Appeal Hearing for a Disability Concern

If a student has a Disability Services concern, please make an appointment with the Director of Disability Services to attempt to resolve the matter. If the matter is not resolved after the meeting with the Director, please refer to the following appeal process:

 

Where a resolution cannot be reached informally, a student who believes the College is not in compliance with the applicable law(s) regarding disability issues may request an Appeal Hearing for a Disability Concern by submitting a written request to the Vice President of Academic Affairs. The written request must be submitted within ten business days after the grievant directly contacted the appropriate person to attempt an informal resolution. It should include the rationale for the grievance as well as any significant information relevant to the appeal. Alternative methods of communication, such as a personal or telephone interview, email, or digital recording, are also acceptable to accommodate an individual’s disability. The types of claims that will be reviewed within these grievance procedures include: 1) disputes as to the nature or adequacy of the reasonable accommodations to be provided; and 2) disputes as to whether reasonable accommodations have been provided consistent with the agreement of the involved parties.

An Appeal Hearing for a Disability Concern will be scheduled at which the student may present his/her grievance(s) before the hearing panel. Appeals hearings are conducted by a three (3) person panel made up of faculty and staff from the College designated by the Office of Academic Affairs. An appeal hearing for a Disability Concern is not available for students seeking to appeal a decision to place a student on an involuntary leave of absence. A student seeking to appeal such a decision may invoke the Appeals Process in the Involuntary Leave of Absence Policy. The student has the right to be assisted by a MSMC campus advisor who is not directly involved in the Appeal Hearing. The campus advisor must be a full-time MSMC employee, who is acting in his/her role as a MSMC employee. The campus advisor may be present to advise only and may not participate. Advisors who interfere with the proceedings can be excused by the hearing panel. During the course of the resolution of a grievance, the hearing panel may call upon additional persons or request additional evidence it believes may be helpful in finding a suitable resolution.

After the meeting, the appeal panel will deliberate and make its written recommendation to the President or his/her designee, whose decision is final. The student will be notified of the President’s decision within 30 days of the hearing, absent extraordinary circumstances. If the grievance involves a dispute regarding the conduct or the requirements of a course, or of an academic program, a copy of the written decision issued by the President will be provided to the Vice-President for Academic Affairs, the chair of the division responsible for the affected course or academic program, and, when applicable, to the instructor responsible for the course. Disability Services will make appropriate arrangements to ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. A student who makes use of the grievance procedure shall not be retaliated against for doing so. The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the US Department of Education, Office for Civil Rights.