Legal Compliance

The requirement of Bentley University to provide reasonable accommodations, modifications, and/or auxiliary aids for students with disabilities and/or impairments is in compliance with two federal civil rights regulations, Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112) and the Americans with Disabilities Act of 1990 (Public Law 101-336), as well as one state regulation, the Massachusetts Constitutional Amendment 114.

Section 504 of the Rehabilitation Act of 1973 (PL 93-112) prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance:

"No otherwise qualified handicapped individual in the United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." (29 U.S.C. 794)

The Americans with Disabilities Act of 1990 (PL 101-336), signed into law on July 26, 1990, was established to further prohibit discrimination on the basis of disability. It provides equal opportunity for qualified individuals with disabilities in employment, public accommodations (including public and private colleges and universities), and public transportation.

In order to be granted protections afforded to a person with a disability under the Americans with Disabilities Act, individuals must meet the following eligibility criteria: (a) have a physical or mental impairment that substantially limits one or more major life functions; (b) have a history of such impairment; or (c) be regarded as having such impairment.

Finally, the Massachusetts Constitution Amendment 114 adopted in 1980 provides an important tool for achieving accessibility and prohibiting discrimination against people with disabilities by government as well as private organizations in the state. In 1990, the Massachusetts Equal Rights Act was passed, providing an additional law under which Amendment 114 can be enforced. This act provides, in part, that:

"Any person within the commonwealth, regardless of handicap, shall with reasonable accommodations, have the same rights as other persons to ... give evidence and to the full and equal benefit of all laws and proceedings for the security of persons and property, including, but not limited to, the rights secured under Article [114] of the Amendments to the Constitution."
 

Bentley University and Student Accessibility Services are committed to providing equal educational opportunities for students with disabilities and impairments by way of reasonable accommodation. In compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, it is our policy that through academic accommodations, no qualified student be excluded from participating in any academic university program or activity, be denied the benefits of any academic university program or activity, or otherwise be subjected to discrimination with regard to any academic university program or activity unless undue hardship ensues or the integrity of an academic program is compromised.

Therefore, any student who believes there has been a violation of these laws (due to the denial of an academic accommodation) is asked to approach the Director of Student Accessibility Services directly to voice their concerns and ask for some resolution.  If, after a thorough discussion with the Director and all attempts to resolve the concerns are unsatisfactory, students may then wish to file a grievance by following the procedure below:

(If the Grievance Procedure is not pertinent to the student’s complaint, the Director of Student Accessibility Services will recommend the best course of action).  If there is perceived discrimination based on disability (not related to academic accommodations), the student should be in contact with the Office of Institutional Equity.

1. The student should submit his/her complaint in writing to the Assistant Dean, Academic Achievement, Access, and Student Success in the Office of Student Success.  The complaint should include: a) Who was involved, b) What happened, c) Where it happened, the date, and the time and d) The concern regarding the accommodation and how it affected the student.
2. The complaint should be filed no later than 30 days from date of the incident.
3. In addition to completing a written complaint, the student may wish to set up a meeting with the Assistant Dean.
4. The Assistant Dean will investigate the complaint and will notify the student in writing of the decision within 7 business days of receiving the complaint.
5. If the student is not satisfied with the decision, the student may wish to pursue an appeal.  The appeal should include the initial letter written to the Assistant Dean, the written decision by the Assistant Dean, and an additional letter written by the student detailing the reasons for dissatisfaction and appeal.
6. The appeal will be sent to the Student Accessibility Grievance Committee. 
   1. Jane Griffin, Associate Provost for Student Success
   2. Julia Matthews, Director, Health Center
   3. George Cangiano, Vice President Chief Human Resources Officer, Human Resources
   4. Peter Forkner, Director of Counseling, Counseling Center
7. The student may also wish to schedule a meeting with the Student Accessibility Grievance Committee.
8. The Student Accessibility Grievance Committee will investigate the grievance and render their final decision by submitting a written letter to the student within 14 days.  This letter will also be sent to the Vice President of Academic Affairs, the Assistant Dean in the Office Student Success, and the Director of Student Accessibility Services.

** If the student is employed within the University, the grievance arises out of the student’s employment, and the student wishes to report the grievance, the student should refer to the Student Employment Manual: https://www.bentley.edu/offices/student-employment/student-employment-manual 

** Please note that a grievance may not be considered if the student has not followed official procedure by submitting complete and current documentation and registering with Student Accessibility Services .  For more information regarding the policies and procedures, please continue to https://www.bentley.edu/offices/student-accessibility-services

** Exceptions to these procedures may be granted by the Associate Provost for Student Success or The General Counsel.