Appeals & Grievances

Academic Accommodation Appeals Process

The Center for Accessible Education (“CAE”) is committed to a fair process for the resolution of complaints related to disability discrimination or the failure to reasonably accommodate disability-related academic needs.

The following process may be used by students with disabilities through the Accommodations Appeals Process to resolve complaints about the following matters:

• Denial of academic accommodations,
• Decisions regarding eligibility for academic accommodations
• Determinations of specific appropriate academic accommodations, provision of accommodations and auxiliary services, provision of communication services,
• Administrative decisions of the CAE’s Program.

Students may address concerns about academic accommodation decisions affecting them in two ways. The first is to pursue an informal resolution (I). The second is to pursue a formal complaint (explained further below). While we encourage students to begin with an informal resolution, a student may choose to start with a formal complaint. Formal complaints involving instructors will be managed by the CAE as described below (II). Formal complaints regarding CAE decisions or implementation of services may be appealed as described below (III).

I. Informal resolution

In general, when a student is dissatisfied with any academic accommodations, the fastest process for resolving the issue is to directly contact the student’s CAE Disability Specialist.

A student may pursue informal resolution of a complaint by scheduling a meeting with the CAE Leadership to discuss the complaint and explore possible avenues of resolution. If a satisfactory solution cannot be reached, the student may then initiate formal resolution by putting the complaint in writing.

II. Formal process when an instructor denies an accommodation

If a student has received an accommodation letter from the CAE, and an instructor indicates to the student that a specific accommodation described in the letter is academically inappropriate with regard to that instructor’s course, the student seeking the accommodation should inform their CAE Disability Specialist of the instructor’s position and seek resolution through the CAE Disability Specialist. Students are encouraged not to discuss any disagreement with the instructor regarding accommodations directly with the instructor. If the instructor initiates such a conversation, the student is encouraged to refer the instructor to the student’s CAE Disability Specialist. Generally, complaints that an instructor has not observed the provisions of an accommodation letter cannot be resolved until after the student has advised the student’s CAE Disability Specialist of the situation, as described above.

Initial accommodation letters issued through the online Portal are typically general and are not tailored to any specific course. Instructors provide input as to whether or not accommodations proposed by the CAE Letter of Accommodation are academically appropriate for an instructor’s specific course. When an instructor informs the CAE that an accommodation proposed by CAE is not appropriate for a specific course, the instructor and CAE confer and agree regarding an alternate accommodation (or agree that no accommodation is appropriate), and that agreement is reflected in a new accommodation letter for that course issued by CAE to the student (or by affirming to the student that the current letter will be observed by the instructor).

When CAE and an instructor disagree regarding the appropriateness of an accommodation for a particular course, the matter is referred by the CAE Disability Specialist to CAE Leadership, who decides what accommodation is appropriate, and directs the CAE Disability Specialist to either issue a new accommodation letter or inform the student that the existing accommodation letter will be observed by the instructor. CAE, not the student, is responsible for managing disagreements between CAE and an instructor. The student may provide CAE with information that the student wishes the CAE leadership team to consider in making the decision.

When the complaint concerns the refusal of an instructor to follow CAE’s recommendations as set forth in an accommodation letter issued by CAE after CAE has considered the concerns of the instructor regarding such accommodation, the CAE will involve other parties as necessary, including, but not limited to, the Assistant Vice Chancellor overseeing the CAE, or UCLA Legal Counsel.

III. Formal Process for appealing CAE decisions

A formal complaint regarding a decision made by CAE or provision of (or denial of) an academic disability accommodation or service must be made in writing, must state unambiguously that it is a “formal complaint,” and may be sent to the attention of CAE Leadership.

Please use the CAE Formal Complaint Form below to submit. 

The formal complaint must describe the following:

1. The specific accommodation or service issue that is the subject of the complaint,
2. The date that the issue arose,
3. The facts on which the complaint is based, and
4. The resolution requested.

Due to the nature of the quarter system, in order to assess and resolve a complaint or appeal, formal complaints must be submitted within thirty days from the time the student knew or could reasonably be expected to have known of the CAE staff or supervisor action that is the subject of the complaint. The campus may treat untimely complaints as having been waived by the student based upon failure to assert the complaint in a timely manner.

