Policies and Procedures
Academic Accommodations Process
Academic Accommodations Process: Law School
Housing Accommodations Process
Academic Accommodations Process
The University Of Notre Dame’s Process For Students With Disabilities Requesting Reasonable Academic Accommodations
TABLE OF CONTENTS
This process concerning the requesting and implementation of reasonable academic accommodations applies to all students including undergraduate, graduate and professional students, with the exception of those enrolled in the Law School. The Law School utilizes a different process for requesting accommodations, and students with disabilities in the Law School may request academic accommodations in accordance with that process.
Academic accommodations may be provided in all academic arenas that contribute to students’ academic progress at the University including, but not limited to, classrooms and labs. The University recognizes that Graduate Students serve in a variety of roles within the University, including as Students, Teaching Assistants, Instructors, Research Assistants, etc., and the University aims to assist and help students in each of these different capacities.
Requesting Academic Accommodations
The University of Notre Dame is committed to providing equal educational opportunities for qualified students with disabilities. Accordingly, the University complies with federal and state laws and regulations, including the Americans with Disabilities Act of 1990, as amended (the “ADA”), and Section 504 of the Rehabilitation Act of 1973 (Section 504), and does not discriminate on the basis of disability in the administration of its education-related programs and activities.
The University is required to provide reasonable accommodations for only the known limitations of otherwise qualified students with disabilities. Thus, students with disabilities must register with the Sara Bea Student Accessibility Services Office (“Accessibility Services”) to qualify for reasonable academic accommodations. Upon receipt of a request for an academic accommodation, Accessibility Services will communicate as needed with the affected student, and not with family members or other third parties, about the request. Students with questions about this process should consult with the Sara Bea Accessibility Services staff.
Self-identification. Prior to any consideration of accommodations, a student must first register with Accessibility Services and provide appropriate documentation of the disability.
Determination of Disability. Sara Bea Accessibility Services staff (the “Sara Bea Staff”) reviews the documentation to determine if the student is a “qualified individual with a disability” under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Within ten (10) class days after providing appropriate and complete documentation of the disability, the student shall be notified in writing of the Sara Bea Staff’s determination, which is final. As used throughout this process, “class days” refers to all class days (Monday-Friday) from the first class day to the last class day, as reflected on the Registrar’s calendar, and does not include reading days or final examination days.
Initiation of Interactive Process / Intake Appointment. If the Sara Bea Staff determines that a student is a qualified individual with a disability, the student must meet with a staff member to discuss and request the reasonable accommodation(s) that the student may need. Because approved accommodations apply only to a student’s current courses or academic assignment, qualified students must request accommodations with Accessibility Services each semester. The University will not grant accommodations to students retroactively (i.e., for any academic work prior to this intake appointment). Students may not request accommodations directly from individuals other than the Sara Bea staff (such as an instructor, advisor, or Dean), and the University is not required to honor any accommodations that a student pursues without the approval of Accessibility Services if the Sara Bea staff later determines that the unauthorized accommodation would be unreasonable or inappropriate. Students may not request accommodations directly from individuals other than the Coordinator (such as an instructor, or Dean), and the University is not required to honor any accommodations that a student pursues without the approval of Accessibility Services if the Coordinator later determines that the unauthorized accommodation would be unreasonable or inappropriate.
Revising Accommodations. A qualified student who finds that approved accommodations do not adequately address all of the impacts of the student’s disability, or who encounters new or unanticipated challenges not addressed by the originally approved accommodations, should make an appointment with the Accessibility Services to explore whether additional or different accommodations may be needed.
Confidentiality. Accessibility Services will not share information about a student’s identity or disability with an instructor, advisor, Dean, or Director of Graduate Studies unless the student provides written consent. Although students may not request accommodations directly from instructors, a student may voluntarily elect to discuss with the instructor the nature of the student’s disability, the particular limitations posed by the disability, supplemental accommodations or learning aids, or other related issues.
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IMPLEMENTING ACCOMMODATIONS
The determination as to whether requested or necessary academic accommodations are reasonable generally results from an interactive process involving the student, Accessibility Services, the instructor, the academic advisor, the affected Dean(s) or program director, officials from Student Affairs and the Provost’s designee. These officials are responsible for determining whether the requested accommodations are reasonable within the context of the student’s academic program. Faculty shall not provide additional accommodations beyond those authorized by Accessibility Services.
A. Testing Accommodations
Testing accommodations are changes made in the administration of a test so as to remove barriers in the test-taking process that would otherwise prevent equal access to the evaluation process for a student with a disability. Testing accommodations may include, but are not limited to, extended time or taking an exam in an alternate location, outside of the classroom.
Request Testing Accommodations in AccessND. Students approved for testing accommodations by Accessibility Services must follow a two step process to request and receive testing accommodations each semester.
Step 1) Students must select the courses for which they want to request testing accommodations by using the Semester Request form in AccessND. Students are only able to select accommodations that have been approved by Accessibility Services. The Semester Request form must be submitted ten (10) class days before any quiz, test, or exam for which accommodations are being requested. Once the Semester request has been submitted a Testing Accommodation Letter will be automatically sent to the instructor(s) and will include information related to the accommodations, but not the student's disability. Instructors will respond to the notification in AccessND by either signing the Testing Accommodation Letter or contacting Accessibility Services to discuss concerns regarding the requested accommodation.
