04.190 Disability Accommodations for Students

 Vice Chancellor for Student Affairs

Revised February 3, 2026; Revised and Reformatted May 7, 2007; supersedes former Policy

Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008.

 N/A

 Disability Resource Center

Policy Details:

1. Purpose

   1. In accordance with Section 504 of the Rehabilitation Act of 1973 (“Rehab Act”), the Americans with Disabilities Act of 1990 (“ADA”), The ADA Amendments Act of 2008 ("ADAAA"), and state law, University of North Carolina Wilmington (hereinafter "UNCW" or the "University") is required to accommodate an otherwise qualified individual with a disability by making a reasonable modification in its services, programs, or activities. This regulation addresses the eligibility of students for accommodations in educational programs, services, and activities at UNCW, as well as the provision of such accommodations to students with various types of disabilities.

2. Applicability and Definitions

   1. This policy applies to all qualified students with disabilities, as defined below. The University aims to assist such individuals in obtaining reasonable accommodations, unless the accommodation would fundamentally alter the program or pose an undue hardship to the University. Students seeking reasonable accommodations to bring an animal on campus should refer to policy 05.360 Service Animals, Emotional Support Animals, and Pets. Employees seeking reasonable accommodations should refer to Policy 08.224 Employee Reasonable Accommodation.

   2. Definitions

      1. Disability – a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment.

      2. Qualified student with a disability – a student who, with or without an accommodation, meets the essential eligibility requirements for participating in programs, services or activities provided by the University.

      3. Essential eligibility requirements – the fundamental academic or other technical standards required for admission to or participation in the University’s programs, services or activities that an individual must be able to meet with or without an accommodation.

      4. Reasonable accommodation – an adjustment or modification in the University environment that enables an individual to enjoy equal access to the University’s programs, services or activities. The provision of auxiliary aids may be an accommodation.

      5. Auxiliary Aids – effective methods of making academic materials available to students with disabilities. Examples of auxiliary aids include, but are not limited to, audio recorders, talking calculators, Braille keyboards, text to speech, assistive listening devices, raised line drawings, voice synthesis software, and screen magnifiers.

3. University Responsibilities

   1. UNCW retains authority, through the Disability Resource Center ("DRC") to determine reasonable accommodations after giving consideration to the documentation provided, institutional expertise in working with students with disabilities and the preferences of the student.

   2. UNCW has designated the DRC as the unit responsible for providing official notice to faculty regarding implementation of accommodations for students with disabilities.

      1. The DRC engages in an interactive process and reviews requests for accommodations on an individual basis. In determining eligibility for accommodations, DRC considers each individual’s condition, history, request and the essential elements of UNCW’s courses, programs and activities, as well as whether the requested accommodation would fundamentally alter the program or pose an undue burden.

   3. UNCW provides periodic in-service training for faculty and staff to develop their awareness and understanding of the needs of students with disabilities and legal compliance issues.

   4. UNCW does not solicit information regarding an applicant’s disability to determine admission. However, such inquiries may be made after an individual has been admitted for the purpose of providing reasonable accommodations upon request.

   5. UNCW does not limit the number or proportion of individuals with disabilities who will be admitted or enrolled.

   6. UNCW provides the necessary auxiliary aids, services or other reasonable accommodations to students with disabilities to provide access to University programs, services or activities. Auxiliary aids, such as assistive listening devices, need not be on hand or present at all times, but are made available at the time the student needs it.

   7. UNCW does not provide students with disabilities with devices or assistance for personal use, including but not limited to wheelchairs, eyeglasses, hearing aids, personal assistance for caring for oneself, or readers.

   8. UNCW does not require a student with a disability to accept an accommodation, aid, service, opportunity or benefit under any circumstances.

   9. UNCW, in providing academic accommodations, may not fundamentally alter the nature of the program, service or activity; require waiver of essential program or licensure requirements; violate accreditation requirements; or pose an undue burden on the institution.

   10. UNCW does not place a surcharge on a particular student with a disability or group of students with disabilities to cover the costs of measures that are required to comply with the applicable disability law.