CAE will seek to complete its review and notify the student of the outcome of the complaint within ten days of the date it was received. Complex complaints may not be resolved within ten days. Complaints made during summer and inter-quarter recesses also may not be resolved within ten days. All time frames referred to in this procedure refer to calendar days and are subject to modification as necessary.

Upon receipt of a written complaint, CAE Leadership may convene the Accommodation Appeals Board or assign an individual to evaluate the complaint and make a recommendation to the appropriate decision regarding the outcome of the complaint. At a minimum, the evaluation should include an attempt to interview the complainant, a review of any relevant written materials submitted by the complainant, and an effort to obtain information from relevant individuals (i.e. interviews, written statements or documents). CAE Leadership or that person’s designate shall notify the student in writing of the decision regarding the complaint.

The decision regarding formal complaints shall be made by CAE Leadership, with the following exceptions. When the complaint concerns a decision issued specifically by the Director of CAE, the decision shall be made by an appeals board or evaluation of the complaint facilitated by another member of CAE Leadership, or by the Assistant Vice Chancellor overseeing the CAE.

Examples of formal complaints might include the following allegations of the following matters:

1. Procedural error or violation of policy by CAE staff or supervisor. (III)
2. Specific mitigating circumstances beyond the student's control not properly taken into account in a decision affecting the student's services. (II&III)
3. Ongoing, repeated failure by CAE to provide an auxiliary aid or alternative media for which CAE has determined the student is eligible. (III)
4. Refusal of an instructor to observe recommendations in an accommodation letter issued by CAE (following notice of to the CAE Specialist of the instructor’s disagreement with a proposed accommodation). (II)
5. Decision of CAE Director to deny an accommodation request. (III)

Forms and Documents

CAE Formal Complaint Form

Determining Essential Requirements and Fundamental Alterations

Housing Accommodation Appeals Process

The Center for Accessible Education (“CAE”) is committed to a fair process for the resolution of complaints related to disability discrimination or the failure to reasonably accommodate disability-related housing needs.

If the Board determines a requested accommodation is necessary but unreasonable, the necessary but unreasonable, the Housing & Auxiliary Services Coordinator will contact the individual, in writing, within seven (7) business days of its determination and engage in an interactive process with the individual to determine if there are alternative accommodations that might effectively meet the individual’s disability-related needs.

The following process may be used by students with disabilities through the Housing Accommodation Appeals process to resolve complaints about the following:

• the denial of a housing accommodation request by the Board
• the belief that the Board committed a procedural error in its review and re-review
• the belief that the decision was made in an arbitrary or capricious manner

Students may address concerns about housing accommodation decisions affecting them in two ways. The first is to pursue an informal resolution (I). The second is to pursue a formal complaint. While we encourage students to begin with an informal resolution, a student may submit a formal complaint once the review and re-review processes have been completed and a decision has been made. Formal complaints regarding CAE decisions or implementation of services may be appealed as described below (III).

I. Informal resolution

In general, when a student is dissatisfied with a housing accommodation request, the fastest process for resolving the issue is to directly contact the Housing & Auxiliary Services Coordinator.

A student may pursue an informal resolution of a complaint by scheduling a meeting with the CAE Associate Director, Programming, Evaluation & Auxiliary Services to discuss the complaint and explore possible avenues of resolution. If a satisfactory solution cannot be reached, the student may then initiate a formal resolution by putting the complaint in writing.

II.  What Appeals are Considered?

Appeals will generally be considered after the review process when new supporting documentation is provided in justification of the request, and/or when there is stated and explained belief that Board committed a procedural error in its initial review.

Declining an Alternative Accommodation

If the individual is unwilling to accept any alternative accommodation offered by the Board or there are no alternative accommodations available, the Coordinator will provide a verbal explanation and written notification to the individual of the denial, the reason(s) for the denial, the right to appeal the decision, and the procedures for that appeals process. The notification shall be in writing and made within seven (7) business days of the notification from the individual of their unwillingness to accept any of the alternative accommodations offered or the determination that there are no alternative accommodations available.

III. Formal Process for appealing CAE decisions

A formal complaint regarding a decision made by CAE or provision of (or denial of) a housing accommodation decision must be made in writing, must state unambiguously that it is a “formal complaint,” and may be sent to the attention of CAE Leadership. If the appeal is denied, the Director of the CAE shall provide written notification of the denial to the individual and a written explanation with all of the reasons for the denial.

