Grievance Process

It is the policy and practice of the University of Colorado Denver to comply with the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973. Title II of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973 were intended to prevent discrimination against individuals with disabilities. They state that an otherwise qualified person with a disability shall not, solely based on disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by a public entity, such as the University of Colorado Denver.

In addition to the non-discrimination requirement, public entities must adopt and publish a student grievance procedure, which is an internal course of action that provides for timely and equitable resolution of complaints alleging a violation of U.S. Department of Justice regulations related to the implementation of Title II of the Americans with Disabilities Act (1990) or Section 504 of the Rehabilitation Act (1973).

In order to directly address complaints specific to disability-related accommodations, Disability Resources and Services (DRS) has adopted an internal grievance procedure and encourages students to report barriers and complaints in order to provide an equitable resolution to complaints alleging violation(s) of their rights under the ADA and Section 504 of the Rehabilitation Act.

How to Submit a Grievance:

Disability Resources and Services (DRS) has the responsibility of determining a student’s need for accommodation. This determination is made through a flexible, individualized process of a meeting/interview and review of documentation of the disability. If DRS staff determines a student is eligible for accommodations, DRS is responsible for coordinating and/or implementing the accommodations. If a student requests accommodations and some or all the requests are denied, the student has the right to submit a grievance. Listed below are the grievance procedures:

1. The student should first schedule a meeting with the DRS staff member who evaluated the original accommodation request and discuss the matter. If the accommodation is related to a specific course, the student’s faculty member may be asked to attend the meeting. DRS, the student, and potentially the faculty member or other campus partner will engage in the interactive process to determine a reasonable resolution.

2. If the student is not satisfied with the outcome of the above-mentioned meeting, the student may submit a Grievance Form to the Director of Disability Resources and Services (DRS) within ten (10) working days of the date of the meeting with the DRS staff member. The grievance form should include a statement indicating the specific basis for the grievance. Students may also provide names of individuals that have relevant information and supporting documentation to be reviewed.

Specific basis for the grievance includes:

• Procedural errors by the Disability Resources and Services staff that impacted the interactive process and/or the determination of the requested accommodation(s)
• Information made available during the interactive process that was not adequately considered by Disability Resources and Services staff
• Factual or analytical errors in the written accommodation determination which impacted the determination of accommodation(s)
• Other

3. The Director of DRS will then review the grievance, allowing all parties an opportunity to submit relevant information, statements, and documentation. The Director of DRS will then conduct meetings with relevant parties, including the student. The Director of DRS will determine the status of the grievance within ten (10) business days of the submitted complaint and notify the student in writing.

Potential grievance resolutions may include but are not limited to:

• Reconsideration of the accommodation request with the DRS staff member who evaluated the original accommodation request. This requires both DRS and the student to reengage in the interactive process to determine appropriate accommodations
• Reversing or amending the accommodation determination
• Upholding the accommodation determination

4. If the student is not satisfied with the Director of DRS’s review of the grievance, they may file a Grievance Appeal via email with the Assistant Vice Chancellor of Student Health, Well-Being, and Advocacy within ten (10) business days of the date of the written grievance decision notice from the Director of DRS. The Assistant Vice Chancellor of Student Health, Well-Being, and Advocacy can be reached at meloni.rudolphcrawford@ucdenver.edu.

The student’s statement to the Assistant Vice Chancellor of Student Health, Well-Being, and Advocacy should indicate the specific basis for the appeal, just as is required in the grievance process, and may include supporting documentation. The specific basis for appeals include:

• Procedural errors by the Disability Resources and Services staff, including during the grievance process, that impacted the interactive process and/or the determination of the requested accommodation(s)
• Information made available during the interactive process that was not adequately considered by Disability Resources and Services staff, including during the grievance process
• Factual or analytical errors in the written accommodation determination which impacted the determination of accommodation(s), including during the grievance process
• Other

The original grievance and associated information may also be shared with the Assistant Vice Chancellor of Student Health, Well-Being, and Advocacy to ensure thorough appeal review.

The Assistant Vice Chancellor of Health & Wellness Services will provide a written appeal decision to the student within ten (10) business days following submission of the appeal. This 10-day deadline may be extended at the discretion of the Assistant Vice Chancellor of Health & Wellness Services, upon written notice to the appealing student.

The decision of the Assistant Vice Chancellor of Student Health, Well-Being, and Advocacy is final and not subject to further appeals.

The Director of Disability Resources and Services can be reached at:

Hanna Lewis, Director
1201 Larimer St.
Student Commons Building, Suite 2116
Denver, CO 80217-3364

Voice: (303) 315-3510
Fax: (303) 315-3515

hanna.lewis@ucdenver.edu

Please Note: All grievances and appeals will be reviewed and considered based on information that was made available to DRS staff during the interactive process. Should new or additional information that may impact the accommodation, grievance, or appeal determination become available, the student will need to re-engage in the interactive process with the DRS staff member who evaluated the original accommodation request by submitting a supplemental accommodation request through Accommodate, or by emailing their DRS staff contact.

Additional Reporting Resources:

The above grievance procedure does not prevent a student from filing a complaint of discrimination on the basis of disability through CU Denver's Office of Equity, in compliance with CU Denver's Disability Accommodation Policy 4028 and CU Denver's Nondiscrimination Policy 3054. The student may choose to submit a complaint with the University's Office of Equity through the Discrimination Report Form while simultaneously engaging in the DRS Grievance Process. More information about the Office of Equity can be found here.

In addition to institutional grievance and appeal processes, the student may explore resources or file a complaint with government offices external to the university including, as applicable:

Office for Civil Rights, Denver Office
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582

U.S. Department of Justice (DOJ)
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section – 1425 NYAV
Washington, D.C. 20530

Equal Employment Opportunity Commission (EEOC)
Denver Field Office EEOC
303 E. 17th Avenue, Suite 410
Denver, Colorado 80203

U.S. Department of Housing and Urban Development (HUD)
Office of Compliance and Disability Rights Division
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, S.W., Room 5242
Washington, D.C. 20410