The Rhode Island Judiciary (Judiciary) has developed a voluntary internal grievance procedure to address complaints alleging any action prohibited by the Americans with Disabilities Act (ADA) of 1990 and/or Section 504 of the Rehabilitation Act of 1973. The complaint procedure outlined below will provide prompt and equitable resolution of complaints alleging any discrimination against persons on the basis of disability in employment matters and/or in the provision of services by the Judiciary or Judiciary personnel and which complaints allege acts or omissions prohibited by the ADA and/or Section 504 of the Rehabilitation Act of 1973.
The grievance procedure is limited to the review of alleged discrimination complaints and the denial of requests for reasonable accommodations by court employees. The ADA Coordinator cannot review, change, or override determinations made by a judicial officer. This includes orders issued by a judicial officer, as well as decisions made by a judicial officer regarding how courtroom proceedings are to be conducted. Any disagreement with a judicial ruling or court order or instruction regarding courtroom proceedings must be addressed by motion or the appellate process in accordance with the applicable court rules. The ADA Coordinator cannot consider complaints involving a judicial officer’s conduct. Complaints concerning a judicial officer’s conduct must be submitted to the Commission on Judicial Tenure and Discipline.
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Complaint Process
a. A person seeking to file a grievance (complainant) should submit the complaint in writing by completing the Americans with Disabilities Act (ADA) Complaint form. Forms are also provided upon request. Before filing the complaint, review the instructions for filing an ADA grievance with the Rhode Island Judiciary to determine if the ADA Office is the appropriate office to file your complaint. The instructions can be found on page one of the Americans with Disabilities Act (ADA) Complaint form.
b. Complaints must be submitted to the ADA Coordinator within ten (10) business days after the complainant becomes aware of the alleged violation.
c. Complaints should be addressed to:
Tamera N. Rocha, Esquire
ADA Coordinator
Access to Justice Office
222 Quaker Lane
Warwick, Rhode Island 02886
(401) 615-2469 or through RI RELAY at 7-1-1
ADA@courts.ri.gov
d. Upon request, alternative means of filing complaints shall be made available for persons seeking such accommodation on the basis of a disability. Complaints filed by alternative means must include the name, address, telephone number, email address, and brief description of the alleged violation including the date(s) and parties involved.
e. Complaints by court employees and applicants for court positions relating to employment discrimination based on disability, and complaints relating to discrimination based on a disability in the provision of services, may also be filed with the Governor's Commission on Disabilities, and in some cases with the Rhode Island Commission for Human Rights. In addition, the complainant may have other remedies, including those relating to federal agencies, such as the United States Equal Employment Opportunity Commission and the United States Department of Justice. The ADA Coordinator shall give a copy of the complaint to the State Court Administrator, the chief or presiding judge, and the court administrator of the applicable court.
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Investigation and Report
a. An investigation, as may be appropriate, will follow the filing of a complaint. The investigation will be conducted by the ADA Coordinator, or designee, in consultation with the Assistant State Court Administrator for Employee Relations, the Judicial Equal Opportunity Officer, and other court personnel, as warranted. This procedure contemplates an informal but thorough investigation, affording all interested persons and any representatives, an opportunity to submit evidence relevant to a complaint. Mediation may be offered to the complainant at this level.
b. At the conclusion of the investigation, the ADA Coordinator shall prepare a report that will make a written determination as to the validity of the complaint and a description of the resolution, if any. The ADA Coordinator will forward a copy of the report to the complainant within twenty (20) business days after the complaint was received, unless further time is necessary, or the deadline is extended by all parties in writing.
c. Complaints that are not subject to this procedure will be denied without an investigation.
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Appeal
a. If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant or designee may appeal the decision to the State Court Administrator within twenty (20) business days after receipt of the report.
b. Within twenty (20) business days after receipt of the appeal, the State Court Administrator, or designee, will investigate the complaint and respond in writing with a final determination and resolution of the complaint.
c. Alternative accessible formats shall be made available for persons seeking an alternative means of communication as an accommodation.
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Records
The ADA Coordinator will maintain the files and records relating to the complaints filed. Complaints will remain confidential except to the extent necessary to conduct a review of the facts and to the extent authorized by law.