Appeal Process
The City University of New York and John Jay College in compliance with sections 503 and 504 of the Federal Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, New York State legislation [Executive Law 296] and the New York City Human Rights Law does not exclude qualified individuals with disabilities, solely by reason of their disability, from participation in programs, activities, or employment. In addition, CUNY and John Jay College, in compliance with Title IX of the Education amendments Act of 1972, does not discriminate against any student on the basis of pregnancy, childbirth or related medical conditions.
Therefore, both students needing assistance for fulfilling academic program requirements due to a disability or while experiencing pregnancy or a medically related condition can make a request for an accommodation from the Office of Accessibility Services within the Student Affairs Department.
The Office of Accessibility Services makes every effort to reasonably accommodate students with disabilities to have the same access to school programs and educational opportunities that other students have.[1] The Office of Accessibility Services will determine whether to grant a reasonable accommodation based on presented documentation, including medical documentation, as well as student-described strengths and limitations. Prior accommodations granted for the same type of disability will be taken into consideration. The Office of Accessibility Services may consult with appropriate College officials to determine the feasibility of granting the requested accommodation consistent with University and College policy. Such consultation shall be confidential and limited to those officials having a need to know, such as the instructor or Academic Affairs officials when there are faculty or academic issues involved, as well as the CUNY Office of Disability Services to consult on best practices.
At times, students may request accommodations that are not reasonable, as described under the law, or cannot be justified by the documentation presented. In the event that the accommodation request is denied, the Office of Accessibility Services will explore and seek to establish alternative accommodations or services.
Appeal of a decision denying a student accommodation:
If the proffered accommodation is still unacceptable to the student, the student may contact the College’s 504/ADA Coordinator in order to informally discuss the matter in an effort to resolve the situation. The 504/ADA Coordinator will make recommendations in an attempt to resolve the matter. The student may also formally appeal, in writing, addressed to Gabriela Leal, Esq. in her capacity as the College 504/ADA Coordinator:
Gabriela Leal, Esq.
Director-Compliance & Diversity
John Jay College of Criminal Justice
Haaren Hall, Rm. 622T
524 West 59th Street
New York, NY 10019
gleal@jjay.cuny.edu
Office: (646) 557-4674
Fax: (212) 237-8128
The complete written appeal request should identify the specific accommodation that was originally requested and explain the circumstances that justify why the Office of Accessibility Services should have granted the requested accommodation.
The 504/ADA Coordinator will review the written appeal, which includes the student’s justification for the requested accommodation, will consult with the Office of Accessibility Services to review the records and information the Office of Accessibility Services had available related to the request for a reasonable accommodation at the time the decision to deny the specific requested accommodation was made.[2]
The 504/ADA Coordinator will issue the decision by sending a written response via email to the student at his or her John Jay email address, if the student does not request to be contacted elsewhere, with a notification to the Office of Accessibility Services. The decision will be issues as soon as possible with an estimated time of seven (7) to 10 business days from the date the student submitted the complete written appeal to the 504/ADA Coordinator.
If the original request is approved, the Office of Accessibility Services will implement the accommodation as per the decision of the 504/ADA Coordinator. If the appeal is denied, the Accessibility Services Office will work with the student to establish alternative accommodations or services to support their academic progress.
[1] The Office of Accessibility Services establishes and registers all official reasonable accommodations in the College for students with disabilities to access academic programs. It cannot enforce informal arrangements made outside of its purview.
[2] In the event that the student submits new information to the 504/ADA Coordinator that the Office of Accessibility Services did not have at the time the decision was made to deny the accommodation request, the 504/ADA Coordinator will submit that new information to the Office of Accessibility Services to review and consider in light of the original accommodation request. If the Office of Accessibility Services still denies the request for accommodation and the student request to appeal that decision, the 504/ADA Coordinator review the appeal.