Grievance Procedures

In general, this policy is designed to address all disability-related disputes concerning the following:

1. Disagreements regarding disability status, requested service, academic accommodations or auxiliary aids, or modification of a course or academic requirement.
2. Inaccessibility of a program or activity.

Students may file a grievance through an informal and/or formal process. It is generally recommended that students attempt an informal resolution before filing a formal complaint; however, students have the right to request a formal resolution at any time. Note: for grade disputes involving a claim of harassment or discrimination on the basis of disability, this policy applies and not the Grade Appeal policy located in the College Catalog.

A student with a concern covered by this policy may first attempt to resolve it at the informal level. CDHP works in collaboration with the student, faculty, and/or staff whom the concern arose through an interactive process to identify an agreeable solution.

Complaints with respect to disagreements regarding the determination and/or delivery of a requested service, accommodation, auxiliary aid or service, assistive technology, or modification of a college/university practice in an effective or timely manner; denial of a requested accommodation; inaccessibility of a WesternU program, service, or activity; harassment or disparate treatment because of a disability; and other instances in which a student believes that they have been subjected to discrimination on the basis of disability. The complaint should be filed as soon as possible, but no later than 30 calendar days from the decision that is being appealed.

A complaint must be in writing and include the following:

1. The complainant’s name, student ID number (if applicable), address, email address, and phone number.
2. A clear statement of the request or concern, identification of the basis of the grievance, and sufficient detail supporting the basis of the appeal, including the identification of faculty or staff involved, course information, informal resolution efforts (if applicable), a chronology or timeline of events; and requested remedy.

The complaint should be filed with the Associate Director of CDHP at Western University of Health Sciences, 309 E. Second St., Bldg. 309, Pomona, CA 91766-1854 or by email at Sandra Rainwater-Lawler, slawler@westernu.edu.

Upon receipt of a formal complaint, the Associate Director of CDHP or designee will review the complaint for timeliness and scope for the grievance process and provide the complainant with a written notice acknowledging receipt of the complaint. If, upon receipt, it is clear that the complaint should be reviewed under WesternU’s Non-Discrimination, Anti-Harassment and Non-Retaliation policies, the complainant will be notified and referred to the proper policy and department.

During the review of the complaint, the Associate Director will conduct a thorough and impartial investigation. In doing so, the Associate Director may interview, consult with and/or request written responses to the issues raised in the complaint and review all evidence, documents, and information from any individual believed to have relevant information, including faculty, staff, and students.

At the conclusion of the review, the Associate Director of CDHP will issue a written decision to the complainant which will include a summary of findings, determination of the complaint, and any proposed resolutions, if applicable. This written notice will also be shared with the College as appropriate and consistent with CDHP’s Confidentiality, Release of Information, and Maintenance of Records Policy and applicable, privacy and confidentiality laws.

The standard of review is whether there is a preponderance of evidence to substantiate the complaint. When appropriate, the Associate Director may also apply the following standards: 1) would the accommodation result in a fundamental alteration of the program or an essential academic requirement; 2) would the accommodation impose undue financial or administrative hardship on the institution. If there is a preponderance of evidence (more likely than not) substantiating the complaint, the Associate Director, will then decide on the appropriate resolution for the grievance, which will be included in the written notice issued to the complainant. Such resolutions will be decided on a case-by-case basis and may include, but will not be limited to, approval and/or administration of a particular accommodation, remediation to address previously available opportunities, and/or facilitation of communications between the complainant and the person against whom the grievance is filed. Any resolutions will be implemented promptly. The written notice will be issued to the student within 15 business days of filing the formal complaint. The deadline may be extended for good cause. In such instances, the complainant will be notified of the need to extend the deadline in writing.

The complainant may challenge the decision of the Associate Director of CDHP or designee fulfilling this role on the grounds of bias or conflict of interest, or disagreement with the decision, by submitting a written challenge to the Director of CDHP, within 5 business days of the acknowledgment of receipt of the Associate Director’s decision by submitting a written appeal. The Director has the discretion to designate an appropriate officer to review the challenge. If the original grievance was filed against the Director, then the University has the discretion to designate an appropriate officer to review the appeal.

The challenge should be filed with the Director of CDHP at Western University of Health Sciences, 309 E. Second St., Bldg. 309, Pomona, CA 91766-1854 or by email at Marcelle Daniels, mdaniels@westernu.edu.

