Student Affairs Navigation Department Navigation Page Content Page Footer
Disability Services for Students Banner
University of Montana University of Montana University of Montana A to Z index University of Montana Search
Expect Success > Due Process

Access Map  Report Barriers

Due Process

What happens if I choose not to comply?

If an instructor does not provide an accommodation which is reasonable and legitimate, the student has several options, both formal and informal. While Disability Services coordinators default to the level of action which intervenes the least between the student and the instructor, we also have an ethical obligation to inform students of their rights to due process under the law.

Informal options, and therefore the least interventionist ones include the following:

  • clarifying the student's rights in the situation at hand, and coaching them about how to best discuss the accommodations further with their instructor
  • Disability Services coordinator may phone the instructor to further clarify the issue and to ensure he or she understands the student's civil rights
  • student and Disability Services coordinator meet with instructor
  • student may contact chair or dean for assistance with the situation
  • the student may seek mediation/advocacy from the ASUM Ombudsman

There are also a number of formal processes the student may wish to engage. First, the student may engage the Alternative Dispute Resolution (ADR) Process, developed by the University in compliance with the ADA. This is an internal process designed to resolve complaints in as expedient a manner as possible. The ADR body is comprised of three members of the University's ADA/504 Team, listed at the end of this handbook.

Second, the student may wish to file a formal, internal complaint with the AA/EO officer on campus. This review process will attempt to determine if discrimination on the basis of disability has occurred, and recommend resolution.

Finally, the student always has the right to file formal complaints with either the Montana Human Rights Commission or with the U.S. Dept. Of Education's Office of Civil Rights. This process takes longer before the situation is resolved, but carries with it greater threats to the University as a whole in the event of adverse findings.

Again, not every accommodation is legitimate for every student. Contact Disability Services to obtain more information about the request(s) in question.