Binghamton University prides itself on its commitment to equal access and the celebration of a diverse student body. We embrace our legal and ethical responsibility for ensuring the provision of services and accommodations that afford enrolled students with disabilities equitable access to, and participation in, all institutional programs and activities. The Services for Students with Disabilities (SSD) office stands ready to partner with and assist students who identify themselves to us and to problem-solve issues or concerns that arise.
If you're a Binghamton University student who believes you're being denied equal access or are being discriminated against on the basis of disability, we encourage you contact SSD to set up an appointment and meet with the SSD director to discuss your concerns and possible options.
Appeals & Complaints
SSD is committed to a fair process for the resolution of appeals and complaints related to disability discrimination or the failure to reasonably accommodate disability-related needs.
The following process may be used by students with disabilities through the Accommodations Appeals Process to resolve appeals and complaints about the following matters:
- Denial of academic, parking, placement/clinical or housing accommodations;
- Decisions regarding eligibility for academic or housing accommodations;
- Determinations of specific appropriate academic accommodations;
- Determinations of specific appropriate housing accommodations.
*Please note only students can file an appeal or complaint.
ACADEMIC, HOUSING, PARKING, CLINICAL ACCOMMODATIONS
The following process may be used by students with disabilities through the Academic Accommodations Appeals Process to resolve complaints and appeals about the following matters:
- Decisions regarding eligibility for academic, housing, parking, clinical accommodations;
- Determinations or denials of specific appropriate academic, parking, clinical accommodations.
Students may address concerns about these accommodation decisions affecting them in three ways. The first is to pursue an informal resolution. The second is to pursue a formal appeal. The third is to pursue a formal grievance. While we encourage students to begin with an informal resolution, a student may choose to start with a formal appeal or formal grievance.
Formal complaints involving instructors are managed by a separate process. That is described below in a separate section.
Informal Resolution Process
In general, when a student is dissatisfied with any academic accommodations, the fastest process for resolving the issue is to directly contact the student’s SSD Disability Specialist for an informal resolution of their concerns. Through further interactive discussions, and at times additional documentation, a solution may be achieved.
A student may pursue an informal resolution of a complaint by scheduling a meeting with their Disability Specialist to discuss the complaint and explore possible avenues of resolution.
If a satisfactory solution cannot be reached, the student may still then initiate a formal appeal by putting the complaint in writing and requesting a meeting with the Director. The appeal decision of the SSD Director is final, all appeals options are thus exhausted. If new documentation/information is received by SSD after the initial accommodation decision, during the appeal process, or after the appeal decision has been made, the initial accommodation decision (the decision prior to the appeal) can be reconsidered by the initial decision-maker (usually SSD Disability Specialist) due to the new documentation/information that was not available to SSD at the time of the original accommodation decision.
FORMAL APPEAL PROCESS
A formal appeal regarding a decision made by SSD or provision of (or denial of) an academic disability accommodation or service must be made in writing, must state unambiguously that it is a “formal appeal,” and must be sent via email to SSD.
The formal appeal email must describe the following:
- The specific accommodation or service issue that is the subject of the appeal,
- The date that the student was informed of the accommodation decision that is being appealed, and
- The facts on which the appeal is based
In order to assess and resolve a complaint, formal appeals must be submitted within ten days from the time the student was informed of the accommodation decision(s). SSD may treat untimely requests for appeals as having been waived by the student based upon failure to assert the complaint in a timely manner.
Examples of formal appeals might include the following allegations of the following matters:
- Procedural error or violation of policy by SSD staff;
- Decision regarding accommodations
- Decisions regarding eligibility for accommodations;
- Decision of SSD Director to deny an accommodation request (when Director is the initial decider).
Appeals submitted that do not include all of the required parts will not be reviewed. Students will be instructed of what information is missing and they will have 48 hours to complete all required information. Students who do not submit a formal appeal within 10 days or complete the additional information requested (48 hours) may have their appeal waived and not reviewed based upon failure to assert the complaint in a timely manner.