Step 2) Students may register for exams throughout the semester but must register for exams no later than 7 days ahead of time. If the instructor signs the Testing Accommodation Letter in AccessND, indicating their agreement that the testing accommodation is reasonable for the course, the student will be notified. The student must then communicate with the instructor to determine if the accommodations will be provided by the professor or at the Sara Bea Testing Center. Faculty will be notified multiple times and at least 5 days in advance that a student has registered to take an exam with Sara Bea and that an exam is needed. Exams need to be delivered (or uploaded to AccessND) by 3pm the day before the exam. If the exam is not received by that time, the student's exam will need to be rescheduled. The rescheduled exam, in format and content, should not disadvantage or penalize the student and the students should not be penalized for the rescheduling of the exam. The exam should be counted as on time. Sara Bea staff will alert the student(s) of the need to reschedule the exam and will notify the instructor of the new date/time for the exam. For exam security, faculty/instructors need to upload exams to AccessND or drop off physical exams to the Center by the 3:00 p.m. deadline. This program is only accessed by Sara Bea professional staff. The email address sarabeatesting@nd.edu is accessible to student proctors and is not fully secure.
Instructor’s Objection to Requested Testing Accommodations. If the instructor believes that one or more of the requested testing accommodations will fundamentally alter the nature of the course, the instructor should discuss those concerns with the Sara Bea Staff. If the situation remains unresolved and the instructor wishes to deny the accommodation, the instructor must provide reasons for denying the request, in writing, to the instructor’s Dean (or Dean’s designee) within five (5) class days of the instructor’s receipt of the Testing Accommodation Letter notification in AccessND. Consistent with Paragraph II.A.1, so long as the student requests the Testing Accommodation in AccessND at least ten (10) class days prior to the date of the quiz, test, or exam for which the accommodation is being requested, then the student will receive the reasonable accommodations identified by the Sara Bea Staff prior to the determination by the Dean (or Dean’s designee).
Dean’s Review of Requested Testing Accommodations. After reviewing the accommodation request and the instructor’s written reasons for denying the request, the Dean (or Dean’s designee) must consult with the Sara Bea Staff and may also consult with the instructor. If the Dean (or Dean’s designee) concludes that the student’s request is reasonable and will not fundamentally alter the nature of the course or program, the instructor must sign the Testing Accommodation Letter in AccessND. If the Dean agrees with the instructor, then the student and Accessibility Services office will be informed in writing that the request is being denied and of the reasons for the denial.
B. Non-testing Accommodations - Auxiliary Aids & Services
“Auxiliary aids and services” may include, but are not limited to, note-takers, sign language interpreters, and the provision of assistive software (e.g., text-to-speech software), Braille or large print materials. While the University regularly provides a wide variety of auxiliary aids and services to its qualified students with disabilities, it is not required to provide devices or services of a personal nature, such as personal attendants or readers for personal use.
Determination of Necessary Aids and Services. After meeting with qualified students and taking into account their needs and limitations, the Sara Bea Staff will determine each semester necessary auxiliary aids and services for qualified students on a case-by-case basis. A final or interim decision concerning whether to grant the requested auxiliary aids or services will be rendered within ten (10) class days of the office’s receipt of the request for accommodation.
Involvement of Instructor. There may be occasions where the Sara Bea staff must consult a student’s instructor or academic advisor to determine whether certain requested auxiliary aids and services are reasonable in the context of the essential standards of a course, academic program or related activity. In such cases, within ten (10) class days after the office’s receipt of the request for accommodation, staff will consult the student’s instructor concerning any auxiliary aids or services requested by the student. If the instructor wishes to deny the requested auxiliary aids or services, the instructor must provide the reasons for denying the request, in writing, to the instructor’s Dean (or Dean’s designee) within five (5) class days of the instructor’s receipt of notice of the need for accommodations.
Final Determination Authority. After reviewing the request for auxiliary aids and services and the instructor’s written reasons for denying the requests, the Dean (or Dean’s designee) must consult with the Sara Bea Staff and may also consult with the instructor. If the Dean (or Dean’s designee) concludes that the request is reasonable and will not fundamentally alter the nature of the course, then the Dean (or Dean’s designee) shall inform the student and Sara Bea Staff that the request is being approved. If the Dean agrees with the instructor, then the student and Sara Bea Staff will be informed in writing that the request is being denied and of the reasons for the denial.
C. Non-testing Accommodations - Academic Adjustments
“Academic Adjustments” are modifications to how students participate in courses or other academic endeavors. These modifications do not change academic standards; rather, they allow students to meet course or program requirements by giving qualified students equal access to the educational opportunities of the University. Academic adjustments may include (but are not limited to) course substitutions or alternative means of completing assignments (e.g., oral presentation versus a written paper, or extending a deadline). Academic adjustments for graduate students may include (but are not limited to) adjustments in research or lab requirements or alterations to roles as Teacher’s Assistants. These adjustments to courses, programs, or educational requirements shall be provided as necessary and appropriate to enable a qualified student with a disability to enjoy equal opportunity and access. However, adjustments will not be granted where they fundamentally alter the essential nature of a course or academic program, or result in an undue financial or administrative burden.
Requesting Academic Adjustments. Reasonable or appropriate academic adjustments will be implemented only with the approval of the appropriate academic officials, including but not limited to, the student’s instructor or advisor and, in appropriate circumstances, the affected Dean(s) (or designee(s)); the student’s program director; and/or the Director of the Center for Student Support and Care. Accordingly, after meeting with a qualified student and taking into account the student’s needs and limitations, Sara Bea Staff will consult within five (5) class days with the appropriate official(s) concerning any academic adjustments requested by the student.
