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Appeals are generally used when a student disagrees with a process or decision. For example, if a student has been denied a requested accommodation and would like to challenge the decision, they can do so through the appeal process below. A faculty or staff member who is asked to implement an approved accommodation for a student but has concerns about the accommodation determination or implementation should also utilize the appeal process outlined below. Accommodations approved by LSS must be implemented until a resolution is reached.

Step 1.

If a student disagrees with an accommodation decision, the first step is to attempt to resolve the matter informally with LSS. Individuals who are not comfortable working directly with the LSS staff in the informal process can also connect with the Associate Provost for Academic Support and Accessibility (APASA), who may assign a designee to review the appeal.

If a faculty or staff member is objecting to the implementation of an approved accommodation, they should be prepared to explain the basis for their objection, including why they feel the accommodation would create a fundamental alteration to the curriculum, represent a significant administrative or financial burden, or pose a direct threat to health and safety. For such instances, if the informal process does not resolve the matter, the process outlined on the will be followed.

Step 2.

In instances where a student has not been approved by LSS for a requested accommodation and the informal process has not resolved the issue, the student may submit a written or recorded appeal to the APASA, or designee, no later than twenty (20) business days of notification of the accommodation decision. The appeal should include the reason for the appeal as well as any additional information the student would like to submit regarding the disability-related need for the accommodation. The APASA, or designee, shall meet with the individual within ten (10) business days of the receipt of the appeal.

During the discussion with the APASA, or designee, the individual must establish that they have a disability and provide information sufficient to demonstrate that the requested accommodation is necessary and reasonable in relation to that disability. They will also be given the opportunity to submit any relevant information that was not available when the accommodation decision was made.

The APASA, or designee, will make a decision regarding the individual’s appeal within five (5) business days of meeting with the student. The APASA’s, or designee’s, decision will be in writing and will be sent to the individual using their university email (or email on file). If, through the appeal process, the original accommodation decision is changed, any impacted changes in accommodations will generally go into effect moving forward.

Step 3.

If the student still feels the issue is not resolved, the student may then file an appeal with the Provost within ten (10) business days of the APASA’s determination. The decision of the Provost and Vice President of Academic Affairs (Provost) is the university’s final determination on the matter.

In order to appeal at this level, the student must provide the Provost with:

• New information that was not provided during the previous appeal process, or
• Information that the individual believes shows they were not provided with due process by the APASA, or designee.

The Provost will review and address the matter. In undertaking a review of the appeal, the Provost may interview, consult with, and/or request a written response to the issues raised in the appeal from any individual they believe to have relevant information.

The Provost will make a decision regarding the student’s appeal within seven (7) business days. The Provost’s decision will be in writing and will be sent via email. If through the appeal process an accommodation is granted, any impacted changes in accommodations will generally go into effect moving forward. Should additional time be necessary, the Provost will notify the student and the APASA in writing.

Retaliation against any individual for filing an appeal or exercising rights protected under the ADA or Section 504 is prohibited.

Step 1.

LSS and the individual will attempt to resolve the matter informally. Individuals who are not comfortable working directly with the LSS office staff in the informal process can also connect with the APASA, who may assign a designee to review the matter.

Step 2.

Grievance matters that cannot be resolved through the informal process will be directed to the APASA for review. The individual shall submit a written or recorded complaint within 180 calendar days of the alleged incident.

Upon receipt of a grievance, the APASA, or designee, will conduct an initial review of the grievance, provide the individual with a process overview within seven (7) business days, and may convene a committee of faculty and staff with relevant expertise to review the matter. When a committee is convened, the APASA, or designee, will strive to ensure that all individuals responsible for reviewing a grievance are free from bias, present no conflicts of interest, and have no prior involvement that could reasonably compromise impartiality.

As part of the review process, any individuals with relevant information may be asked to provide documentation, statements, or other information related to the grievance. The review will include consideration of all relevant facts and circumstances.

All members involved in the grievance process will make reasonable efforts to protect the privacy of all individuals involved. Information shared with the review committee will be limited to what is necessary to evaluate the grievance. Identifying information will be redacted or otherwise minimized whenever feasible and consistent with conducting a thorough review.

Acting in an advisory capacity, the committee will provide a summary of findings including any recommendations to the APASA, or designee, for review. The APASA, or designee, will make a determination and provide a written decision, including a summary of the findings and the basis for the decision, within a reasonable timeframe, generally twenty (20) business days of receipt of the grievance unless circumstances require additional time. The written determination will include information regarding any corrective actions, remedies, or other measures deemed appropriate.

Step 3.

If the individual disagrees with the determination, they may submit a final written or recorded appeal to the Provost within ten (10) business days of receiving the decision for a final internal disposition of the case.

In order to appeal at this level, the individual must provide

• New information that was not provided to the APASA, or designee, during the previous step, or
• Information that the individual believes shows they were not provided with due process.

The Provost will review the matter and issue a final written decision within ten (10) business days of receiving the appeal unless circumstances require additional time. The Provost's decision shall constitute the institution's final resolution of the grievance.

Retaliation against any individual for filing a grievance, participating in an investigation, or exercising rights protected under the ADA or Section 504 is prohibited.