Please use the CAE Formal Complaint Form below to submit. 

The formal complaint must describe the following:

1. The specific accommodation or service issue that is the subject of the complaint,
2. The date that the issue arose,
3. The facts on which the complaint is based, and
4. The resolution requested.

Due to the nature of the quarter system, in order to assess and resolve a complaint or appeal, formal complaints must be submitted within 30 days from the time the student knew or could reasonably be expected to have known of the CAE staff or supervisor action that is the subject of the complaint. The campus may treat untimely complaints as having been waived by the student based upon failure to assert the complaint in a timely manner.

CAE will seek to complete its review and notify the student of the outcome of the complaint within ten days of the date it was received. Complex complaints may not be resolved within ten days. Complaints made during summer and inter-quarter recesses also may not be resolved within ten days. All time frames referred to in this procedure refer to calendar days and are subject to modification as necessary.

Upon receipt of a written complaint, CAE Leadership may convene the Accommodation Appeals Board or assign an individual to evaluate the complaint and make a recommendation to the appropriate decision regarding the outcome of the complaint. At a minimum, the evaluation should include an attempt to interview the complainant, a review of any relevant written materials submitted by the complainant, and an effort to obtain information from relevant individuals (i.e. interviews, written statements or documents). CAE Leadership or that person’s designate shall notify the student in writing of the decision regarding the complaint.

The decision regarding formal complaints shall be made by CAE Leadership, with the following exceptions. When the complaint concerns a decision issued specifically by the Director of CAE, the decision shall be made by an appeals board or evaluation of the complaint facilitated by another member of CAE Leadership, or by the Assistant Vice Chancellor overseeing the CAE.

Forms

CAE Formal Complaint Form

Disability-Based Grievances

UCLA Procedure (No Policy) 230.2 : Student Grievances Regarding Violations of Anti-Discrimination Laws or University Policies on Discrimination on Basis of Disability

In compliance with the Rehabilitation Act of 1973 (Public Law 93-112), as amended, and the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended, University of California policy prohibits unlawful discrimination on the basis of disability in its programs, services, and activities. Students who believe they have been subjected to discrimination on the basis of a disability are to follow the procedures set forth in UCLA Procedure 230.2. The purpose of this Procedure is to enable the resolution of Student grievances alleging violations of Anti-Discrimination Laws or of University policies against harassment or discrimination based on physical or mental disability, or perceived physical or mental disability, which result in harm to the Student, and to enable the resolution of Student grievances alleging that the University failed to take appropriate steps to investigate Disability Discrimination. This Procedure also applies to grievances filed by Students for conduct by Students or non-affiliates where the alleged offending behavior occurred in University programs or activities.

Per University Procedure 230.2, a student has the right to file a grievance if they believe they have been discriminated against or denied an accommodation on the basis of disability. A student who complains about Disability Discrimination or Harassment should be referred to the ADA/504 Compliance Office for assistance.

Disability-Based Discrimination includes:

• Exclusion of a qualified student, on the basis of disability, from participation in any academic, research, or other University service, program, or activity;
• The denial of a qualified student, on the basis of disability, of the benefits of any academic, research, or other University service, program, or activity;
• Otherwise subjecting a qualified student, on the basis of disability, to discrimination in any academic, research, or other University service, program, or activity.

Disability-Based Harassment includes:

• Verbal acts and name-calling; graphic and written statements which may include use of cell phones or the Internet;
• Other conduct that may be physically threatening, harmful, or humiliating.

The Grievance Process

If you believe you have experienced discrimination or harassment on the basis of disability, please contact grievance@saonet.ucla.edu.

As described in UCLA Procedure 230.2, the grievance may be submitted in writing to the the ADA/504 Compliance and Grievance Officer in the Office of the Dean of Students at 1104 Murphy Hall or by email to grievance@saonet.ucla.edu from the Student’s official email address.

The Grievance Process strives to be prompt, equitable, confidential, accessible, and retaliation-free. Once the grievance process is initiated, the ADA/504 Compliance and Grievance Officer will conduct an investigation into the student's claims and submit a written report within sixty days of the initial receipt of the grievance.