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Appeal Procedure for Denial of Requested Disability Accommodations

Â鶹¹û¶³ does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived age, caste, citizenship, color, disability, ethnicity and ethnic characteristics, familial status, gender identity or expression, genetic information, marital status, national origin (including shared ancestry), pregnancy or related conditions, race, religion, sex, sexual orientation, veteran/military status, or any other protected category under applicable local, state, or federal law.

Students and employees (including applicants for admission and employment) with disabilities have the right to file an appeal when they believe they have been denied reasonable accommodations to ensure equal access to their education or employment. The appeal procedures outlined below are used to request reconsideration of the alleged denial of reasonable accommodations. Individuals who are alleging harassment or discrimination based upon an actual or perceived disability should follow the complaint process and procedures set forth in Â鶹¹û¶³'s Policy on Equal Opportunity, Harassment, and Non-Discrimination.

The Role of the Office of Disability and Accommodations

The Office of Disability and Accommodations (ODA) at Moravian ensures access for students with disabilities by removing barriers in design, promoting disability as an aspect of diversity, and creating a campus where access and inclusion are seamless. The ODA staff provides reasonable accommodations and accessibility for students with disabilities who apply for admission or are enrolled at the University.

The Role of the Human Resources Office

The Office of Human Resources (HR) determines whether applicants for employment and employees are eligible for disability accommodations to participate in the employment selection process or, once hired, to perform the essential functions of their position. Reasonable accommodations are determined on a case-by-case basis through documentation review and an interactive process that includes input from the employee's supervisor, as appropriate.

Appeal Procedure

Any prospective or current student or employee who wishes to file an appeal to request reconsideration of a denial of requested accommodation(s) may use the appeal procedure below.

Informal Procedure

Prospective and current students are encouraged first to discuss their concerns with the Director of ODA. 

Office of Disability and Accommodations:
Tracy Urban
Director
HUB, Room 313
1200 Main Street
Bethlehem, PA 18018
oda@moravian.edu
Phone: (610) 861-1401
Fax: (610) 625-7877

Similarly, prospective or current employees are encouraged first to discuss their concerns with the Director of Human Resources.

Human Resources Office:
Dior Mariano
Director of Human Resources
Colonial Hall, Suite 311
1200 Main Street
Bethlehem, PA 18018
HR@moravian.edu
Phone: (610) 861-1467
Fax: (610) 625-7883

If the prospective or current student or employee is dissatisfied with the outcome of the Informal Procedure, they may file an appeal with the ADA Coordinator, who will coordinate review of the appeal with their designee. The ADA Coordinattor's designee for student appeals is HR and the designee for employee appeals is ODA. This ensures that individuals who have been trained to review and determine reasonable accommodations will make the final determination in the appeal process.

Students and employees may bypass the Informal Procedure and file an appeal (see Formal Procedure below) directly with the ADA Coordinator.

ADA/504 Coordinator or Designee:
Becki L. Achey
Equal Opportunity and Title IX Coordinator
Office: 1125 Monocacy Street (HUB, Office 313P)
Phone: 610.861.1529
Fax: 610.625.7885
ADACoordinator@moravian.edu
Mailing address:
Â鶹¹û¶³
1200 Main Street
Bethlehem, PA 18108

Formal Procedure

  1. The individual filing an appeal (Appellant) may access the online , which will request the following information:
    1. The basis and rationale for the appeal;
    2. The specific facts or policies supporting the Appellant's position;
    3. Description of desired outcome or resolution; and
    4. Any other relevant information that the Appellant would like considered.
       
  2. The appeal should be filed within fifteen (15) calendar days of receipt of dissatisfaction with the Informal Procedure or within sixty (60) calendar days of the decision giving rise to the appeal.
     
  3. The online form will automatically be directed to the ADA Coordinator, who will coordinate a review of the appeal with the appropriate designee.
     
  4. Within thirty (30) days of receipt of the appeal (or longer for extenuating circumstances), the ADA Coordinator's designee will review the information, meet with the Appellant, gather additional information, as appropriate, and issue a written decision.
     
  5. The decision of the ADA Coordinator's designee is final and not subject to further appeal.

Additional Rights and Protections

It is a violation of University policy to coerce, intimidate, retaliate against, or discriminate against any individual participating in, or perceived to be participating in, this process. Conduct of this nature should be reported promptly to the ADA Coordinator/designee.

The use of this process does not prevent a person from filing a complaint of discrimination based on disability with the U.S. Department of Â鶹¹û¶³'s Office for Civil Rights (OCR). At any time, a student may choose to file with OCR, separate from or in addition to utilizing the University's appeal process. More information about filing external complaints can be found in the University's Policy on Equal Opportunity, Harassment, and Non-Discrimination.