Complaint
This process was established to comply with the Americans with Disabilities Act (“ADA”)/Section 504 mandate to “provide for prompt and equitable resolution of complaints alleging any action that would be prohibited.” If an individual has been denied an accommodation that they requested and would like to appeal the denial, the individual may file a complaint through the process detailed below. During the complaint process an individual should continue to fulfill academic requirements until a final determination has been provided.
A faculty or staff member who is asked to implement an approved accommodation for an individual but does not agree with DR’s determination, may also utilize the Disability Resources Complaint Process. A faculty or staff-initiated complaint cannot delay the implementation of an accommodation which Disability Resources (“DR”) believes to be in compliance with ADA – Section 504.
Any individual who requires an accommodation to participate in the Disability Resources Complaint Process may request that accommodation by contacting Disability Resources. The contact information for DR is shown at the bottom of this screen.
Step 1.
If informal discussions with appropriate university personnel have not resolved the issue, the individual shall submit a written or recorded complaint to the Assistant Director of Disability Resources (the “Assistant Director”) or their designee no later than twenty (20) working days of notification of the accommodation or its denial.
The complaint shall include the reason for the appeal as well as any additional information the individual would like to submit regarding the disability-related need for the accommodation.
Step 2.
The Assistant Director shall meet with the individual within seven (7) working days of the receipt of the complaint.
During the discussion with the Assistant Director, or designee, the individual should be prepared to explain why the denied accommodation is needed to address the current impacts of their disability at NAU (having received an accommodation from a previous institution or in the K-12 system is not in itself a sufficient basis). If the individual is objecting to the approval of an accommodation, they should be prepared to explain the basis for their objection.
The Assistant Director, or designee, will make a decision regarding the individual’s appeal within five (5) business days. The Assistant Director’s decision will be in writing and will be sent to the individual’s NAU email address. If through the appeal process the accommodation is granted, then the accommodation will be granted moving forward. Accommodations are not retroactive.
Step 3.
If the individual feels that anyone in Disability Resources failed to follow the published procedure relating to the evaluation of requests for disability accommodation, the individual may file an appeal with the Director of Disability Resources/ADA Coordinator within ten (10) business days of the Assistant Director’s determination. This is the final step – the decision of the Director/ADA Coordinator is the university’s final determination on the matter of due process.
In order to appeal, the individual must provide the Director/ADA Coordinator with information that the individual believes demonstrates that an employee in Disability Resources failed to follow the university’s published procedure during the disability accommodation process. The Director/ADA Coordinator will review and address any appeal alleging that the Assistant Director, Disability Resources or other Disability Resources’ employee failed to provide due process. In addressing a due process related appeal, the Director/ADA Coordinator may interview, consult with, and/or request a written response to the issues raised in the appeal from any individual the Director/ADA coordinator believes might have relevant information. The Director/ADA Coordinator will make a decision about a Due Process Appeal within seven (business) days and communicate the decision electronically to the NAU email address or email address on record with NAU, as applicable. Should additional time be necessary, Director/ADA Coordinator will notify the individual and the Assistant Director, Disability Resources in writing. You may file an appeal relating to due process by emailing DR@nau.edu.
Please note that having new information or documentation is not a ground for appeal. If a person has new information for Disability Resources to review, the person may submit any new information directly to Disability Resources.
Contact Information
Disability Resources
Disability Resources
P.O. Box 5633
Flagstaff, AZ 86011-5633
Health and Learning Center (Building 25), Room 2050