Accommodations for Students with Disabilities Grievance Policy

Policy Number: #200

Responsible Executive(s):

  • Provost

Responsible Office(s):

  • Office of Student Disability Services

Date Adopted: 07-01-2019

Date Revised: 06-22-2021

Policy

This policy applies to requests for accommodations made by students.

This policy does not apply to requests for accommodations made by university employees. Employees with concerns about the requests for accommodation should contact the Associate Vice President of Human Resources, 303.458.4197, 3333 Regis Blvd., K-4, Denver, CO 80221, Denver, Colorado.

While the grievance process is ongoing, all parties are expected to continue with the accommodations process as outlined in the original determination until the process is complete.

If a student believes that an action of Regis University regarding a request for an accommodation due to a disability violates the student’s rights, the student may file a complaint through the following procedures:

  1. Accommodation complaints can include a determination whether the student does or does not have a disability and decisions to provide or not provide academic adjustments such as accommodated and extended time testing procedures, books in alternative formats, note taker accommodations, adaptive equipment, interpreter services, service animals/ emotional support animals and access to facilities (“Accommodation Complaints”). Accommodation Complaints are covered by this Grievance Policy.
  2. Complaints of alleged discrimination on the basis of a disability, such as discrimination, harassment or retaliation (“Complaints of Discrimination”) are not covered by this Grievance Policy and should be filed with the EO and Title IX Coordinator under the Regis University Nondiscrimination & Sexual Misconduct If a complaint concerns both Accommodation Complaints and Complaints of Discrimination, the investigation will be conducted under the University’s Nondiscrimination & Sexual Misconduct Policy, but the elements and timeframe for filing an Accommodation Complaint will be governed by this Grievance Policy.
  3. Accommodation Complaints should always be resolved at the lowest level possible. Therefore, the student should make reasonable efforts to achieve a resolution by discussing the issue with the Student Disability Services’ employee member most familiar with the situation. Often a resolution can be achieved by making an appointment with the staff member and honestly and specifically communicating concerns or
  4. If the Student feels that a satisfactory resolution has not been achieved, then they should then make an appointment to discuss the matter with the Director of Student Disability Services. The complainant should be prepared to share the following with the Director during the meeting:
     
    • the nature of the concern,
    • relevant dates,
    • information about attempts to resolve the complaint,
    • outcomes of the attempts to resolve the

    If all reasonable efforts to resolve a complaint informally fail, the complainant may file a formal grievance using this policy.

  5. An Accommodation Complaint is filed by sending it to:
    EO and Title IX Coordinator (“Coordinator”), Regis University
    Kassandra Alberico
    3333 Regis Boulevard
    Denver, CO 80221

    Main Hall 133
    303.964.6435
    kalberico@regis.edu

  6. An Accommodation Complaint should be filed promptly, within five (5) days of meeting with the Director of Student Disability Services. The Accommodation Complaint should provide as much detail as possible, including supporting documentation and specify the factual basis for the complaint including when it occurred, whom took the action and why the action was improper. The University encourages reports to be made in good faith, even if incomplete or erroneous, but will not tolerate intentional or malicious false reporting.
  7. After receiving an Accommodation Complaint, the Coordinator or designee may request additional information and may elect to conduct a preliminary inquiry to determine whether there is reasonable suspicion that the allegations, if found to be true, would be a violation of the student’s rights under the Rehabilitation Act. During the preliminary inquiry, the Coordinator or designee may meet with witnesses, receive statements from the complainant(s), respondent(s) and/or other witnesses, and gather information regarding the allegations. The Coordinator will decide if the matter can be resolved by a preliminary inquiry or whether to proceed with an investigation.
  8. If an investigation is deemed to be appropriate, the Coordinator or designee shall advise the Complainant and Respondent of the allegations being investigated in writing and conduct the investigation. The investigation process is determined by the complainant and the person(s) against whom the allegation(s) of discrimination have been made, and their respective witnesses, may submit information and documentation regarding the complaint allegations to the investigator. The investigator has the discretion to determine if a witness has relevant information.
  9. The parties and witnesses may not be represented by an advisor or legal counsel during an inquiry or investigation.
  10. The investigation’s findings shall be based on the preponderance of evidence standard of proof.
  11. Upon completion of the investigation, the Coordinator or designee shall issue a written decision to the complainant and respondent, typically within forty-five (45) workdays of the receipt of the complaint.
  12. Retaliation against a person who files a complaint under this grievance policy, participates in an investigation as a party or witness, or opposes a discriminatory education practice or policy is prohibited under University policy, and by state and federal Any allegation of retaliation shall be subject to this Grievance Policy.