Student ADA/Rehabilitation Act Grievance & Appeal Procedure

I. Purpose

William & Mary is committed to equal access for all members of our community and has adopted informal and formal procedures providing for prompt, equitable, and impartial resolution to complaints of disability-based discrimination, as required under the Americans with Disabilities Act of 1990 and Amendments Act of 2008 (the ADAA) and Section 504 of the Rehabilitation Act of 1973, as revised, (the Rehabilitation Act). The ADA and the Rehabilitation Act prohibit the university from excluding individuals from participating in its educational programs or activities based on their disability, from denying them the benefits of such programs or activities, and from discriminating against such individuals. 

Students are encouraged to participate in the informal complaint process (Section III) to resolve their concerns promptly and efficiently. However, students have the right to file a disability-based discrimination complaint under the Discrimination, Harassment and Retaliation Procedure with the Director of Title IX and Civil Rights Compliance at reportconcern@wm.edu. Section IV provides more information about the formal complaint process.

II. Scope

This procedure applies to all students at the College of William & Mary, including the Virginia Institute of Marine Science (the university).

Any student who believes that they have been discriminated against based on their disability or has been denied access or disability-related accommodations required by law may make a complaint under this procedure. Specifically, students may make a complaint about:

• Denial of a requested service or accommodation, including Student Accessibility Services’ (SAS) determinations regarding accommodations. Please note that general dissatisfaction with an accommodation decision is typically not grounds for a complaint. Request for reconsideration of approved alternative accommodations that are equally effective will, not, typically result in a change in the decision.
• Inaccessibility of a university program or activity; Students are encouraged to report barriers via the Report a Barrier form to assist the university in removing or mitigating the barrier promptly.
• Discrimination and/or Harassment on the basis of disability in violation of university policy; or
• Any other alleged violation of the ADA or the Rehabilitation Act.

Students should contact Student Accessibility Services promptly at sas@wm.edu with any concerns about their approved accommodation(s) including any instances of an instructor, program director, or other university employee or agent who fails to implement an accommodation approved by SAS. [1] 

The ADA Coordinator is available to students and SAS staff for consultation and assistance with the resolution of disability-related issues and concerns.

The university encourages students to use these procedures before pursuing remedies outside the university, but students have the right to file a complaint directly with the Office of Civil Rights of the United States Department of Education. 

III. Informal Grievance Procedure

A. Request for Reconsideration/Review of Accommodation Determinations Made by Student Accessibility Services

Requests for reconsideration/review should be made promptly to effectively resolve issues and concerns. Students who have concerns about the implementation of an approved accommodation should bring those concerns promptly to the Director of Student Accessibility Services.

• Step 1. Review by the Director of Student Accessibility Services.

If, after a student receives an accommodation approval letter from SAS, and has shared the letter with faculty, they are denied an approved accommodation and/or believe that an approved accommodation does not support their disability related need, they should contact the Director of Student Accessibility Services, or designee at [[sas]] This should typically occur within ten (10) business days of the concern arising.

The Director, or designee, will typically schedule a meeting with the student (either virtually or in-person), and discuss the concerns, within five (5) business days of receipt of the concern. During this meeting, the Director will discuss the accommodation requested, any alternatives provided and review the interactive process to ensure proper steps were followed. The Director will consult with other university staff as needed to determine whether a change in the accommodation decision is appropriate. If additional or alternative accommodation should be provided, the Director, or designee, will issue a revised accommodation letter to the student and any applicable faculty or staff as appropriate. If the concern is not resolved, or if the concern is about a decision made by the Director of SAS, students should proceed to Step 2 and bring the concern to the Assistant Vice President for Student Success.

• Step 2. Request for Reconsideration/Review by the Assistant Vice President of Student Success.

The AVP will review requests promptly, and generally within five (5) business days of receipt. The AVP will review the requested accommodation,followed andation provided, review the interactive process to ensure proper steps were followed, and may meet with the student or other appropriate university staff. The review may take up to fifteen (15) business days.  If, after the AVP’s review of the available information, they determine that additional or alternative accommodations should be provided, they will notify the student and the Director of Student Accessibility Services. SAS will issue a revised accommodation letter to the student and applicable faculty and staff as appropriate.

If the concern is unable to be resolved through steps one (1) and/or two (2), students may request a formal review of the determination(s) by the ADA Coordinator. [2] 

B. Review by the ADA Coordinator

After unsuccessful resolution attempts in Section III A., students may submit a written request for review to the ADA Coordinator at equity@wm.edu. The request should contain a clear statement of the concerns, information about the original accommodation request, any alternative accommodation provided, and any reviews and outcomes undertaken as part of Section III A.  

Upon receipt of the written request, the ADA Coordinator will review the information submitted by the student, the case file, including any medical documentation, review the interactive process to ensure proper steps were taken, and seek information from the student and/or any appropriate university staff as needed.

Students with new or otherwise previously unavailable medical information or documentation will, typically, be referred to the Director of Student Accessibility Services, or other SAS staff as appropriate, to re-engage in the interactive process. If this re-engagement does not result in a different determination, the student should alert the ADA Coordinator, who will resume their review process.

After reviewing the available information, the ADA Coordinator will determine whether any changes to the original accommodation determination are needed. The ADA Coordinator will provide the student and the Director of SAS with a summary of their review process, outcome an, if applicable, note any additional or alternative accommodations that should be provided.  If applicable, SAS will issue a revised accommodation letter to the student and any appropriate faculty or staff.