Initial Evaluation of Requested Academic Adjustments. If Sara Bea Staff and other appropriate officials each agree that a requested academic adjustment is reasonable in the context of the essential standards of the student’s course, academic program or related activity, the student will be informed that the requested adjustment is granted. If Sara Bea staff or any of the other appropriate officials have concerns about whether the requested academic adjustment would fundamentally alter the essential standards of the student’s course, academic program or related activity, the student’s request for an adjustment shall be evaluated by a committee consisting of the Sara Bea Staff, the instructor, the affected Dean(s) (or designee(s)) and/or the student’s program director, and the Director of the Center for Student Support and Care.
Final Evaluation of Requested Academic Adjustments. The Sara Bea Staff shall convene this committee within ten (10) class days of the appropriate official’s receipt of the request from Accessibility Services for academic adjustment. If a temporary resolution is needed prior to the committee’s evaluation of the request, the Provost’s designee will make an interim decision. In any event, a final or interim decision must be rendered within ten (10) class days of the appropriate official’s receipt of the request for academic adjustment. If the committee agrees that the requested academic adjustment is reasonable in the context of the essential standards of the student’s course, academic program or related activity, the committee will inform the student that the requested adjustment is granted. If a committee determines that the requested academic adjustment would fundamentally alter the essential standards of the student’s course, academic program or related activity, or would otherwise be inappropriate, the committee members shall then inform the student and Sara Bea Accessibility Services in writing of their final decision denying the request, and of the reasons for the denial.
Grievance Process
Right to Grieve. A student who disagrees with Accessibility Services’ eligibility determination, the University’s final accommodation decision, or any other disability-related issues may file a grievance regarding those issues as outlined in the “Student Grievance Procedures Relating to Complaints Under the Americans with Disabilities Act and the Rehabilitation Act of 1973” found in du Lac.
Academic Accommodations Process: The Law School
The University Of Notre Dame Law School’s Process For Students With Disabilities Requesting Reasonable Academic Accommodations
Table of Contents
This process concerning the requesting and implementation of reasonable academic accommodations applies to all students of the University of Notre Dame Law School. All other students utilize a different process for requesting accommodations, and those disabled students may request reasonable academic accommodations in accordance with that process.
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Requesting Academic Accommodations
The University of Notre Dame is committed to providing equal educational opportunities for qualified students with disabilities. Accordingly, the University complies with federal and state laws and regulations, including the Americans with Disabilities Act of 1990, as amended (the “ADA”), and Section 504 of the Rehabilitation Act of 1973 (Section 504), and does not discriminate on the basis of disability in the administration of its education-related programs and activities.
The University is required to provide reasonable accommodations for only the known limitations of otherwise qualified students with disabilities. Thus, students with disabilities must register with the Sara Bea Student Accessibility Services Office (“Accessibility Services”) to qualify for reasonable academic accommodations. Upon receipt of a request for an academic accommodation, Accessibility Services will communicate as needed with the affected student, and not with family members or other third parties, about the request. Students with questions about this process should consult with the Sara Bea Student Accessibility Services.
Sara Bea Student Accessibility Services
Phone: 574-631-7157
Fax: 574-631-2133
Self-identification. Prior to any consideration of accommodations, a student must first register with Accessibility Services and provide appropriate documentation of the disability.
Determination of Disability. The Sara Bea Accessibility Services staff (the “Sara Bea Staff”) reviews the documentation to determine if the student is a “qualified individual with a disability” under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Within ten (10) class days after providing appropriate and complete documentation of the disability, the student shall be notified in writing of the Sara Bea Staff’s determination, which is final. As used throughout this Process, “class days” refers to all class days (Monday-Friday) from the first class day to the last class day, as reflected on the Registrar’s calendar, and does not include reading days or final examination days.
Initiation of Interactive Process / Intake Appointment. If the Sara Bea Student Accessibility Services office determines that a student is a qualified individual with a disability, the student must meet with the Sara Bea Staff to discuss and request the reasonable accommodation(s) that the student may need. Because approved accommodations apply only to a student’s current courses, qualified students must request accommodations with Accessibility Services each semester. The University will not grant accommodations to students retroactively (i.e., for any academic work prior to this intake appointment). Students may not request accommodations directly from individuals other than the Sara Bea Accessibility Services Office (such as an instructor, or Dean), and the University is not required to honor any accommodations that a student pursues without the approval of the Accessibility Services Office if it is later determined that the unauthorized accommodation would be unreasonable or inappropriate.
Revising Accommodations. A qualified student who finds that approved accommodations do not adequately address all of the impacts of the student’s disability, or who encounters new or unanticipated challenges not addressed by the originally approved accommodations, should make an appointment with Accessibility Services to explore whether additional or different accommodations may be needed.
Confidentiality. Accessibility Services may share information about a student’s disability with the designee of the Law School’s Dean, which may include the Director of Student Services (the “Designee”), if necessary for the student’s support. A student also may voluntarily elect to discuss with the Designee the nature of the student’s disability, the particular limitations posed by the disability, supplemental accommodations or learning aids, or other related issues.
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Implementing Accommodations
The determination as to whether requested or necessary academic accommodations are reasonable generally results from an interactive process that may involve the student, Accessibility Services, the Designee and, when appropriate, the instructor, the Dean or program director, the Provost’s designee and/or officials from Student Affairs. These officials are responsible for determining whether the requested accommodations are reasonable within the context of the student’s academic program.
