Center for Disability & Accommodations

The Americans with Disabilities Act of 1990 (ADA) was enacted to protect individuals with disabilities against discrimination in critical areas such as employment, housing, public accommodations, education, transportation, communication, health services and access to public services. The purpose of the ADA is to provide a clear mandate for the elimination of discrimination against people with disabilities, thus bringing them into the social and economic mainstream.

Section 504 of the Rehabilitation Act of 1973 is Civil Rights legislation that prohibits discrimination based on disability in the programs and activities of public and private colleges/universities that receive federal financial assistance. Eliminating barriers to education programs and services, increasing building accessibility and establishing equitable employment practices are addressed in Section 504 regulations. The U.S. Office for Civil Rights (OCR) of the U.S. Department of Education is responsible for the enforcement and investigation of compliance with Section 504.

1. Overview of Procedures to Address Student Disability-Related Complaints 

The University has adopted the following grievance procedure to address student accommodation appeals. Students should be aware that there are two (2) procedures to address disability-related complaints, depending on the nature of the complaint. Two (2) distinct policies guide the processes noted below: 

1. ACADEMIC AND NON-ACADEMIC ACCOMMODATIONS: As cited above, this procedure addresses student complaints regarding accommodations or accessibility. Through this process, a student may seek a review of decisions related to a denial of a requested accommodation, including ESAs, failure to provide an approved accommodation, or access-related concerns at the University.  Questions regarding these processes may also be directed to the Center for Disability and Accommodations. 

1. DISCRIMINATION: This procedure addresses student complaints alleging harassment or other forms of discrimination based on disability (unrelated to access or accommodation, in most instances) and all types of employee and third-party disability discrimination complaints. These complaints should be filed directly with the Equal Opportunity Office and not through the Center for Disability and Accommodation or the Student Disability Accommodation and Accessibility Grievance Procedure. The Equal Opportunity Office contact information is as follows:  

 Marita Whalen, Equal Opportunity Officer 

Phone: 970.943.3145 

Email: eoo@western.edu  

RESOLVING CONCERNS: The most efficient way to resolve a concern related to accommodation or accessibility is to communicate those concerns directly to the responsible University official (instructor, staff, administrator). 

  The University encourages students who believe they have been denied a reasonable accommodation or sufficient access by a University instructor or a University office, including the Center for Disability and Accommodations, when implementing a reasonable accommodation, to attempt to resolve the concern directly with that person or office. 

To facilitate the timely resolution of such concerns, students should communicate their concern as soon as possible and clearly articulate in a written statement their concerns and the resolution that they seek. Students may contact the Director for the Center for Disability and Accommodations for guidance on handling such matters and to receive support related to an accommodation approved by that Office, including consultation and facilitation of solutions, when appropriate. 

Most concerns about accommodation and accessibility can be resolved informally in this manner. Students must make every reasonable effort to achieve this resolution whenever possible. If the concern is resolved to the student’s satisfaction, no formal grievance appeal is necessary. 

If such direct communication does not resolve concerns related to accessibility or accommodation, Western Colorado University encourages students who believe they have been denied a reasonable accommodation or sufficient access because of their disability to use the Student Disability Accommodation and Accessibility Grievance Procedures set forth below.  The scope of a grievance review is limited to determining whether and accommodation/access decision was reasonable under the circumstances. 

2. Student Disability Accommodation and Accessibility Grievance Procedures 

If the student’s concern is not resolved through direct communication with the responsible individual or office, the student may submit a formal grievance through the Student Grievance Form [LINK TO FORM]. The Center for Disability and Accommodations shares grievance records, including complaints and resolutions, and reports as appropriate with their supervisor in the Office of the Provost.  The student should be aware that the grievance review is limited to consideration of the information that was made available to the Center for Disability & Accommodations during the prior interactive process.  Should a student have new or updated information they would like the university to consider, the student will need to re-engage the interactive process by submitting an updated request for accommodations. 

Step 1:  

Once the Center for Disability and Accommodations receives a complaint, the student may receive a request to meet with the Director of the Center for Disability and Accommodations or designee if the Director is the subject of the grievance. The Director of the Center for Disability and Accommodations or designee will gather relevant information and may speak with involved parties to clarify and resolve the concern underlying the grievance.  As part of this information gathering, the student will have the opportunity to suggest solutions that may resolve the grievance. The representative will work with the student and involved parties toward a successful resolution of the grievance and will notify the student and involved parties of the agreed upon outcome via official university email within fifteen (15) business days of receiving the complaint or as soon as is reasonably practical thereafter. 

 Potential grievance resolutions may include but are not limited to: 

• Reconsideration of the accommodation request with the CDA staff member who evaluated the original accommodation request.  This requires both CDA and the student to re-engage in the interactive process to determine appropriate accommodations 

• Reversing or amending the accommodation determination 

• Upholding the accommodation determination 

If the grievance is not resolved to the student’s satisfaction in Step 1, the student may pursue Step 2, by contacting the ADA/504 Coordinator (ADA/504Coordinator@western.edu). 

 Step 2: 

If the student disagrees with the Step 1 decision, they can appeal via official university email to the ADA/504 Coordinator. An appeal must include a written statement of the reason for contesting the Step 1 decision and must be submitted within five (5) business days of the Step 1 outcome email notification. 

The ADA/504 Coordinator will review any submitted material and may request additional information relevant to the concern as well as contact with the student and any parties involved to clarify and resolve the grievance.  The ADA/504 Coordinator will notify the student and involved parties of their final decision to uphold or modify the Step 1 decision via official university email within fifteen (15) business days of the appeal or as soon as reasonably practical thereafter. The decision of the ADA Coordinator is not subject to further appeals. 

3. Disability Discrimination Complaints Filed by Students

The Equal Opportunity Office receives, and reviews reports of discrimination based on disability submitted by students, employees, and third parties. 

The Equal Opportunity Office receives reports by electronic submission on the Equal Opportunity Office website.  While the online reporting form is the most efficient way to communicate relevant information, the Equal Opportunity Office will also receive complaints by email to eoo@western.edu, by phone at 970.943.3149, or in-person by scheduled appointment. The Equal Opportunity Office follows the complaint resolution procedures and time frames consistent with the Policy.

4. External Agencies

A student may also choose to file a complaint of disability discrimination with an external agency instead of, or in addition to, filing an internal report or complaint. Most external complaints should be filed with the United States Department of Education, Office of Civil Rights, which has a local office in Denver, or with the Colorado Civil Rights Division. Complaints alleging disability-based employment discrimination may also be filed with the Colorado Civil Rights Division or the federal Equal Employment Opportunity Commission. Additional information on internal and external complaint procedures is available from the Center for Disability & Accommodations.  

Office for Civil Rights, Denver Office  

U.S. Department of Education 

Cesar E. Chavez Memorial Building   

1244 Speer Boulevard, Suite 310  

Denver, CO 80204-3582  

U.S. Department of Justice (DOJ)   

Civil Rights Division  

950 Pennsylvania Avenue, NW   

4CON, 9th Floor
Washington, DC 20530 

Equal Employment Opportunity Commission (EEOC)  

Denver Field Office EEOC  

950 17th Street, Suite 300 

Denver, CO 80202 

U.S. Department of Housing and Urban Development (HUD)   

Office of Compliance and Disability Rights Division  

Office of Fair Housing and Equal Opportunity  

451 7th Street, S.W. 

Washington, DC 20410 

Colorado Civil Rights Division 

1560 Broadway, Suite 825 

Denver, CO 80202