The review and determination by the ADA Coordinator will typically be made within fifteen (15) business days of receipt.[3] The ADA Coordinator’s determination is final and shall conclude this grievance process. However, students are always welcomed and encouraged to reengage in the interactive process with Student Accessibility Services.

The ADA Coordinator or Director of Student Accessibility Services can provide students information about the formal complaint process, should they wish to file a formal complaint of Discrimination.  (See Section IV). 

C. Other Disability-Based Issues/Complaints

Students may seek assistance at any time from either the Director of Student Accessibility Services or the ADA Coordinator for the resolution of disability-related issues or complaints. The ADA Coordinator can provide information about other informal resolution options including, but not limited to facilitated conversations, appropriate remediation, education, and training, and can also provide information about filing a formal complaint of discrimination with the Office of Compliance & Equity.  (See Section IV)

IV. Formal Complaint of Disability-Based Discrimination

The Office of Compliance & Equity is responsible for ensuring compliance with the Discrimination, Harassment and Retaliation Policy and Procedure, which prohibit discrimination and harassment based on disability. Examples of alleged discrimination involving students with disabilities include failure to provide an accommodation approved by SAS, failure by SAS staff to engage in the interactive process resulting in the denial of an accommodation, or disability-based harassment. Students may file a report of disability-based discrimination with the Director of Title IX and Civil Rights Compliance at [[reportconcern]]. The Office of Compliance & Equity will review the report and follow the procedures outlined in the Discrimination, Harassment and Grievance Procedure.   The Civil Rights Review Team may, in their discretion, refer the report to the ADA Coordinator for informal resolution.

V. Confidentiality and Retaliation

Records, whether electronic or paper, pertaining to a student’s disability and accommodations, are maintained separately from other education records by Student Accessibility Services.  Records relating to a student’s disability and accommodations are considered education records under the Family Educational Rights and Privacy Act (FERPA) and William & Mary's Student Records Privacy Policy and Notification of Rights under FERPA. Information from records held by SAS is shared only with the consent of the subject student except to the extent that FERPA authorizes disclosure without consent, such as disclosures to school officials with a legitimate educational interest to fulfill their professional responsibilities for the university pursuant to §99.31(a)(1) of FERPA.

Documents relating to a disability on file with Student Accessibility Services will be retained and destroyed in accordance with the Library of Virginia’s Records Retention Schedules. 

The university prohibits retaliation against individuals who report discrimination or harassment and/or participate in any complaint or grievance process. Concerns about retaliation should be reported to the Office of Compliance & Equity at reportconcern@wm.edu.

VI. Approval & Amendment

This procedure was approved by the Provost. The Provost has authorized the ADA/Rehabilitation Act Coordinator to make minor and technical amendments and clarifications. 

Technical amendments to update office names and officer titles were made effective January 2013 and to update office locations effective October 3, 2014. Additional technical amendments to update office names were made effective July 15, 2015.

Additional technical amendments to update the next level review process and to update contact information were made effective on August 21, 2018. Amendments to clarify the review process were added on January 28, 2021.

Amendments were made effective August 25, 2025, to revise and clarify the informal grievance/formal complaint processes to reflect current practices, to update contact information and to change final reviewer in Section III from the Provost to the ADA Coordinator.  The Provost approved these amendments on August 25, 2025.

VII. Interpretation & Compliance

Questions about this procedure or rights and responsibilities concerning discriminatory behavior, including the application of the ADA and the Rehabilitation Act, may be brought to the university ADA/Rehabilitation Act Coordinator, the Director of Title IX and Civil Rights Compliance, or the Director of Student Accessibility Services.

The ADA/Rehabilitation Act Coordinator has the primary responsibility for coordinating the university’s efforts to comply with the ADA and the Rehabilitation Act. These responsibilities include monitoring compliance with related policies and procedures.    

Contact Information

ADA/Rehabilitation Act Coordinator
Carla Costello Ed.D. ’15
102 James Blair Hall
College of William & Mary
P.O. Box 8795
Williamsburg, Virginia
757-221-1254
equity@wm.edu

Director of Title IX & Civil Rights Compliance/Title IX Coordinator
Dr. Jenelle M. Job 
108 James Blair Hall
William & Mary
757-221-4977 
[[reportconcern]]

Director of Student Accessibility Services
Kara Fifield     
181 Sadler Center
William & Mary
757-221-2512
[[sas]]                        

VIII. Related Policies and Information

• Policy Prohibiting Discrimination, Discriminatory Harassment, Retaliation & Sexual Misconduct
• Discrimination Grievance/Complaint Procedure
• Student Disability Accommodation Policy and Procedure
• Report a Barrier to Access
• Accessibility at W&M
• Technical & Behavioral Standards

[1] Disciplinary action against a faculty member is governed by procedures set forth in the Faculty Handbook. Students can file a complaint of disability-based discrimination with the Office of Compliance & Equity at [[reportconcern]].

[2] The Director of Title IX and Civil Rights Compliance will conduct the formal review when the ADA Coordinator needs to recuse themself for just cause. 

[3] This time frame may be adjusted based on the complexity of the matter, the availability of involved parties, or other intervening events or circumstances.   The university is mindful of the importance of promptly and effectively resolving complaints and will make such adjustments only as needed.