Appeals and Complaints

This procedure places first priority on open, honest communication. No grievance procedure should take the place of negotiating in good faith. A grievance filed under this procedure will be initiated within six months of the alleged accident. The student may withdraw the grievance at any stage, at which point the process will immediately terminate. During all stages of the grievance the burden of proof will be on the student.

Initial assistance with complaints should be an informal process discussed with AEC Specialist, Associate Director, or Director to determine how students can best resolve disagreement with policies, practices or individuals. Resolutions through preventive intervention rather than formal complaints can, in most cases, result in a positive outcome.

Informal Complaint: 

1. Student who has an appeal/complaint regarding determination of disability status, service provision and/or related issues will meet with their Disability Management Specialist as soon as possible in an attempt to resolve the issue. The Disability Management Specialist will present student’s appeal to the AEC Case Team. The Case Team meets each Tuesday of the month, except holidays.
2. If an informal resolution is not reached, the student may request to forward their appeal/complaint to the AEC Director.  The AEC Director will arrange the meeting within 10 working days. The Disability Specialist may attend this meeting at the request of either the student or the Director.
3. The Director will inform the student in writing of the outcome of the interaction no later than 10 working days after the meeting.
4. If AEC Director upholds decision and an informal resolution is not reached, the student may submit a formal complaint within 100 days of the event/action (or the last date of a related series of events/actions), notwithstanding any action taken by the appropriate administrator.

Formal Complaint

A formal complaint may be filed by a student who has been denied services by AEC or is dissatisfied with the services provided.  

Formal complaints must meet one of two criteria:

1. Procedural error occurred that may have impacted the decision, or
2. New evidence exists that was not reasonably available to present at the time of the original decision or informal complaint process.

The decision regarding formal complaints shall be made by a committee of three people appointed by the Associate Vice President overseeing the AEC. The Committee’s review will be to ensure due process was followed and if appropriate, consider new evidence that may affect a student’s requested service or accommodation. 

The AEC Director will notify the student in writing of the Committee’s decision regarding the complaint. The committee's decision will be final.

Submit a Formal Complaint (LINK)

The CSU's Disability Support and Accommodations Policy requires the CSU to provide accommodations and support services to students with disabilities in accordance with the Americans with Disabilities Act Amendments Act and Section 504 of the Rehabilitation Act of 1973 as Amended.   College and universities are required to provide academic adjustments to qualified students with disabilities for equal access, but they are not required to provide accommodations that may result in a fundamental alteration to the nature of a service, program, or activity, or that would result in undue financial or administrative burden.

A "fundamental alteration" is a change that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. 

As part of the interactive process (as outlined in Executive Order 1111), a student’s instructors can object to a recommended accommodation only if it presents a fundamental alteration to the course.

Initial assistance with complaints should be an informal process discussed with the AEC Director (or designee) to determine how compliant can best resolve disagreement with policies, practices or individuals. Resolutions through preventive intervention rather than formal complaints can, in most cases, result in a positive outcome.

Informal Complaint: 

1. Student notifies Disability Management Specialist in-person or in writing of accommodation denial:
   1.1. AEC will request from the instructor, department, and/or program documentation of the essential requirements for the course and the manner in which they provided notice of them to students.
   1.1.1. If the accommodation is determined to cause a fundamental alternation:
   - AEC notifies student of finding 
   - AEC will promptly and diligently search for alternate accommodations in consultation with the faculty member and the student.
   1.1.2. If denial was determined inappropriate:
   - AEC’s Director refers denial to Department Chair or department’s MPP for support in resolving. 
   - If no resolution, AEC convenes Accommodation Review Committee. The committee will render a decision within 15 business days of receiving the complaint.

Formal Complaint: Fundamental Alteration Process
Accommodation Review Committee

AEC Director or designee will gather a committee of objective persons who collectively are knowledgeable about the academic area, any related licensing requirements, any applicable accreditation for the course of study, the student’s disability, and accommodation methods. The committee should not be limited exclusively to individuals from the department that provides the course or program. The committee shall be comprised:

Due to the academic and pedagogical nature of the decision, the AEC representative will serve as an expert and consultant and will not have voting privileges. The Dean shall act as the chair of the committee.

1. Dean of the college or designee for the course in question
2. AEC Director or designee
3. Department chair and
4. A faculty member for the course in question (not the instructor objecting to the accommodation(s))
5. A faculty member from outside of the department
6. A student representative

The committee must: 

• Identify the objective of the requirement, taking into consideration the information provided by the instructor, program or department concerning essential requirements, including curriculum approval or course creation documents.  The committee will ensure that the requirement is based not on tradition or routine practice without a direct connection to essential requirements.
• Consider whether the requirement is consistent with similar programs at other educational institutions, and with relevant national and expert guidelines; and whether there is any unique justification for a requirement that is not generally adopted by other educational institutions.
• Consider information provided by the student relevant to determining whether notice of the essential requirement in question has been provided to the student and whether the accommodation requested by the student would invalidate the objective of the requirement.
• Determine whether the accommodation requested by the student would invalidate the objective of the requirement.  If not, the accommodation will be implemented.

If the requested accommodation would invalidate the objective of the requirement, the committee (or designated members) will promptly and diligently search for alternate accommodations in consultation with the faculty member, AEC, and the student.

The committee must also address the following:

• Are there alternate ways that the student can acquire or demonstrate mastery of the material that would meet the same fundamental objectives of the course or program?
• Have we diligently searched for potential alternatives?
• Have we included all the necessary people in this search?
• Have we identified whether other post-secondary institutions have identified alternatives that achieve the objectives of the College without fundamentally altering requirements?

Decision: 

The committee will render a decision within 15 business days of receiving the complaint. The AEC Director (or designee) will notify the student and faculty of the final decision in writing. The decision will state if the prescribed accommodation was approved or denied, why it was approved or denied, and other accommodations that were considered. The committee's decision will be final.

AEC will consider other accommodation requests should the student make them. 

If a student feels they have been discriminated against due to a disability, they may file a complaint pursuant to the CSU’s Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy). Students can file internally with the Office for Title IX and Equal Opportunity and/or externally with the Office of Civil Rights.