The University of Wisconsin–Madison provides specific processes for employees, job applicants, students, academic program applicants (prospective students), program participants, and visitors or guests to request reasonable accommodations. A Reasonable Accommodation Review is offered when the university denies a requested accommodation, provides an alternative accommodation than the requested one, or fails to properly implement an approved accommodation. The Reasonable Accommodation Review process is conducted by the Office of Compliance.
Allegations of discrimination or harassment based on disability may also be investigated through the Office of Compliance’s Civil Rights Investigation process. This process may also be used when an individual suffered harm (or an “adverse action”) because they were denied an accommodation in a university program or activity that has already ended.
Contact the Office of Compliance Case Manager with any questions.
Accommodations
In compliance with the Americans with Disabilities Act (ADA) and other disability nondiscrimination laws, UW–Madison provides specific processes for employees, job applicants, students, prospective students, program participants, visitors and guests to request a reasonable accommodation:
- Admitted and enrolled students: complete the McBurney Disability Resource Center application
- Prospective students: contact the academic program to which you are applying
- Employees: contact your Divisional Disability Representative (DDR)
- Job applicants: contact the Divisional Disability Representative in the division to which you are applying
- Visitors, program participants and guests: contact the hosting unit or McBurney Disability Resource Center’s Visitor and Program Participant Access Consultant
- UW Health patient or visitor: contact Patient Relations to engage in any UW Health process. UW Health is not under the authority of the university.
Alternative Dispute or Informal Resolution Process
Before requesting a Reasonable Accommodation Review, all parties are encouraged to initially attempt to resolve matters through an alternative dispute or informal resolution process for quick resolution. These processes are offered through the university’s disability services offices:
- Students and prospective students: contact the McBurney Disability Resource Center
- Employees and job applicants: contact the Employee Disability Resources Office
- Program participants, visitors and guests: contact the hosting unit or McBurney Disability Resource Center
- Program participants are encouraged to pursue an alternative dispute resolution with the hosting unit or McBurney Disability Resource Center given the fast-occurring nature of one-time university programs, services, and activities instead of semester-long events.
Reasonable Accommodation Review Process
The Office of Compliance’s Reasonable Accommodation Review process is generally available in the following circumstances:
- McBurney Disability Resource Center has denied a requested accommodation and its decision is final and in writing.
- Your DDR has denied a requested accommodation and its decision is final and in writing.
- An accommodation that was approved by the McBurney Center or your DDR is not being properly implemented in your university program or activity (including classrooms, employment environment, youth program, etc.).
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Timely-Filing and Review Response
A request for a Reasonable Accommodation Review must be filed within 30 calendar days from the date the decision was sent via mail or email, or date the accommodation was not implemented even if an alternative dispute resolution process is used.
Before accepting and starting a Reasonable Accommodation Review, the Office of Compliance may require parties to engage the interactive process with the appropriate disability services office by meeting to review and discuss the matter further.
The Office of Compliance has 30 calendar days from the date the review request is submitted to issue a decision. The office may extend the deadline by an additional 60 calendar days.
Review Decision
When McBurney or a DDR denied an accommodation, the Office of Compliance will factor the following in its decision:
- Did the university engage, or attempt to engage, in the interactive process?
- Did the university gather and fairly consider all relevant information?
- Does the denied accommodation fundamentally alter the nature of the program or essential program standard or requirement?
- Does the denied accommodation present an undue administrative burden to the university?
- Does the denied accommodation present an undue hardship to the program or university?
When an accommodation was approved by the McBurney Center or the DDR, but was not properly implemented, the Office of Compliance will factor the following in its decision:
- The individual or unit received clear notice of the need for reasonable accommodations.
- If the approved accommodation presented a previously unknown or unanticipated undue hardship, administrative burden, or some other negative impact to the university, did the person or unit responsible for accommodation implementation take appropriate action to have the accommodation re-evaluated?
- If the approved accommodation fundamentally alters the nature of the program or essential program standard in a way that was previously unknown or unanticipated, did the person or unit responsible for accommodation implementation take appropriate action to have the accommodation re-evaluated?
- Any other non-discriminatory explanations as to why the accommodation has not been implemented.
Review Notice and Confidentiality
When the Office of Compliance accepts a Reasonable Accommodation Review, it will inform all parties (e.g., supervisor, professor, unit head, etc.) involved in the matter that a review has started by issuing a Reasonable Accommodation Review Notice. This notice ensures all parties are aware a review has been accepted, and the requirement to avoid retaliation.
Reviews are not confidential, meaning that those who need to be contacted to obtain information will be made aware of the review and medical information may be shared as necessary.
Make a Request for a Reasonable Accommodation Review Request Form
The Office of Compliance will acknowledge receipt of your request.
External Review
Individuals are not required to use the university’s Reasonable Accommodation Review process and instead may file their disability complaint outside the university: