Intent:
To ensure students who are seeking or are registered with Disability Services (DDS) are provided a prompt and equitable opportunity to appeal and resolve conflicts pertaining to the determination of eligibility for and/or provisions of DDS accommodations and support services informally.
To ensure that employees are provided a timely opportunity to resolve conflicts informally when they believe that approved DDS accommodations are not reasonable and/or fundamentally alter the nature of the course or university program or activity.
Accountability:
The director of DDS and all DDS professional staff, the ADA/504 coordinator and students with disabilities requesting DDS accommodations and support services.
Applicability: Students enrolled full or part time at Monmouth University and registered with the Department of Disability Services (DDS).
These guidelines and procedures are intended to address conflicts pertaining to the provisions or denial of DDS accommodations and support services, either by DDS, MU faculty or staff. However, they are not intended to supersede University policies, procedures or legal mandates established for any individual who explicitly or implicitly reports acts of disability harassment or discrimination.
Procedure:
Individuals may decide to place a formal complaint with the University ADA/504 coordinator or externally with The U.S. Department of Education’s Office for Civil Rights. However, because most concerns can be resolved informally and promptly through communication and education regarding the DDS accommodation process and federal guidelines, it is recommended that individuals first begin by working together with DDS to resolve their concerns. This process is not intended for grades or concerns not related to DDS accommodations.
It is important to report concerns in a timely manner. The recommended time frame is within 5 business days of an incident. In order to have a valid grievance with a faculty member for not providing DDS approved accommodations, students must have initially completed a semester request for a course. For a non-academic department, the student must have informed the non-academic department staff in writing for their need of an accommodation. The nature of the student’s disability should not be included in the communication.
Decisions regarding DDS accommodations and support services are determined on a case-by-case basis using various methods to identify student status for the purpose of receiving DDS accommodation and services. These methods include, but are not limited to, the interactive process between DDS staff and students, the students’ self-report, and additional sources and forms of documentation of disability.
Specific procedures follow for a) Student concerns or grievances with DDS for not providing requested accommodations; b) Student concerns or grievances with faculty; c) Faculty concerns with approved accommodations; and d) student concerns or grievances with non-academic departments for not providing requested accommodations.
Student concerns or grievances with DDS for not providing requested accommodations
Students shall be made aware of the following guidelines and responsibilities that may influence the ability of DDS to provide requested accommodations:
- Students must meet legal guidelines for being a person with a disability in order to be granted DDS accommodations and support services.
- Under federal and state guidelines of the ADA and NJ Law Against Discrimination, DDS is not required to provide students with disabilities accommodations or support services that are not reasonable or would result in a fundamental alteration in the nature of a service, program, or activity, or that would result in undue financial or administrative burden for the university, or cause harm to others.
- Although DDS will first attempt to provide the student with a preferred accommodation when reasonable, DDS may determine a reasonable alternative accommodation for the student after engaging in the interactive process.
If a student still has a concern or grievance with DDS for not providing requested accommodations, they may address the grievance by completing the following procedures within the recommended time frame of five (5) business days of the date of the incident or sooner:
- Complete and submit the Grievance Resolution Form found online at the following link: Grievance Form
- A DDS administrator will contact the student within five (5) business days, or earlier, to initiate the interactive process and attempt to resolve the grievance.
- Students who do not feel able to address the issue directly with DDS may contact the ADA/504 coordinator.
Student concerns or grievances with faculty
Students who have a concern regarding the provision of DDS accommodations listed on their Semester Requests or any other disability-related access concerns may address the grievance by completing the following procedures within a recommended time frame of five (5) business days of the date of an incident or sooner:
- Complete and submit the Grievance Resolution.
- It is recommended that students select the option first to attempt to resolve the issue directly with faculty and then notify DDS of the outcome.
- Students who do not feel able to address the issue directly with faculty may select the option to request that DDS facilitate a resolution with both the student and faculty member. After submitting the form, the student will be contacted by DDS to schedule an appointment with a DDS administrator. The assigned DDS administrator will then work with the faculty and student to resolve the grievance in a timely manner and may also have a need to contact the department chair, dean and/or the ADA/504 coordinator for guidance and resolution.
If the issue cannot be resolved by DDS, both the student and DDS will contact the campus ADA/504 coordinator.
Faculty concerns with approved accommodations
The following procedure is designed for faculty to address conflicts or concerns with an approved DDS student accommodation; such concerns generally arise when faculty believe such accommodations are not reasonable and/or fundamentally alter the nature of the course.
Faculty shall complete and submit the Grievance Resolution Form as early as possible in the semester in order to provide adequate time to address the situation and make adjustments if needed.
- Faculty shall continue to provide the approved DDS accommodation until the matter is resolved.
- A DDS administrator (director or assistant director) shall contact the faculty member within 3-5 business days from the date the Grievance Resolution form was submitted, or earlier, to schedule a discussion and attempt to resolve the situation.
If the discussion does not produce a resolution, DDS Administrators or designee shall schedule a follow-up meeting(s) in a timely manner. Appropriate membership at these meeting(s) may include members of the Faculty Advisory Committee, the faculty member, program chair and/or dean, and the DDS director or designee.
Student concerns or grievances with non-academic staff
Students who have a concern regarding the provision of DDS accommodations or any other disability-related access concerns may address the grievance by completing the following procedures within a recommended time frame of five (5) business days of the date of an incident or sooner:
- Complete and submit the Grievance Resolution Form.
- It is recommended that students select the option first to attempt to resolve the issue directly with faculty and then notify DDS of the outcome.
- Students who do not feel able to address the issue directly with staff may select the option to request that DDS facilitate a resolution with both the student and staff member. After submitting the form, the student will be contacted by DDS to schedule an appointment with a DDS administrator. The assigned DDS administrator will then work with the faculty and staff member to resolve the grievance in a timely manner and may also have a need to contact the ADA/504 coordinator for guidance and resolution.
If the issue cannot be resolved by DDS, both the student and DDS will contact the campus ADA/504 coordinator.