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 D.R.’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 or the Equity and Access Office for assistance. The contact information for both offices is shown at the bottom of this screen.
If informal discussions with appropriate university personnel have not resolved the issue, the individual shall submit a written or recorded complaint to the Director of DR (the “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.
The Director shall meet with the individual within seven (7) working days of the receipt of the complaint.
During the discussion with the DR 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 are to implement they should be prepared to explain the basis for their objection.
The Director, or designee, will make a decision regarding the individual’s appeal within five (5) business days. The 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.
If the individual still feels the issue is not resolved, the individual may then file an appeal with the Associate Vice President, Equity and Access Office within ten (10) business days of the Director’s determination. This is the final step – the decision of the EAO AVP’ or their designee is the university’s final determination on the matter.
In order to appeal at this level, the individual must provide the EAO AVP with:
- New information that was not provided to the D.R. Director, or
- Information that the individual believes shows they were not provided with due process by the D.R. Director.
The EAO AVP or their designee, will review and address the matter. In undertaking a review of the complaint, the EAO AVP may interview, consult with, and/or request a written response to the issues raised in the complaint from any individual they believe to have relevant information.
The EAO AVP or designee will make a decision regarding individual’s appeal within seven (7) business days. The EAO AVP’s decision will be in writing and will be sent to the individual’s NAU email. (If the individual does not have an NAU email then to the provided email.) If through the appeal process the accommodation is granted, it will be granted moving forward. Accommodations are not retroactive. Should additional time be necessary, the EAO AVP will notify the individual and the D.R. Director in writing.
P.O. Box 5633
Flagstaff, AZ 86011-5633
Health and Learning Center (Building 25), Room 2050
Associate Vice President, Equity and Access Office
P.O. Box 4083
Flagstaff, AZ 86011-4083
Old Main (Building 10), Room 111