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Office of Ethics, Compliance,
and Risk

 

Disability Accommodation Petition Procedure

In the event an individual disagrees with any determination under the Disability Policy (for example, whether an individual has a disability, whether documentation provided is adequate, or when a requested accommodation is denied), the individual should first attempt to resolve their concerns by initiating a review of the determination. The Director of DSS is the individual by whom all student concerns will be reviewed initially. The Vice President and Chief People Officer is the individual by whom all employee (including both faculty and staff) concerns will be reviewed initially. Contact information for the respective reviewer can be found in the Disability Policy. An individual should initiate a review by the Director of DSS or the Vice President and Chief People Officer, respectively, within five (5) business days of the original determination. If the decision of an initial reexamination by the Director of DSS or Vice President and Chief People Officer is to uphold the original determination, the individual may file a petition. Conversely, if the Director of DSS or the Vice President and Chief People respectively, was the original decision-maker, the individual is welcome to submit a petition directly

To initiate a petition, the individual must submit a written notice of the petition within ten (10) business days of the determination by the Director of DSS or Vice President and Chief People Officer, respectively to the university’s Section 504 Coordinator or their designee that is being challenged, unless an extension for good cause is granted. Such requests for an extension will be granted at the discretion of the Section 504 Coordinator or their designee. Petitions should be submitted through the Disability Accommodation Petition Procedure Form. The notice must include the name and email address of the individual bringing the grievance; the basis for the grievance, including a full description of the surrounding circumstances; the remedy or relief sought; and any supporting information. Upon receipt, the materials will be promptly reviewed by the Section 504 Coordinator and/or a Petition Panel designated by the Accessibility Committee. Any necessary and appropriate investigation may be undertaken to determine whether applicable procedures were followed. The Section 504 Coordinator or their designee will provide the individual with an opportunity to provide any relevant information. 

The review by the Section 504 Coordinator or the designee will be based on the following criteria: 

  • There was a material deviation from the procedures that affected the outcome of the matter. For the purposes of these Procedures, a material deviation is a deviation critical enough to have affected the outcome of the process.
  • The original decision-maker had a conflict of interest that materially affected the outcome of the matter.

A written determination will be provided to the individual, typically within thirty (30) business days. The Section 504 Coordinator or designee may take additional time in individual cases depending on the circumstances involved, the complexity of the case, and other factors. The Section 504 Coordinator or designee will notify the individual in writing if additional time is needed. The decision of the Section 504 Coordinator or designee is final and cannot be further appealed. 

This Petition Procedure is not intended to supersede the university’s Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy. An individual or the university may invoke that policy to address concerns that fall under its purview. Further, nothing in this Procedure is intended to supersede any rights assured under the Faculty Code or any applicable collective bargaining agreement. In cases where a conflict may arise, those documents will prevail.

Retaliation against an individual who files a petition in good faith, or who cooperates in the review or resolution process of a petition, is strictly prohibited.