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Students who wish to appeal the denial of an accommodation must meet with the Director of the Disability Resource Center to clarify the reason for the denial and discuss whether the accommodation can be implemented.

In Preface

Point Loma Nazarene University and the Disability Resource Center are committed to full compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments of 2008.  However, the university provides a process for a student to appeal a policy or decision he or she feels is not in compliance.
 
Students are encouraged to work with the person most directly involved to resolve the matter informally, before beginning a formal process.  If the matter is not resolved informally, students have the right to initiate a formal appeal.
 
The formal appeal must be in writing describing a statement of the complaint, a narrative of the incident, a description of the evidence on which the complaint is based, how it violates Section 504 and/or the ADA, what has already been done to resolve the issue, desired outcomes and any additional supporting documentation.  The written statement must be submitted to the Associate Dean, Student Success and Wellness within 5 school days of the decision/complaint.  The Associate Dean for Student Success and Wellness will notify the appropriate parties in writing with the final decision within 15 school days of receipt of the formal appeal.  The final appeal for decisions is with the Associate Dean for Student Success and Wellness or designee. 

Appeal Procedure

 The ADA and Section 504 require that all programs and services be non-discriminatory and accessible to persons with disabilities and require students to comply with institutional documentation requirements, policies, and procedures. If a student feels that he or she has been discriminated against or denied access because of a disability, the student should immediately contact the Director of the Disability Resource Center to discuss the situation. If the problem cannot be resolved or re-mediated within a reasonable amount of time, the student should present the complaint in writing to the Director of the Disability Resource Center. If within 10 working days, the problem has not been resolved, an appeal may be made to the Associate Dean of Student Success & Wellness.If the student feels that the resolution offered through the Associate Dean of Student Success & Wellness continues to deny him or her equal access to an education, a complaint may be filed with the Department of Education Office of Civil Rights Disability Division or the Department of Justice according to their guidelines. 

Formal Appeals for Academic Accommodations

Students who desire to formally appeal a denied accommodation may do so by contacting the Director of the Disability Resource Center. Formal appeals will involve the student making a written appeal to the Director of the Disability Resource Center. The student’s appeal and response from the Director of the Disability Resource Center will be sent to the Associate Dean of Student Success and Wellness. The Associate Dean of Success and Wellness will review the appeal in a process consistent with established appeal protocol. If clinical information from the student’s DRC file is needed in deciding the appeal, a qualified health or mental health professional shall be consulted to clarify clinical issues. The DRC recognizes that students may at times disagree with decisions made regarding accommodations. Students who wish to formally appeal an accommodation are to follow these procedures:
  1. The student shall inform the Director of the Disability Resource Center that he/she would like to appeal an accommodation decision and may request that the Director of the Disability Resource Center provide him/her with a written explanation for the denial. The Director will provide this explanation to the student within 10 working days.

  2. The student will submit a written appeal to the Director of the Disability Resource Center. This appeal, along with the written explanation of the denial from the Director of the Disability Resource Center, will be forwarded to the Associate Dean of Student Success and Wellness of Point Loma Nazarene University. In making a written appeal, the student is permitting the DRC to release all pertinent information from the student’s DRC file.

  3. The Associate Dean of Student Success and Wellness will determine the format of the review process. If the accommodation denial is based upon clinical reasons (e.g. accommodation not supported by clinical documentation), a qualified health or mental health clinician is to be involved in the review process.

  4. Once a decision has been made regarding the accommodation appeal, the student and the Director of the Disability Resource Center shall be informed in writing.