Student Procedures for ADA/504 Grievance Resolution

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  3. Student Procedures for ADA/504 Grievance Resolution

Students with disabilities who believe their disability accommodation request(s) has been improperly assessed, denied and/or believe a granted accommodation(s) has been improperly implemented, have the right to file a grievance with the Center for Disability Access (CDA).

 The following process is designed to help the student, and the CDA reach an understanding of the student’s concern and resolve any differences in a cooperative, respectful and timely manner.

Informal Attempt

  • A student concerned that their disability accommodation request(s) has been improperly assessed, denied and/or believe a granted accommodation(s) has been improperly implemented is encouraged to first attempt to resolve the matter informally by meeting with the initial decision maker (i.e., Center for Disability Access case manager) for reconsideration (see chart below, “Informal Attempt”). The purpose of the meeting is to reach a mutual understanding of the student’s concern and the accommodation issue.
  • The case manager will re-engage in the interactive process (i.e., student intake interview, review of documentation, evidence gathering for specific circumstances) and reissue a determination.
  • It is strongly recommended the student keep a written record/log of all attempts to reach a resolution. The Center for Disability Access will document informal attempts to resolve the student’s concern.

Formal Attempt

  • If no resolution is reached after an informal attempt to resolve, or if the student chooses to bypass the informal attempt, the student may file a formal complaint in writing with the Director of the Center for Disability Access (CDA), to be reviewed by an alternate CDA case manager or designee chosen by the Director (see chart below, “Formal Attempt”). A formal complaint should be submitted as soon as possible, but certainly within a reasonable amount of time, generally no longer than 30 days, after the student identified their concern.
  • The written complaint should be as brief and factual as possible, citing the date/time of occurrence and the precise nature of the concern, along with the hoped-for outcomes or relief. A listing of all meetings in which attempts were made to resolve the problem must also be included.
  • An alternate CDA case manager or designee chosen by the Director will independently evaluate the following, as applicable: The original case manager’s determination, relevant case notes, medical documentation, student self-report, relevant communication between the CDA and the individual(s) implementing the accommodation.
  • The alternate CDA case manager, or designee, will render a decision to the student, in writing, within 10 business days of receipt of the complaint. The decision letter may uphold the original case manager’s accommodation assessment or modify the original case manager’s accommodation assessment. In cases concerning the implementation of accommodations, the decision letter may affirm that the accommodation was appropriately administered or propose remediation of the implementation of the accommodation.

Last Formal Attempt to Resolve/ Appeal

  • If the student is not satisfied with the alternate CDA case manager’s decision, or designee, the student may, within ten (10) business days, submit a written appeal to the Director of the Center for Disability Access, or designee (see chart below, “Last Formal Attempt”).
  • The written request for review must specify the particular substantive and/or procedural basis for the appeal and must be made on grounds other than general dissatisfaction with the proposed disposition. Furthermore, the appeal must be directed only to issues raised in the formal complaint as filed or to procedural errors in the conduct of the grievance procedure itself, and not to new issues.
    • Were the facts and criteria brought to bear on the decision?
    • Were facts or criteria brought to bear that substantially affected the decision to the detriment of the grievant?
    • Were there any procedural irregularities that substantially affected the outcome of the matter to the detriment of the grievant?
    • Given the facts, criteria, and procedures, was the decision a reasonable one?
  • Within thirty (10) business days, the Director of the Center for Disability Access, or designee, will issue a decision to the student and provide a copy to the alternate and original CDA case manager. The decision rendered by the Director of the Center for Disability Access, or designee, is final.
  • The above procedural steps do not limit the student or any of the College community members directly involved with the problem from attempting to informally resolve the matter at any time during the formal complaint process. The time frames detailed above may be adjusted for good cause (i.e., essential individuals and/or information are not readily available)

Contacts

To determine the appropriate contact, reach out to the Center for Disability Access via email cda@ric.edu or call 401-456-2776.

Level of AttemptContact
Informal AttemptOriginal CDA Case Manager
Formal AttemptCDA Director, to be reviewed by an alternate CDA Case Manager, or designee
Last Formal Attempt/ AppealCDA Director, or designee

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