Appeals, Conflict Resolution, & Grievance Processes

Accommodations are available for qualified students with diagnosed disabilities. Accommodation determinations are comprised of three parts: 1) eligibility under the ADA as an individual with a disability, 2) the ability of the requested accommodation to mitigate the adverse impact of the disability (i.e., functional limitations), and 3) the feasibility and reasonability of implementing the requested accommodation. The student may appeal, in full or in part, any decision which results in the denial of the requested accommodation.

• The appeal process is intended to provide students with the opportunity to bring forward questions regarding procedural errors or evidence of bias which occurred during the accommodation review process.
• The appeal process is NOT intended to initiate a new accommodation review process by higher level staff. General dissatisfaction with an accommodation decision is not grounds for an appeal.

Deference is given to the original accommodation eligibility determination by the Accessibility Specialist; therefore, the burden is on the individual filing the appeal request to sufficiently demonstrate reason to alter the eligibility determination.

New Information: If new information becomes available after the accommodation decision is made, the matter will be referred back to the Accessibility Specialist to update the record and continue the ADA interactive process for reconsideration.

OAS Eligibility/Determination Appeal Process:

Grounds for an appeal must be based on one of the following conditions:

• Procedural Error: If there is evidence of a procedural error occurring during the accommodation interactive process that may have impacted the outcome.
• Bias/Conflict of Interest: If there is evidence that the decision-maker was unable to objectively consider the accommodation request due to bias or a conflict of interest.

1. The student submits the OAS Appeal Form (or equivalent written document) and any evidential support to the OAS Director within five (5) business days of the determination notification. If additional time is needed, the student must notify the OAS Director within five (5) business days of the determination notification and provide sufficient justification for the extension.
2. The OAS Director* will review the submitted materials, meet with the student (if necessary), and seek additional information as needed.
3. The OAS Director will make a final decision within ten (10) business days of receipt of the completed appeal. If additional time is needed, the student will be notified of the necessary delay and justification.
4. The OAS Director will notify the student of the appeal outcome via their FSU email once the decision has been finalized.

Possible outcomes are:

• Granted:
  • This means that the denial of the original accommodation was the result of error or bias. The OAS Director will instruct the Accessibility Specialist to revisit the accommodation request and provide appropriate guidance. If there is a finding of bias on the part of a decision maker, that individual may be asked to recuse themselves from the review of the accommodation request, and the OAS Director will consult the Office of Human Resources.
  • Or, if the appeal concerns a decision that the student does not qualify as an individual with a disability under the ADA or did not provide sufficient documentation, granting of the appeal means that the OAS Director determined that the information previously provided sufficiently establishes a disability according to the ADA. The OAS Director will instruct the Accessibility Specialist to proceed with the interactive process and determine applicable accommodations.
• Denied:
  • This means that the OAS Director has determined that the original accommodation decision was not the result of error or bias, or there is insufficient information to establish a disability, and the decision made by the Accessibility Specialist remains unchanged.

*In the event that the OAS Director serves as the appealing student’s Accessibility Specialist, the appeal process will be facilitated by the Sr. Associate Dean of the Department of Student Support and Transitions.

1. Students should first ensure that:
   • Their formal accommodation notifications have been timely sent to the instructor via the OAS accommodation portal; and
   • They have followed any applicable timely communication expectations regarding the specific accommodation (e.g., request extension prior to the deadline).

   If the above actions have been met, and the student believes an instructor has not provided an accommodation in full or in part, they should:

2. Communicate directly with the instructor regarding the accommodation need. Send an email detailing the accommodation to be implemented, any concerns, and the requested resolution. The student should copy their Accessibility Specialist in the email.
3. If issue/concern/disagreement regarding the accommodation is not resolved, the student should follow up via email or schedule a meeting with their Accessibility Specialist to discuss the situation and possible resolution options. If warranted, the Accessibility Specialist will contact the instructor to gather additional information and discuss resolution options. While there is no deadline for bringing forward a concern, elapsed time may impact available resolution options.
4. If issue/concern/disagreement regarding the accommodation is not resolved, the Accessibility Specialist will determine if it is necessary to contact the department chair and/or others in the chain of command to discuss resolution options. The OAS Director will step in as needed to help facilitate the resolution.

If at any time OAS has determined the resolution to be fair and compliant with the ADA, the student will be notified. If the student does not agree, or at any time, they may proceed with elevating the matter up the chain-of-command as part of a general academic appeal or grade appeal, or they may file a formal discrimination complaint. Students may also elect to consult with the FSU Student Ombuds Office.

Students who allege that academic regulations and procedures have been improperly applied in specific instances may have their grievances addressed through the general academic appeals process. Additional information is available at: The Office of Faculty Development and Advancement's General Academic Appeals page.

The purpose of the grade appeals system is to afford an opportunity for an undergraduate or graduate student to appeal a final course grade under certain circumstances. Additional information is available at: the Office of Faculty Development and Advancement's Grade Appeals System page.

