Complaint Resolution
The purpose of this procedure is to afford students an opportunity to resolve complaints about eligibility decisions, academic accommodations, auxiliary services, communication services, denial of services or other administrative decisions of the Disabled Students' Program (DSP). Students have two ways to express their concerns about DSP decisions effecting them. The first is to pursue an "Informal Resolution Procedure" (see next paragraph). The second is to pursue the more "Formal Resolution Procedures (explained below). While it's customary to begin with an "Informal Resolution Procedure"; a student may choose to initiate a "Formal Resolution Procedure" at any time.
Informal Resolution Procedures
A student may pursue informal resolution of a complaint by scheduling a meeting with the DSP Director to discuss the complaint and explore possible avenues of resolution. If a satisfactory solution cannot be reached, the student may initiate formal resolution by putting their complaint in writing.
Formal Resolution Procedures
These Formal Resolution Procedures are limited to reviewing administrative decisions and actions of the Disabled Students' Program (DSP). Failure of an academic department/instructor to properly implement a DSP Letter of Accommodation or failure of any other campus department or unit (besides DSP) to provide an appropriate accommodation for a campus event or program should be filed with Academic Compliance & Disability Standards at esc@berkeley.edu pursuant to the Campus Disability Discrimination Complaint Process [link to online ACADS procedures].
A written complaint submitted under the "Formal Resolution Procedure" about a DSP administrative decision or action must include information regarding the DSP administrator or specialist action being complained of and the date it occurred, the grounds upon which the appeal is based, and the relief requested. The complaint must be based on one or more of the following grounds:
- Procedural error or violation of policy by DSP staff;
- Judgments improperly based upon non-relevant criteria including, but not limited to, discrimination or harassment on the basis of sex, race, national origin, color, age, religion, sexual orientation, or disability;
- Specific mitigating circumstances beyond the student's control not properly taken into account in a decision affecting the student's services
A written complaint must be received by the DSP Director within thirty days from the time the student knew or could reasonably be expected to have known of the DSP staff action that is the subject of the complaint. DSP should complete its review and notify the student of the outcome of the complaint within ten days of the date it was received. All time frames referred to in this procedure refer to calendar days. Summer and inter-semester recesses are not included within these time frames. Upon receipt of a written complaint, the DSP Director may assign an individual to investigate the complaint and make a recommendation regarding the outcome of the complaint. At a minimum, the investigation should include an interview with the complainant, a review of any relevant written materials, and an effort to obtain information from relevant individuals (i.e. interviews or written statements or documents). The DSP Director or his designate shall notify the student in writing of the outcome of the complaint.