Section 350.110  Purposes

 

a)         This Part establishes an Americans With Disabilities Act (ADA) Grievance Procedure (procedure) pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and specifically that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

 

b)         In general, the ADA requires that each program, service and activity offered by the Office of the Treasurer (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intent of the Treasurer to foster communication with all individuals requesting ready access to programs, services and activities.  The Treasurer encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

 

Section 350.120  Definitions

 

            "Complainant" is an individual with a disability who files a grievance form provided by the Office in accordance with this Part.

 

            "Designated Coordinator" is the person appointed by the Treasurer to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  The Designated Coordinators for the Office can be contacted at Suite 15-600, State of Illinois Center, Chicago IL 60601 or by telephone at (312)814-3571, and at 300 West Jefferson, Springfield IL 62702 or by telephone at (217)782-6540.

 

            "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

 

            "Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or services offered by the Office, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the office, or has been subject to discrimination by the Office, on the basis of his or her disability.

 

            "Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Office.

 

Section 350.130  Procedure

 

a)         Grievances shall be submitted in accordance with the procedures established in Sections 350.140 of this Part, in the form and manner described, and within specified time limits.  Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

 

b)         A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Office's final response.

 

c)         The Office shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

 

Section 350.140  Designated Coordinator Level

 

a)         If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the grievance form prescribed for that purpose.  The grievance form shall be completed in full in order to receive proper consideration by the Designated Coordinator, and shall include:

 

1)         the complainant's name and, if applicable, address and telephone number;

 

2)         the best means and time for contacting the complainant;

 

3)         the program, activity or service which was denied complainant or in which alleged discrimination occurred;

 

4)         the date and nature of the alleged denial or discrimination;

 

5)         the signature of the complainant.

 

b)         Upon request, assistance shall be provided by the Office to complete the grievance form.

 

c)         The Designated Coordinator shall investigate the grievance and shall make reasonable efforts to resolve it.  The Designated Coordinator shall provide a written response to the complainant and to the Treasurer within ten (10) business days after receipt of the grievance form.

 

Section 350.150  Review Panel

 

a)         If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Treasurer for final review.  The complainant shall submit these documents to the Treasurer, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

 

b)         The Treasurer shall appoint a 3-member panel to review the grievance at the Final Level.  One member so appointed shall be designated chairman.

 

c)         The complainant shall be afforded an opportunity to appear before the panel.  Complainant shall have a right to appoint a representative to appear on his/her behalf.  The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

 

d)         Upon reaching a concurrence, the panel shall make recommendations in writing to the Treasurer as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members.  A dissenting member of the panel may make recommendation to the Treasurer in writing and shall also sign such recommendation.

 

Section 350.160  Final Level

 

a)         Upon receipt of recommendations from a panel, the Treasurer shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties.  The Treasurer's decision shall be final.  If the Treasurer disapproves or modifies the panel recommendations, the Treasurer shall include written reasons for such disapproval or modification.

 

b)         The grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) [5 ILCS 160], or as otherwise required by law.

 

Section 350.170  Accessibility

 

The Treasurer shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

 

Section 350.180  Case-by-Case Resolution

 

Each grievance involves a unique set of factors that includes, but is not limited to:  the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office.  Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.