ADA - Grievance Procedure
- Complaints shall be filed with the ADA Coordinator no later than one hundred eighty (180) days from the date of the alleged violation. The filing deadline may be extended upon a showing of good cause.
- The ADA Coordinator will determine which function of the court is at issue: facilities,programs, services, benefits, or activities.
- The ADA Coordinator will notify the Chief Judge, the Court Administrator, and the county government of the complaint as soon as practical.
- A team consisting of at least three (3) people shall address the complaint. This team shall consist, at a minimum, of a judge, the ADA coordinator, and an independent party not employed by the court. A person who is charged in the complaint with alleged discriminatory conduct shall not be a member of the team.
- The team shall consult representatives from county government entities in the resolution of the grievance when the complaint involves a court facility, program, service, benefit, or activity that is under the authority or is provided by county government.
- The team, or a member of the team, will review the complaint with the complainant. The team, or a member of the team, will interview witnesses who can provide supportive or relevant information and complete the fact finding process.
- The team, or a member of the team, shall determine the legal sufficiency of the complaint. In making this determination, the team shall consider a consultation with the Office of the State Courts Administrator, Department of Legal Affairs and Education.
- If a complaint is legally deficient, the grievance process shall be brought to a close immediately. If a complaint is legally sufficient, the team will establish a course of action to resolve the grievance.
- To the extent necessary, the court may make reasonable modifications to its programs, services, benefits, and activities in order to ensure future compliance with the ADA.
- When appropriate, and to the extent necessary, the court may work with county government to make reasonable modifications to court facilities, programs, services, benefits, Administrative Order No. 1.595(B) Page 4 - ADA Grievance Procedure and Court Notices and activities that are under the authority of, or provided by, county government to ensure future compliance with the ADA.
- The court may invoke the course of action described in the regulations implementing the ADA (28 CFR sec.35.164) when modifications would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.
- The ADA Coordinator shall communicate the results of the investigation and the chosen course of action to the complainant not later than thirty (30) working days from the date the complaint is filed.
- A record of the grievance shall be maintained for three (3) years. The record shall be located with the ADA Coordinator.
A complainant shall use the recommended Statement of Grievance on file with the Court Administrator’s Office. If the complainant cannot write, then staff will assist the complainant in filling out the form. The Statement of Grievance form shall contain the following minimum information:
- Name, address, and telephone number of the complainant on whose behalf the complaint is being made,
- The court facility in which the violation is alleged to have occurred,
- A complete statement of the grievance and the facts upon which it is based,
- The desired remedy or solution requested, and
- The names of any witnesses who can provide supportive or related information.