Grievance Policy

Loyola University Maryland Procedures for Appealing Accommodation Determinations and Implementation

Scope

Loyola University Maryland complies with the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act by responding to employee and student requests for accommodation and providing reasonable accommodations for qualified individuals with a disability through a deliberative, interactive process.

At times, however, an individual may disagree with the accommodation provided or believe it is not being implemented effectively. These procedures were designed to provide avenues for students to raise those points of disagreement, and to ensure the University complies with the Americans with Disabilities Act (“ADA”)/Section 504’s mandate to “provide for prompt and equitable resolution of complaints alleging any action prohibited” by ADA or Section 504. If an individual has been denied an accommodation that they requested and would like to appeal the denial, the individual may file a complaint through this process. Additionally, if an accommodation has been approved but the individual believes it is not being implemented effectively, the individual may address the concern through this process.

Loyola University Maryland will make appropriate arrangements to ensure that individuals with a disability are provided other accommodations, if needed, to participate in this grievance process. The ADA/504 Coordinator will be responsible for such arrangements.

Student Process

The following outlines the process a student appealing an accommodations decision must follow to appeal the decision. The process also outlines steps a student may take to address concerns related to the implementation of an accommodation.

Participation in this process does not release a student from their obligation to fulfill all academic and/or university requirements.

Informal Resolution Concerning Accommodation Implementation

Students are encouraged to speak with faculty members and other employees who they believe have not implemented their accommodations effectively. Informal and open conversation is often effective at addressing concerns over accommodation implementation. During these conversations, students are not required to share medical or mental health information or disclose their underlying disability.

When such conversations fail to address a student’s concerns, or if they feel uncomfortable addressing their concerns informally, a student wishing to address a concern regarding the implementation of an accommodation must submit a written request to the Director of Disability and Accessibility Services (DAS). The written request should include:

• Student’s name and University ID number
• Description of the accommodation not being implemented effectively
• Explanation of why they believe the accommodation(s) is not being implemented effectively
• Desired outcome

The Director of DAS or designee may ask for additional information from the student or employees related to the accommodation implementation. The Director of DAS or designee will utilize this information to determine if the accommodation is being implemented effectively, and if not, the course of action to correct the accommodation implementation. Additionally, the Director of DAS or designee may engage in an interactive process to determine if additional or other accommodations may be necessary.  Students will receive written responses from the Director of DAS or designee regarding whether the Director of DAS or designee determines the accommodations are being implemented effectively or if further actions will be taken generally within ten (10) business days of the request for informal resolution.

Informal Resolution Concerning Accommodation Determination

In addition to implementation concerns, students may have concerns that an accommodation request is denied, in whole or part, or they may be dissatisfied with an alternative accommodation provided by the University.  A student wishing to appeal an accommodation determination informally must submit a written request to the Director of Disability Support Services (DAS). The request should include:

• Student’s name, address, and University ID number
• Description of the concern regarding the accommodation determination
• Explanation of why they believe an alternative or requested accommodation(s) should be considered reasonable
• Additional supporting information
• Desired outcome

The Director of DAS or their designee from the DAS staff may request to meet with the student to discuss their concerns about the accommodation determination. The Director or their designee may also request additional documentation from the student (who may choose to have the Director or their designee consult with the student’s evaluator or provider), or consult with medical or mental health professionals (including those on campus) for the limited purpose of assessing the need for the requested accommodation. Review processes are conducted as quickly as possible. Students will receive written responses from the Director of DAS or designee upholding or amending accommodations decisions generally within ten (10) business days of the request for informal resolution.

Formal Accommodation Appeal Resolution

If the DAS informal resolution processes above do not resolve the student’s concerns, the student may submit a written complaint to the Loyola University Maryland ADA/504 coordinator in the Office of Title IX and Bias Compliance or their designee by no later than ten (10) business days from the conclusion of the informal process. The complaint shall include:

• Student’s name, address, and University ID number
• Description of the accommodations denial, determination, or implementation concerns
• A copy of the accommodation decision or notification letter
• Explanation of why they believe an alternative accommodation(s) should be considered reasonable or their implementation concerns have not been addressed appropriately
• Additional supporting information
• Desired outcome

Complaint review

The ADA/504 coordinator or designee will investigate the complaint. The investigation will include a meeting with the student within five (5) business days of receipt of the complaint.

If the appeal relates to an accommodation determination, during the meeting with the ADA/504 coordinator or designee, the student should be prepared to explain why the denied accommodation is needed to address the current impacts of their disability at Loyola University Maryland. Having received an accommodation from a previous institution or in the K-12 system is not in itself a sufficient basis.

Additionally, as part of the investigation, the ADA/504 coordinator or designee may consult with appropriate individuals, including but not limited to the employee who made the decision or who has allegedly failed to implement the accommodation appropriately, the individual’s evaluator or provider, or medical or mental health professionals (including those on campus) for the limited purpose of assessing the need for the requested accommodation. The ADA/504 coordinator or designee will communicate the decision upholding or amending the original decision or taking other additional action in writing to the individual who appealed within ten (10) business days. The ADA/504 coordinator or designee’s decision is final.

If through the appeal process an additional or alternative accommodation is granted, then the accommodation will be granted moving forward as outlined in the decision letter. Accommodations are not retroactive.

Records Retention

Student records used in this process, including but not limited to the appeal letters, supporting documentation, and outcome letters will be maintained in the student’s confidential file consistent with the DAS records retention policy.

Discrimination Complaint

Individuals who believe they were discriminated against during this process or otherwise at Loyola University Maryland should file a complaint through the Loyola University Maryland Harassment and Discrimination Policy and Procedures. Filing an informal or formal appeal through this procedure does not prevent the individual from filing a complaint through the Loyola University Maryland Harassment and Discrimination Policy and Procedures or with the:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100 Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012 TDD#: (877) 521-2172