BMAC Accommodation Appeal Procedure

1. Evaluate and certify, based on professional documentation, the student’s functional limitation(s), including duration and severity, to appropriately identify reasonable accommodation(s). For students with learning disabilities, that documentation must be consistent with the diagnostic procedures and standards established by California State University.
2. Initiate contact with faculty regarding a student with a disability only when authorized by the student and if deemed professionally necessary to do so.
3. Identify and authorize reasonable program access and/or academic adjustments and accommodations for students with verified disabilities. This may entail making modifications to examinations (e.g., additional time and alternative testing methods); use of educational auxiliary aids (e.g., readers/scribes, interpreters, note takers, adapted computers, calculators and tape recorders); and/or a change in classroom space assignment.
4. Work collaboratively with faculty to ensure that appropriate accommodation is provided. In exceptional situations, e.g., laboratory station modification, consult with faculty in establishing an accommodation plan.
5. Maintain confidential records for each student with a disability containing documentation of verification of disability, counseling and advising.

1. Meet with a BMAC Disability Specialist and provide written verification and documentation of their disability.
2. Consult with BMAC regarding specific accommodation requests, including identifying needs and obtaining approval for specific academic accommodations.
3. Upon receipt of BMAC determined accommodations, personally contact faculty directly regarding the approved accommodation(s) and provide instructors with BMAC’s written verification within the first two weeks of classes or as soon as feasible for students who are certified within the semester.
4. If a disagreement arises regarding the accommodation, discuss the situation with the BMAC Disability Specialist and, if necessary, initiate the "Conflict Resolution" section of this document.

1. Adopt practices that promote equal opportunity to qualified students with disabilities; to use teaching and evaluation methods that measure abilities rather than disabilities, particularly in tests or examinations. This may entail making modifications to degree requirements, course requirements and practices where reasonable and appropriate.
2. Implement the accommodations authorized by BMAC, unless:
   1. the academic requirement for which an adjustment is requested is essential to the program of instruction being pursued by (the) student, or
   2. the academic requirement for the requested accommodation is essential to any directly related licensing requirement; or,
   3. the faculty member, in consultation with the appropriate BMAC Disability Specialist, determines that an equally reasonable accommodation can be offered.
3. To consult with BMAC Disability Specialists within a timely manner if a question arises regarding specific recommendations for accommodation, particularly when adapted test-taking procedures are required.
4. To treat all matters related to students with disabilities as confidential in accordance with law and policy.
5. To consult first with the BMAC Director, ADA/504 Compliance Coordinator, and the School Dean's designee and refer the student to the ADA/504 Compliance Coordinator if a disagreement between a student and faculty member regarding an accommodation is not resolved.

1. Facilitate requests made by students, BMAC or faculty regarding accommodations as appropriate. This may include facilitating a referral to BMAC for students not currently served by this office.
2. Consult with BMAC, when appropriate, if concerned about a student, provided the student's confidentiality rights are not violated.
3. Treat all matters related to students with disabilities as confidential in accordance with law and policy.

a. Upon a formal request in writing from the complainant, the Bob Murphy Access Center (BMAC) Director or designee will first seek to resolve the conflict by informal means. The BMAC Director or designee may request additional documentation or a release of information to consult with a treating professional. The complainant has 5 working days to respond with this information. The BMAC Director’s review should take no more than 10 working days, unless the timeline is extended with good cause by the BMAC Director or designee in writing to the complainant. If successful, this can provide a speedy resolution to the dispute. If the Informal Review does not result in a successful resolution for the complainant, the BMAC Director or designee will provide notice of denial, along with an accompanying rationale to the complainant. The written notification to the complainant will describe the process for filing a mid-level review if the student continues to feel aggrieved.

a. This process is for all complaints, including cases where a fundamental alteration of academic requirement is claimed (see I.C.2.a. above). If an informal resolution does not result in a successful resolution and upon receipt of a written request from the complainant, the BMAC Director will confirm receipt of the request to engage in a mid-level review and will request additional information (e.g. confirmation of the complainant’s request, a written personal statement, and any supporting supplemental documentation). The complainant will have 5 working days to respond to this request for information. Upon receipt of this information, the BMAC Director will notify the Associate Vice President (AVP) of Student Affairs, who serves as the review panel chair. The AVP of Student Affairs will convene a review panel within 10 working days of receipt of the notification to engage in a mid-level review that contains the supporting documents. A meeting date will be determined within 10 working days from the date that the review panel members have confirmed their availability to participate. 

The review panel will consist of the AVP of Student Affairs, BMAC Director, ADA Campus Compliance Coordinator, Dean/designee of the college, one faculty member who is knowledgeable in the area of learning and other disabilities, a professional staff member of BMAC who has the expertise in the disability/pertinent disability law designated as by the BMAC Director, and, depending on the issues, other relevant community, academic, or administrative personnel as may be appropriate. If one of the BMAC staff members on the panel actively determined the original accommodation denial for the complainant, that staff member will not participate in the review of that accommodation and will be temporarily replaced by another staff member designated by the BMAC Director. Unless determined otherwise by the review panel, the BMAC Director’s participation in the Informal Review does not exclude them from their role in the Mid-Level Review. 

The panel will then review the claim and render a determination within 5 working days from the mid-level review meeting date. The mid-level review timeline may be extended at any point within this process with good cause by the AVP of Student Affairs in writing to the complainant. The AVP of Student Affairs has the authority in these matters and is the impartial arbitrator who assures prompt and equitable determinations. The written notification to the complainant will describe the process for filing a formal grievance if the student continues to feel aggrieved.

b. Current services authorized by the BMAC Director will continue during the complaint process. Where an accommodation has not been authorized but BMAC has a reasonable basis to believe the student is disabled, and in need of an accommodation, the BMAC and other panel members will identify and implement what it believes to be an effective alternate accommodation, giving due consideration to that preferred by the student.

If the complainant wishes to continue challenging the Informal and Mid-Level outcomes, the complainant will be notified of their right to appeal the decision with the University and their right to file a Complaint with the Department of Education: Office of Civil Rights.

1. Appealing Decision with the University

   The final reviewer, the Associate Vice President (AVP) of Student Affairs, will review the appeal to determine the following:  

   Whether BMAC engaged the student in an interactive process concerning the student’s disability and related needs and identified the specific accommodations that would be provided; and whether those services were in fact provided. The reviewer should determine:

   1. the process used to identify needed accommodations to ensure that the student’s disability-related needs were adequately addressed,
   2. the accommodations and services that were ultimately approved,
   3. whether the accommodations were provided in the student’s classes, and
   4. whether the interactive process continued if the accommodations that were provided proved inadequate or if the process for obtaining them was unduly burdensome (including whether the student provided the BMAC with notice that the accommodations were inadequate). 

2. Formal Complaint with the Department of Education  

   The student has a right to file a formal complaint of discrimination directly with the: 

   Department of Education 
   Office for Civil Rights 

   50 United Nations Plaza 
   San Francisco, CA 94102

   Telephone: (415) 486-5555, Facsimile: (415) 486-5570 
   Email: OCR.SanFrancisco@ed.gov, or other appropriate Federal or State departments, in lieu of or in addition to using University procedures to resolve the conflict.