Section 1725.80  Case-by-Case Resolution

a)         Each grievance involves a unique set of factors.  Factors that will be considered include:  

1)         the specific nature of the disability or protected classification characteristics under federal or State civil rights law;

2)         the essential eligibility requirements for, the benefits to be derived from, and the nature of the program, service, or activity at issue;

3)         the health and safety of others; and

4)         whether an accommodation would constitute a fundamental alteration to the program, service, or activity or undue hardship upon the Department.  

b)         Accordingly, termination of a formal grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainant should rely.