Grievance Policy
Anderson University Procedures for Appealing Accommodation Determinations and Implementation
Context:
- Under 34 C.F.R. § 104.7(a), any recipient of federal funds employing 15 or more people must designate at least one person to coordinate compliance with Section 504.
- This coordinator is responsible for managing grievance procedures, ensuring reasonable accommodations, and acting as the central point for disability rights compliance.
Scope
Anderson University responds to student accommodation requests by providing reasonable accommodations for qualified individuals with disabilities through a deliberative, interactive process according to the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act.
The following procedures were designed to provide an appeals process when students raise concerns regarding accommodations denials or implementation, and to comply with the Americans with Disabilities Act (“ADA”)/Section 504’s mandate to “provide for prompt and equitable resolution of complaints alleging any action prohibited” by ADA or Section 504. If an individual has been denied an accommodation that they requested and would like to appeal the denial, the individual may file an appeal through this process. In the instance that an individual believes an accommodation is not being implemented effectively, they may also use this process to address the concern.
Participation in this process does not release a student from their obligation to fulfill all academic and/or university requirements.
Anderson University will make appropriate arrangements to ensure that individuals with a disability are provided other reasonable accommodations if needed, to participate in this grievance process.
Student Process
In the instance of either a denial of or concern regarding the implementation of an accommodation, students are encouraged to speak with faculty members and other staff whom they believe have not implemented their accommodations effectively. Informal and open conversation is often effective at addressing concerns. Students are not required to share medical or mental health information or disclose their underlying disability as a part of these discussions.
Informal Resolution Concerning Accommodation Implementation
When conversations with faculty or staff fail to address a student’s concerns, a student wishing to address a concern regarding the implementation of an accommodation must submit a written request to the Dean of the Center for Student Success within ten (10) business days of the discovery of the accommodations concern. The written request should include:
- Student’s name and University ID number
- Description of the accommodation not being implemented effectively
- Explanation of why they believe the accommodation(s) is not being implemented effectively
- Desired outcome
The Dean of the Center for Student Success or designee may ask for additional information from the student related to the accommodation implementation. The Dean or designee will utilize this information to determine if the accommodation is being implemented effectively, and if not, will effect a course of action to correct the accommodation implementation. Additionally, the Dean or designee may engage in an interactive process to determine if additional or other reasonable accommodations may be necessary. Students will receive written responses from the Dean or designee regarding whether the Dean or designee determines the accommodations are being implemented effectively or if further actions will be taken generally within ten (10) business days of the request for informal resolution.
Informal Resolution Concerning Accommodation Determination
In addition to implementation concerns, students may have concerns that an accommodation request is denied, in whole or part, or they may wish to dispute an alternative accommodation provided by the University. A student wishing to appeal an accommodation determination informally must submit a written request to the Dean of Center for Student Success (CSS) within ten (10) business days of the denial. The request should include:
- Student’s name, address, and University ID number
- Description of the concern regarding the accommodation determination
- Explanation of why they believe an alternative or requested accommodation(s) should be considered reasonable
- Additional supporting information
- Desired outcome
The Dean of the Center for Student Success or their designee from the CSS staff may request to meet with the student to discuss the concerns about the accommodation determination. The Dean or their designee may also request additional documentation from the student or consult with medical or mental health professionals (including those on campus) for the limited purpose of assessing the need for the requested accommodation. Review processes are conducted as quickly as possible. Students will receive written responses from the Dean of CSS or a designee upholding or amending accommodations decisions generally within ten (10) business days of the request for informal resolution.
Formal Accommodation Appeal Resolution
If the CSS informal resolution processes above do not resolve the student’s concerns, the student may submit a written complaint to the Associate Vice President for Student Development or their designee by no later than ten (10) business days from the conclusion of the informal process (date of receipt of the Dean’s decision). The complaint shall include:
- Student’s name, address, and University ID number
- Description of the accommodations denial, determination, or implementation concerns
- A copy of the accommodation decision or notification letter
- Explanation of why they believe an alternative accommodation(s) should be considered reasonable or their implementation concerns have not been addressed appropriately
- Additional supporting information
- Desired outcome
Complaint Review
The AVP for Student Development or a designee will investigate the complaint. The investigation will include a meeting with the student within ten (10) business days (this time may be extended for extenuating circumstances) of receipt of the complaint.
If the appeal relates to an accommodation determination, during the meeting with the AVP for Student Development or designee, the student should be prepared to explain why the denied accommodation is needed to address how their disability currently impacts them at Anderson University. The explanation should be relevant to the current situation, as having received an accommodation from a previous institution or in the K-12 system is not in itself a sufficient basis for reversal or change of implementation.
As part of the investigation, the AVP for Student Development/Dean of Students, or designee, may consult with appropriate individuals, including but not limited to the employee who made the decision or who has allegedly failed to implement the accommodation appropriately, the student’s evaluator or medical or mental health professionals (including those on campus) for the limited purpose of assessing the need for the requested accommodation. The AVP for Student Development or designee will communicate the decision upholding or amending the original decision or taking other additional action in writing to the individual who appealed within ten (10) business days (this time may be extended for extenuating circumstances). The Associate Vice President’s decision is final.
If through the appeal process an additional accommodation is granted, then the accommodation will be granted moving forward as outlined in the decision letter. Accommodations are not retroactive.
Records Retention
Student records used in this process, including but not limited to appeal letters, supporting documentation, and outcome letters will be maintained in the student’s confidential file consistent with the CSS records retention policy.
Discrimination Complaint
Individuals who believe they were discriminated against during this process or otherwise at Anderson University should file a complaint according to Anderson University’s Policy and Procedure Against General Harassment and Discrimination. Filing an informal or formal appeal through this procedure does not prevent the individual from filing a complaint through the Department of Education’s Office of Civil Rights:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172