Disability Services

The Disability Services office acts as a resource for students who need assistance in addressing disability issues and concerns. Disability Services coordinates Mount Saint Mary College's academic and non-academic campus accommodations (including for temporary disabilities), assists students in communicating needs to faculty and staff, and works collaboratively with other departments to resolve any concerns related to disability needs that may arise. Students with documented disabilities who require accommodations must identify themselves to Disability Services and present appropriate documentation for review, as described below.

Applying for Disability Accommodations

In order to qualify for disability accommodations at Mount Saint Mary College, students must meet the definition of an individual with a disability as defined by the Americans with Disabilities Act (ADA). Under ADA an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment.

In order to establish disability status and receive accommodations, students must provide Disability Services with current and comprehensive disability documentation supporting the student's impairment(s). Accommodations depend upon the nature and degree of severity of the documented disability. Updated and recent documentation must be provided by a qualified professional and should attest to the existence of a disability and the impact of the disability on academic performance and/or daily functioning as it relates to campus life. The appropriate accommodation request forms can be found on the Disability Services webpage located at www.msmc.edu or the Disability Services office. Students can also request a copy of this packet by calling or emailing the Disability Services office.

Upon receipt of all necessary forms, documentation, and testing data, Disability Services will review the information and determine the student's eligibility for accommodations. In some instances, Disability Services may need to contact the doctor or the other professionals who have provided the documentation in order to clarify the nature of the disability and to help determine the student's eligibility for accommodations. Disability Services may also request to have further contact with the student and his/her family in determining the student's eligibility for accommodations.

Every effort will be made to provide accommodations in a timely manner, but circumstances such as incomplete documentation and/or last-minute requests for accommodations may delay this process. While the law requires that priority consideration be given to the specific methods (accommodations) requested by a student, it does not imply that a particular accommodation must be granted if it is deemed not reasonable or other suitable techniques are available.

Upon approval of the documentation submitted, all students must meet with the member of the Office of Disability Services for an intake meeting to discuss approved accommodations and how to utilize them at MSMC. Accommodations will not be put into place until the student has attended this meeting.

Disclosure of Information

Disability related information provided to Disability Services is considered an educational record, which falls under the protection of the Family Educational Rights and Privacy Act (FERPA). FERPA permits Disability Services to share information about the impact of a disability and accommodation eligibility with other Mount Saint Mary College officials who have a legitimate educational interest. A college official includes, but is not limited to faculty and instructional staff, the Dean of Students, Residence Life staff, office of the Registrar staff, academic coaches, Safety/Security staff, Counseling Services staff, and Health Center staff. Legitimate educational interest means that the college official needs to review an educational record or receive educational record information in order to fulfill his or her professional responsibilities. Sharing this information does not require student consent under FERPA.

Disclosure of educational record information to a Mount Saint Mary College official having a legitimate educational interest does not, however, constitute authorization for that person to transmit, share, or disclose any or all of that information to a third party who does not have a legitimate educational interest.

Consent to Release Records

Written consent is required for the release of records to non-college officials. Disability Services staff will provide disability documentation to a specified individual after a student has provided written authorization or consent. The Authorization to Release Information form can be found online at www.msmc.edu. Students can also request a copy of this form by calling or emailing the Disability Services office.

Self-Disclosure

Students have the right to disclose specific disability information as they choose. A student is not required to disclose disability status when there is no need for an accommodation in a class or other campus setting. A delay in appropriate disclosure can result in a student not receiving an accommodation for a particular activity or in a particular setting or environment because insufficient time is available to arrange or provide the accommodation.

Should there be any disagreement about documentation, the review process, accommodations, or any other matters related to disability issues, students may request an appeal hearing for a disability concern (see below for more information).

Further information about Disability Services and disability accommodations can be obtained by contacting Disability Services staff by phone (845-569-3638), e-mail (disabilityservices@msmc.edu), or online at www.msmc.edu.

Appeal Hearing for a Disability Concern

The College encourages informal resolution of student concerns and complaints. If a student has a concern or complaint regarding any of the matters set forth above, the student can first attempt to resolve the problem through an informal discussion with the Director of Disability Services. To be timely, the student should initiate this informal discussion within twenty (20) days of the alleged act that gave rise to the complaint. If, within ten (10) business days of the student's informal discussion with the Director, the student's complaint cannot be informally resolved to the satisfaction of the student, the student can file a written complaint under the formal procedure set forth below. A student is not required to resolve the matter through an informal discussion before filing a formal complaint.

