SSD Student Disability Accommodation Grievance Procedures
Students should be aware that there are two (2) procedures to address disability-related complaints, depending on the nature of the complaint. These are internal formal processes designed to serve the student through due process, ensuring their rights.
Two (2) distinct policies guide the processes noted below:
Process 1 ACCOMMODATIONS: This procedure (outlined below) addresses student complaints regarding accommodations or accessibility. Through this process, a student may seek a review of decisions related to a denial of a requested accommodation or failure to provide an approved accommodation.
Process 2 DISCRIMINATION: This procedure addresses student complaints alleging harassment or discrimination based on disability (unrelated to access or accommodation, in most instances) pursuant to the CSU’s Nondiscrimination Policy. These complaints should be filed directly with Institutional Equity & Compliance and not through the SSD Student Disability Accommodation Grievance Procedures.
Process 1 ACCOMMODATIONS
SSD Student Disability Accommodation Grievance Procedures
The purpose of these procedures is to ensure that CSU, San Bernardino (CSUSB) complies with the provisions of the Americans With Disabilities Act of 1990 as amended (ADAAA), Rehabilitation Act of 1973, as amended (Section 504) and that students with disabilities are provided the means to seek resources in the event a violation is perceived to have occurred. Actions that may fall under this policy include disagreements between SSD and student as to the assignment or implementation of accommodations, perceived missing accommodations, implementation of accommodations, or escalated needs between student and SSD staff including disability specialists and directors. This procedure is intended to reflect CSUSB’s commitment to the principles, goals, and ideals described in the CSU Disability Support and Accommodations Policy (EO 1111) and the CSU Policy for the Provision of Accommodations and Support Services to Students with Disabilities (AA 2014-08)
The most efficient way to resolve a potential concern related to accommodation or accessibility is to communicate those concerns directly to the responsible CSUSB official (instructor, staff, administrator). SSD encourages students who believe they have been denied a reasonable accommodation or sufficient access by a CSUSB instructor or office, including SSD, when implementing a reasonable accommodation, to attempt to resolve the concern directly with that person or office. In addition, each member of SSD has an administrator supervisor, usually the director of SSD, and they can informally bring their concerns not only to the person they are working with but also to that person’s supervisor. To facilitate the timely resolution of such concerns, students should communicate their concern as soon as possible and clearly articulate in a written statement stating the resolution that they seek. Students should contact their SSD Disability Specialist for guidance on handling such matters and to receive support related to an approved accommodation, including consultation and facilitation of solutions, when appropriate.
Most concerns about accommodation and accessibility can be resolved in this manner. Students should make every reasonable effort to achieve this resolution whenever possible. If the concern is resolved to the student’s satisfaction, no grievance appeal is necessary.
If such direct communication does not resolve concerns related to accessibility or accommodation, SSD encourages students who believe they have been denied a reasonable accommodation or the implementation of an approved accommodation to use the Student Disability Accommodation Grievance Procedures set forth below.
The SSD Student Disability Accommodation Grievance Procedures place first priority on open, honest communication. A grievance filed under this procedure will be initiated within six months of the alleged accident. The student may withdraw the grievance at any stage, at which point the process will immediately terminate. During all stages of the grievance the burden of proof will be on the student. SSD will help students understand the scope and details of the grievance procedure.
Initial assistance with complaints should be an informal process discussed with the SSD Director to determine how students can best resolve disagreement with policies, practices, or individuals. Resolutions through preventive intervention rather than formal complaints can, in most cases, result in a positive outcome.
Informal Complaint Resolution
A student who has a complaint regarding determination of disability status, service provision and/or related issues should notify their Disability Specialist or SSD Director as soon as possible in an attempt to resolve the issue. The SSD Director will arrange a meeting within 10 working days. The Disability Specialist or designee may attend this meeting at the request of either the student or the SSD Director.
These complaints can include, but are not limited to, denial of accommodation, delay and/or denial of services or auxiliary equipment, and/or program. The SSD Director will inform the student in writing of the outcome of the interaction no later than 10 working days after the meeting.
If an informal resolution is not reached, the student may submit a formal complaint within 100 days of the event/action (or the last date of a related series of events/actions), notwithstanding any action taken by the appropriate administrator.
Formal Complaint Resolution
A formal complaint may be filed by a student who has been denied services by the Disability Specialist or designee or is dissatisfied with the services provided.
Formal complaints must meet one of two criteria:
- Procedural error occurred that may have impacted the decision, or
- New evidence exists that was not reasonably available to present at the time of the original decision or informal complaint process.
The formal complaint must be made in writing to the SSD Director and include the following information:
- The accommodation or service that is subject to the complaint,
- Date of the complaint,
- The facts on which the complaint is based,
- Alleged procedural error or violation of policy,
- New evidence that was not previously available that may affect a student’s requested service(s), and
- The resolution requested.
The decision regarding formal complaints shall be made by a committee of three people appointed by the Associate Vice President overseeing SSD. The Committee’s review will be to ensure due process was followed and if appropriate, consider new evidence that may affect a student’s requested service or accommodation. The SSD Director will notify the student in writing of the Committee’s decision regarding the complaint. The committee's decision will be final.