Grievance Procedure

The procedures below describe the grievance procedures concerning accommodations for students with disabilities registered at Simmons College, which includes the College of Arts and Sciences (Undergraduate and Graduate), School of Management, School for Health Sciences, Graduate School of Library and Information Science, and the School of Social Work.

This grievance procedure is intended to address student concerns over perceived discrimination or denial of accommodation. Students must follow the official procedure for requesting accommodations as outlined in the Accommodation Procedure. If a student has not followed the official procedure by submitting documentation, registering with the Disability Services Office, and completing a Student Academic Accommodation Request form (see an example Accommodation Request Form) for each class in which accommodations are being requested, a grievance may not be given full consideration. Faculty members are not obligated to provide any accommodation to a student without the required forms.

Grievance of Accommodation Determination

Step One

If you have met with the ADA Compliance Officer / Director of Disability Services and you disagree with the type or level of accommodation that you have been approved for, you should discuss the matter directly with the ADA Compliance Officer / Director of Disability Services.

Step Two

If, after your discussion, you still feel that you either do not understand why you were not approved for certain accommodations, or that the accommodations were not the appropriate form, you should request a written explanation for the decision. This request should be made in writing. With 72 hours of a request, the ADA Compliance Officer / Director of Disability Services will provide a student with written notice of why a requested accommodation is not approved, 3 business days barring any situation in which the Coordinator is on extended absence. In that situation, the request should be submitted to the Director of the Academic Support Center, who will attempt to resolve the matter within 5 business days.

Step Three

If a student disagrees with the written explanation of the decision of the ADA Compliance Officer / Director of Disability Services regarding academic or non-academic accommodations, the student may request reconsideration of the decision as follows:

  • In the event that the student does not accept the initial decision of the ADA Compliance Officer / Director of Disability Services, he or she will provide a written explanation and request for reconsideration to the ADA Compliance Officer / Director of Disability Services.
  • To the extent relevant, the ADA Compliance Officer / Director of Disability Services also may request other individuals (faculty members or administrators) for their views (for example, in the case where an accommodation was denied on the grounds that it would compromise the essential requirements of a course or program, see Suggested Guidelines for Determining Essential Components of a Course or Program).
  • To the extent relevant, the ADA Compliance Officer / Director of Disability Services also may request additional medical documentation or an independent medical opinion on the request for accommodation, or gather any information pertinent to the request for reconsideration.
  • The ADA Compliance Officer / Director of Disability Services will attempt to resolve the issue based on original and additional information. Policies concerning confidentiality prohibit the distribution of primary clinical documentation to anyone outside of the Disability Services Office without written permission from the student.

Step Four

If the above does not produce agreement, the student may appeal in writing to the Simmons College Office of the General Counsel who has responsibility for ensuring that the University's policies and procedures comply with Federal, State and University requirements, including Section 504 of the Rehabilitation Act of 1973. The student's written appeal must be accompanied by completed Appeal and Grievance Form in PDF format or Word format, also available from the Academic Support Center. Prior to appealing to the Office of the General Counsel, the student is expected to have first sought reconsideration from the ADA Compliance Officer / Director of Disability Services.

The student may request to meet in person with the General Counsel. The General Counsel may contact the ADA Compliance Officer / Director of Disability Services and other individuals (such as faculty members or administrators) to discuss the requested accommodations, and may also request, to the extent relevant, additional medical documentation or an independent medical opinion on the request for accommodation. In addition, the General Counsel may gather other information pertinent to the appeal and may request outside assistance on the matter.

The General Counsel will make available, in writing to the student and ADA Compliance Officer / Director of Disability Services, the final determination on the requested accommodation and the specific reasons to support the decision, especially if reasons relate to additional clinical judgment. At the discretion of the General Counsel, the matter may be referred to his or her designee.

Every effort should be made to resolve the disagreement as expeditiously as possible. In general, each phase of the process should be completed within 5 business days. In appropriate circumstances, the ADA Compliance Officer / Director of Disability Services may decide to provide an accommodation on a provisional basis, pending the outcome of the appeal process.

Grievance of Accommodation Provision

Students who have been approved for use of accommodations by the ADA Compliance Officer / Director of Disability Services must complete the accommodation request procedure, including providing the final form with signatures from all parties involved (typically: ADA Compliance Officer / Director of Disability Services, student, and instructor). It is important that the student discusses in detail with the instructor how accommodations will be provided at the time of presenting the Student Academic Accommodation Request (SAAR) form (see an example Accommodation Request Form) to avoid any misunderstandings in the future.