Where a resolution cannot be reached informally, a complaint should be filed in writing, and shall contain the name, address, student identification number and telephone number of the person filing it, and briefly describe the nature of the complaint, including the location and the date of the alleged violation. The complaint shall be filed with the Vice President of Students or designee. A complaint should be filed within thirty (30) days after the student becomes aware of the alleged violation.

An investigation, as may be appropriate, will follow the filing of a complaint. The investigation shall be conducted by the 504 Compliance Committee. The College will conduct a prompt and thorough investigation, which affords the student, the subject of the complaint, other interested persons, and their representatives, if any, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint.

The student has the right to be assisted by a MSMC campus advisor who is not directly involved in the complaint. The campus advisor must be a full-time MSMC employee, who is acting in his/her role as a MSMC employee. The campus advisor may be present to advise only and may not participate. Advisors who interfere with the proceedings can be excused by the committee. During the course of the resolution of a grievance, the committee may call upon additional persons or request additional evidence it believes may be helpful in finding a suitable resolution.

Disability Services will make appropriate arrangements to ensure that the student with a disability is provided other accommodations, if needed, to participate in this process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. A student who makes use of procedure shall not be retaliated against for doing so. The availability and use of this procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the US Department of Education, Office for Civil Rights.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the College's 504 Committee no later than twenty (20) business days after receipt of the complaint. A copy of the written determination shall be forwarded to the student.

The student can request reconsideration of the resolution of a formal complaint if he or she is dissatisfied with the resolution. Appeals should be made within five (5) business days to the Vice President of Students or designee. The Vice President of Students or designee has twenty (20) business days to respond to the appeal. Decisions of the Vice President of Students or designee is final and are not appealable.

An appeal hearing for a Disability Concern is not available for students seeking to appeal a decision to place a student on an involuntary leave of absence. A student seeking to appeal such a decision may invoke the Appeals Process in the Involuntary Leave of Absence Policy. The College encourages informal resolution of student concerns and complaints. If a student has a concern or complaint regarding any of the matters set forth above, the student can first attempt to resolve the problem through an informal discussion with the Director of Disability Services. To be timely, the student should initiate this informal discussion within twenty (20) days of the alleged act that gave rise to the complaint. If, within ten (10) business days of the student's informal discussion with the Director, the student's complaint cannot be informally resolved to the satisfaction of the student, the student can file a written complaint under the formal procedure set forth below. A student is not required to resolve the matter through an informal discussion before filing a formal complaint.

Where a resolution cannot be reached informally, a complaint should be filed in writing, and shall contain the name, address, student identification number and telephone number of the person filing it, and briefly describe the nature of the complaint, including the location and the date of the alleged violation. The complaint shall be filed with the Vice President of Students or designee. A complaint should be filed within thirty (30) days after the student becomes aware of the alleged violation.

An investigation, as may be appropriate, will follow the filing of a complaint. The investigation shall be conducted by the 504 Compliance Committee. The College will conduct a prompt and thorough investigation, which affords the student, the subject of the complaint, other interested persons, and their representatives, if any, an opportunity to submit documents and information relevant to the consideration of and resolution of the complaint.

The student has the right to be assisted by a MSMC campus advisor who is not directly involved in the complaint. The campus advisor must be a full-time MSMC employee, who is acting in his/her role as a MSMC employee. The campus advisor may be present to advise only and may not participate. Advisors who interfere with the proceedings can be excused by the committee. During the course of the resolution of a grievance, the committee may call upon additional persons or request additional evidence it believes may be helpful in finding a suitable resolution.

Disability Services will make appropriate arrangements to ensure that the student with a disability is provided other accommodations, if needed, to participate in this process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. A student who makes use of procedure shall not be retaliated against for doing so. The availability and use of this procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the US Department of Education, Office for Civil Rights.

A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the College's 504 Committee no later than twenty (20) business days after receipt of the complaint. A copy of the written determination shall be forwarded to the student.

The student can request reconsideration of the resolution of a formal complaint if he or she is dissatisfied with the resolution. Appeals should be made within five (5) business days to the Vice President of Students or designee. The Vice President of Students or designee has twenty (20) business days to respond to the appeal. Decisions of the Vice President of Students or designee is final and are not appealable.

An appeal hearing for a Disability Concern is not available for students seeking to appeal a decision to place a student on an involuntary leave of absence. A student seeking to appeal such a decision may invoke the Appeals Process in the Involuntary Leave of Absence Policy.