Privacy Law & GrievancesAcademic Support Center

Privacy Law

Accessibility resources staff in the Academic Support Center at Gustavus ensures that information regarding students with a disability is maintained in a confidential manner as required or permitted by law. Information on students includes: disability documentation, test data, appointment notes, and academic notifications. Disability documentation is used to determine appropriate accommodations and establish protection under the law. Information about the impact of the student’s disability is shared with appropriate faculty or other campus personnel as allowed by the Federal Educational Rights and Privacy Act of 1974 (FERPA). Accessibility resources staff will release information regarding a student’s disability if there is legitimate need to know. Some level of disclosure is needed to facilitate accommodations through faculty and other appropriate campus staff. They will need to know what accommodations are required to meet the student’s needs. They do not need to know a specific diagnosis.

• Students may sign a release of information consent form allowing accessibility resources staff to share additional information beyond what can be shared under FERPA.
• Disability files including disability documentation are stored in files and software that are accessible to Academic Support Center staff only. Accessibility resources records are not accessible to faculty or other personnel. 
• Disability status is not noted on or transferred to other academic records. It only appears on records housed in the Academic Support Center on our software.
• Student files in accessibility resources are kept for 7 years after the student is no longer registered for classes or graduates. After this time, the file is destroyed.
• The student has the right to access their file and can arrange to do so with an accessibility resources staff member present. All information in the file is property of the Academic Support Center.
• Accessibility resources staff does not automatically notify professors if a student makes contact with the Academic Support Center. It is the student’s responsibility to notify professors that the student is registered with accessibility resources and needs accommodations.

Student ADA/Section 504 Grievance Procedure

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 2008 (ADAAA) and Section 504 of the Rehabilitation Act of 1973. It may be used by anyone who wishes to file a petition for consideration alleging discrimination on the basis of disability in accommodations, student employment practices and policies, or the provision of services, activities, programs, or benefits by Gustavus Adolphus College.

The petition should be in writing (see form below) and contain information about the alleged discrimination such as name, address, phone number of petitioner, and location, date, and description of the problem. Alternative means of filing petitions, such as personal interviews or a tape recording of the petition, will be made available for persons with disabilities upon request.

The Grievance petition should be submitted by the grievant and/or their designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Grievance Procedure

1. Within 5 class days after receipt of the petition, the Accessibility Resources Coordinator and the Director of the Academic Support Center will meet with the petitioner to discuss the petition and possible resolutions. Within 5 class days after receipt of the petition, they will respond in writing and, where appropriate, in a format accessible to the petitioner, such as large print, Braille, audio tape. The response will explain the position of Gustavus Adolphus College and offer options for substantive resolution of the petition.

2. If the response by the Accessibility Resources Coordinator and the Director of the Academic Support Center does not satisfactorily resolve the issue, the petitioner and/or their designee may appeal the decision to the Accessibility Resources Appeals Committee within 15 days of receipt of the response to the Accessibility Resources Coordinator and the Director of the Academic Support Center. 

3. Within 5 class days after receipt of the appeal, the Provost or Designee will meet with the petitioner to discuss the petition and possible resolutions. The petition will be brought to the Accessibility Resources Appeals Committee. Within 5 class days after the meeting, the Provost or designee will respond in writing and, where appropriate, in a format accessible to the petitioner, with a final resolution of the petition.

4. All written petitions received by the Accessibility Resources Coordinator and the Director of the Academic Support Center, and appeals to the Provost or designee and the Accessibility Resources Appeals Committee and responses from those listed above will be kept by Gustavus Adolphus College for one (1) year. The final resolution may not be appealed.

You may file a complaint with the Office for Civil Rights (OCR) at any time by contacting:
(for Illinois, Indiana, Iowa, Minnesota, North Dakota, Wisconsin)
Office for Civil Rights,
Chicago Office
U.S. Department of Education
John C. Kluczynski Federal Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
Telephone: (312) 730-1560
Facsimile: (312) 730-1576
Email: OCR.Chicago@ed.gov
TTY#: (800) 877-8339
Web: http://www.ed.gov/ocr

Grievance_Procedure