Testing accommodations are changes made in the administration of a test so as to remove obstacles to the test-taking process that are imposed by the student’s disability. Testing accommodations may include, but are not limited to, flexibility in the setting where the test is to be taken, or flexibility in the scheduling of or time allotted for completing the test. In order to preserve the anonymity of the student requesting accommodations, a designee (the “Designee”) from the Law School will coordinate the implementation of these testing accommodations with Law School faculty.
Request for Testing Accommodations. Qualified students with disabilities are expected to meet with Accessibility Services to request testing accommodations as soon as possible at the start of each semester and, in any event, at least 20 class days prior to the implementation of the requested testing accommodation(s). Exceptions to this deadline, and any of the other deadlines applicable to students requesting testing accommodations, may be made only by Sara Bea Staff and only under exceptional circumstances. Sara Bea Staff shall discuss the accommodations requested by the student with the Designee. The Designee shall not provide additional accommodations beyond those described by Accessibility Services without first consulting with Accessibility Services.
Initial Response to Request for Testing Accommodations. Within five (5) class days after receiving the student’s request for testing accommodations, the Sara Bea staff (in consultation with the Designee) must inform the student of the status of the requested accommodation(s). If Accessibility Services informs the student that the requested testing accommodations have been approved, then the student must discuss and coordinate the implementation of the accommodation(s) with the Designee at least 10 class days prior to test(s) in question. If Accessibility Services informs the student that the accommodations have not yet been approved and are still under review, then the student will receive the reasonable accommodations identified by Accessibility Services if the following two conditions are met: (1) the student discusses and coordinates implementation of the accommodations with the Designee at least 10 class days prior to the test(s) in question; and (2) the Law School does not issue a final determination by the 5th class day prior to the test(s) in question.
Instructor’s Objection to Requested Testing Accommodations. Because of the Law School’s anonymous grading policy, the Designee, without divulging the identity of the student, may consult with the instructor about whether one or more of the requested testing accommodations will fundamentally alter the nature of the course. If the instructor believes any requested testing accommodation will fundamentally alter the nature of the course, the instructor should discuss those concerns with the Sara Bea Staff. If the situation remains unresolved and the instructor wishes to deny the accommodation, the instructor must provide reasons for denying the request, in writing, to the instructor’s Dean (or Dean’s designee) within five (5) class days of the instructor’s receipt of the request for testing accommodations from the Designee.
Dean’s Review of Requested Testing Accommodations. After reviewing the accommodation request and the instructor’s written reasons for denying the request, the Dean (or another designee of the Dean) must consult with Accessibility Services, and may also consult with the instructor and the Designee. If the Dean (or Dean’s designee) concludes that the student’s request is reasonable and will not fundamentally alter the nature of the course, then the Dean shall inform the Designee, the Accessibility Services office and the student that the requested accommodation has been granted. If the Dean (or Dean’s designee) agrees with the instructor, then the student and Accessibility Services will be informed in writing that the request is being denied and of the reasons for the denial. Consistent with Paragraph II.A.2, if the Dean’s (or designee’s) final decision is not communicated to the student at least five (5) class days prior to the implementation of the testing accommodation(s), then the student may be eligible to receive the testing accommodations identified by Accessibility Services.
B. Non-testing Accommodations - Auxiliary Aids & Services
“Auxiliary aids and services” may include, but are not limited to, note-takers, sign language interpreters, and the provision of assistive software (e.g., text-to-speech software), Braille or large print materials. While the University regularly provides a wide variety of auxiliary aids and services to its qualified students with disabilities, it is not required to provide devices or services of a personal nature, such as personal attendants or readers for personal use.
Determination of Necessary Aids and Services. After meeting with qualified students and taking into account their needs and limitations, Accessibility Services will determine each semester necessary auxiliary aids and services for qualified students on a case-by-case basis. A final or interim decision concerning whether to grant the requested auxiliary aids or services will be rendered within ten (10) class days of Accessibility Services receipt of the request for accommodation.
Involvement of Instructor. There may be occasions where the Sara Bea Staff or the Designee must consult a student’s instructor to determine whether certain requested auxiliary aids and services are reasonable in the context of the essential standards of a course, academic program or related activity. . In such cases, because of the Law School’s anonymous grading policy, the Designee will consult the student’s instructor, without divulging the identity of the student, within five (5) class days of the Designee’s receipt from Accessibility Services of the accommodation request concerning any auxiliary aids or services requested by the student. If the instructor wishes to deny the requested auxiliary aids or services, the instructor must provide the reasons for denying the request, in writing, to the instructor’s Dean (or Dean’s designee) within five (5) class days of the instructor’s receipt of notice of the need for accommodations.
Final Determination Authority. After reviewing the request for auxiliary aids and services and the instructor’s written reasons for denying the requests, the Dean (or Dean’s designee) must consult with Accessibility Services, and may also consult with the instructor and Designee. If the Dean (or Dean’s designee) concludes that the request is reasonable and will not fundamentally alter the nature of the course, then the Dean (or Dean’s designee) shall inform the student and Accessibility Services that the request is being approved. If the Dean agrees with the instructor, then the student and Accessibility Services will be informed in writing that the request is being denied and of the reasons for the denial.
C. Non-testing Accommodations - Academic Adjustments
“Academic Adjustments” are modifications to how students participate in courses. These modifications do not change academic standards; rather, they allow students to meet course requirements by giving qualified students equal access to the educational opportunities of the University. Academic adjustments may include (but are not limited to) course substitutions or alternative means of completing assignments (e.g., oral presentation versus a written paper, or extending a deadline). These adjustments to courses, programs, or educational requirements shall be provided as necessary and appropriate to enable a qualified student with a disability to enjoy equal opportunity and access. However, adjustments will not be granted where they fundamentally alter the essential nature of a course or academic program, or result in an undue financial or administrative burden.
