Student Disability Accommodation Grievance Procedure

Student Disability Accommodation Grievance Procedure 

Eligibility for disability accommodations for students is determined through an interactive process between the individual student and the Center for Accessibility Resources and Disability Services (CARDS). Documentation supplied by a licensed clinician must include recommendations for disability accommodations. The recommendations made by clinicians are weighed in determining accommodations, but are not binding in nature. CARDS reserves the right to evaluate recommendations made by a clinician when granting disability accommodation requests. Disagreement with recommendations provided by licensed clinicians may be due to many factors, including, but not limited to, differences in learning environments; lack of direct application between the student’s disability accommodation request and the licensed clinician’s recommendation; and inappropriate use of the term “accommodation.” If eligibility for an academic or housing accommodation is denied, the student may seek an appeal of that determination. Appeals can be resolved informally or formally using the process described below.

This process and procedure is designed to provide students with a protocol for seeking review of the following:  (i) an accommodation determination, and (ii) the manner in which an accommodation granted to a student is implemented. A student should raise their concern as promptly as possible to CARDS so that it can be addressed and resolved quickly. In general, a concern should be raised during the semester it arises or within 90 days of the occurrence of the issue. 

Disability Grievance Procedure

STEP ONE:  INFORMAL REPORT

A student who wishes to raise an issue should promptly meet with a staff member at CARDS to seek an informal resolution of the issue. A student should provide as many details and specifics as possible to assist CARDS in understanding the problem and achieving a prompt resolution. If no reasonable informal solution is achieved, the student can file a formal complaint. A student who wishes to file a formal complaint may do so in writing within ten calendar days of notifying CARDS that the informal report process has not resolved the problem. 

STEP TWO:  FORMAL GRIEVANCE

The grievance should include all relevant details and any pertinent documents or materials and should be submitted to the Director of Accessibility Resources and Disability Services. Depending on the nature of the grievance and relevant circumstances, Barnard will designate a College official(s) to review and determine the grievance. The purpose of the review is to determine whether or not there is substantial evidence to support the grievance and, if there is, what resolution would correct the situation. Information and documentation relevant to the matter may be requested from the involved parties, and the student filing the grievance will have an opportunity to be heard in person if requested. The College official(s) reviewing the matter will then make a determination. The determination and a brief written summary for the basis of the determination should be provided to the student at the conclusion. Generally, the process should not take more than 30 days to determine.

FINAL STEP:  APPEAL OF FORMAL GRIEVANCE DETERMINATION

A student may appeal the determination of a formal grievance to the Dean of the College, or designee, after a formal review is conducted. Such appeal will be in writing and given to the Dean of the College within ten calendar days of the determination of the formal grievance. An appeal is permitted when there is evidence that is new information that was not available previously to be considered, or where there was a material procedural error in how the grievance was processed. The appeal should state the reasons supporting the appeal. The Dean of the College may designate a committee to handle the appeal. A decision on appeal is final.

RIGHTS OF STUDENTS

A student who makes use of the appeal procedure will not be retaliated against for doing so. In the event that the student feels that a grievance has to be initiated with someone other than CARDS due to a potential conflict, the student should feel free to initiate the grievance with the Director for Nondiscrimination and Title IX Coordinator.

ADDITIONAL PROCEDURES

In the event that a student believes that they have been treated in a discriminatory or biased manner due to a disability or the perception of a disability, they may file a complaint under the Barnard Policy Against Discrimination and Harassment. 

EXTERNAL GRIEVANCES

A student has the right to file a grievance with the Office of Civil Rights no later than 180 days from the time the incident occurred.