Section XIV of the Procedures on Nondiscrimination outlines the grievance process to appeal the denial of a reasonable accommodation request…

XIV. Appealing the Denial of a Reasonable Accommodation Request

The Policy on Nondiscrimination applies to the perpetration of prohibited discrimination, harassment, denials of accommodation, or retaliation by Covered Individuals. Qualified individuals with a disability who have been denied a reasonable accommodation request by a Deciding Official have a right to file a complaint and may appeal the decision by completing the Office of Equal Opportunity Civil Rights Complaint Form.

Deciding Officials

A Deciding Official is an individual who is authorized to make determinations regarding reasonable accommodation requests. Generally, in the University of Rhode Island, Deciding Officials include the Director of [Compensation and Benefits], who is responsible for granting reasonable accommodation requests in accordance with Section 503 of the Rehabilitation Act of 1973 [and Title I of the Americans with Disabilities Act]; the Director of the Office of Disability, Access, and Inclusion, who is responsible for granting reasonable accommodation requests made by students in accordance with Section 504 of the Rehabilitation Act of 1973, and Principal Investigators administering reasonable accommodation requests received for a sponsored project, or other officials identified by the ADA/Section 504 Coordinator.

Procedures for the Denial of a Reasonable Accommodation Request

1. If a Deciding Official denies a reasonable accommodation request, the Deciding Official must issue a letter documenting the decision to deny the request, which should include an explanation of the basis for the denial and a copy of the Policy on Nondiscrimination.
2. Denials of reasonable accommodation requests must include instructions on how to contact the Office of Equal Opportunity to file a complaint and appeal the denial. In matters involving students, the decision maker will provide a copy of the Division of Student Affairs Student Handbook in addition to the Policy on Nondiscrimination.
   
   Sample language: The Policy on Nondiscrimination applies to the perpetration of prohibited discrimination, harassment, denials of accommodation, or retaliation by Covered Individuals. If you are a qualified individual with a disability and have been denied a reasonable accommodation request by a Deciding Official, you have a right to file a complaint and may appeal the decision by contacting the Office of Equal Opportunity.
   
3. The individual appealing the denial of an accommodation must submit a copy of the denial notice to the Office of Equal Opportunity, along with supporting documentation provided to support the reasonable accommodation request, and documentation reviewed to support the denial of the request.
4. The letter must include specific reasons for the recommended denial. For example, why the accommodation would result in undue hardship or undue burden. The Deciding Official must explore whether other effective accommodations exist that would not impose undue hardship or undue burden, and may include those recommendations in the final decision letter. Reasons for the recommended denial of a request for reasonable accommodation may include the following:
   
   • The requested accommodation would not be effective.
   • The requested accommodation is not related to the disability reported.
   • Medical documentation is inadequate to establish that the individual has a disability and/or needs a reasonable accommodation.
   • The requested accommodation would require the removal of an essential function or duty.
   • The cost of the accommodation results in undue burden.
   • The requested accommodation would require the lowering of performance or production standards.
   • The accommodation request may be a direct threat to the health and safety of others.

Requestors Appealing the Reasonable Accommodation

Any person requesting a reasonable accommodation (also “Requestor”) who believes they were unlawfully denied an accommodation, did not receive an accommodation, or experienced an undue delay in processing and granting an accommodation, may file a complaint of discrimination to report the failure to accommodate.

On receipt of the “decision to deny the reasonable accommodation,” the requesting individual may contact the Office of Equal Opportunity to appeal the decision by emailing equalopportunity-group@uri.edu to submit the Civil Rights Complaint Form. The email should include (1) a copy of the accommodation decision or notification letter; and (2) a written statement in support of the appeal describing why the individual believes that a procedural error or substantive error occurred.