   11. UNCW and its agents does not coerce, intimidate, retaliate against or discriminate against any student for exercising a right under applicable disability, or for assisting or supporting another person to exercise a right under such law.

4. Student Responsibilities

   1. Each prospective student must meet the qualifications and maintain essential institutional standards for courses, programs, services, activities and facilities.

   2. Each student is responsible for making timely and complete disclosures and specific requests regarding accommodations. Requests for accommodations should be made as soon as possible.

   3. Each student seeking accommodation based on a disability must submit documentation that aligns with the DRC’s documentation guidelines. Students submitting incomplete or insufficient information may be asked to provide additional documentation.

   4. Students with disabilities must abide by the Code of Student Life in the same manner as all students.

   5. In the event of a dispute about whether a student is eligible for an academic accommodation or about the provision of an accommodation by the University, the student should follow the Grievance Procedure outlined on the DRC website and in Section VI of of this policy. Students may also file a charge of discrimination with the Civil Rights Division of the NC Human Relations Commission or the Office for Civil Rights in the US Department of Education. The Grievance Procedure on the Disability Resource Center’s website provides the mailing address and contact information for these two agencies.

5. College/Department/Faculty Responsibilities

   1. UNCW colleges, departments and faculty do not discriminate in recruitment, admission, educational process or treatment of students with disabilities.

   2. UNCW requires all faculty and staff to read all communications from DRC and to provide reasonable accommodations approved by the DRC. If the request for accommodation is unclear, appears to fundamentally alter the requirements of the course or appears to be unreasonable, faculty and staff are expected to contact the DRC within 3 business days.

   3. If a student requests accommodations and the faculty/staff member has not received notification from the DRC, the faculty/staff member should refer the student to DRC to request reasonable accommodations.

   4. UNCW faculty and staff do not counsel or advise qualified students with disabilities toward more restrictive career and/or academic objectives than non-disabled individuals with similar interests. This prohibition does not preclude providing factual information about licensing and certification requirements that may present challenges to students with disabilities in their pursuit of particular careers.

   5. UNCW requires faculty to include disability accommodation information on the course materials as well as information about the DRC. Faculty should also include an invitation to students with disabilities to schedule a meeting to discuss implementation of their university approved accommodations in the course.

6. Grievance Procedures

   1. Reconsideration

      1. Students who disagree with a determination of eligibility for accommodations have the option to request a reconsideration. A reconsideration is specifically designed to address a requested accommodation that was not approved by the DRC.

      2. To request a reconsideration, students should follow the process outlined by on the DRC website.

   2. Informal Resolution

      1. Any student who believes that they have been the subject of discrimination based on their disability or who believes that the accommodations and services afforded are not reasonable to provide access should seek resolution. The University has adopted internal procedures designed to provide prompt and equitable resolution to disability complaints at the earliest and lowest level possible.

      2. When appropriate, informal resolution with the individual, organization, or department giving rise to the complaint is encouraged and should be attempted prior to formal filing of a grievance. The informal procedure affords all interested persons an opportunity to respond and make modifications if necessary.

   3. Formal Grievance Procedure

      1. If not informally resolved, students with complaints concerning alleged discrimination or a failure to reasonably accommodate their disability should make these complaints known to the Director of the Disability Resource Center. The Director will investigate the complaint and suggest solutions.

      2. If resolution is not achieved or the individuals involved are not satisfied with the resolution, the student may discuss their complaint with the ADA Coordinator, who will advise the student of the steps in the grievance process and receive their formal written complaint. The role of the ADA Coordinator is to assess whether conditions were present that constituted disability discrimination, harassment, or which limited or denied access to university programs, activities, or services and to offer substantive resolution(s) to rectify conditions.

      3. There are three categories of grievances:

         1. Physical Barriers Preventing Access (Physical, Website, and Mobile Apps)

         2. Failure to Accommodate; Disability-based Discrimination; Disability-based Harassment

         3. Policy and Procedures Preventing Access

      4. The ADA Coordinator’s assessment of disability discrimination or harassment is based on evidence that the conduct was sufficiently severe, persistent, or pervasive enough to deny or limit the complainant’s ability to participate in or benefit from UNCW’s programs, activities, or services.

