Appeal Procedure

Disability Appeal Procedure

It is ÀÖ²¥´«Ã½ College policy to ensure that students with disabilities have equal access to all college programs and activities, and to provide reasonable accommodation to qualified students with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Fair Housing Act and the Maine Human Rights Act. The availability of an accommodation(s) is determined through an interactive process between the individual student and ÀÖ²¥´«Ã½ College.

Students may appeal decisions regarding the availability of reasonable accommodations.  Reasons for appeal could include, but are not limited to, the following:

  • New or additional information related to the student’s disability; or
  • An alleged error in the certification of a disability, the determination of reasonable accommodations, or the implementation of accommodations.

Students should initiate the appeal process within 30 calendar days of the decision they wish to appeal by following the steps outlined below.

Step 1: Informal Appeal Procedure

  1. Prior to initiating a formal appeal, the student is encouraged to meet with the Director of Accessible Education to discuss their concerns and see if the matter may be resolved informally.
  2. Informal appeals regarding residence life and housing accommodations may be brought by the Director of Accessible Education to the Housing Accommodations Review Committee for review.
  3. If the Director and the student are not able to come to an informal resolution, the student will be referred to the formal appeal procedure.

Step 2: Formal Appeal Procedure

  1. If, after an informal appeal has been made, the student remains dissatisfied with the decision, they should submit a formal written appeal to Gwen Lexow, Associate Vice President for Title IX and Civil Rights Compliance. The Associate Vice President for Title IX and Civil Rights Compliance ensures college compliance with all non-discrimination statutes.
  2. A written appeal should be submitted within 30 days of the decision the student wishes to appeal.
  3. A written appeal should include the following information:

a. Clear statement of the request or concern;
b. The reason(s) for the appeal;
c. The date of the decision that is being appealed;
d. Names of all ÀÖ²¥´«Ã½ College employees involved;
e. Summary of actions the student has taken to resolve the matter informally; and
f. Statement of the student’s expectation of specific outcome.

  1. The Associate Vice President for Title IX and Civil Rights Compliance will gather all pertinent information to make a determination. This may include: reviewing the records kept by the Director of Accessible Education; interviews with the student, the Director, and other relevant individuals as appropriate; and requests for additional information and/or documentation.
  2. Typically, the Associate Vice President for Title IX and Civil Rights Compliance will rule on the appeal within three working days of receiving all the necessary materials from both the student and the Director of Accessibility Services.
  3. All decisions are final and will be communicated to the student in writing.

Questions and Additional Information

Please contact either the Director of Accessible Education (accessibility@bates.edu or 207-786-6222), or Gwen Lexow, Associate Vice President for Title IX and Civil Rights Compliance (glexow@bates.edu or 207-786-6445), with any questions.

This process is not intended to replace informal consultation and formal complaint procedures under the ÀÖ²¥´«Ã½ College Non-Discrimination Policy through the Office of Title IX and Civil Rights Compliance.