Center for the Arts Grievance Policy Statement

Policy Name: Center for the Arts Grievance Policy 
Policy ID Number:  06-06-002
Version Effective Date:  December 3, 2019
Last Reviewed on:  NA
Applies to:    Persons who interact or plan to interact with the Center for the Arts including but not limited to the public, university employees and students
Responsible Office:  Center for the Arts
Approved by:  Advancement


INTRODUCTION AND STATEMENT OF PURPOSE
The NJCU Center for the Arts (the Center) is committed to both the spirit and the letter of the law of the Americans with Disabilities Act (ADA).  The Center will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, and activities.  

POLICY
The Center will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Center programs, services, and activities.  The Center will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the Center, should contact the Office of the Center Director/ADA Coordinator at New Jersey City University, 2039 John F. Kennedy Boulevard, Hepburn Hall, Room 222, Jersey City, NJ 07305-1597, as soon as possible during the regular work week and no later than 48 hours before the scheduled event. 

The Center will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

The ADA does not require the Center to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

The Center desires to resolve all ADA-related informal complaints and formal grievances in a reasonable, orderly and expeditious fashion. In Therefore, the following grievance procedure is established to implement this policy.

Americans with Disabilities Act Informal Complaint or Formal Grievance Procedure

On-site Grievance Reporting
A person having an ADA-related complaint or other grievance may bring it to the attention of a Center representative.  The complaint or grievance will be brought to the attention of the House Manager on duty who will attempt to resolve it within the limits of his/her authority. If this does not occur, the person will be referred to this Procedure, which will be conspicuously posted in the lobby area, and be advised of his/her rights to initiate a formal grievance.  Additionally, the House Manager shall obtain the contact information for the person so that follow-up communication may occur.  The House Manager shall provide the contact information together with the information concerning the ADA related complaint and its disposition to the Center for the Arts Director/ADA Coordinator. 

Formal Grievance Procedure
When a person has an ADA related complaint or grievance that has been reported on-site to the House Manager on duty, the Center for the Arts Director/ADA Coordinator will review the complaint or grievance and will meet with the person within a reasonable time not exceeding 15 days concerning unresolved matters.  Such meeting will be at a reasonable time/place convenient for the person with disabilities. The purpose of the meeting is to assist the person in preparing a written description of the perceived violation of ADA requirements. The meeting is to be conducted in a positive fact-finding/problem-solving fashion and not in an adversarial fashion.  Other ADA related complaints involving the Center which have not been reported on-site to the House Manager on duty may be made to the Center for the Arts Director/ADA Coordinator provided that they are filed within 60 days of the occurrence of the alleged ADA violation.  Such complaints are to be addressed in writing to the Center for the Arts Director/ADA Coordinator, New Jersey City University, 2039 John F. Kennedy Boulevard, Hepburn Hall, Room 222, Jersey City, NJ 07305-1597

The written grievance or complaint will include the following information:

  1. The person’s name, address, telephone number, any other contact information offered by the complaining person.
  2. A detailed description of the ADA related grievance or asserted violation.  This will include, as applicable, who was involved, where and when it happened (time/place).  Information should be provided concerning what the complaining person believes is required to be done to resolve the grievance. After the above written grievance is developed, a copy will be given to the complaining person and a copy sent to the Vice President and Chief Strategy Officer. The Center for the Arts Director/ADA Coordinator will conduct any further investigation that may be warranted and will advise the person of his/her decision in writing within 15 days from the date of the formal grievance. If an extension of this time is required, the person will be so advised in writing.  The decision will explain the position of the Center and offer options for substantive resolution of the complaint.  In the decision, the person will be advised that he/she has a right to appeal the decision to the Grievance Committee provided the appeal is made within 15 days.  If no timely appeal is made, the decision will be final and the matter considered resolved. A copy of the decision will be sent to the Vice President and Chief Strategy Officer.
  3. An appeal from the decision of the Center for the Arts Director is available before the Grievance Committee.  The Grievance Committee shall have three members designated by the Vice President and Chief Strategy Officer. They will meet to consider any appeal of the Step Two decision. Other staff members of NJCU may attend if their expertise is required but they are not to vote on the decision. The appellant may meet with the Committee, as he/she may elect, and provide information relevant to the appeal. The Grievance committee will prepare a findings and decision letter. The decision should take into account the following considerations: validity of the complaint, what circumstances created the condition, were these standard or unusual conditions, should policy be revised or a new policy established, mitigating factors, resources needed to resolve the problem. This decision will be sent to the appellant with a copy to the Vice President and Chief Strategy Officer.

Records Retention
Records concerning Center ADA related grievances and complaints shall be retained for a minimum of three years.

Date to initiate review and update
As deemed necessary or appropriate by the Policy Coordinator but at a minimum, at least every 5 years from the date of last review.