Student Role and Accommodation Process
The determination and approval of reasonable accommodations for the majority of students, including special students enrolled in credit courses, occurs through the McBurney Disability Resource Center. Accommodations for students in non-credit courses are approved through the Division of Continuing Studies.
- Students are asked to communicate with their faculty during the beginning of the semester or term (or as soon after being approved) to review their approved accommodations and how they will be implemented. Students are expected to give faculty ample notification so accommodations may be timely implemented.
- Students should not expect accommodations to be retroactively applied to course assessments or materials for which due dates have passed.
Faculty/Instructional Personnel Role
- Faculty will be notified of approved accommodations through an accommodation plan.
- If necessary, faculty may reach out to students to discuss implementation of their accommodations after receiving accommodation notification.
- Students who request accommodations directly to faculty may be referred to the McBurney Disability Resource Center (or Division of Continuing Studies as appropriate).
- Faculty are responsible for timely implementation of accommodations and may share accommodation information with others legitimately involved in accommodation implementation such as a teaching assistant or course coordinator.
- Faculty are not required to retroactively implement accommodations for course assessments or materials for which due dates have passed.
- Faculty who are uncertain about or disagree with an accommodation or believe an accommodation poses an undue burden to the university must consult with the McBurney Disability Resource Center even if the accommodation was approved by the Division of Continuing Studies. The McBurney Disability Resource Center will provide guidance.
Division of Continuing Studies Role
- The Division of Continuing Studies is responsible for timely review and response to an accommodation request. The Division of Continuing Studies may not request medical documentation to conduct disability determination but instead may confer as needed with the McBurney Disability Resource Center, which may request medical documentation as appropriate.
- The Division of Continuing Studies must consult with the McBurney Disability Resource Center prior to denying an accommodation request.
- The Division of Continuing Studies must notify faculty of approved accommodations in writing.
Appeal Rights
Students who have been denied an accommodation have appeal rights as follows:
- Students denied an accommodation through the McBurney Disability Resource Center or Division of Continuing Studies may initially attempt to resolve matters by contacting the McBurney Disability Resource Center to discuss the nature of the complaint, factors to consider as part of the interactive process, and whether an alternative resolution process with the program that denied the accommodation could be engaged. Often, an alternative resolution process is sufficient to address the accommodation concern.
- Students may file an appeal with the ADA Coordinator in the Office of Compliance, and must do so, in writing, within 30-calendar days from the date of accommodation denial regardless or notwithstanding attempts to resolve matters through an alternative resolution process. Further information about the appeal process and timely filing is available through the Office of Compliance.
Non-retaliation
It is against UW System Board of Regent Policy 14-6 and federal and state laws to retaliate against a student requesting a reasonable accommodation in terms of their opportunities to enjoy equal terms, benefits, privileges, or conditions of the University’s programs, including social, academic, or recreational activities.
Confidentiality
A student’s affiliation with the McBurney Disability Resource Center or their disability status, medical information, and accommodations, whether issued through the McBurney Disability Resource Center or another unit, are protected under the Family Educational Rights and Privacy Act (FERPA). Faculty should keep this information strictly confidential unless there are legitimate concerns about a student’s wellbeing or there is a legitimate educational interest or need to know, such as sharing with a teaching assistant responsible for the implementation of an accommodation. For further information about confidentiality, contact the McBurney Disability Resource Center or the Office of the Registrar.
Consequence for Non-Compliance
- Non-compliance with the Americans with Disabilities Act (ADA), including the ADA Amendments Act of 2008, may result in monetary damages.
- Non-compliance with Section 504 of the Rehabilitation Act, as amended, may result in loss of federal funding as determined by the U.S. Department of Education’s Office for Civil Rights.