      5. The formal, written grievance must be submitted by the grieving student as soon as possible but no later than 60 calendar days after the alleged violation, except when extenuating circumstances prohibit such submission (i.e., hospitalization, incapacitation) to:

         Dr. Brian Victor
         ADA Coordinator/504 Compliance Officer
         Campus Box 5982
         DePaolo Hall 1106
         Wilmington, NC 28403-5982
         (910) 962-7771
         Email: ADA-504-Coordinator@uncw.edu

      6. The written grievance must contain specific information about the alleged disability discrimination or failure to make a reasonable accommodation, including:

         1. the name, address, phone number of grievant;

         2. the identity of the respondent – the individual or department whose action gave rise to the matter;

         3. the category of grievance (listed in section 3);

         4. any requests for accommodations sought, a description of the injury, and resolution sought; and

         5. a summary of the time, place and results of any informal resolution discussion that took place to attempt to clarify or resolve the complaint with the respondent.

            Students unable to file a written grievance due to a documented disability will be given the option of responding through alternate means to establish their grievance.

      7. Within 15 business days after receipt of the formal written grievance, the ADA Coordinator or designee will meet with the grievant to discuss the allegations and the possible resolutions.

      8. If a grievant seeks personal redress for disability-based discrimination or disability-based harassment, the grievant must be willing to be identified to the respondent. The ADA Coordinator will notify the respondent, in writing, stating the nature of the grievance and indicating that an inquiry will be conducted.

         If the grievant is not willing to be identified or ceases to seek personal redress, the institution may pursue an inquiry on the institution’s behalf and in its name rather than the grievant’s, if it determines that such action is necessary. These latter inquiry procedures are initiated by the institution to ensure appropriate conduct by its employees (e.g., when the institution seeks to prevent recurrence of apparent improper conduct, even though no individual wishes to pursue a personal grievance).

      9. Within 15 business days after meeting with the grievant, the ADA Coordinator/designee should initiate an investigation and upon conclusion offer options for a substantive resolution, if warranted. The investigation will proceed in a timely manner. The ADA Coordinator will issue the resolution in written form and, where appropriate, in a format accessible to both the grievant and respondent. The response will explain the position of the University and offer options for substantive resolution of the complaint.

      10. The ADA Coordinator does not determine personnel actions. If in their professional opinion the ADA Coordinator assesses that a faculty or staff member may have allowed an environment of disability-based discrimination related to the grievant, the ADA Coordinator may refer the case to Human Resources for determination of appropriate review and action.

      11. All grievance proceedings will be conducted in a manner that protects the confidentiality of all parties to the extent permitted by law.

7. Appeals

   1. The grievant or respondent may appeal the decision and/or resolution on the following grounds:

      1. The alleged behavior persists;

      2. The proffered resolution was not implemented;

      3. Material procedural irregularities occurred during the grievance process; or

      4. New evidence has been discovered that had not been available during the grievance process and that may have a substantial impact on the outcome.

   2. Dissatisfaction with the decision and/or proffered resolution is not grounds for an appeal.

   3. A party seeking to appeal on approved grounds must file a formal appeal in writing within 10 business days after receipt of the ADA Coordinator’s resolution to:

      Dr. Christine Reed Davis
      Vice Chancellor for Student Affairs (VCSA)
      Alderman Hall, Room 101
      Wilmington, NC 28403-5982
      (910) 962-3117
      Email: vcsa_office@uncw.edu
      
      The VCSA will review the grievance and resolution proffered by the ADA Coordinator.

   4. Within 15 business days of receipt, the VCSA will render the final resolution in writing to both the grievant and respondent and, where appropriate, in a format accessible to both parties. The VCSA will also inform the appropriate Vice-Chancellor who has administrative jurisdiction over the respondent. There is no university appeal authority above the VCSA.