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Complaints and Appeals Procedure

appeals process

A thorough inquiry will be completed for all complaints and appeals. Students can appeal accommodation decisions by contacting the Student Affairs designee. Any complaints should be submitted in writing to the Student Affairs designee. The Student Affairs designee will meet with the student and communicate a decision within five business days. If not satisfied with the appeal through the Student Affairs designee, a student can then appeal to the Vice President for Student Affairs. The Vice President for Student Affairs can be reached by telephone at (304) 876-5030. The decision of the Vice President for Student Affairs is final.

Schools, colleges, universities, and other educational institutions have a responsibility to ensure equal educational opportunities for all students, including students with disabilities. This responsibility is based on Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which are enforced by the Offices for Civil Rights of the U.S. Department of Education and the U.S. Department of Justice. Section 504 covers all schools, school districts, and colleges, and universities receiving federal funds.

Title II covers all state and local entities, including school districts and public institutions of higher education, whether or not they receive federal funds. Disability harassment is a form of discrimination prohibited by Section 504 and Title II. Both Section 504 and Title II provide parents and students with grievance procedures and due process remedies at the local level. Students are also covered under the West Virginia White Cane Law which may provide additional, separate protections. Individuals and organizations also may file complaints with OCR.

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