Upon receipt of a written appeal, the SSD Director will evaluate the complaint and make a recommendation to the appropriate decision regarding the outcome of the complaint. At a minimum, the evaluation should include an attempt to engage in an interactive interview of the complainant, a review of any relevant written materials submitted by the complainant, and an effort to obtain information from relevant individuals (i.e. interviews, SSD records, disability documentation, written statements or documents).
The SSD Director will seek to complete their review and meet with the student to discuss their concerns within ten business days of the date the complaint was received. SSD will then notify the student of the outcome. Complex complaints may not be resolved within ten business days. Complaints made during summer and winter recess also may not be resolved within ten business days.
The appeal decision of the SSD Director is final, all appeals options are thus exhausted at that time. If new documentation/information is received by SSD during the appeal process or after the appeal decision has been made, the initial accommodation decision (the decision prior to the appeal) can be reconsidered by the initial decision-maker (usually SSD Disability Specialist) due to the new documentation/information that was not available to SSD at the time of the original accommodation decision.
When an accommodation decision is made initially by the SSD Director (meaning the student met with the Director first for an accommodation decision, not another SSD staff member), and the student disagrees with the decision and wishes to file a formal appeal, the appeal will be filed with the Associate Vice President for Student Affairs and Chief Health and Wellness Officer. All timelines that are used in the SSD Appeal Process are used when appealing to the AVPSA. The decision of the AVPSA is the final decision when the SSD Director is the initial decision maker, all appeals options are thus exhausted. If new documentation/information is received by SSD during the appeal process or after the appeal decision has been made, the initial accommodation decision (the decision prior to the appeal) can be reconsidered by the initial decision-maker (the SSD Director in this case) due to the new documentation/information that was not available to SSD at the time of the original accommodation decision.
INSTRUCTOR COMPLAINT
If a student has received an accommodation letter from SSD and the student reviews those accommodations with their instructor, but the instructor indicates to the student that a specific accommodation described in the letter is academically inappropriate with regard to that instructor’s course, the instructor must contact the SSD office and discuss alternative accommodations. If an instructor does not and unilaterally denies an accommodation or does not provide the accommodation students may file a formal complaint with SSD. Students are encouraged not to discuss any disagreement with the instructor regarding accommodations directly with the instructor but instead reach out to SSD. Generally, complaints that an instructor has not observed the provisions of an accommodation letter cannot be resolved until after the student has advised SSD. Students must initiate those complaints as soon as possible. When the complaint is about a lack of provision of an accommodation, especially testing accommodations (E.g., 1.5X time, access to a computer or tablet), students who wish to file a complaint must do so within 10 business days of the incident. Campus may treat untimely complaints as having been waived by the student based upon failure to assert the complaint in a timely manner.
Initial accommodation letters issued through the Accommodate Portal are typically general and are not tailored to any specific course. Instructors are welcomed and encouraged to provide input as to whether or not accommodations proposed by the SSD Letter of Accommodation are academically appropriate for an instructor’s specific course. When an instructor informs SSD that an accommodation proposed is not appropriate for a specific course, the instructor and SSD confer and agree regarding an alternate accommodation (or agree that no accommodation is appropriate), and that agreement is reflected in a new accommodation letter or email for that course issued by SSD to the student (or by affirming to the student that the current letter will be observed by the instructor).
If SSD and an instructor disagree regarding the appropriateness of an accommodation for a particular course, the matter is referred to the SSD Director who will collaborate with appropriate academic officials (including but not limited to the department Chair or Appropriate College Dean or appointee) to determine what accommodation may be appropriate, and direct the SSD Disability Specialist to either issue a new accommodation letter or inform the student that the existing accommodation letter will be observed by the instructor. SSD, not the student, is responsible for managing disagreements between SSD and an instructor.
When the complaint concerns the failure of an instructor to follow SSD’s recommendations as set forth in an accommodation letter, the SSD Disability Specialist will reach out to the instructor and determine a reasonable solution. If a solution cannot be achieved, the SSD Disability Specialist will involve the SSD Director. At this time the SSD Director will involve other parties as necessary, including, but not limited to, the instructor, appropriate Dean’s Office, Human Resources or University Legal Counsel.