Upon receipt of a formal challenge, the Director of CDHP or designee will review the complaint for timeliness and scope for the grievance process and provide the complainant with a written notice acknowledging receipt of the complaint.

During the review of the challenge, the Director will conduct a thorough and impartial evaluation. In doing so, the Director will review the Associate Director of CDHP’s written decision and documentation pertaining to the decision; the Director may also interview, consult with and/or request written responses to the issues raised in the complaint and review all statements, documents, and information from any individual believed to have relevant information, including faculty, staff, healthcare provider, and students.

At the conclusion of the review, the Director of CDHP will issue a written decision to the complainant which will include a summary of findings, determination of the complaint, and any proposed resolutions, if applicable. This written notice will also be shared with the College as appropriate as consistent with CDHP’s Confidentiality, Release of Information, and Maintenance of Records Policy and applicable privacy and confidentiality laws. If the ground for the challenge is not satisfied, the Associate Director’s decision will be upheld.

When appropriate, the Director may also apply the following standards: 1) would the accommodation result in a fundamental alteration of the program or an essential academic requirement; 2) would the accommodation impose undue financial or administrative hardship on the institution. If there is a preponderance of evidence (more likely than not) substantiating the complaint, the Director, will identify appropriate remedies and/or corrective actions to resolve the grievance, which will be included in the written notice issued to the complainant. Such resolutions will be decided on a case-by-case basis and may include, but will not be limited to, approval and/or administration of a particular accommodation, remediation to address previously available opportunities, and/or facilitation of communications between the complainant and the person against whom the grievance is filed. Any resolutions will be implemented promptly. The written notice will be issued to the student within 15 business days of filing the formal complaint. The deadline may be extended for good cause. In such instances, the complainant will be notified of the need to extend the deadline in writing.

The complainant may appeal the decision of the Director of CDHP by submitting a written appeal within 5 business days after the receipt of written notice from the Director to the Chair of CDHP’s Appeal Committee. The chair of the committee will notify the student of the outcome 15 business days after the meeting has concluded.

Appeals must specify the reasons for the appeal that are not based on a disagreement or dissatisfaction with the standards, policies, or procedures of CDHP. The appeal must be based on one or more of the following bases:

1) The appearance of new, material, and documentable evidence that was not available at the time of the Director’s review, and that would likely alter the outcome. Information available to the student but not provided during the hearing and/or the complaint review would not be considered “new.”

2) Procedural error that significantly affected the interpretation of policies which affected the Director’s review such that it prevented the Director from issuing a fair decision.

An appeal review is limited. Appeals are not a full rehearing of the complaint and are restricted to the appeal grounds referenced above. The findings contained in the written notice are presumed to have been decided reasonably and appropriately and the appellant carries the burden of proof to demonstrate that the appeal grounds are substantiated.

The appeal should be filed with the Dr. Tim Wood, Chair of CDHP’s Appeal Committee, tjwood@westernu.edu. Appeals must contain, at a minimum, an explanation of why the determination is improper and a detailed statement of the basis for the appeal, including the specific facts, circumstances, and arguments in support of the appeal.

The Chair will convene the CDHP Appeal Committee to review (1) information provided by the student for the appeal; (2) review the decisions of the Director and Associate Director of CDHP; and (3) any other additional information that may be relevant to evaluating the matter and reaching a decision.

If there is a preponderance of evidence (more likely than not) substantiating the appeal, the Chair of CDHP’s Appeals Committee will communicate the decision of the appeal and determine the appropriate resolution via written notification to the complainant and the College as appropriate and consistent with CDHP’s Confidentiality, Release of Information, and Maintenance of Records Policy and applicable privacy and confidentiality laws. The Chair will issue a written decision within 15 business days after the meeting has concluded, although the deadline may be extended, in writing, for good cause. If the ground for appeal is not satisfied, the Director’s decision will be upheld.

During the grievance process contained herein any accommodations or services that have already been implemented will continue uninterrupted.

Any student who believes they have been subjected to discrimination, including harassment and retaliation on the basis of a protected category may contact the Office of Title IX & Equal Opportunity to file a report.

Students also have the right to file a complaint with the U.S. Department of Education’s Office of Civil Rights if they feel they have experienced discrimination. More information about filing a complaint is available on their website.