Appeal Process

North Idaho College is committed to ensuring equal access for students with disabilities in accordance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Students who believe they have been denied reasonable accommodations or experienced discrimination on the basis of disability have the right to file an appeal or grievance as per NIC Policy/Procedure 5.13 

Step 1: Initial Appeal to Disability Support Services 

Any student who is denied accommodation, or who disagrees with an accommodation decision, is encouraged to first seek resolution through the NIC Disability Support Services office. 

• The student must submit a written appeal to the director of Disability Support Services within five business days of the decision or event.  

• The appeal should include:  

• A description of the concern or denial  

• Relevant supporting documentation  

• The requested resolution  

The director will review the appeal, may request additional information, and will issue a written decision in a timely manner to minimize disruption to the student’s academic progress. 

Step 2: Secondary Appeal to Dean of Students Office 

If the student has already met with the director of Disability Support Services and disagrees with the outcome, they may submit a secondary appeal. 

• The appeal must be submitted in writing to the Dean of Students Office within five business days of the director’s decision.  

• Upon receipt, the dean of students will convene the ADA Committee to review the appeal. 

The committee will: 

• Review all relevant documentation  

• Provide the student an opportunity to present their concerns  

• Allow the student to bring one support person (non-legal representative)  

A written decision will be issued to the student following the review. Every effort will be made to ensure a timely resolution to avoid disruption to the student’s education. 

The decision of the ADA Committee constitutes the final institutional determination. 

Students also have the right to file complaints with external agencies, including: 

• Idaho Human Rights Commission 
  https://humanrights.idaho.gov/about-us/overview/  

• U.S. Department of Justice Civil Rights Division 
  Disability Rights Section 
  950 Pennsylvania Avenue, N.W. 
  Washington, DC 20530 
  (800) 514-0301 (Voice) 
  (800) 514-0383 (TTY) 
  www.ada.gov 

Disability Law

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 

Student Rights

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  auxiliary aids determined on a case-by-case basis in accordance with relevant law.
• Confidentiality of all information pertaining to their 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.