DSP Complaint Resolution Process | Disabled Students' Program

Disabled Students’ Program Complaint Resolution Process

The following process may be used by students with disabilities to resolve issues regarding these matters: denial of academic accommodations, decisions regarding eligibility for academic accommodations, determinations of specific appropriate academic accommodations, provision of accommodations and auxiliary services, provision of communication services, and administrative decisions of the Disabled Students' Program (DSP).

Students may address concerns to DSP about academic accommodation decisions in two ways. The first is to pursue an informal resolution. The second is to pursue an appeal. While DSP encourages students to begin with informal resolution, a student may choose to start with an appeal. Each of these processes is described below.

If a student has sent a letter of accommodation from DSP to an instructor, and the instructor indicates to the student that a specific accommodation described in the letter is academically inappropriate with the regard to that instructor’s course, then the student should inform the student’s Disability Specialist of the instructor’s position as soon as possible and seek resolution through the Disability Specialist. Students are encouraged not to discuss the instructor’s concerns with the instructor and to forward to the Disability Specialist any communications with the instructor regarding the instructor’s concerns. If the instructor initiates such a conversation, the student is encouraged to refer the instructor to the student’s Disability Specialist. Generally, complaints that an instructor has not observed the provisions of a DSP letter of accommodation cannot be resolved until after the student has advised the student’s Disability Specialist of the situation.

If the student is not sure how to contact their Disability Specialist, they can email dsp@berkeley.edu directly for assistance.

Letters of accommodation issued by DSP are typically general and are not tailored to any specific course. When an instructor informs DSP that a letter of accommodation issued by DSP may fundamentally alter a specific course, then the instructor and DSP confer. In order to resolve an instructor’s concerns about an accommodation fundamentally altering a course, DSP may request that the student provide additional information about why certain accommodations are necessary for the student to participate in the course, or may request that the student respond to a proposal for an alternative accommodation. The campus is generally able to resolve the question of whether the accommodation in the letter of accommodation is a fundamental alteration, and is able to communicate that resolution to the student, within two to three weeks after the instructor receives the letter of accommodation. If possible, the instructor provides the accommodation described in the letter of accommodation while the issue of fundamental alteration of the course is being resolved.

Informal resolution

When a student is dissatisfied regarding the approval or provision of any academic accommodations, the fastest process for resolving the issue is to directly contact the student’s Disability Specialist, and not by contacting the course instructor. The Disability Specialist will elevate the concern to a Lead Disability Specialist and Supervisor if the Disability Specialist is unable to resolve the concern. If the Lead Disability Specialist and Supervisor is unable to resolve the concern, they will elevate the concern to the DSP Executive Director. The student may also initiate informal resolution through the Lead Disability Specialists and Supervisors by emailing sflores@berkeley.edu and rwhitney32@berkeley.edu to schedule a meeting to discuss the complaint and explore possible avenues of resolution, or through the DSP Executive Director by emailing carmenvarela@berkeley.edu to schedule a meeting to discuss the complaint and explore possible avenues of resolution.

Formal Process for appealing DSP decisions

Students may formally appeal decisions that are made by DSP, including:

Denial of requested academic accommodations.
Decisions regarding eligibility for academic accommodations.
Determinations of specific appropriate academic accommodations.
Provision of accommodations and auxiliary services.
Provision of communication services.
Decisions resulting from procedural error by DSP or violation of campus policy by DSP.
Decisions 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.
Decision that fail to properly consider specific mitigating circumstances beyond the student's control not properly taken into account in a decision affecting the student's services.
Ongoing, repeated failure by DSP to provide an auxiliary aid or alternative media for which DSP has determined the student is eligible.

A student may also file a formal appeal when an instructor is failing to provide the accommodations described in the letter of accommodation issued by DSP.

An appeal must be made in writing, must state unambiguously that it is an “appeal,” and must be sent to the Executive Director of DSP via email to carmenvarela@berkeley.edu. If a student needs accommodations in order to submit an appeal, then the student may contact access@berkeley.edu and request an alternative format or other assistance.

The appeal must describe the specific accommodation or service issue that is the subject of the complaint, the date that the issue arose, the facts on which the appeal is based, and the resolution requested. Appeals must be submitted timely but in no event later than six months from the time the student knew or could reasonably be expected to have known of the DSP staff or supervisor action that is the subject of the appeal.

The DSP Executive Director will timely resolve the appeal and communicate the outcome in writing to the student within 30 days of the date that the appeal is received. If the student wishes to appeal the decision of the DSP Executive Director, they may do so by submitting a report to the Office for the Prevention of Harassment and Discrimination (OPHD)

Decisions issued by the Vice Provost for Faculty that an accommodation would fundamentally alter a course are not appealable, but a student who believes that such a decision violates nondiscrimination polices or other policies may submit a report to the Office for the Prevention of Harassment and Discrimination (OPHD)

NON-ACADEMIC DISABILITY ACCOMMODATIONS

While DSP is responsible for determining and supporting the implementation of academic accommodations for disabled students, the following offices are available to determine and support the implementation of non-academic accommodations for disabled students.

Housing Accommodations

Cal Housing Office

http://www.housing.berkeley.edu/students-disabilities

Student Employment Accommodations

Be Well at Work

https://uhs.berkeley.edu/bewellatwork/disability-management

Access to Campus Buildings, Paths of Travel, and Events

Disability Access and Compliance

https://dac.berkeley.edu/

People & Culture Resources for Employee Concerns

http://hr.berkeley.edu/resolving-problems/where-go

ADDITIONAL RESOURCES