The Office of Compliance’s ADA appeal review process is available for any current employee, student, academic program applicant, or program participant who believes they are being denied reasonable accommodations or an approved accommodation is not being implemented to participate in a current class, program, service, activity, or employment.
All parties are encouraged to initially attempt to resolve matters through an alternative resolution process for quick resolution before filing an appeal with the Office of Compliance. The OC may direct parties back to the interactive process, or meeting, to review and discuss the matter before accepting an appeal review.
All appeals must be filed with the OC within 30 calendar days from the date of the accommodation decision or date the accommodation was not implemented.
Filing an Appeal Review for Reasonable Accommodation Denials
You were denied a reasonable accommodation by the McBurney Disability Resource Center (for students), a Divisional Disability Representative (for employees), or hosting unit (for program participants, visitors, and guests):
- The review must be requested in writing within 30 calendar days of the initial decision
- The request should identify which bases for review applies:
• Facts in the record that do not support the accommodation denial or modification and explain why those facts warrant a different outcome.
• 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
• The denial was based on factors prohibited by state or federal law. - The request should identify any other internal university appeals, grievances or complaints that have been filed related to the same matter.
- The OC will consider the following when making a decision:
• Whether the university engaged, or attempted to engage, in the interactive process, and all relevant information was gathered and fairly considered
• Whether the requested accommodation fundamentally alters the nature of the program or an essential program standard
• Whether the requested accommodation presents an undue hardship, financial or administrative burden to the university
Filing an Appeal Due to Reasonable Accommodations Not Being Properly Implemented
You were approved for an accommodation but it is not being implemented in your class, program, or job
- The review must be requested in writing within 30 calendar days of the alleged failure to accommodate and while the relevant class, job duty, program, service or activity is ongoing.
• If the denial occurred in a class, program, service, or activity that has ended, and you believe you suffered an adverse action as a result of the denial, you may submit a complaint of discrimination based on disability through the Office of Compliance’s Civil Rights Investigation process within 300 calendar days. - The request should include the following information:
• Identify the specific, approved accommodation(s) not being properly provided
• Identify when and who received notice of the accommodation and is responsible for its implementation
• Describe any previous efforts made to work with the individual or unit responsible for implementing the accommodation - The OC will consider the following when making a decision:
• The individual or unit received clear notice of the need for reasonable accommodations
• The approved accommodation has presented a previously unknown or unanticipated undue hardship, financial or administrative burden to the university
• The approved accommodation fundamentally alters the nature of the relevant program or an essential program standard in a way that was previously unknown or unanticipated
• Any other non-discriminatory explanations as to why the accommodation has not been implemented
Review Timeline and Confidentiality
The OC’s review will be completed within 30 calendar days but can extend the review by an additional 60 calendar days and will give notification when extending a review. Reviews are not confidential, meaning that those who need to be contacted to obtain further information will be made aware of the review and medical information may be shared as necessary.
Alternate Dispute Resolution Process
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Students
Students who have been denied an accommodation related to their status as a student (not a student employee) may initially attempt to resolve matters by contacting the McBurney Disability Resource Center to discuss the nature of the complaint, factors to consider as part of the interactive process, and whether an alternative resolution process with the individual or program that denied the accommodation could be engaged. Often, an alternative resolution process is sufficient to address the accommodation concern.
Engaging in the alternate dispute resolution process does not stop the 30-calendar day deadline by which an appeal must be filed with the Office of Compliance as noted in the Access for Students with Disabilities policy.
Employees
Contact the Employee Disability Resources Office to determine if an alternative dispute resolution process is available.
Guests, Program Participants, and Visitors
Guests, Program Participants, and Visitors may initially attempt to resolve matters by contacting the hosting unit or McBurney Disability Resource Center to discuss the nature of the complaint, factors to consider as part of the interactive process, and whether an alternate resolution process with the individual or program that denied the accommodation could be engaged. Often, an alternate resolution process is sufficient to address the accommodation concern.
Please: note: Program participants are informed that due to the expedient nature of university programs, services, and activities, they are encouraged to pursue the alternative dispute resolution option by contacting the hosting unit or the McBurney Disability Resource Center.
Engaging in the alternate dispute resolution process does not stop the 30-calendar day deadline by which an appeal must be filed with the Office of Compliance as noted in the Access for Guests, Program Participants, and Visitors with Disabilities policy.
Request a Review
Use the Appeal Review Form to request a review.