Appeals
Conflict Resolution
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Complaints about Disability Accommodations
a) Informal Review (optional for students)
A student registered with SSD may bring a complaint about disability accommodations to the SSD Director. If the accommodation decision was made by the SSD Director, then the complaint may be brought to the Assistant Vice President for Student Affairs (AVP). The complaint must be in writing and describe the matter to be resolved. The SSD Director or the AVP will first seek to resolve the complaint by informal means. This step should take no more than 5 working days, and if successful, can provide a speedy resolution to the dispute.
b) Mid-level Review (interactive process)
If a student elects to use the Informal Review process but the complaint is not resolved in the Informal Review, a mid-level review can be initiated by a student, the SSD Director or AVP. The SSD Director will be responsible for notifying the Americans with Disabilities Act (ADA) Compliance Officer that a mid-level review has been initiated. In addition, during the process described below, the SSD Director or the student's SSD Counselor wiil be responsible for discussing with the student any interim remedies that may be necessary during the mid-level review process.
A student who has elected not to participate in the Informal Review process may initiate a mid-level review by filing a written complaint describing the matter to be resolved with the ADA Compliance Officer at Sierra Hall 110. The ADA Compliance Officer will convene a panel within 10 working days of receipt of notification from the SSD Director that an informal resolution was not successful or receipt of a complaint under this process from a student.
The Review Panel will consist of the ADA Compliance Officer, one faculty member who is knowledgeable in the area of learning and other disabilities, the SSD Director, and a professional staff member of SSD who is knowledgeable about the specific disability, the requested
aids or accommodations and available options, and, depending on the issues, other academic or administrative personnel as may be appropriate. If one of the SSD staff members on the panel determined the accommodation for the student, that staff member will not participate in the review of that accommodation and will be temporarily replaced by another staff member designated by the SSD Director.
The panel will use a problem solving approach and will include the following steps: 1) an analysis of the particular class or activity for which the accommodation is being sought; 2) consultation with the student with a disability to ascertain the particular limitations of his or her disability and what is being requested as accommodation(s) to overcome the limitations; 3) consultation with the student with a disability to identify options and assess the effectiveness each would have in enabling the student to have an equal opportunity to participate; and 4) consideration of the preference of the student to be accommodated and selection and implementation of the accommodation that is most appropriate for the student and University.
The Review Panel will make a determination within 5 working days. The timeline may be extended for good cause by the ADA Compliance Officer in \vriting to the student. The writing to the student must explain why the timeline for determination has been extended, and address the need, if any, for interim remedies. In determining whether or not good cause exists to justify extending the timeline for determination, the ADA Compliance Officer will strongly consider the impact such a timeline extension may have on the student's current ability to effectively participate in his/her University education. The ADA Compliance Officer has the authority in these matters and is the impartial arbitrator who assures prompt and equitable determinations. The written notification to the student will describe the process for filing a formal grievance if the student continues to feel aggrieved.
c) Formal Grievance
The student will be notified of his or her right to follow the University's Procedure for a Discrimination Complaint by Student and of the timelines I for filing. This document is available from the Office of the Vice President of Student Affairs in University Hall 231 or online.
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Complaints about the Delivery of Accommodations
a) Informal Review (optional for students)
A student registered with SSD may bring a complaint about the delivery of accommodations to the SSD Director. The complaint may be verbal or in writing and must describe the matter to be resolved. The SSD Director will first seek to resolve the complaint by informal means. This step should take no more than 5 working days, and if successful, can provide a speedy resolution to the dispute.
a) If the SSD Director made the decision, then the complaint may be brought to the AVP. The complaints may be verbal or in writing and must describe the matter to be resolved. The SSD Director or AVP must provide a written response to the complainant within 5 working days of receipt of the complainant's written complaint.
b) Mid-level Review (interactive process)
If a student elects to use the Infonnal Review process but the complaint is not resolved in the Informal Review, a mid-level review can be initiated by a student, the SSD Director or AVP. The SSD Director will be responsible for notifying the Americans with Disabilities Act (ADA) Compliance Officer that a mid-level review has been initiated. In addition, during the process described below, the SSD Director or the student's SSD Counselor will be responsible for discussing with the student any interim remedies that may be necessary during the mid-level review process.
A student who has elected not to participate in the Informal Review process may initiate a mid-level review by filing a written complaint describing the matter to be resolved with the ADA Compliance Officer at Sierra Hall 110. The ADA Compliance Officer will convene a panel within 10 working days of receipt of notification from the SSD Director that an informal resolution was not successful or receipt of a complaint under this process from a student.
The Review Panel will consist of the ADA Compliance Officer, one faculty member who is knowledgeable in the area of learning and other disabilities, the SSD Director, and a professional staff member of SSD who is knowledgeable about the specific disability, the requested aids or accommodations and available options, and, depending on the issues, other academic or administrative personnel as may be appropriate. If one of the SSD staff members on the panel participated in the delivery of accommodations, that staff member will not participate in the review of that accommodation and will be temporarily replaced by another staff member designated by the SSD Director.
