Grievance Process*

Appeal Process. 

  1. Initiating the Appeal. If a student is not satisfied with the outcome of the accommodation process, they may file a written appeal of the determination letter to the ADA coordinator within five calendar days of receiving the denial. Failure to file a timely appeal forecloses the appeal process.
  2. Contents of Appeal. All appeals must include:
    • A clear statement of the specific determination being appealed 
    • An explanation of why the decision should be reconsidered or overturned, specifically (1) how the requested accommodation relates to the documented disability; (2) why the requested accommodation is necessary for equal access to educational programs or activities; and (3) a response to the reasons for denial of the requested accommodation (e.g., fundamental alteration, sufficient alternative accommodation granted, lack of documentation, etc.)
    • Any new or additional information relevant to the request that was not previously available or considered; and 
    • The specific remedy or resolution sought (e.g., implement preferred accommodation)
  3. Review Process. The provost, or their designee, will review all appeals and will decide the appeal after consultation with the director of equal opportunity and/or legal counsel. In reviewing appeals, the provost will consider:
    • Whether appropriate procedures were followed in the initial determination
    • Whether the initial determination was supported by appropriate and relevant documentation
    • Whether all relevant factors were appropriately considered 
    • Whether the requested accommodation would require a fundamental alteration or create an undue burden 
    • Any new information provided in the appeal that was not previously available

    The provost, or their designee, shall provide a final written determination to the student and ADA coordinator. The written determination will include the decision to uphold, modify or overturn the initial determination; the reasoning for the decision; and any instructions for implementation if applicable. The decision of the provost is final. The provost may direct any temporary accommodation during the pendency of the appeal, or take other steps as necessary under the circumstances to mitigate interim access challenges for the student.

    *Information provided here is intended to summarize KCU policy. In the event of a conflict between KCU policy and information provided here, the KCU policy governs.