What does federal law
require with regards to disability discrimination-related grievances?
What types of things are "grievable"?
What about disputes on accommodations?
What if a student is receiving accommodations
when a grievance is initiated?
What does federal law require with
regards to disability discrimination-related grievances?
[ top ]
- The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require every institution to provide informal and formal procedures for the resolution of disability discrimination complaints, including disagreements about reasonable accommodations and complaints of harassment (6 Law). Formal grievance procedures must assure due process in resolving discrimination complaints regarding disability.
What types of things are "grievable"? [ top ]
- Whether they are general or disability-specific, formal or informal grievance
processes need to be able to address a range of circumstances including:
- a student who does not believe he/she has been given the accommodations that are needed;
- a faculty member or administrator who feels that an accommodation fundamentally alters an essential aspect of a course or program;
- a student who believes that he/she has been excluded from participation or judged based solely on stereotype or perception of disability;
- complaints of harassment based on disability;
- complaints of harassment or retaliation while receiving accommodations or during previous resolution attempts.
What about disputes on accommodations? [ top ]
- When the issue is accommodations, there is an additional stage at the beginning of the grievance process. When a student and faculty member cannot agree on an accommodation, the Disability Support Services (DSS) office first determines what accommodations are appropriate to the student's needs and then guides a conversation between the student and faculty member, exploring the accommodation's impact on the course and alternative accommodations. If no agreement can be reached, there must be an initial decision on what accommodations are appropriate (6 Law). Since the individual from DSS was hired to evaluate accommodations, he/she is the decision maker of first resort unless policy explicitly states otherwise. If the student or faculty member disagrees, either can initiate the grievance process described above.
What if a student is receiving accommodations when a grievance is initiated? [ top ]
- The student should continue to receive accommodations throughout the grievance process, unless and until a final ruling is made that the accommodations the student is receiving are not appropriate and should be discontinued or changed.
