Disability Services Appeals Policy and Process

IF YOU HAVE BEEN DENIED AN APPROVED CSD ACCOMMODATION IN THE CLASSROOM, HOUSING, OR OTHER UNIVERSITY PROGRAM:

If the University, a department, program, or faculty/staff member refuses to provide you an approved CSD accommodation, contact your Disability Services Coordinator immediately to appeal this decision. CSD may recommend that you first have a discussion with the individual regarding the issue or CSD staff will work with you and the faculty member or other UW-W staff to problem solve and mediate a resolution.

• During this appeal process, parties involved may examine and/or discuss the nature of the complaint, factors to consider as part of the interactive process, and whether an alternative resolution process could be engaged.
  • Often, an alternative resolution process is sufficient to address the accommodation concern.

If the issue is not resolved through this initial process, the student can file a written appeal with the Director of the CSD or their designee.

• The written appeal must be filed within 15 business days after attempting to resolve and being denied.
• The review will be based on the information and materials in the student’s file, the Disability Service Coordinator’s findings and recommendations, and the rationale provided by the individual denying the accommodation.
• The Director of CSD (or their designee) may affirm, modify, or reverse the decision of an individual denying the approved accommodation, or – at their discretion – refer the matter to the Department Chair, College Dean, appropriate Director of Services, or the ADA Coordinator.
• The Director of CSD (or their designee) shall notify the student and individual denying the approved accommodation in writing of their decision or referral within 15 business days after the appeal is received.

No one shall engage in retaliation against an appellant as prohibited by the Discrimination, Harassment, and Retaliation Policy, which can be found HERE.

HAS YOUR DISABILITY SERVICES COORDINATOR (DSC) OR ACCOMMODATION REVIEW COMMITTEE DENIED YOUR REQUEST FOR AN ACCOMMODATION?

Students who have been denied an accommodation related to their status as a student (not student employee) may initially attempt to resolve matters by providing additional documentation, evidence, and/or support to the Center for Students with Disabilities (CSD) for review. The student may contact CSD to discuss the nature of the complaint and factors to consider as part of the interactive process for review.  Often this initial review is sufficient to resolve the matter.

Students who have been denied an accommodation by CSD may contact the Vice Chancellor for Student Affairs directly without engaging in the interactive process. However, the Vice Chancellor may refer a student concern back to CSD if the interactive process has not been fully engaged before accepting an appeal request.

If the issue is not resolved through this initial process, the student can file a written appeal with the Director of the CSD.

• The review will be based on the information and materials in the student’s file, the Disability Service Coordinator’s findings and recommendations, and the rationale provided by the individual denying the accommodation.
• The Director of CSD shall notify the student in writing of their decision within 15 business days after the appeal is received. The Director of CSD may affirm, modify, or reverse the decision of the DSC.

When an alternative resolution process is not successful, students may formally appeal an accommodation denial within 15 business days after receipt of the decision from CSD. To do so, the student must address in writing one or more of the following bases for appeal to the Vice Chancellor for Student Affairs:

• Identify the facts in the record that do not support the accommodation denial and explain why those facts warrant a different outcome.
• Identify new facts that were not known and could not have been discovered during the interactive process and state how these new facts would change the analysis and decision.
• Identify how the denial was based on factors prescribed by state or federal law

The student must also identify any other internal university appeals, grievances, or complaints that have been filed related to the same facts.

Students, not their parents or guardians, are expected to be the leading participant during an appeal review and must be present for all discussions.

The Vice Chancellor may affirm, modify, or reverse the decision of the Director of CSD, or refer the matter back to the Director of CSD for further review and decision. It is within the Vice Chancellor’s discretion to decline an appeal review when the student does not provide sufficient information to support any basis for the appeal.

The Vice Chancellor shall notify the student in writing of their decision within 30 days after the appeal is received. The decision of the Vice Chancellor shall be final and not subject to further review at the University level.

No one shall engage in retaliation against an appellant as prohibited by the Discrimination, Harassment, and Retaliation Policy, which can be found HERE.