Request for Reconsideration of ADA Coordinator Determination

Any current employee, applicant for employment or admission, or visitor who is not satisfied with the ADA Coordinator’s determination of their disability-related request for accommodation(s) may use this reconsideration process set forth below. This process applies to: 

  • The denial of requested accommodation(s); 

  • Approval of alternative accommodations other than those requested; and 

  • The ADA Coordinator’s implementation of accommodation(s) approved by the ADA Coordinator.  (Failure by a supervisor to implement an approved accommodation should be reported to the ADA Coordinator and/or reported to the Office of Equal Opportunity & Title IX as described below.)

During the reconsideration process, except when the person who requested the accommodation is notified otherwise, the University will make available the accommodation(s) as specified in the ADA Coordinator’s original determination until the person receives the final determination pursuant to this process.  

Student Requests for Accommodations 

Because this process applies only to determinations made by the ADA Coordinator, this process does not apply to determinations made by AccessibleDU: Student Disability Services (SDS) regarding requests for accommodations by admitted or enrolled students. Students with concerns about SDS’ determinations regarding their accommodation requests should review information regarding appeals available on the SDS website or contact SDS by email at SDS@du.edu or by phone at 303-871-3241. 

Requesting Reconsideration 

To initiate an accommodation reconsideration, the person requesting reconsideration must submit a Request for Reconsideration Form to the ADA Coordinator within fifteen (15) Business Days from the date of: (1) the ADA Coordinator’s determination; or (2) for concerns regarding implementation of approved accommodations, becoming aware of the basis for their request for reconsideration. This deadline may be extended by the Vice Chancellor for Human Resources if the person requesting reconsideration provides documentation of extenuating circumstances, such as illness or an accident, that prevented the person from meeting the deadline. The ADA Coordinator will promptly provide the materials to the decision-maker. (For the purposes of this process, Business Days means any weekday Monday through Friday in which the University is in operation, including days when the University is in operation, but classes are not in session.  For example, University holidays are not Business Days.)

The person requesting reconsideration must identify one of the following bases for reconsideration of the ADA Coordinator’s determination:  

  1. procedural errors by the ADA Coordinator that materially impacted the ADA Coordinator’s determination to deny the requested accommodation(s); 

  1. information made available during the interactive process that was not adequately considered by the ADA Coordinator; 

  1. factual or analytical errors in the ADA Coordinator’s determination that materially impacted the denial of the requested accommodation(s); or 

  1. the ADA Coordinator had a conflict of interest or bias against the person requesting reconsideration that materially impacted the interactive process and/or the ADA Coordinator’s determination to deny the requested accommodation(s). 

General dissatisfaction with an accommodation determination is not grounds for reconsideration. If the person requesting reconsideration does not specify the basis/bases for reconsideration, then the ADA Coordinator has the discretion to dismiss the request for reconsideration. 

If the person requesting reconsideration provides new documentation with their reconsideration request that they have not previously provided to the ADA Coordinator, then the request will return to the interactive process for consideration of the new documentation. Similarly, if the person requesting reconsideration initially agrees to the approved accommodation(s) but subsequently finds them ineffective, the person requesting reconsideration should contact the ADA Coordinator to return to the interactive process to see if any changes would be appropriate. 

The decisionmaker will issue a decision regarding the reconsideration within fifteen (15) Business Days of receipt of the reconsideration from the ADA Coordinator.  Except for complaints of discrimination as described below, this decision is final, and there is no further right of appeal or availability of any other grievance procedure within the University. (The time frame for completion of the appeal may be extended for good cause. If the time frame for completion of the appeal is extended, the decision-maker will notify the person requesting reconsideration in writing of the delay or extension and the reasons for the delay or extension.)

Complaints of Discrimination 

If the person who requested accommodations has concerns or is raising allegations of discrimination, rather than using this reconsideration process, the person may report their concerns to the Office of Equal Opportunity & Title IX (EOIX) using the EOIX online reporting form, by email at EqualOpportunity@du.edu, or by phone at 303-871-7016 or stopping by the EOIX office. For more information, review the University’s Discrimination and Harassment Policy and the EOIX Discrimination and Harassment Procedures 

Other Resources 

To the extent permitted by state or federal law, employees, applicants, visitors may also file complaints with the applicable state or federal agencies.