Title II of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act (1973) were intended to prevent discrimination against individuals with disabilities. They provide that:
"No otherwise qualified person with a disability in the United States…shall, solely by reason of…disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by a public entity" (i.e., the University of Colorado Denver).
In addition to the non-discrimination requirement, public entities must adopt and publish a student grievance procedure, which is an internal course of action that provides for timely and equitable resolution of complaints alleging a violation of U.S. Department of Justice regulations related to the implementation of Title II of the Americans with Disabilities Act (1990) or Section 504 of the Rehabilitation Act (1973).
Initially, the grievance procedure requirement was met by the general procedures of the University of Colorado Denver for students. In order to directly address complaints specific to disability-related accommodations, the Office of Disability Resources and Services has adopted an internal grievance procedure providing for the equitable resolution, within a reasonable time, of complaints by students with disabilities alleging violation(s) of their rights under the ADA and Section 504 of the Rehabilitation Act.
Grievance Procedure for Student Accommodations
The Office of Disability Resources and Services (DRS) has the responsibility of determining a student’s need for accommodation. This determination is made through a two-part process of an intake interview and reviewing documentation of the disability. If the DRS staff determine a student is eligible for accommodations, the DRS is responsible for coordinating the accommodations.
If the student believes the accommodation(s) provided are not reasonable, the below-listed procedure should be followed. While the following time limits should not be exceeded, the goal of the DRS staff is to accomplish each step as quickly as possible.
- The student needs to schedule a meeting with the DRS staff member who evaluated the original accommodation request and discuss the matter. If an accommodation is related to a specific course, the student’s faculty member may be asked to attend the meeting.
- If the student is not satisfied with the outcome of the meeting, the student should make an appointment to meet with the Director of the Office of Disability Resources & Services within ten (10) working days of the date of the meeting with the DRS staff member. The Director will review the matter, allowing all interested parties an opportunity to submit relevant information, statements and documentation. The Director will make a decision regarding the grievance within ten (10) working days of the meeting with the student and attempt to notify the student immediately. Notice may be written, oral, telephonic or electronic mail.
- If the student is not satisfied with the result of the meeting with the Director, the student can request an ADA Grievance form. This form should be completed and submitted to the ADA Coordinator within ten (10) working days from the date of the student’s receipt of the decision resulting from the meeting with the Director.
- After the ADA Coordinator receives the grievance form, he/she will conduct a review of the student’s grievance. This review may involve meeting with the student, DRS staff, a faculty member and/or other staff members. In filing an appeal with the ADA Coordinator, the student thereby gives the ADA Coordinator permission to review the students documentation and file.
- The ADA Coordinator will make a final decision regarding the ADA grievance within thirty (30) working days of receiving the ADA Grievance form. This decision will be communicated to the student in writing with a copy provided to the Office of Disability Resources and Services and other appropriate college/university staff.
Office of Disability Resources and Services
Ms. Lisa E. McGill, Director
Academic Building 1
1201 Larimer Street,Suite 2116
Denver, CO 80204
Phone: (303) 315-3510
Fax: (303) 315-3515
Human Resources Administration
1380 Lawrence Street, Suite 1050
Campus Box 130
Denver, CO 80217-3364
Phone: (303) 315-2724
Fax: (303) 315-2726