Alternative Resolution Process for Accommodation Denials
The ADA Coordinator (ADAC) serves as the first point of contact for a visitor or program participant who has been denied an accommodation or otherwise believes there has been a policy violation regarding the accessibility of a university-sponsored program or event. The ADAC will review the concern and work with the program or event sponsor and other campus resources appropriate to the issue to determine whether the concern can be resolved through means other than a formal appeal review.
Formal Appeal Process for Accommodation Denials
When an alternative resolution process is not successful or otherwise appropriate to address the concern, the visitor or program participant can file a formal appeal with the ADA Coordinator within 30 days after the complainant becomes aware of the alleged violation.
To appeal the accommodation denial, the Appealing Party must address in writing one or more of the following bases for appeal:
- Identify the facts in the record which do not support the accommodation denial and explain why those facts warrant a different outcome;
- Identify new facts that were not known and could not have been discovered during the interactive process and state how these new facts would change the analysis and decision.
- Identify how the denial was based on factors proscribed by state or federal law.
The Appealing Party must also identify any other internal university appeals, grievances or complaints that have been filed related to the same facts.
It is within the ADAC’s discretion to decline an appeal review when the Appealing Party does not provide sufficient information to detail any basis for the appeal.
ADA/504 Coordinator Review
The ADAC’s review will determine whether:
- proper procedures were followed and all relevant information was gathered and fairly considered,
- the requested accommodation fundamentally alters the nature of the program or an essential program standard,
- the requested accommodation presents an undue financial or administrative burden to the institution,
- the denial is supported by the record and was not arbitrary or capricious,
- the denial is in compliance with the law,
- any other factors the ADAC deems relevant to the matter.
The ADAC may request detailed information from the Appealing Party and the unit denying the request, and may solicit additional information from or consult with those previously involved in the decision, the overall unit head (dean, director, vice chancellor), the McBurney Disability Resource Center, Employee Disability Resources Office, Office of Human Relations, Office of Legal Affairs, and/or others as appropriate.
Maximum possible confidentiality will be maintained and information will only be shared on a “need to know” basis, if it appears necessary in order to decide the appeal.
The potential outcomes of the ADA appeal process may include:
- The decision to deny the accommodation is upheld.
- The decision to deny the accommodation is overturned and the appealing party and the relevant unit return to the interactive process to determine implementation of the accommodation.
- The ADAC returns the issue to the interactive process to reevaluate reasonable accommodations under instructions of the ADAC.
- The appeal is dismissed for untimeliness or because insufficient information was provided by the appealing party initially or during the course of the review.
The ADAC shall provide written notification of the appeal decision within 30 calendar days to the Appealing Party, the unit that originally denied the accommodation, and other relevant parties (e.g., McBurney Disability Resource Center, Disability Divisional Representative, Employee Disability Resources Office, Dean/Director, department chair, etc.). If the 30-calendar day time limit cannot be met, the ADAC will inform the Appealing Party, the unit, and relevant other parties of an alternative time limit, not to exceed an additional 60 calendar days.
This is the final internal appeal process for accommodation denials for all parties other than students who have the right to appeal under Chapter 36.12.