Policy on Disability Accommodations Modification Review Process

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History

  • Policy Number: SA.08.004
  • Version: Original
  • Drafted By: Nick Fuentes and Julia Heck
  • Approved By: Richard Yao
  • Approval Date: 07/30/2025
  • Effective Date: 07/30/2025
  • Supersedes: n/a

Purpose

The purpose of this policy is to ensure that Disability Accommodations and Support Services (DASS) at California State University Channel Islands (CSUCI) complies with the provisions of the Americans with Disabilities Act, Rehabilitation Act of 1973, as amended (Section 504) and that students with disabilities are provided the means to seek resources in the event a violation is perceived to have occurred. This policy is intended to reflect the CSU’s commitment to the principles, goals, and ideals described in the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy). It establishes due process and safeguards that will be followed by the University in the resolution of modification-related disagreements.

Background

This policy has been developed in accordance with the CSU Policy for the Provision of Accommodations and Support Services to Students with Disabilities, Executive Order 1111, the Americans with Disabilities Act of 1990, as amended 2008; Sections 504 and 508 of the Federal Rehabilitation Act of 1973, as amended; and applicable state laws including but not limited to the Donahoe Higher Education Act, Education Code sections 67302, 67310-13 and sections 11135 and 12926 of the Government Code.

Policy

Accountability

The Vice President for Student Affairs, Associate Vice President for Student Life and Support Programs, Director of DASS, Provost, and Academic Deans have the responsibility to ensure the policy is adhered to and reasonably acted upon as written.

Applicability

This policy applies to students with disabilities who are matriculated and enrolled full or part-time in a CSUCI degree program, or in degrees and programs offered through CSUCI Extended University, who have:

  • Registered with DASS.
  • Completed the new student appointment process.
  • Formally requested academic disability accommodations and/or support services through the DASS student portal.
  • Formally requested a modification to a course due to a disability.
  • Received a formal denial of the modification request from the responsible faculty member and a reasonable compromise cannot be reached.

Definition(s)

  1. An individual with a disability shall refer to:
    1. Any person who has a physical or mental impairment that limits one or more of the major life activities of such individual,
    2. Any person who has a record of such impairment, or
    3. Any person who is regarded as having such impairment.
  2. A qualified individual with a disability shall mean an individual with a disability who:
    1. Meets the academic and technical standards requisite for admission or participation in the education programs of CSUCI. This includes students with disabilities participating in clinical or field placements that are offered as part of a program's field of study.
    2. Meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity regardless of:
      1. Reasonable modifications to rules, policies, or practices
      2. The provision of auxiliary aids and services
      3. The removal of architectural, communication, or transportation barriers
  3. Modification: Academic requirements should be modified as necessary and appropriate to ensure that they do not discriminate, or have the effect of discriminating, on the basis of a disability against qualified applicants or students with disabilities. As appropriate, modifications may include but are not limited to:
    1. Changes in the length of time permitted for the completion of a requirement,
    2. Substitution for specific courses required, and
    3. Adaptation of the manner in which a required course is conducted. Academic requirements that are determined to be essential to a program of instruction by a process approved by the campus and its academic senate and those academic requirements directly related to certification and licensing requirements are not regarded as discriminatory.
  4. A FundamentalAlteration is a change that is so significant that it alters the essential nature and/or the learning outcomes of a course, lecture, lab, clinical or field experience.

Text

The U.S. Department of Education’s Office for Civil Rights (OCR) requires colleges and universities to engage in an interactive process with qualified students to explore alternatives or academic adjustments that would provide the student equal academic access while not fundamentally altering the academic programs. The interactive process performed by DASS as outlined in Executive Order 1111 requires an assessment of the functional impact of a person’s disability and identification of reasonable accommodation(s) so the student has the opportunity to participate in university programs and activities in ways that are equal to that afforded others. During this interactive process, students can suggest, recommend, or request possible modifications they feel will provide equitable access to the curriculum. As part of the interactive process, a student’s instructor can object to a recommended modification only if it presents a fundamental alteration to the course. The formal modification review outlined in this policy takes effect once it has been established that a reasonable compromise cannot be reached between the student and the faculty member.

When there is a question of whether a modification can be considered a fundamental alteration, the DASS office will begin the review process by documenting the faculty’s objection.

The DASS Director or designee will request from the instructor, department chair, and/or program director documentation of the essential requirements for the course and the manner in which they provided notice of the requirements to students.

The DASS Director or designee will call to order a committee of objective persons who collectively are knowledgeable about the academic area, course modality (online, hybrid, face to face etc.), any related licensing requirements, any applicable accreditation for the course of study, and existing accommodation(s) approved for the student requesting the modification. The committee shall be comprised of:

  1. The Dean of the appropriate School or designee for the course in question. (Committee Chair)
  2. The department chair for the discipline of the course in question.
  3. A faculty member for the course in question [not the instructor objecting to the modification(s)]. If there are not multiple faculty members who teach the course, then a faculty member with expertise in the subject matter may be selected.
  4. A faculty member from outside of the department or program.
  5. The Dean of Students or designee.
  6. The DASS Director or designee.

The DASS representative will serve as an expert and consultant and will not have voting privileges. The Dean of the School shall act as the chair of the committee and shall select and assign the appropriate faculty to committee roles.

The committee must:

  1. Identify the objective of the course requirement, taking into consideration the information provided by the instructor, program, or department concerning essential requirements, including curriculum approval or course creation documents. The committee will ensure that the requirement is based not on tradition or routine practice without a direct connection to essential requirements.
  2. Consider whether the requirement is consistent with similar programs at other educational institutions, and with relevant national and expert guidelines; and whether there is any unique justification for a requirement that is not generally adopted by other educational institutions.
  3. Consider the information provided by the student relevant to determining whether notice of the essential requirement in question has been provided to the student.
  4. Determine whether the modification requested by the student would invalidate the objective of the requirement. If not, the modification will be implemented.
    1. If the requested modification would invalidate the objective of the requirement, the committee (or designated members) will promptly and diligently search for alternate solutions in consultation with the faculty member, DASS, and the student.

The committee must also address the following:

  1. Are there alternate ways that the student can acquire or demonstrate mastery of the material that would meet the same fundamental objectives of the course or program?
  2. Have we diligently searched for potential alternatives?
  3. Have we included all the necessary people in this search?
  4. Have we identified whether other post-secondary institutions have identified alternatives that achieve the objectives of the course without fundamentally altering requirements?

If the committee believes the modification is acceptable, then the modification can be approved. If the committee has explored this issue in a well-reasoned manner without resorting to a pretext for discrimination, believes the modification would fundamentally alter the essential elements of the course or program, and has determined that no reasonable alternative modifications exist, then the modification can be denied. The decision must be made by majority vote. The committee must render a decision within 15 business days of receiving the complaint.

The DASS Director (or designee) will notify the student and faculty of the final decision in writing. The decision should be communicated stating if the requested modification was approved or denied, why it was approved or denied, and other modifications that were considered. The correspondence will make clear that while a repeat of the same modification request is not acceptable, the student is encouraged to make new or alternative modification requests at any time in the future.

The decision of the review committee is final and represents the University’s cross-divisional commitment to due diligence on the matter. There are no further appeals on the modification in question available through the Division of Academic Affairs or the Division of Student Affairs. If a student feels they have been discriminated against due to their protected status they may consult with the Title IX office per the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy).

Exhibit(s)

N/A

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