Requesting Academic Adjustments. Reasonable or appropriate academic adjustments will be implemented only with the approval of the appropriate academic officials, including but not limited to, the student’s instructor and, in appropriate circumstances, the affected Dean(s) (or designee(s)) and/or the Designee, and the Director of the Center for Student Support and Care . Accordingly, after meeting with a qualified student and taking into account the student’s needs and limitations, Sara Bea Staff will consult within five (5) class days with the appropriate official(s) concerning any academic adjustments requested by the student. Because of the Law School’s anonymous grading policy, the student’s identity will not be divulged during any such meeting. In these cases, a representative of the Law School may be designated for purposes of consulting with the student’s instructor(s).
Initial Evaluation of Requested Academic Adjustments. If Accessibility Services and other appropriate officials each agree that a requested academic adjustment is reasonable in the context of the essential standards of the student’s course, academic program or related activity, the student will be informed that the requested adjustment is granted. If the Accessibility Services Office or any of the other appropriate officials have concerns about whether the requested academic adjustment would fundamentally alter the essential standards of the student’s course, academic program or related activity, the student’s request for an adjustment shall be evaluated by a committee consisting of Sara Bea staff, the instructor, the affected Dean(s) (or designee(s)) and/or the Designee and, if needed, the Director of the Center for Student Support and Care.
Final Evaluation of Requested Academic Adjustments. The Sara Bea staff shall convene this committee within ten (10) class days of the appropriate official’s receipt of the request from Accessibility Services for academic adjustment. If a temporary resolution is needed prior to the committee’s evaluation of the request, the Provost’s designee will make an interim decision. In any event, a final or interim decision must be rendered within ten (10) class days of the appropriate official’s receipt of the request for academic adjustment. If the committee agrees that the requested academic adjustment is reasonable in the context of the essential standards of the student’s course, academic program or related activity, the committee will inform the student that the requested adjustment is granted. If the committee determines that the requested academic adjustment would fundamentally alter the essential standards of the student’s course, academic program or related activity, or would otherwise be inappropriate, the committee members shall then inform the student of their final decision denying the request, and of the reasons for the denial.
Right to Grieve. A student who disagrees with the Accessibility Services Office’s eligibility determination, the University’s final accommodation decision, or any other disability-related issues may file a grievance regarding those issues as outlined in the “Student Grievance Procedures Relating to Complaints Under the Americans with Disabilities Act and the Rehabilitation Act of 1973” found in du Lac.
Student Grievance Procedure
Relating to Complaints under the Americans with Disabilities Act and the Rehabilitation Act of 1973
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Purpose And Scope
The University of Notre Dame is committed to providing equal educational opportunities for qualified students with disabilities. Accordingly, the University complies with federal and state laws and regulations, including the Americans with Disabilities Act of 1990, as amended (the “ADA”), and Section 504 of the Rehabilitation Act of 1973 (Section 504), and does not discriminate on the basis of disability in the administration of its education-related programs and activities.
Any University of Notre Dame student who disagrees with, or believes that he or she has been subjected to discrimination on the basis of disability as a result of, an adverse eligibility determination and/or the denial of access to services or accommodations by the Sara Bea Accessibility Services office (“Accessibility Services”), has the right to seek a review of such concerns in accordance with this Procedure.* Such students have the option of pursuing an informal resolution in accordance with Section II below. If the outcome of the informal process is not satisfactory, then the students may initiate a formal grievance. Requests for review of an adverse determination, whether through the informal resolution process or as a formal grievance, must be submitted and pursued only by students and not by family members or other third parties acting on their behalf.
*Students who wish to report an incident of discriminatory harassment based on disability may report to the Office of Community Standards (574-631-5551 or ocs@nd.edu) for incidents involving a student, and the Office of Institutional Equity (574-631-0444 or equity@nd.edu) for incidents involving a faculty or staff member.
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Informal Resolution
Prior to initiating the formal grievance procedure described below, the student should discuss their questions and concerns with Accessibility Services staff. If the student still believes he or she has been subjected to discrimination following this discussion, the student must then attempt to informally resolve the concern by consulting with the Director of the Center for Student Support and Care (248 Flanner Hall, Notre Dame, IN 46556, (574) 631-7833, mmorgan2@nd.edu). The student may also consult with a member of the Sara Bea Accessibility Services office at this point for advice concerning the student’s position, and on the grievance process if necessary. At the conclusion of this informal consultation regarding the student’s grievance, the Director of the Center for Student Support and Care will inform the student, in writing, of his or her efforts to resolve it and the student’s right to file a formal grievance in the event the student remains unsatisfied. The student may then submit a formal, written grievance to the Office of Institutional Equity in accordance with Section III below.
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Formal Grievance
After attempting to resolve any concerns through the informal resolution process, the student may file a formal, written grievance with the Office of Institutional Equity (100 Grace Hall, Notre Dame, IN 46556, (574) 631-0444, equity@nd.edu) within 60 calendar days after the student becomes aware of the adverse decision.
Because the University’s review of formal grievances is limited in nature and intended to ensure that the University’s policies and processes were followed, students must establish in their written submission that their formal grievance is based on one of the following grounds for review:
(1) specifically identified irregularities in the accommodations process or procedural errors that substantially affected the determination by the Sara Bea Accessibility Services office to the detriment of the grievant, or
(2) a failure to consider appropriate information that substantially affected the determination of the Sara Bea Accessibility Services office to the detriment of the grievant.
