Accommodation Denials, Appeals; Grievances and Barrier Reporting

Accommodation Denials

At Mount Holyoke College, accommodation denials are primarily under the scope of Disability Services. The 504 Coordinator may, after an appeals process, choose to uphold an accommodation denial, though they cannot consider or approve new accommodations unrelated to an appeal.

Appealing denials, barrier reporting, and general grievances are under the scope of the Assistant Vice President of Compliance, who has been appointed the College’s 504 Coordinator.

Mount Holyoke College Disability Services

Disability Services works with students to provide reasonable accommodations for those that have a documented disability and/or disability-related needs. Disability Services is the only designated office at the College for students to formally and voluntarily disclose a disability to the College, submit appropriate documentation for verification, and request accommodations. Disability Services engages with students in an interactive process to determine reasonable accommodations and ensure an individualized accommodation process. If Disability Services denies a student’s accommodation request, the student has a few options, outlined below, through Mount Holyoke College’s 504 Coordinator.

The Mount Holyoke College 504 Coordinator

Mount Holyoke College has designated Shannon Lynch, Assistant Vice President for Compliance, as the College’s 504 Coordinator. The 504 Coordinator is responsible for addressing concerns regarding the College’s policies and compliance with the applicable laws, statutes, and regulations regarding disabilities. The 504 Coordinator also serves as the College’s liaison to external disability compliance agencies. The 504 Coordinator can be reached at section504coordinator@mtholyoke.edu or 413-538-2273.

Accommodation Denials

Faculty members may not deny students’ accommodations. If a faculty member tells a student that they are denying their use of an accommodation in their class or that they cannot use an accommodation in their class, the student should contact Disability Services as soon as possible so that they can assist.

On a case-by-case basis, individual faculty members can request to meet with Disability Services staff to consider the reasonability or unreasonability of a specific accommodation within specific courses. All faculty are given language to put in their syllabus, which includes referral information to Disability Services if students have questions or a concern about the course-specific determination. If a faculty member says they met with Disability Services but the language reflecting this decision is not in the syllabus, the student should contact Disability Services.

If you requested an accommodation through Disability Services and it was denied, Disability Services will notify you in writing. The email will include an explanation of why the request was denied and possible next steps, which always includes your right to appeal.

Please note Mount Holyoke College has the right to deny a request for an accommodation if:

• Required documentation is not provided, or the provided documentation does not meet Disability Services’ Documentation Standards and Requirements.
• The provided documentation does not support the requested accommodation(s).
• You fail to make the request in a reasonable time period. (There may be times when a student is approved for an accommodation but it is not possible to implement the accommodation until a future date.)
• The requested accommodation itself was not reasonable.
• The request poses a health or safety risk to the individual requesting or to others.
• The requested accommodation is determined to be a fundamental alteration.
• The requested accommodation would impose an undue burden.
• The request is for a personal device or service:
  • Mount Holyoke College does not provide students with personal devices or services as an accommodation, such as glasses, mobility devices, hearing aids, tutors, executive functioning coaches, or personal care attendants.
  • Comparatively, ‘auxiliary aids and services’ are sometimes items provided to create equal access and remove barriers. Within Disability Services, this is often technology-related equipment, which may be temporarily loaned out or coordinated by the Technology Access Coordinator.

Sometimes during the interactive process of an intake appointment, there can be miscommunications. If you feel that you have requested an accommodation and it has not been approved, provisionally approved, denied, or indicated that it is pending, please notify Disability Services. We may request that you schedule an accommodation appointment to meet with an Accommodation Coordinator to clarify things.

