Appeals Process

Review

After an Accommodation Specialist denies a student’s request for an accommodation, the student may seek a review by the Director of SDS (or their designee) of the Accommodation Specialist’s decision by emailing SDS@du.edu within five (5) Business Days of the date of the Accommodation Specialist’s written decision. The Director of SDS (or their designee) will schedule an in-person or virtual meeting for the review. If the student wishes to appeal the decision of the Director (or designee) after the review, the student has five (5) Business Days from the date of the written decision of the Director (or designee) to submit an appeal.

Appeal

If the student does not engage in the review process set forth above, the student has five (5) Business Days from the date of the accommodation decision to submit an appeal of the denial of an accommodation request. If a student engages in the review process set forth above, the student has five (5) Business Days from the date of the written decision of the review to submit an appeal. To file an appeal, a student must email the Dean of Students at dosoffice@du.edu, stating that they are appealing the SDS decision and identifying and providing support for one or more of the following bases for the appeal: 

1. procedural errors by SDS that materially impacted the interactive process and/or the SDS’s determination to deny the requested accommodation(s); 

2. information made available during the interactive process that was not adequately considered by SDS; 

3. factual or analytical errors that materially impacted the denial of the requested accommodation(s); or 

4. the SDS Accommodation Specialist had a conflict of interest or bias against the student that materially impacted the interactive process and/or SDS’s determination to deny the requested accommodation(s). 

Mere disagreement with the decision is not an appropriate reason for an appeal. The student has the burden of proof for the appeal. The student may submit any additional documentation that they wish to be considered during the appeal process. However, if the student submits new documentation with their appeal that was not previously shared with SDS, then the Dean of Students will provide the documentation and the other materials submitted to the Accommodation Specialist who made the initial decision. Upon receiving the appeal, the Dean of Students or their designee will review the initial accommodation request and documentation, as well as all additional material submitted with the formal appeal. The Dean of Students or their designee will issue a decision on the appeal within ten (10) Business Days of receiving the appeal. The Dean of Students or their designee may request more time to review the appeal and the student will be notified of the additional time needed. The Dean of Students or designee may either affirm the original decision or overturn the original decision and send the accommodation request back to SDS to renew the interactive process. The decision of the Dean of Students or designee on the appeal is final with no further avenue for an appeal of that accommodation request. The appeal process for an SDS decision regarding an accommodation request is distinct from the process for filing a report or complaint of disability-related discrimination or harassment.