Mere dissatisfaction with a determination of the Sara Bea Accessibility Services office is not grounds for a formal appeal. If, after the Sara Bea Accessibility Services office makes its initial determination, new evidence or information becomes available which may have substantially affected the initial determination, such information should first be addressed through the appropriate accommodations process, or the informal resolution process above. A formal grievance must be directed only to issues and evidence that the Sara Bea Accessibility Services office considered (or failed to consider) as part of its initial determination.
The student’s written grievance must include the following information: (1) the name,address, email address, and phone number of the student-grievant; (2) a fact-specific description of the alleged discrimination or adverse determination, including the dates of the discrimination or determination, and other relevant background information; (3) the names of the individuals or offices responsible for the alleged discrimination or adverse determination; (4) as noted above, the specific, permissible ground(s) upon which the grievance is based; (5) the relief sought (if known); and (6) whether the student requires any accommodations (such as the provision of materials in an alternative or accessible format) to participate in this grievance procedure. The Office of Institutional Equity will review the grievance solely to determine whether it involves an academic issue or a non-academic issue. If the Office of Institutional Equity determines that the grievance involves the denial of an academic accommodation or another academic issue, it shall forward the grievance within five class days of receiving it to the Office of the Provost for review and resolution. As used throughout this grievance procedure, “class days” refers to all class days (Monday-Friday) from the first class day to the last class day, as reflected on the Registrar’s calendar, and does not include reading days or final examination days.
If the Office of Institutional Equity determines that the grievance involves non-academic issues, it shall forward the grievance within five class days of receiving the grievance to the Vice President for Student Affairs for review and resolution.
IV. Review And Decision
Appropriately filed formal grievances shall be reviewed, investigated and resolved by the Provost or the Vice President for Student Affairs, or their respective designees. For purposes of this grievance procedure, a “designee” is defined as any designee of the Provost or Vice President for Student Affairs who was not involved in the initial decision that gave rise to the student’s grievance. The purpose of the review conducted by the Provost or the Vice President for Student Affairs is to ensure that the University’s policies and processes were followed and, where they were not followed, to address any resulting consequences and take appropriate corrective action. For the purpose of this review, the decision-maker shall provide reasonable accommodations as requested in the grievance (including, where requested, the provision of materials in an accessible format).
A. Academic Grievances
Upon receipt of the grievance from the Office of Institutional Equity, the Provost (or
designee) must confirm (i) that the grievance involves the denial of an academic accommodation or another academic issue, (ii) that any student grieving the denial of an academic accommodation has fully exhausted all other options under the applicable Academic Accommodations Process, and (iii) that the student has exhausted the above informal resolution process. The Provost (or designee) must then take one of three actions:
- If the Provost (or designee) concludes that the grievance does not involve an academic accommodation or another academic issue, the Provost (or designee) shall forward the grievance within five class days of its receipt of the grievance to the Vice President for Student Affairs for review and resolution.
- If the Provost (or designee) concludes that the student has not exhausted all options under the applicable Academic Accommodations Process and/or the informal resolution process, the Provost shall deny the grievance (without prejudicing the student’s right to later refile the grievance) and inform the student of the need to exhaust all remaining options under the applicable accommodations process, and/or the information resolution process, before refiling.
- If the Provost (or designee) concludes that the grievance involves the denial of an academic accommodation or another academic issue, that the student has exhausted all options under the applicable Academic Accommodations Process, and that the student has exhausted the informal resolution process, then the Provost (or designee) shall promptly review, investigate, and resolve the student’s grievance, as follows:
- When investigating a grievance, the Provost (or designee) may consult with, interview and/or request a written response to any issues raised in the grievance from any individual believed to have relevant information, including faculty, staff, and students.
- Within 20 class days following the receipt of the grievance by the Office of the Provost, the Provost (or designee) must prepare and submit to the student and to the individual(s) against whom the grievance is directed a final written report containing a summary of any investigation, findings and conclusions, and a proposed disposition.
- The Provost (or designee) shall promptly implement the proposed disposition where possible and may provide the final report to any University official who may have a legitimate need to know of the proposed disposition.
- The Provost (or designee) shall send a copy of the final report and all other records related to the case to the Office of Institutional Equity.
The decision of the Provost (or designee) is final, and may not be appealed.
- Non-Academic Grievances
Upon receipt of the grievance, the Vice President for Student Affairs (or designee) must confirm that (i) the grievance involves non-academic issues, (ii) that any student grieving the denial of a non-academic accommodation has fully exhausted all other options under the applicable accommodations process, and (iii) that the student has exhausted the above informal resolution process. The Vice President for Student Affairs (or designee) must then take one of three actions:
- If the Vice President for Student Affairs (or designee) concludes that the grievance involves the denial of an academic accommodation or another academic issue, the Vice President shall forward the grievance within five class days of receiving the grievance to the Office of the Provost for review and resolution.
- If the Vice President for Student Affairs (or designee) concludes that the student has not exhausted the applicable accommodations process or the informal resolution process, the Vice President of Student Affairs shall deny the grievance (without prejudicing the student’s right to later refile the grievance) and inform the student of the need to exhaust all remaining options under the applicable accommodations process, and/or the information resolution process, before refiling.