Overturning a Denied Accommodation Request

If your accommodation request has been denied, you have at least two options toward overturning the decision:

• Submitting Further Documentation: If the accommodation was denied due to insufficient documentation, you have the option to submit additional supporting documentation to Disability Services. An Accommodation Coordinator will reconsider the accommodation request based on this new information. If an accommodation is denied due to insufficient documentation, why the documentation is insufficient will be explained in the denial email from Disability Services. This email often includes suggestions as to what documentation would likely support approving this accommodation.
• Appealing the Decision: Regardless of the reason for denial, you have the option of appealing the decision through Mount Holyoke College's 504 Coordinator, who is not a part of the accommodation process. This process is outlined in the next section: The Appeal Process.

The Appeal Process

If you plan to appeal a denial of a requested accommodation, we encourage you to file an appeal as soon as possible.

The appeal process begins with completing an Accommodation Denial Appeal form. This will connect you with Shannon Lynch, Assistant Vice President for Compliance, who has been appointed as Mount Holyoke College’s 504 Coordinator. The 504 Coordinator is not part of the accommodation determination process and is therefore a neutral party reviewing Disability Services’ decision.

Upon receiving your appeal, the 504 Coordinator will contact you to schedule a meeting regarding your request. The 504 Coordinator will confirm that your accommodation was denied and will begin the appellate process. The 504 Coordinator will meet with you to receive information that you may have in your meeting with Disability Services and will request the student’s permission to access your file, any documentation, and any other related information that Disability Services may have for review.

As stated in denial notifications, new documentation from providers should be given to Disability Services so they may re-review the request. If new documentation is brought up during the appeals process, the appeals process will be remanded to the initial accommodation coordinator for review of the original determination.

Upon review of your file, the 504 Coordinator may follow-up with you, Disability Services, or any other necessary members of our community to resolve any unanswered questions. This evaluation of your appeal will take place within 7 business days. The 504 Coordinator will remain as confidential as possible and practicable, and will only share information on a need-to-know basis.

After the 504 Coordinator’s evaluation is complete, they will contact you via email with a decision on your appeal. Disability Services will simultaneously be notified of this decision via email. The 504 Coordinator will either overturn or uphold the Accommodation Coordinator’s decision. As accommodations are not retroactive, if the 504 Coordinator overturns Disability Services’ decision, the newly approved accommodation will not be applied retroactively. If the denial is upheld, there is no further appeal available after the 504 Coordinator’s decision.

Grievances, Nondiscrimination, and Anti-Harassment Procedures

The College’s Nondiscrimination and Anti-Harassment Policy and Procedure are the avenues by which you can bring a grievance or complaint of discrimination on the basis of an actual or perceived disability. The links above contain detailed information about what to expect if one chooses to go through that process. Contact the Assistant Vice President for Compliance or file a report here, if you are interested in using the Nondiscrimination and Anti-Harassment procedure for a disability-based complaint.

Again, faculty members may not deny students’ accommodations. If a faculty member tells a student that they are denying their use of an accommodation in their class or that they cannot use an accommodation in their class, the student should contact Disability Services as soon as possible so that they can assist.

If a problem or issue with the faculty member implementing your accommodations persists beyond your initial report to Disability Services, employees or the student may be directed to fill out the Nondiscrimination Incident form for a report of discrimination on the basis of actual or perceived disability.

Any member of the Mount Holyoke College community who experiences discrimination on the basis of disability, including “conduct or conditions that interfere with or limit one’s ability to work, participate, or benefit from an educational program or activity ... can file a report or complaint.”

If you have a concern or complaint about the process through which Disability Services determines accommodations, please contact the Dean of Studies, who oversees Disability Services.

Reporting a Barrier on Campus

If you are experiencing a barrier on campus, whether it be a physical, electronic, or programmatic barrier, you should fill out the Access Barrier Form which will alert the Section 504 Coordinator to the issue.

If you are a student who would like to request accommodations, or a student already approved for accommodations through Disability Services and someone is refusing to implement your approved accommodations, please reach out to Disability Services directly. Do not complete the Access Barrier form. Disability Services can be reached at 413-538-2634 or via email disability-services@mtholyoke.edu.

Summary Table Outlining Options