Disability Accommodation Appeals and Grievances

If you have a concern about an accommodation decision or disability-related access at the University of Arkansas - Fort Smith, you don't have to navigate it alone. Student Disability Services is here to help, and you have the right to appeal decisions and have your concern heard.

UAFS complies with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability in programs and activities receiving federal funding. This page explains how you can address concerns related to accommodation decisions, disability-related access, or disability-based discrimination.

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Appeals and Grievances

An appeal usually involves disagreement with a disability accommodation decision such as a denied accommodation or a disagreement about an approved accommodation.

A grievance may involve concerns about how an approved accommodation was implemented, disability-related access barriers, or alleged disability-based discrimination, exclusion, harassment, or retaliation.

You should raise concerns as soon as possible. Some steps in the process include deadlines.

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Start with Informal Resolution

You are encouraged to contact Student Disability Services as soon as a disability-related concern comes up. Many concerns can be resolved more quickly through conversation, clarification, or coordination with your instructor, Housing and Residential Life, or another university office.

Informal resolution may be helpful when:

• you are unsure how an approved accommodation should be implemented.
• an instructor has questions about your accommodation.
• an approved accommodation is not being provided as expected.
• your disability-related needs have changed.
• a concern may be resolved through clarification, communication, or adjustment.

To begin, email Student Disability Services at ADAFREEuafs. SDS will review your concern, explain possible next steps, and help determine whether the issue can be resolved informally or should move to the formal grievance process.

Using informal resolution does not prevent you from using the formal grievance process or filing a complaint with the U.S. Department of Education, Office for Civil Rights.

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When to Use the Formal Grievance Process

If your concern is not resolved through informal discussion or if you want to pursue a formal review, you may begin the formal grievance process. Examples of concerns this process is designed to address include:

• a disagreement or denial related to a requested accommodation, service, or modification.
• a concern that an approved accommodation is not being provided.
• alleged inaccessibility of a university program, service, activity, or facility.
• alleged disability-based harassment, discrimination, exclusion, or retaliation.
• another disability-related concern involving access, accommodations, or implementation.

This process may involve concerns related to Student Disability Services, Housing and Residential Life, faculty, or other university entities.

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Formal Grievance Process

If your concern is not resolved through informal discussion with Student Disability Services, you may begin the formal grievance process by following these steps.

1. Step 1 - Contact the Assistant Provost for Student Success and Retention
   If your concern is not resolved informally, you may contact the assistant provost for Student Success and Retention to request assistance. This must be done within two weeks of the incident.
2. Step 2 - Participate in a Consultation
   The assistant provost for Student Success and Retention will schedule a consultation with you, the Student Disability Services director, and the faculty member, if applicable.
3. Step 3 - Receive a Written Decision
   If an agreement is not reached, the assistant provost for Student Success and Retention will notify you in writing of the decision within one week of the meeting.
4. Step 4 - Submit a Written Appeal to the Provost
   The final step in the grievance process is a formal written appeal to the provost. You must submit your appeal within one week of receiving notice from the assistant provost for Student Success and Retention.
5. Step 5 - Receive the Provost's Decision
   The provost will notify you of the findings. The provost has final authority to uphold, modify, or reverse the decision.
   
   

What to Include in a Written Appeal or Grievance

Your written appeal or grievance should clearly explain your concern and the resolution you are requesting. Include the following:

• A detailed explanation of why you believe you were denied an academic accommodation, service, or modification required by law.
• Specific facts or policies that support your position.
• Relevant dates.
• Names of people involved.
• Course numbers, instructor names, or other identifying details, when applicable.
• Names of any other people who may have information related to your concern.
• The remedy or resolution you are requesting.

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External Complaint Option

You may use the UAFS grievance process to seek resolution of disability-related concerns, but you also have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights regardless of whether you use the UAFS process first.

Information about OCR complaint procedures and timelines is available from the Office for Civil Rights.

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Frequently Asked Questions

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Questions about the appeals or grievance process? Email Student Disability Services at ADAFREEuafs or call 479-788-7577.