- If the Vice President for Student Affairs (or designee) concludes that the grievance involves non-academic issues, that the student has exhausted all options under the applicable accommodations process, and that the student has exhausted the informal resolution process, then the Vice President for Student Affairs (or designee) shall promptly review, investigate, and resolve the student’s grievance, as follows:
- When investigating a grievance, the Vice President for Student Affairs (or designee) may consult with, interview and/or request a written response to any issues raised in the grievance from any individual believed to have relevant information, including faculty, staff, and students.
- Within 20 class days following receipt of the grievance, the Vice President for Student Affairs (or designee) must prepare and submit to the student, and to the individual(s) against whom the grievance is directed, a final written report containing a summary of any investigation, findings and conclusions, and a proposed disposition.
- The Vice President for Student Affairs (or designee) shall promptly implement the proposed disposition where possible and may provide the final report to any University official who may have a legitimate need to know of the proposed disposition.
- The Vice President for Student Affairs (or designee) shall send a copy of the final report and all other records related to the case to the Office of Institutional Equity.
The decision of the Vice President for Student Affairs (or designee) is final, and may not be appealed.
V. DEADLINES
The deadlines in this grievance procedure may be extended upon written notice to the student-grievant for good cause shown (such as an inability to contact relevant parties, obtain relevant information, etc.), and will typically be extended when they fall during or after a University break period (e.g., summer break, Christmas break, etc.).
VI.RECORD-KEEPING
The Office of Institutional Equity shall maintain records of the processing of each grievance filed under this procedure. These records shall reflect, and the Office shall maintain a list that includes, at a minimum, the following information for each grievance: the subject matter of the grievance; the date it was filed; the date notice of the grievance was provided to the appropriate decision-maker; whether any individual involved requested, or was provided, any accommodations (including the provision of materials in an alternate or accessible format); a summary of the decision-maker’s final disposition; the date the disposition was issued; and the reason(s) for any delays. These records shall be treated as confidential and shall not be shared except with those individuals with a legitimate need to know.
VII.NON-RETALIATION
No person shall be subjected to retaliation for having utilized or having assisted others in the utilization of this grievance procedure.
Housing Accommodations Process
The University of Notre Dame’s Process For Students With Disabilities Requesting Reasonable Housing Accommodations
Section I. Introduction
The residential life experience at Notre Dame is as fundamental a part of the University’s educational experience as coursework and extracurricular activities. The underpinning of this philosophy is derived from the University’s mission statement, which provides in part:
The University encourages a way of living consonant with a Christian community and manifest in prayer, liturgy and service. Residential life endeavors to develop that sense of community and of responsibility that prepares students for subsequent leadership in building a society that is at once more human and more divine.
Life in a residence hall is particularly distinctive because of the extraordinary formation that happens by virtue of the rich foundation and framework it offers to all students who experience it. Living in community supports students’ formation as they deepen their faith, cultivate moral virtues, develop healthy relationships, become servant leaders, and reflectively and prayerfully discern their future.
The single-sex, mixed-class, stay-hall system featuring modest-sized halls are critical elements of the residential model as is student participation in the halls. In fact, the model flourishes when members of each class year are active participants in the hall, with upperclassmen poised to model servant leadership and character formation and underclassmen benefiting from the guidance of their peers in preparation to pass on their knowledge in the years ahead.
Because residence halls are a “point of entry” for introduction into the broader University culture, first-year students are required to live on campus in residence halls and are randomly assigned at least one roommate. This practice encourages first-year students to develop a shared sense of responsibility and to cultivate a capacity to live with people of all backgrounds. It also helps students to develop points of connection within their residence hall; to utilize support, help, and resources for themselves and others by consulting with hall staff; to resolve differences; to demonstrate ownership and accountability for their behavior; and to grow as active participants and leaders in a Christian community.
Sophomore, juniors and seniors can make more choices about their living arrangements, and are eligible to select their roommate(s) along with the rooms and sections where they live through a “room picks” process based on seniority and lottery numbers, as determined and communicated by Residential Life.
The intentional structure of residential life, particularly for first-year students, is designed to promote faith and human formation, community building, and leadership development, all of which are essential to the overall educational experience at Notre Dame.
Students requesting housing accommodations should note that each hall has a limited number of single rooms, or “singles.” Singles are in high demand, and are typically reserved for seniors who have chosen to live on-campus, and at times may be available to other upper class students based on seniority. Because first-year students are randomly assigned to live with at least one roommate, the University will not assign first-year students to live in singles. Moreover, while each hall has common study space and kitchen space available for residents’ use, the residence halls are not intended to be the primary place for students to study or prepare food on campus.
Additional information concerning community life at the University is available at https://residentiallife.nd.edu/undergraduate/community-life/.
The University of Notre Dame supports the inclusion of students with disabilities in its on-campus residential facilities and programs. The University recognizes the importance of providing reasonable accommodations in its residential life policies and practices where necessary for students with disabilities to use and enjoy the University’s residence halls. However, as explained more fully below, the University may be unable to grant certain accommodation requests, such as those that would fundamentally alter the nature of the University’s Residential Life policies or practices, or those that are otherwise unreasonable (as defined below). This document explains the procedures by which students must request reasonable accommodations in University housing, and by which those requests are considered and ultimately resolved by the University.
Section II. Procedure for Requesting Reasonable Housing Accommodations
The University is required to provide reasonable accommodations for the limitations of qualified students with disabilities. The Sara Bea Accessibility Services Office (“Accessibility Services”) is responsible for evaluating whether to grant or deny requests for reasonable accommodations in the University’s residence halls. In evaluating requests for housing accommodations, Accessibility Services will consult with other University officials, as well as the student’s qualified health professional or other reliable third party, as necessary, to determine whether the requested accommodation is necessary and, if so, whether the University can reasonably approve it.
