Student Appeal of Denial of Accommodation
The student should contact Center for Educational Access and request to appeal a denial of accomodation by an instructor. The student must have already presented appropriate documentation of a disability to the Center for Educational Access, requested the accommodation and exhausted informal attempts at resolution with the Center for Educational Access, before appealing to the ADA committee per NIC Policy/Procedure 5.13.
When appealing to the ADA committee, the student should prepare a written statement pertaining to the denial of accommodation (in a timely manner) and submit it to the office of the Vice President of Student Services who will forward it to the NIC ADA Committee for review.
The student may contact the Vice President of Student Services (Graydon Stanley, 769-7863) SUB (upstairs) if they would like to appeal any decision made by the Director of the Center for Educational Access.
Laws Pertaining to Disability Rights Section 504 of the 1973 Rehabilitation Act (29 U.S.C. 793)
Nondiscrimination under federal grants and programs states:
- No otherwise qualified individual with a disability in the United States, as defined in section 7(8), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978…”
This law pertains to (2)(A) “a college, university, or other post secondary institution, or a public system of higher education.”
Section 508(a)(1)(a)(ii) states:
- Electronic and information technology be available to individuals with disabilities…access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.
Americans with Disability Act (ADA) 1990 :
Students have a right to:
- Fair and equal treatment by instructors and other NIC personnel in receiving appropriate accommodations.
- Equal access to all courses, programs, services, activities, facilities, information, and technology available at or through NIC.
- Reasonable and appropriate accommodation, academic adjustments, and or auxiliary aids determined on a case-by-case basis in accordance with relevant law.
- Confidentiality of all information pertaining to his/her disability (to be released only with the student’s authorization or as otherwise is required by law and NIC policy).
- Educational materials and information available in accessible formats in a timely manner.
- To be informed of the process by which to appeal decisions made concerning accommodation requests and related services.
- Report perceptions of discrimination on the basis of their disability.