Section 1075.10  Purpose

 

a)         This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  If an individual desires 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 Public Counsel, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intention of the Office of Public Counsel to foster open communication with all individuals requesting readily accessible programs, services and activities.  The Public Counsel encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 1075.20  Definitions

 

            "Complainant" is an individual with a disability who files a Grievance Form provided by the Office of Public Counsel under this procedure.

 

            "Designated Coordinator" is the person appointed by the Public Counsel who is responsible for the coordination of efforts of the Office of Public Counsel to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  The Designated Coordinator can be contacted at 100 W. Randolph, Suite 11-300, Chicago IL 60601. (See 28 CFR 35.107)

 

            "Grievance" is any complaint under the ADA that is reduced to writing 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 service offered by the Office of Public Counsel, 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 of Public Counsel or has been subject to discrimination by the Office of Public Counsel.

 

            "Grievance Form" is prescribed for the purpose of filing a grievance under this Section and includes information such as name, address, phone number, nature of the grievance with specificity including date of incident, time, place and witnesses if applicable.

 

Section 1075.30  Procedure

 

a)         Grievances shall be submitted in accordance with procedures established in Section 1075.40 and 1075.50 of this Part defined below in the form and manner described, and within the specified time limits.  It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner.  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 Level and the Final Level.

 

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 from the Office of Public Counsel in the grievance procedure.

 

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

 

Section 1075.40  Designated Coordinator Level

 

a)         If an individual desires to file a 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 must be completed in full in order to receive consideration by the Designated Coordinator.

 

b)         Upon request, assistance in completing the Grievance Form shall be provided by the Office of Public Counsel.

 

c)         The Designated Coordinator, or his or her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it.  The Designated Coordinator shall provide a written response to the complainant and the Public Counsel within fifteen (15) days after receipt of the Grievance Form.

 

Section 1075.50  Final Level

 

a)         If the grievance is not 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 Public Counsel for final review.  The complainant shall submit these documents to the Public Counsel, together with a short written statement explaining the reason or reasons 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)         Within fifteen (15) days, the Public Counsel shall appoint a three-member panel to review the grievance at the Final Level.  One member so appointed shall be designated chairperson.  The panel shall schedule a review of the grievance which shall commence no later than fifteen (15) days after the last member of the panel is appointed.

 

c)         Complainant shall be allowed to appear before the panel.  Complainant shall have the right to appoint a representative to appear on his or 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 agreement of at least two (2) of the panel members, but not later than fifteen (15) days after the review in subsection (b) above, the panel shall make recommendations in writing to the Public Counsel 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 a recommendation to the Public Counsel in writing and shall sign such recommendation.

 

e)         Within ten (10) days after receipt of recommendations from a panel, the Public Counsel, or designee, shall approve, disapprove or modify the panel recommendation; 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 Public Counsel's decision shall be final.  If the Public Counsel disapproves or modifies the panel recommendations, the Public Counsel may include written reasons for such disapproval or modification.

 

f)         The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendation of the panel and the decision of the Public Counsel shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

 

Section 1075.60  Accessibility

 

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

 

Section 1075.70  Case-By-Case Resolution

 

Each grievance involves a unique set of factors, which 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 of Public Counsel. 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.