Once accommodations have been established and agreed upon, in the event that there is either a failure to provide the approved accommodation or the accommodation is not provided in the agreed upon manner, it is the responsibility of the student to discuss the issue with the instructor and resolve the matter informally. If it is not resolved through informal discussion, then the matter can be pursued formally:

Step One

After informal discussion with the instructor, if the matter is still unresolved, submit a written request to the instructor and the ADA Compliance Officer / Director of Disability Services explaining the perceived problem regarding the accommodations as agreed upon and asking for resolution. The ADA Compliance Officer / Director of Disability Services will review the written request and investigate the matter by contacting the instructor involved and the student. Every effort will be made to resolve the matter in as timely a fashion as possible. The ADA Compliance Officer / Director of Disability Services may convene a meeting with the student and instructor to resolve the matter.

Step Two

If after the discussion the matter is still unresolved the student should complete a formal Appeal and Grievance Form in PDF format or Word format, also available through the Academic Support Center, attach a written statement regarding the matter, and submit both to the ADA Compliance Officer / Director of Disability Services. The ADA Compliance Officer / Director of Disability Services will convene a Disability Grievance Committee, consisting of the chair of the faculty member's department, the Dean of the College in which the course is taught, and the ADA Compliance Officer. The Disability Grievance Committee will review the matter as presented, and will conduct a thorough investigation, if needed. The student will be informed of the findings of the Disability Grievance Committee within 15 business days of the submission of the grievance form.

Step Three

If a student disagrees with the decision of the Disability Grievance Committee, the student may appeal in writing to the Simmons College Office of the General Counsel who has responsibility for ensuring that the University's policies and procedures comply with Federal, State and University requirements, including Section 504 of the Rehabilitation Act of 1973.

The student may request to meet in person with the General Counsel. The General Counsel may contact the ADA Compliance Officer / Director of Disability Services, the Disability Grievance Committee Chair and other individuals (such as faculty members or administrators) to discuss the requested accommodations, and may also request, to the extent relevant, additional medical documentation or an independent medical opinion regarding the type of accommodations and any specific manner of provision needed. In addition, the General Counsel may gather other information pertinent to the appeal and may request outside legal opinion on the matter.

The General Counsel will make available, in writing to the student and the Disability Grievance Committee, the final determination on the type of accommodations, any specific manner of provision needed and the specific reasons to support the decision, especially if reasons relate to additional clinical judgment. At the discretion of the General Counsel, the matter may be referred to his or her designee.

Every effort should be made to resolve the disagreement as expeditiously as possible. In general, each phase of the process should be completed within five working days. In appropriate circumstances, the ADA Compliance Officer / Director of Disability Services may request that the instructor provide the accommodation as requested on a provisional basis, pending the outcome of the appeal process.

Grievance of Perceived Discrimination

The foregoing procedures apply only to grievances concerning accommodations. These procedures do not apply to students who have concerns that they may have been subjected to discrimination on the basis of disability or other protected status, including perceived discrimination in the admissions process; the applicable procedures for resolving such complaints of discrimination are set forth in the Simmons College Student Handbook 2004-2006, page 192-193. Such grievances should be handed in the following manner:

A written complaint alleging violation of the federal sex and handicap discrimination regulations (34 C.F.R. Part 106 and 45 C.F.R. Part 86, implementing Title IX; 34 C.F.R. Part 104 and 45 C.F.R. Part 84, implementing Section 504 of the Rehabilitation Act; and 45 C.F.R. Part 83, implementing Section 855 of the Public Health Service Act) may be filed with the College by any student, employee, or other aggrieved person by submitting the written complaint to the President or General Counsel of Simmons College. Complaints under this procedure will not be processed from applicants for employment or admission. A College employee's allegation that he or she has been subjected to discrimination prohibited by the regulations will be processed under the relevant employee grievance procedure. Inquiries concerning the application of nondiscrimination policies may also be directed to the Assistant Secretary for Civil Rights at the U.S. Department of Education, Office for Civil Rights, 330 C Street, Washington, DC 20202. (Simmons College Undergraduate Course Catalog, p. 32; Simmons College Graduate Course Catalog, p. 12).

The College expressly reserves the right to make changes to its written policies, rules, and regulations at any time. This site is not intended, and should not be construed, to give rise to contractual rights and obligations.