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Americans with Disabilities Act Grievance Policy

As it relates to Title 2 of the Americans with Disabilities Act, any individual, class of individuals, or authorized representative thereof, who feels they have been discriminated against based on their disability, including dissatisfaction with the public Informal Accommodation process or outcome, and want to file or present a Grievance under the ADA, may do so according to the following procedure.

Public Formal Grievance / Complaint 

  1. Individual(s). Within ten (10) business days of when an individual or class of individuals (“Complainant”) knows or reasonably should have known of the alleged discriminatory action or insufficient accommodation, a written statement should be submitted to the City’s ADA Coordinator. This written statement shall include:
    • The name and address of the individual, class of individuals, or authorized representative thereof;
    • Date and description / subject of Grievance;
    • Suggested resolution(s) or action(s) to address the Grievance; and
    • Complainant's signature(s) and the current date.
  2. ADA Coordinator. Within twenty (20) business days following receipt of the Grievance, a decision by the ADA Coordinator shall be rendered.
    • A record of the Grievance, and any subsequent action with regard to that Grievance, shall also be maintained by the ADA Coordinator.
    • The decision of the ADA Coordinator will include input from, and collaboration with, the Department Director impacted by the Grievance. The decision of the ADA Coordinator will, if necessary, also include input and/ or consultation from the Aurora City Attorney’s Office.
      • If cost is associated with the proposed resolution, the responsible Office, Division or Department shall cover such cost(s).
      • Notice shall be sent, in writing, to the Complainant.
  3. Individual(s). Within five (5) business days of receipt of the ADA Coordinator’s decision, the affected individual(s) should advise the ADA Coordinator whether they accept or reject the resolution. Absent notification of the individual(s) to the contrary, it shall be assumed that the individual(s) accepts the resolution offered to address the Grievance and the process shall be concluded.
    • If equitable resolution of the Grievance cannot be achieved by the individual(s) and the ADA Coordinator, it shall be escalated to the City Manager within five (5) business days.
  4. City Manager. Within seven (7) business days of receipt of the ADA Coordinator’s recommendation, the City Manager or their designee shall notify the ADA Coordinator of their decision or proposed resolution regarding the Grievance. This decision is final and ends the internal Grievance process.
  5. ADA Coordinator. Within three (3) business days of receiving the City Manager’s decision, the ADA Coordinator shall advise the Complainant of the decision in writing.

Grievant’s Rights. A Complainant’s right to the prompt and equitable resolution of a Grievance may not be impaired by their pursuit of other remedies. Utilization of these Grievance procedures is not a prerequisite for pursuing other remedies such as filing a compliant with a state or federal agency or taking legal action in state or federal court. [See: ADA.gov File a Complaint and Colorado Civil Rights Division Complaint Process].

  1. Formal legal actions filed by the Complainant or their authorized representative with the United States Department of Justice or State Attorney General’s Office shall be referred to the City Attorney for legal representation.
  2. Non-grievable Matters. The following matters are not grievable under this procedure:
    • Any alleged ADA or other accessibility violations if occurring at facilities, services or programs not owned or operated by the city of Aurora;
    • Grievances that have already been addressed, investigated and/or resolved by this process; and
    • Any complaint related to employment with the city (see separate policy for Employee Grievances and accommodation requests).
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