Accommodation Appeal and Grievance Process

The Office for Student Accessibility engages with every student requesting accommodations to determine whether to grant the accommodations as requested or to propose alternative reasonable accommodations. Students with disabilities who have followed published procedures for requesting accommodations and have done so in a timely manner, but who believe they have not been granted reasonable accommodations, or who believe that approved accommodations have not been appropriately implemented, or students who requested accommodation(s) but were denied may file an appeal as outlined below. The goal is to resolve concerns quickly and at the lowest level. During this appeal any academic accommodations or services that have been approved and put into place will continue uninterrupted.

Student who would have concerns about a faculty/staff member denying approved accommodations, are encouraged to informally contact the Director of Student Accessibility. In the event, that such difficulties cannot be resolved informally, students may file a grievance by following the NKU Student Complaints and Appeals Process through the Office for Student Conduct, Rights and Advocacy.

Faculty members that have concerns about the assigned accommodations for a student, please contact the Office for Student Accessibility as soon as possible to discuss those concerns. University policy requires that the assigned accommodation be provided until such time as it is altered through mutual understanding reached through this interactive process. If an agreement cannot be reached at the informal level, please refer to the Faculty Handbook on formal grievance procedures.

Students who believe they have been subject to discrimination or harassment based upon a disability, should report such conduct to the university’s ADA Coordinator.

The Office for Student Accessibility Appeal Policy does not supersede or replace other University policies and procedures (grade appeal, Student Conduct policy, etc.). University policy prohibits retaliatory action towards anyone as a result of filing an appeal or grievance.

Accommodation Appeals Process:

Informal Appeals Process

Assistant Director, Office for Student Accessibility – Students with disabilities should first submit a written notice to the Assistant Director of Student Accessibility, with any additional documentation supporting the student’s position, such as additional disability documentation. The appeal should be submitted as soon as possible after the decision/event which is leading to the appeal. Delay in doing so may limit the investigation into the matter and what remedies may be available.

The Assistant Director may consult with the appropriate university personnel, and external experts, depending on the nature and scope of the complaint. The Assistant Director will review the request, any related documentation, and will engage in an interactive process to attempt to resolve the disagreement. If the student is satisfied with the outcome of this process, the appeal ends here. Most disability-related issues or complaints about accommodations, services, faculty, other campus departments, programs, or facilities are generally resolved at this level.

However, if a resolution is not reached, the student may proceed to step two.

Formal Appeals Process

1. Director, Office for Student Accessibility – The student shall file a written formal appeal to the Director of Student Accessibility within 15 business days following the final outcome of step one. The Director of Student Accessibility will review the student’s written appeal, any related documentation, consult with relevant parties, and may meet with the student at the Director’s discretion. The following information must be included in the written appeal:

a. A detailed description of the complaint;
b. Any supporting documentation for the complaint and/or appeal; and,
c. Resolution sought by the student.

The Director will notify the student, in writing, of their decision within 15 business days following receipt of the written appeal. The response time may be extended for good cause and only after notifying the student of the extension in writing. Resolution of the presented issue may be reached at this level. However, if a resolution is not reached, the student may proceed to step three.

2. ADA Coordinator – The student shall file a written formal appeal within 15 business days following the final outcome of step two to the university’s ADA Coordinator. The ADA Coordinator will review the student’s written appeal, which may include consulting with the student at the Coordinator’s discretion. The following information must be included in the written appeal:

a. A detailed description of the original complaint and the appeal;
b. Any supporting documentation for the complaint and/or appeal;
c. Resolution sought by the student; and
d. The written response from the Director of OSA from step two.

The ADA Coordinator may consult with the appropriate university personnel, and external experts, depending on the nature and scope of the complaint. The ADA Coordinator will evaluate the request and determine an appropriate resolution. The ADA Coordinator will notify the student, in writing, of their decision regarding the appeal within 15 business days following receipt of the written appeal. The response time may be extended for good cause and only after notifying the student of the extension in writing. The decision of the ADA Coordinator is final, and those accommodations will be provided promptly. There are no further appeals available within the university process.

External Complaint – Although university personnel will make every good faith effort to resolve accommodation issues within the university appeal process, the student has the right to file any grievance to the Federal Office of Civil Rights or another state/local civil rights office.