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Student Policy and Procedures For Resolving University 504/ADA Accommodation Disputes

Introduction

It is the policy of California Polytechnic State University that "otherwise qualified" students who have disabilities shall have access to academic adjustments and auxiliary aids necessary to accommodate functional limitations (resulting from verified disabilities) impairing one or more major life activities. Accommodations are generally determined on an individual basis. This document describes the remedies available to students in the event that there is a dispute regarding the appropriateness of a particular student accommodation. Every effort will be made to resolve the dispute as expeditiously as possible. During the time that the accommodation is under review, the Disability Resource Center recommendation for accommodation will remain in effect. The following procedures have been developed in response to Section 504 of the Federal Rehabilitation Act of 1973, the Americans with Disabilities Act, State of California ACR 201 (1976), ACR 3 (1985), AB 746 (1987), and the "Policy for the Provision of Services to Students with Disabilities," coded memorandum AAES 89-07, The California State University System.

Informal Resolution Procedures

Students, faculty or staff should attempt to resolve disputes informally with either the party alleged to have committed the violation, and/or with the head of the department or unit in which the alleged violation occurred, or the Senior Associate Vice President Student Affairs/Dean of Students. Experience has shown that the majority of complaints can be effectively resolved through the informal process. In the interest of efficiency all complainants are encouraged to resolve disputes via these informal processes when possible. The Senior Associate Vice President Student Affairs/Dean of Students and the Disability Resource Center are available to provide advisory, mediation, and conciliation services to students raising such complaints.

Disability Resource Center GRIEVANCE Procedure

The Disability Resource Center (“DRC”) GRIEVANCE Procedure can be initiated by students who are dissatisfied with the DRC Director’s Accommodation APPEAL Review Process determination.  

Level 1 Review/(Informal) 

The Senior Associate Vice President Student Affairs/Dean of Students will review the accommodation request and the accommodation appeal with supporting documentation, as pertinent.  As appropriate, additional persons/resources may be consulted, such as Counseling Services or Health Center clinical staff. Usually, a resolution can be made at this level.  If the appeal involves support service providers or faculty members, students shall describe the accommodation provided and the concerns regarding the support service provider and/or faculty member.  The Senior Associate Vice President Student Affairs/Dean of Students will make a determination as to the grievance within ten (10) working days of receiving the Level 1 Review request.

Kathleen McMahon, Ed D.
Senior Associate Vice President Student Affairs/Dean of Students
Building 81, Room 5
Phone: 805-756-5105
kmcmah02@calpoly.edu 

Level 2 Review/(Formal)

If a resolution cannot be made at the Level 1 Review, the student may file a Level 2 Review request with the Director of Equal Opportunity and Title IX Coordinator designee for receipt of such grievances as the designated Americans with Disabilities Act (ADA) Compliance Officer.  This person will make a final determination within fifteen (15) working days of receiving the Level 2 Review request.

Maren Hufton, J.D.
Director of Equal Opportunity and Title IX Coordinator
Fisher Science, Building 33 Room 290
Phone: 805-756-1400
mhufton@calpoly.edu

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Contact

Location: Bldg 124 (Student Services, across from Spanos Stadium)
Phone: 805-756-1395
Fax: 805-756-5451
Email: drc@calpoly.edu

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