Students with disabilities who reside or intend to reside in University housing and believe they will need a reasonable housing accommodation must initiate a request in accordance with the following steps:
A. Requesting a Housing Accommodation Through AccessND
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- Students with disabilities must submit a request for a housing accommodation through the AccessND system to Sara Bea Accessibility Services. Upon receipt of a request for a housing accommodation, Accessibility Services will communicate as needed with the affected student (and not with family members or other third parties) about the request.
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- Requests for housing accommodations must be submitted to Sara Bea Accessibility Services by the deadlines stated on the following website: https://residentiallife.nd.edu/. Requests received after these deadlines will be considered but cannot be guaranteed. Other requests not related to the type of hall or room may be submitted at any time.
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- If the need for a housing accommodation arises when a student already resides in University housing, the student must contact Accessibility Services to submit a request through AccessND for the accommodation as soon as practicable. The University cannot guarantee that it will be able to provide the needed accommodation during the semester in which the request is received.
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- Students may not request accommodations from individuals other than those in Accessibility Services (such as from a rector), and the University is not required to honor any accommodations that a student pursues without the approval of Accessibility Services if Sara Bea Staff later determines that the unauthorized accommodation would result in a fundamental alteration of a University policy, program or activity, or would otherwise be inappropriate.
B. Information Needed To Support Requests for Housing Accommodations
Accessibility Services shall only request from a student information needed to verify whether the student making the request has a disability and, if so, to evaluate whether the requested accommodation is necessary to provide the student an equal opportunity to use and enjoy University housing or to evaluate if a student’s request for exemption is a necessary accommodation.
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- If the student’s disability or need for a housing accommodation is not obvious, Accessibility Services will require the student to provide information from a qualified treating health professional or other reliable third party who can verify, as needed, that the student has a disability and/or that the requested accommodation is necessary to provide the student an equal opportunity to use and enjoy University housing. This information will also verify, as needed, that the student’s disability is not able to be accommodated effectively in University Housing.
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- A qualified treating health professional or other reliable third party is someone who has treated the student for the disability and understands the student’s need for the requested accommodation. This may include, but is not limited to, a medical doctor, psychologist, psychiatrist or other medical or mental health professional. Family members are not considered a qualified treating health professional.
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- If the medical documentation from the qualified health professional or other reliable third party lacks sufficient information for Accessibility Services to determine whether the student has a disability or whether a requested accommodation is necessary, Accessibility Services will inform the student in writing of the verification’s insufficiency and may request additional information, including speaking directly with the treating health professional or reliable third party. In the event the University determines it is appropriate to obtain a second professional opinion concerning the nature and scope of a student's condition or the need for a possible accommodation, the University will bear the cost of obtaining the second opinion.
- The student making the request for an accommodation must cooperate with Accessibility Services by providing in a timely manner all information needed to determine whether the requested accommodation is necessary
C. Determination of Reasonableness
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- Students who request the accommodations listed above by the applicable deadline will receive a written response to their request from Accessibility Services, but such responses are generally provided only after the applicable deadline for requesting accommodations has passed. Accessibility Services will provide a response to all other accommodation requests, typically within fourteen (14) business days of receiving the required information described in Section B above.
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- Accessibility Services shall consult with Residential Life, the University Counseling Center, University Health Services, and other University officials, as well as the student’s treating health professional or reliable third party, as necessary, to determine whether the requested accommodation is necessary and, if so, whether it is reasonable.
D. Approval of Accommodation
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- If Accessibility Services determines that a requested accommodation is necessary and is not unreasonable, it will typically notify the student in writing of its determination. If necessary, Accessibility Services will arrange a meeting with the student to discuss the implementation of the accommodation.
E. Denial of Accommodation/Appeal
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- Accessibility Services may deny the requested accommodation if it is not necessary, or if it is deemed unreasonable by the University. If Accessibility Services determines a requested accommodation is necessary but unreasonable, Accessibility Services will notify the student in writing of its determination and engage in an interactive process with the student to determine if there are reasonable alternative accommodations that might effectively meet the student’s disability-related needs.
- An accommodation is “unreasonable” if it: (1) fundamentally alters the nature of any University programs, including its housing policies, procedures, or practices; (2) imposes an undue financial and/or administrative burden; (3) poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including University property; and/or (4) is otherwise unreasonable to the operation of the University.
- If the student is unwilling to accept any alternative accommodation offered by Accessibility Services or if there are no alternative accommodations available, Accessibility Services will provide a verbal explanation and written notification to the student of the denial, the reasons for the denial, and the student’s right to grieve the decision in accordance with the University’s grievance procedure for students with disabilities, which is available at:
sarabeadisabilityservices.nd.edu/policies/student-grievance-policy/.
F. Confidentiality and Recordkeeping
In processing requests for reasonable accommodations, the University will take all steps required by applicable law to protect the confidentiality of any information or documentation disclosed in connection with the requests. Such measures may include, where appropriate, limiting access to the University officials involved in either responding to requests for accommodation or implementing approved accommodations. Such individuals will disclose information only to the extent necessary to determine whether the request is unreasonable, whether it may be granted, and to implement any approved accommodation, keeping all written requests and accompanying documentation in a secure area to which only those designated individuals have access, except as otherwise required or permitted by law or University policy.
G. Non–Retaliation
The University of Notre Dame will not retaliate against any qualified student with a disability because that student has requested or received a reasonable accommodation in University Housing.