Model Grievance Procedures for Circuit Courts
Model Grievance Procedures for Circuit Courts
It is the intent of the Missouri court system to assure equity, fairness and full participation in the judicial system for persons with disabilities. The following grievance procedures have been established for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act (28 C.F.R. §35.107).
The purpose of this procedure is to establish a mechanism for resolving complaints without requiring the complainant to resort to federal complaint procedures. However, complainants are not required to exhaust this grievance procedure before they can file a complaint at the federal level. It is recommended that the presiding judge form a team of at least three members to address complaints.
Procedure for Filing Grievances
A. The complaint shall contain the following minimum information:
B. Filing
C. Assessment and Determination of Team Members
D. Action
E. Closure, Notification and Records Retention
It is the intent of the Missouri court system to assure equity, fairness and full participation in the judicial system for persons with disabilities. The following grievance procedures have been established for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act (28 C.F.R. §35.107).
The purpose of this procedure is to establish a mechanism for resolving complaints without requiring the complainant to resort to federal complaint procedures. However, complainants are not required to exhaust this grievance procedure before they can file a complaint at the federal level. It is recommended that the presiding judge form a team of at least three members to address complaints.
Procedure for Filing Grievances
A. The complaint shall contain the following minimum information:
- Name, address, and telephone number of the complainant on whose behalf the complaint is being made;
- The court facility in which the violation is alleged to have occurred;
- A complete statement of the grievance and the facts upon which it is based;
- The desired remedy or solution requested; and
- The name of any witnesses who can provide supportive or relative information.
B. Filing
- Complaints may be filed at the court facility in which the violation is alleged to have occurred. Individual courts will forward the complaints to the presiding judge within two calendar days from the date the complaint is filed.
- The filing deadline may be extended upon a show of good cause.
C. Assessment and Determination of Team Members
- The presiding judge will determine which function(s) of the court is at issue: facilities, programs, services, benefits or activities.
- The presiding judge will notify the chief judge and the court administrator of the complaint.
- A team consisting of at least three people, one of which must be the presiding judge, shall address the complaint. Individual(s) who are charged in the complaint with alleged discriminatory conduct shall not be a member of the team.
- The team may involve representatives from county government entities in the resolution of the complaint when the complaint involves a court facility, program, service, benefit or activity that is under the authority or provided by county government.
- The team, or a member of the team, will review the complaint with the complainant and interview witnesses who can provide supportive or relative information and complete the fact finding.
- The team, or a member of the team, shall determine the legal sufficiency of the complaint.
D. Action
- If a complaint is legally deficient, the complaint shall immediately be brought to closure.
- If a complaint is legally sufficient, the team will establish a course of action to resolve the complaint.
- To the extent necessary, the court will make reasonable modifications to its programs, services, benefits and activities to ensure future compliance with the ADA.
- When appropriate, and to the extent necessary, the court will work with county government to make reasonable modifications to court facilities, programs, services, benefits and activities that are under the authority or provided by county government to ensure future compliance with the ADA.
- The court may invoke the course of action described in the regulations implementing the ADA (28 C.F.R. §35.164) when modifications would result in a fundamental alteration in the nature of a service, program or activity or in undue financial and administrative burdens.
- The team may call upon the Office of State Courts Administrator Access to Justice Program to act as technical assistance.
E. Closure, Notification and Records Retention
- The presiding judge shall communicate the results of the investigation and the chosen course of action to the complainant not later than 30 working days from the date the complaint was filed.
- A record of the grievance shall be maintained for three years; the record shall be located with the presiding judge.
- If the complainant is not satisfied with the results of the Missouri courts investigation, the complainant may wish to file complaints with the Missouri Commission on Human Rights and/or the United States Department of Justice if he/she has not previously done so.