Students also have the right to file external grievances via the following:
Disability Based Grievances via the State of New York
The State University of New York (“State University” or “SUNY”), is committed to maintaining campuses and a workplace free from sexual harassment and from unlawful discrimination. SUNY, in its continuing effort to seek equity in education and employment, and in support of federal and state anti-discrimination legislation, has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of unlawful discrimination on the basis of race, color, national origin, religion, creed, age, sex, sexual orientation, disability, gender identity, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.
In compliance with the Rehabilitation Act of 1973 (Public Law 93-112), as amended, and the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended, SUNY policy prohibits unlawful discrimination on the basis of disability in its programs, services, and activities. Students who believe they have been subjected to discrimination on the basis of a disability are to follow the procedures set forth in SUNY Document 6501. The purpose of this document is to outline the procedures and enable the resolution of grievances alleging violations of Anti-Discrimination Laws or of University policies against harassment or discrimination.
Per SUNY Document 6501, a student has the right to file a grievance if they believe they have been discriminated against. A student who complains about Disability Discrimination or Harassment should be referred to the Executive Director, Equity, Access & Diversity Education; Affirmative Action Officer for assistance. A brief summary of the complaint process is outlined on the DEI web page.
Disability Based Discrimination
- Exclusion of a qualified student, on the basis of disability, from participation in any academic, research, or other University service, program, or activity;
- The denial of a qualified student, on the basis of disability, of the benefits of any academic, research, or other University service, program, or activity;
- Otherwise subjecting a qualified student, on the basis of disability, to discrimination in any academic, research, or other University service, program, or activity.
Disability-Based Harassment includes:
- Verbal acts and name-calling; graphic and written statements which may include use of cell phones or the Internet;
- Other conduct that may be physically threatening, harmful, or humiliating.
The Grievance Process
If you believe you have experienced bias or harassment on the basis of disability, please contact dei@binghamton.edu.
As described in SUNY Document 6501, the grievance may be submitted in writing to the Executive Director, Equity, Access & Diversity Education; Affirmative Action Officer in the Diversity, Equity and Inclusion office or emailed to dei@binghamton.edu from the Student’s official email address.
The Grievance Process strives to be prompt, equitable, confidential, accessible, and retaliation-free. Once the grievance process is initiated, the Executive Director, Equity, Access & Diversity Education; Affirmative Action Officer will conduct an investigation into the student's claims and submit a written report within sixty days of the initial receipt of the grievance.
United States Office of Civil Rights
The Office for Civil Rights (OCR) has the authority to investigate complaints of discrimination based on race, color, national origin, or ancestry, Sex, Disability, and Age.
OCR also has the authority to investigate complaints claiming that a covered entity:
- Retaliated for the purpose of interfering with any right or privilege protected by the laws enforced by OCR;
- Retaliated because someone made a complaint, testified, assisted, or participated in any manner in an OCR matter;
- Discriminated against any youth group officially affiliated with a group or organization listed in title 36 of the United States Code (as a patriotic society) that is intended to serve young people under the age of 21 that requests to conduct a meeting at a public school.
If you believe you have been discriminated or retaliated against on any of these bases by a covered entity, you can file a complaint with OCR. Learn more about how to file a complaint - and about the complaint evaluation and resolution process - using the resources found here.
University Ombudsman
The Office of the University Ombudsman is a welcoming and safe place to bring your concerns, evaluate your situation, organize your thoughts, and identify your options. The Office operates with strict confidentiality and keeps no records identifying visitors. The Ombudsman does not get involved in or report to any formal processes or conduct formal investigations. The Ombudsman is independent and impartial. All of the Ombudsman's services and guidance are available to faculty, staff, students, and anyone else who has a concern that is related to Binghamton University.
To make an appointment, please call the Ombudsman Office at 607-777-2388 and leave a voicemail with your name and the best phone number by which to contact you.
Division of Diversity, Equity, and Inclusion
Phone: 607-777-4775
Email: ODEI@Binghamton.edu
Location: Library South Ground Floor 548