FSU prohibits discrimination on the basis of race, creed, color, sex, religion, national origin, age, disability, genetic information, veterans' status, marital status, or any other legally protected group status. Complaints against faculty, staff, contractors, visitors, and other third parties, are handled by the Office of Human Resources. Additional information about the informal and formal complaint processes are available at: https://hr.fsu.edu/sections/equal-opportunity-compliance-engagement/make-complaint. Or a student may choose to report discriminatory behavior at report.fsu.edu.

The Student Ombuds Office is an impartial, informal, independent, and confidential resource for FSU students to seek advice, obtain resources, and ask questions about FSU policies, processes, and procedures. Additional information is available at: the Student Ombuds' website.

Accommodations are considered reasonable unless they: alter or remove essential requirements; fundamentally alter the nature or quality of the program; impose undue financial or administrative burden; or pose a direct threat to others.

Instructors who have received an official OAS accommodation notification for a student in their course should adhere to the following steps if they believe implementation of an accommodation would be infeasible or unreasonable. The instructor should refrain from sharing any concerns regarding accommodation implementation directly with the student; any official denial of an accommodation must come from OAS.

1. The instructor should contact OAS (oas@fsu.edu) to be connected with the student’s assigned Accessibility Specialist. The Accessibility Specialist will meet with the instructor to discuss the purpose of the accommodation, the instructor’s concerns, and possible solutions including modifications or alternative accommodation(s).
2. If the concern is not resolved, the Accessibility Specialist will update the OAS Director. The OAS Director will work with the instructor, department/college administrators, and the Office of General Counsel (as applicable) to determine possible solutions, including alternative accommodation options. The OAS Director will provide a written determination and recommendations.
3. If the concern is not resolved, upon receipt of the written determination, the instructor may proceed with the Fundamental Alteration Committee review process.

Under the ADA, a fundamental alteration is a modification to policies, practices, or procedures that is so significant it changes the essential nature of a service, program, or activity. If an instructor has already consulted with OAS and is still concerned that an accommodation fundamentally alters the nature or quality of the academic program, they should adhere to the following steps.

1. Submit the OAS Fundamental Alterations Form *coming soon* (or equivalent written document) to the OAS Director and Faculty Senate President (or designee) within two (2) business days of the written determination of reasonability/feasibility of the accommodation.
   • Note: Accommodation will not be implemented during the committee review; therefore, it is critical to complete the review in a timely manner -- within ten (10) business days.
2. The OAS Director will convene a committee, to include:
   • The OAS Director,
     
   • A faculty member appointed by the Faculty Senate President, who will serve as chair,
   • A faculty member from the department (or college, if applicable) in which the course resides (selected in conjunction with the Dean of the College),
   • An Office of Faculty Development and Advancement representative,
   • An Office of General Counsel representative, and
   • Other representatives, as appropriate.
3. The Fundamental Alterations Committee will review relevant information and documentation, meeting if needed, and consider the following questions:
   • What are the essential requirement/fundamental objectives of the course/program?
     • Essential requirements/fundamental objectives are core learning outcomes (such as skills, knowledge, or licensure requirements) that all students must demonstrate, with or without accommodations, which are part of the interconnected curriculum of the degree or academic program.
   • What practical function does this essential requirement/fundamental objective serve in the academic program? Is there a unique justification for an essential requirement/fundamental objective that is not generally adopted by other educational institutions?
     • The Committee will ensure that the requirement is not simply based on tradition/routine practices and is not a pretext for discrimination.
   • What essential requirement/fundamental objective does this accommodation alter/undermine/compromise? How?
     • Has the essential requirement/fundamental objective been communicated to students in writing (e.g. syllabus, professional association certification requirement, technical standards, etc.)?
   • Has this accommodation (or similar) been implemented for students without disabilities or for any other situation or reason? If so, why?
   • How have other educational institutions handled similar situations?
   • Is there any alternative way the student could demonstrate competence without undermining the essential requirement/fundamental objective?
4. The Fundamental Alterations Committee will make a final decision within ten (10) business days of receipt of the completed request form. Should additional time be needed, the student will be notified of the justification. Possible outcomes are:
   • Accommodation does not result in an alteration to any of the essential requirements/fundamental objectives of the course/program.
     • The instructor should immediately implement the accommodation and consideration should be given to mitigate any adverse impact which occurred in the interim.
   • Accommodation does result in an alteration of one or more of the essential requirements/fundamental objectives of the course/program.
     • Accommodation request is denied – OAS will provide official written notice to the student. OAS will work with the instructor to implement any feasible alternative accommodation to mitigate, to the maximum extent possible, the impact of the disability.

Note: During the appeal process, the student is entitled to receive all other accommodations which are not presently under dispute. It is important that issues/concerns are addressed promptly to reduce the impact on the student’s participation in the course, program, or activity.