or through existing campus discrimination grievance procedures.
Goal
To provide a forum for problem solving by using third-party mediation or the University's ADA/504 Committee to process informally disputed issues and propose solutions. The alternative processes for resolving disputes are described below.
Mediation
A member of the Campus Mediation Specialist Committee will be provided with the consent of the parties involved in the dispute. The mediator acts as a catalyst and assists the parties' exploration of solutions to barriers or disputed issues. A member of the ADA/504 Committee provides information concerning the requirements of the ADA. If mediation is unsuccessful, individuals may use the ADA Alternative Dispute Resolution Committee to resolve their conflict.
Structure of ADA Alternative Dispute Resolution Process
The Alternative Dispute Resolution (ADR) Committee consists of a minimum of three ADA/504 Committee members. The ADR Committee recommends a solution to the dispute. The resolution is provided in writing to the individual and the EEO/Affirmative Action Office.
Other Campus Grievance Procedures
The University of Montana has established a discrimination Grievance Procedure for employees, students and applicants for employment or admission who claim to have been unlawfully discriminated against because of any University regulation, policy, practice or official action of any University employee.
Persons wanting more information or believing they have been discriminated against can contact:
Montana Human Rights Bureau
1625 11th Avenue P.O. Box 1728
Helena, MT 59624-1728
(406) 444-2884 Text: (406) 444-0532
1-800-542-0807
U.S. Department of Education Office of Civil Rights
915 Second Avenue Room 3310
Seattle, WA 98174-1099
Phone (206) 220-7900 TDD (877) 521-2172
OCR.Seattle@ed.gov
U.S. Department of Justice
(202)514-0381 Text: (202) 514-0383
ADA hotline:(202)514-0301
Disability Services or The University of Montana legal counsel can be contacted for information on grievances as well. The University is an equal opportunity institution and will comply with all laws and regulations which mandate equality of opportunity.