Fort Smith Disability Grievance Procedure Policy

Grievance Procedures Under Section 504 of the Rehabilitation Act of 1973

1. Purpose:
   
   In accordance with the requirements of Section 504 of the Rehabilitation act of 1973 (Section 504), St. Edward Mercy Medical Center (Mercy) does not discriminate on the basis of disability in admission to, participation in, or receipt of services and benefits under any Mercy program or activity.  Consistent with these laws, Mercy does not retaliate or discriminate against, or coerce, intimidate or threaten any individual who:
   1. Opposes any act or practice made unlawful by Section 504
   2. Files a grievance and/or complaint, testifies, assists, or participates in any investigation, proceeding, or hearing under Section 504.
      
      Mercy has adopted an internal grievance procedure providing for the prompt and equitable resolution of grievances alleging any action prohibited by Section 504 or the Federal regulation implementing this law.  The applicable Federal law and regulation may be examined in the office of the Vice President of Mission, who has been designated to coordinate the efforts of Mercy to comply with Section 504.
      
      Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. Procedure:
      
      Grievance must be submitted to the Section 504 Coordinator as soon as possible but no later than sixty (60) calendar days after the date the person filing the grievance becomes aware of the alleged discriminatory action.
       
   3. A grievance must be in writing, containing the name and address of the person filing it.  The grievance must state the problem or action alleged to be discriminatory and the remedy or relief sought.
       
   4. The Section 504 Coordinator (or his/her designee) will conduct an investigation of the grievance.  This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the grievance.  The Section 504 Coordinator will maintain the files and records of Mercy relating to such grievances.
       
   5. The Section 504 Coordinator will issue a written decision on the grievance no later than thirty (30) calendar days after its filing.
       
   6. The person filing the grievance may appeal the decision of the Section 504 Coordinator by writing to the Chief Executive Officer within fifteen (15) calendar days of receiving the Section 504 Coordinator’s decision.
       
   7. The Chief Executive Officer will issue a written decision on the appeal no later than thirty (30) calendar days after its filing.
       
   8. Filing a grievance with the Section 504 Coordinator does not prevent the applicant, resident and/or his family member or guardian from filing a complaint with the Office for Civil Rights, U. S. Department of Health and Human Services.
      
      The Section 504 Coordinator will make appropriate arrangements to ensure that individuals with disabilities are provided auxiliary aids and services if needed to participate in this grievance process.  Such arrangements may include, but are not limited to, providing interpreters for persons who are deaf or hard-of-hearing, providing recordings of material for persons who are blind or who have low vision, or assuring a barrier-free location for the proceedings.