Americans with Disabilities Act

I. Self-Identification Process

It is the student’s responsibility to self-identify with Student Access Center, to request accommodations each semester, and to provide their instructor(s) with an accommodation letter from Student Access Center. Medical documentation to substantiate the claim of a disability must be submitted as part of the self-identification process.

It is the faculty’s responsibility to maintain the student’s confidentiality, provide appropriate accommodations (approved by Student Access Center) in a timely manner either independently or in collaboration with Student Access Center and the Testing Center. Faculty are to maintain the same standards for students with disabilities as are applied to all other students with the exception to accommodations determined by Student Access Center.

Faculty members are encouraged to contact Student Access Center at studentaccess@nicholls.edu or 985.448.4430 with any questions or concerns about their students’ accommodations. Further information can also be located at https://www.nicholls.edu/student-access-center/

Appropriate accommodations enable a student with a disability to compete equally with his/her non-disabled peers but are not intended to place a disabled student at an academic advantage.

II. Appeal Procedure

If any student is dissatisfied with decisions of the Student Access Center or feels that a faculty member has failed to provide accommodations determined by the Student Access Center to be appropriate, students may file a grievance with the EEO/ADA Compliance Office. The procedure is as follows:

Nicholls State University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

Guidelines for Filing a Complaint with the Director of the Student Access Center or the ADA Coordinator

● Complete the Nicholls State University Grievance Form – Alleged Discrimination on the Basis of Disability (below) and deliver it to the Student Access Center located in 137 Peltier Hall. If a complaint involves being denied an academic accommodation, the student will be granted the accommodation until the issue is resolved. If the claim involves the Director of the Student Access Center, the form will immediately be forwarded to the ADA Coordinator.

● A complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged violation. Claims received later than thirty (30) days after the complainant became aware of the alleged infringement will be dismissed as untimely.

● An investigation conducted by the Director of the Student Access Center and/or ADA Coordinator will follow the filing of a complaint. The investigation will include a prompt and informal—but thorough—investigation which affords the complainant, the subject of the claim, other interested persons, and their representatives, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint.

● A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Director of the Student Access Center and/or the ADA Coordinator. A copy will also be forwarded to the complainant no later than fifteen (15) working days after receipt of the complaint unless there is good cause for an extension of time.

● The Director of the Student Access Center and/or ADA Coordinator shall maintain the files and records of Nicholls State University relating to complaints filed.

● Requests for review should occur as soon as possible (optimally within seven days, and no later than 30 days from the date of the decision) to the ADA Coordinator. The request must be in writing and include copies of the previous written determination.

● The ADA Coordinator will convene the ADA Council consisting of the Director of the Student Access Center, the ADA Coordinator, and the Executive Director of Student Wellness & Support Services. The ADA Council has thirty (30) days to respond to the request for reconsideration.

● The complainant can request an appeal of the resolution if he or she is dissatisfied with the resolution. An investigation conducted by the Vice President for Student Affairs will follow the filing of an appeal. The investigation will include a prompt and informal—but thorough—investigation which affords the complainant, the subject of the claim, other interested persons, and their representatives, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint. The decision made by the Vice President of Student Affairs is final.