Student Disability Accommodation Grievance Procedures

This procedure places first priority on open, honest communication. No grievance procedure should take the place of negotiating in good faith. 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.

Initial assistance with appeals should be an informal process discussed with the SSD Disability Specialist or 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: 

1. Student who has an appeal regarding determination of disability status or denial of an accommodation will meet with their Disability Specialist as soon as possible in an attempt to resolve the issue. 
2. If a resolution is not reached, the student may request to forward their appeal to the SSD Director.  The SSD Director will arrange the meeting within 10 working days. The Disability Specialist may attend this meeting at the request of either the student or the Director.
3. The Director will inform the student in writing of the outcome of the interaction no later than 10 working days after the meeting.
4. If the SSD Director upholds the decision and 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:

A formal complaint may be filed by a student who has been denied services by SSD.  

Formal complaints must meet one of two criteria:

1. Procedural error occurred that may have impacted the decision, or
2. 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:

1. The accommodation or service that is subject to the complaint,
2. Date of the complaint,
3. The facts on which the complaint is based,
4. Alleged procedural error or violation of policy, 

and/or

New evidence that was not previously available that may affect a student’s requested service(s),

5. 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.

The CSU's Disability Support and Accommodations Policy requires the CSU to provide accommodations and support services to students with disabilities in accordance with the Americans with Disabilities Act Amendments Act and Section 504 of the Rehabilitation Act of 1973 as amended. Universities are required to provide academic adjustments to qualified students with disabilities for equal access, but they are not required to provide accommodations that may result in a fundamental alteration to the nature of a service, program, or activity, or that would result in undue financial or administrative burden.

A "fundamental alteration" is a change that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. 

As part of the interactive process (as outlined in Executive Order 1111), a student’s instructors can object to a recommended accommodation only if it presents a fundamental alteration to the course.

Initial assistance with complaints should be an informal process discussed with the SSD Director (or designee) to determine how the complaint 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: 

1. Student notifies Disability Specialist in-person or in writing of accommodation denial:
   1.1. SSD will request from the instructor, department, and/or program documentation of the essential requirements for the course and the manner in which they provided notice of them to students.
   1.1.1. If the accommodation is determined to cause a fundamental alternation:
   - SSD notifies student of finding 
   - SSD will promptly and diligently search for alternate accommodations in consultation with the faculty member and the student.
   1.1.2. If denial was determined inappropriate:
   - SSD Director refers denial to Department Chair or department’s MPP for support in resolving. 
   -  If no resolution, SSD convenes Accommodation Review Committee for a Formal Complaint.

Formal Complaint: 

Fundamental Alteration Process

The committee will render a decision within 15 business days of receiving the complaint. The SSD Director (or designee) will notify the student and faculty of the final decision in writing. The decision will state if the prescribed accommodation was approved or denied, why it was approved or denied, and other accommodations that were considered. The committee's decision will be final. SSD will consider other accommodation requests should the student make them.

If a student feels they have been discriminated against due to a disability (unrelated to access or accommodation, in most instances), they may file a complaint pursuant to CSU’s Nondiscrimination Policy. These complaints are filed directly with CSUSB’s Office of Civil Rights & Title IX.