Accessibility Processes, Policies, and Procedures for Appeals

It is the policy of St. Mary’s College of Maryland not to discriminate against any individual on the basis of handicap or disability in matters of admissions and educational activities, and programs and services, in accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, as amended, and applicable state law. Upon request and as required by law, the College will provide reasonable accommodation to a qualified student with a disability or health condition that has a significant impact on their life. The procedures for requesting an accommodation and processing those requests are contained below. In addition to these procedures, a student may file a complaint with the U.S. Department of Education, Office of Civil Rights, for alleged violations of the ADA and Section 504 of the Rehabilitation Act of 1973, as amended.

Examples of disability and accommodations:

Functional Limitation:

 

Step I: Initial Request for an Accommodation

After the admission has been completed and the student has been accepted, a student with a disability may contact Accessibility Services (located within the Office of Student Support Services)  to request reasonable accommodation for their disability or health condition. Currently, accommodation requests are submitted via the Accommodate software platform; submission information is posted on the website for Accessibility Services. As part of this request, the student must submit documentation of their disability/health condition that explains the nature of their needs and the specific accommodations (housing, dietary, or academic) that are being sought. Incomplete or missing documentation may be grounds for denying the request for an accommodation. Specific documentation includes:

• Accommodation Request Form
• Diagnostic test results and/or a copy of the student’s IEP or 504 plan
• A letter from the student’s clinician(s) outlining specific, recommended accommodations that are suitable for the college environment and are justified by the diagnostic information.

Step II: Review and Decision

Once all of the required documents are received, the review process begins. Housing accommodations (e.g. comfort animal requests, single room requests) are reviewed by a committee that includes representatives from Residence Life and the Wellness Center. Academic accommodations are reviewed by multiple members of the team of Accessibility Services/Office of Student Support Services. Most requests are able to be processed within 10 days of submission of a complete file; missing or vague documents will delay the review process. Students are not guaranteed the specific accommodations they request. While the office shall give consideration to the accommodation requested, the office has discretion to suggest an alternative reasonable accommodation, including one that is less expensive or easier to provide than the accommodation requested by the student. The student will receive a letter (typically by email) regarding which accommodations have been approved. Students may schedule an appointment with a staff member in the Office of Student Support Services to discuss accommodations that were not approved.

Students approved for academic and/or housing accommodations will receive several copies of a letter at the start of each semester to share with their advisor and/or instructors. For academic accommodations, copies of the letters must be shared with the instructors to ‘activate’ the accommodations; students are expected to discuss the requested accommodations with instructors in case there are questions about specific course expectations. Accommodations are considered active from the moment the faculty receive the letter.

If a student disagrees with the decision of Accessibility Services about an academic accommodation, the student may seek review of the decision by appealing in writing to the associate dean for curriculum within ten (10) working days from the date of the written decision from Accessibility Services/Office of Student Support Services. The appeal should contain an explanation of the grounds for appeal and any additional written materials that the student believes should be considered in processing their appeal.

If a student disagrees with the decision of Accessibility Services about a housing accommodation, the student may seek review of the decision by appealing in writing to the assistant dean of students within ten (10) working days from the date of the written decision from Accessibility Services/Office of Student Support Services. The appeal should contain an explanation of the grounds for appeal and any additional written materials that the student believes should be considered in processing their appeal.

Step III: Review of Appeal

The purpose of the review of the appeal by the associate dean of curriculum or assistant dean of students is to determine whether College policy has been followed and, if not, to address the consequences that may have resulted  and that may need to be corrected. The associate dean of curriculum and assistant dean of students may decide the appeal based on the written records provided by the student and/or Accessibility Services/Office of Student Support Services. Alternatively, at his/her sole discretion, the associate dean of curriculum or assistant dean of students may request additional information relevant to the appeal and may conduct interviews of any person who may have information relevant to the appeal.

Within ten (10) working days following receipt of the written appeal, the associate dean of curriculum or assistant dean of students will provide a written decision to the student regarding the student’s appeal. This deadline may be waived by the associate dean of curriculum or assistant dean of students if further investigation is needed.

Step IV: Vice President of Academic Affairs and Vice President of Student Affairs Review and Final Decision

If the student disagrees with the associate dean’s decision, an appeal may be made to the vice president for academic affairs and (for academic accommodations) or vice president of student affairs (for housing or dietary accommodations) within ten (10) working days of the written decision by the respective associate/assistant dean. The vice president will decide the appeal based on the written record and the student’s written appeal. The vice president’s decision is the final decision of the College and may not be appealed. The vice president will take all action necessary to implement his/her final decision.

A student who makes use of the review process shall not be retaliated against.

Receiving and Maintaining Confidential Student Records

A student’s disability documentation is considered confidential. Documentation of the disability is maintained at the Office of Student Support Services and is not part of a student’s permanent student record. Communications about a disability or accommodations should respect a student’s right to privacy at all times. Conversations between instructors and students about disability-related matters, including accommodation arrangements, during class, or in other public settings are discouraged.

When a faculty member has a question about the appropriateness of the accommodation for a specific course or course activity, Accessibility Services/Office of Student Support Services should be contacted to address the faculty member’s concern.

ADA and Student Conduct

A student who has a disability that necessitates special assistance may be entitled to reasonable accommodations when that student is involved in a hearing, review, or process under the Student Code of Conduct.

Students seeking a disability accommodation for their scheduled hearing are urged to submit their request as soon as practicably possible, so as to allow sufficient time for the Office of Accessibility Services to review the request and make a determination about the request in advance of the hearing.  In cases where extending the time by which a conduct matter will be resolved may negatively affect another student, the determination of whether an accommodation will be provided will be made on an expedited basis. Students should be aware that untimely requests for an accommodation may delay resolution of the conduct issue. A delayed resolution may affect other student or campus processes or activities, including eligibility for study abroad and course registration.

When an accommodation request is made to the Office of Accessibility Services, the office will communicate the request to the relevant office involved with the conduct proceeding and coordinate the implementation of the accommodation with that office.  More information about disabilities and the process for requesting accommodations at SMCM can be found at http://bit.ly/SMCMAccess.