The panel will use a problem solving approach and will include the following steps: 1) an analysis of the particular class or activity for which the accommodation is being sought; 2) consultation with the student with a disability to ascertain why the delivery of accommodations do not meet the needs of the student 3) consultation with the student with a disability to identify options and assess the effectiveness each would have in enabling the student to have an equal opportunity to participate; and 4) consideration of the preference of the student to be accommodated and selection and implementation of the accommodation that is most appropriate for the student and
University.
The Review Panel will make a determination within 5 working days. The timeline may be extended for good cause by the ADA Compliance Officer in \Vriting to the student. The writing to the student must explain why the timeline for determination has been extended, and address the need, if any, for interim remedies. In detennining whether or not good cause exists to justify extending the timeline for determination, the ADA compliance Officer will strongly consider the impact such a timeline extension may have on the student's current ability to effectively participate in his/her University education. The ADA Compliance Officer has the authority in these matters and is the impartial arbitrator who assures prompt and equitable detenninations. The written notification to the student will describe the process for filing a formal grievance if the student continues to feel aggrieved.
c) If the student is not satisfied with the SSD Director's/AVP's response, then the student must use the Procedure for a Discrimination Complaint. There are timelines for filing.2 This document is available from the Office of the Vice President for Student Affairs in University Hall 231 or is available online.
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Complaints about Staff
a) A student registered with SSD may bring a complaint about staff service and/or attitude to the SSD Director. The compla1nt may be verbal or in writing and describe the matter to be resolved. The SSD Director or her designee will agree to meet in person the complaining student within 5 working days of receipt of the complaint.
b) If the student is not satisfied with the SSD Director's response or if the student believes that the SSD Director is not the appropriate person with whom to raise the complaint, then the student may go to the AVP. The AVP or his designee will agree to meet with the student within 5 working days of receipt of the complaint.
c) If not satisfied, the student next may bring the matter to the Vice President for Student Affairs and to the Provost. The VPSA or Provost or their designee will agree to meet with the student within 5 working days of receipt of the complaint. If the VPSA or Provost designates a representative to meet with the student, such a designee cannot be the same person designated to meet with students in pursuant to section 3(b) of this agreement.
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Complaints about Alleged Discrimination Practices and Decisions Regarding Eligibility.
a) A student registered with SSD may bring a complaint about an alleged discriminatory practice or decision regarding eligibility to the
SSD Director.
b) If the SSD Director is alleged to have discriminated, then the complaint may be brought to the AVP. The complaints must be in writing and describe the matter to be resolved.
c) Mid-level Review (interactive process)
If the complaint about an alleged discriminatory practice or decision regarding eligibility is not resolved by the SSD Director or the AVP, a mid-level review can be initiated by a student, the SSD Director or AVP. The SSD Director will be responsible for notifying the Americans with Disabilities Act (ADA) Compliance Officer that a mid-level review has been initiated. In addition, during the process described belov,1, the SSD Director or l'1e student's SSD Counselor will be responsible for discussing with the student any interim
remedies that may be necessary during the mid-level review process. A student may initiate a mid-level review by filing a written complaint describing the matter to be resolved with the ADA Compliance Office at Sierra Hall 110. The ADA Compliance Officer will convene a pane within 10 working days of receipt of notification from the SSD Director that an informal resolution was not successful or receipt of a complaint under this process from a student.
The Review Panel will consist of the ADA Compliance Officer, one faculty member who is knowledgeable in the area of learning and other disabilities, the SSD Director, and a professional staff member of SSD who is knowledgeable about the specific disability, the requested aids or accommodations and available options, and, depending on the issues, other academic or administrative personnel as may be appropriate. If one of the SSD staff members on the panel determined the accommodation for the student, that staff member will not participate in the review of lhat-accomn10dati0n a."1d will be temporarily replaced by another staff member designated by the SSD Director.
The panel will use a problem solving approach and will include the following steps: 1) an analysis of the particular class or activity for which the accommodation is being sought; 2) consultation with the student with a disability to ascertain the particular limitations of his or her disability and what is being requested as accommodation(s) to overcome the limitations; 3) consultation with the student with a disability to identify options and assess the effectiveness each would have in enabling the student to have an equal opportunity to participate; and 4) consideration of the preference of the student to be accommodated and selection and implementation of the accommodation that is most appropriate for the student and University.
The Review Panel will make a determination within 5 working days. The timeline may be extended for good cause by the ADA Compliance Officer in writing to the student. The writing to the student must explain why the timeline for determination has been extended, and the address the need, if any, for interim remedies. In determining whether or not good cause exists to justify extending the timeline for determination, the ADA Compliance Officer will strongly consider the impact such a timeline extension may have on the student's current ability to effectively participate in his/her University education. The ADA Compliance Officer has the authority in these matters and is the impartial arbitrator who assures prompt and equitable detenninations. The written notification to the student will describe the process for filing a formal grievance if the student continues to feel aggrieved.
d) If the student is not satisfied with the mid-level review process, then the student must use the Procedure for a Discrimination Complaint. There are timelines for filing. This document is available from the Office of the Vice President for Student Affairs.