Purpose. Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against an otherwise qualified disabled individual, solely by reason of disability, in the services, programs or activities of the State. It requires the State to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title II. It further requires the State to have a complaint procedure for prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II. This policy serves both the interests of the State and complainants as its purpose is to provide for the resolution of complaints at the informal state level rather than the formal federal level. Any person, including employees, recipients of services, contractors, or members of the public, who feel that they have been discriminated against by the State on the basis of disability, may use this complaint procedure. This procedure shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the State complies with the applicable provisions of the ADA and implementing regulations.

Compliance. Each agency is responsible for compliance with the requirements of the ADA which are applicable to that agency. In order to fulfill this provision, each agency shall appoint an agency ADA contact within their respective agency and provide the name of that contact to the State ADA Contact located in the State Personnel Division.

Complaints. Each agency will ultimately be responsible for investigating any allegation of noncompliance. However, to simplify the complaint process for those wishing to make a complaint, the State will have one ADA Contact person who will process complaints and the State’s response to such complaints. The State ADA Contact will be the Affirmative Action Officer in the Department of Administrative Services State Personnel Division.

Filing a Complaint.

1. Complaints must be addressed to State of Nebraska ADA Contact, 301 Centennial Mall South, Mall Level, P.O. Box 94905, Lincoln, NE 68509-4905, (402) 471-3678.

2. A complaint should be filed as soon as possible but must be filed no later than forty-five (45) calendar days after the complainant becomes aware of the alleged violation.

3. A complaint must be filed in writing and contain as much information as possible about the alleged discrimination including at least the following:

   1. Name, address, and telephone number of the complainant;

   2. Name and address of complainant’s representative if claimant is represented (this is an informal process and representation is not required but is not prohibited) and;

   3. Description of the alleged violation of Title II of the Americans with Disabilities Act upon which the complaint is being made and the responsible agency and/or individual(s), location(s), and the date(s).

Alternative means of filing a complaint will be made available to accommodate persons with disabilities upon request.

Complaint Process

1. Within 10 workdays of receipt of a complaint, the State ADA Contact will review the complaint, categorize the complaint into one of the following categories, and forward it for a review and recommendation as described below. If necessary, the State ADA Contact may contact and/or meet with the complainant to clarify the nature of the complaint and the appropriate reference position as outlined below:

   1. Employee Complaints are complaints by a state employee related to his or her employment. These complaints should first be resolved at the agency level using any internal process provided for such complaints. Complainants should identify in the complaint whether they have exhausted agency remedies and if not, why not. The State ADA Contact will refer these complaints to the employing agency.

   2. Applicant Complaints are complaints by an applicant for a state job related to the application and/or hiring process. The State ADA Contact will refer these complaints to the Department of Administrative Services State Personnel Division who will work with the hiring agency as necessary for a complete response.

   3. Service Complaints are complaints related to programs, activities, or services provided by the State. The State ADA Contact will refer these complaints to the agency responsible for the relevant program, activity, or service.

   4. Facility Complaints are complaints related to the physical accessibility of any State property. The State ADA Contact will refer these complaints to the Department of Administrative Services State Building Division. The Building Division will work with the relevant state agency and/or property manager as necessary for a complete response.

   5. Other complaints. In cases where the complaint cannot be categorized as an employee, applicant, service, or facility complaint, the State ADA Contact will use his/her discretion to determine the appropriate reference agency or individual.

2. Within 20 workdays after receipt of the complaint, the agency must respond to the State ADA Contact. Such response should include the position of the agency regarding the alleged violation, the appropriateness of the allegation for informal resolution, and any proposed solutions for resolution of the complaint without escalation to another level. If such a response cannot be returned within the time required above, the agency should notify the State ADA Contact and make arrangements for an appropriate timeline. The State ADA Contact will notify the complainant of any substantial change in the response timeline.

   1. If an investigation is necessary prior to completion of a response, the investigation will be informal and due process will be provided for both the complainant and the State.

3. Within 10 workdays of receipt of the agency’s response, the State ADA Contact will respond to the complainant in writing. The response will explain the State’s position and offer the complainant possible options for resolution which have been approved by the relevant agency. A copy of the response will also be sent to the relevant agency.

4. Appeal/Review process: If the response by the State does not resolve the issue to the complainant’s satisfaction, the complainant may, within 15 days of receipt of the ADA contact’s response, request a review of the decision. Such request for review must be submitted in writing as follows:

   1. Requests for review of employee and applicant complaints shall be submitted to the DAS State Personnel Director, 301 Centennial Mall South, Mall Level, PO Box 94905, Lincoln, NE 68509-4905.

   2. Requests for review of service complaints shall be submitted to the DAS State Personnel Director, 301 Centennial Mall South, Mall Level, PO Box 94905, Lincoln, NE 68509-4905.

   3. Requests for review related to facility complaints shall be submitted to DAS Building Renewal Task Force Administrator, 521 S 14^th Street, Suite 509, Lincoln, NE 68508-2707

   4. Requests for review related to other complaints shall be submitted to State of Nebraska ADA Contact, 301 Centennial Mall South, Mall Level, P.O. Box 94905, Lincoln, NE 68509-4905, who will distribute the request to review to an appropriate reviewing party based on the nature of the complaint.

Upon the determination of the party identified above as responsible for reviewing the initial decision that additional expertise or input is required, the responsible party may convene a panel to make a recommendation to the responsible party or to complete the review on behalf of the responsible party.

The party identified above as responsible for reviewing the initial decision will respond to the complainant in writing within 15 workdays after receipt of the request for review.

5. If an informal resolution is agreed to, the State ADA Contact will document the agreed upon resolution and the agency will take the steps required to implement the resolution.

6. Any timelines established in these procedures may be waived by written mutual consent.

Format. All responses required under this policy to be made in writing by the State will be made in a format accessible to the complainant (for example large print, Braille, audio tape, etc.) if such format is requested at the time the complaint is filed. Respondent agencies will bear the cost of complying with this formatting requirement.

Other Remedies. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the complainant’s pursuit of other remedies such as filing with the NEOC/EEOC. Use of this procedure in no way limits a complainant’s rights to pursue other remedies. Use of this complaint procedure is not required prior to pursuing other remedies.