Accommodating Students With Disabilities in the Title IX Process

Disability accommodations are intended to eliminate or minimize barriers to services. In the context of allegations of sexual misconduct, your college or university must consider requests for disability accommodations to help students report sexual violence and misconduct or respond to claims made against them, participate in the investigation and adjudication process, and determine which supportive measures to implement.

Accommodations can be tricky since your institution has a duty to provide a fair process that gives both parties the same procedural opportunities. The steps and considerations set forth here can help your institution when a party requests an accommodation during the Title IX or sexual misconduct process. Note: While these considerations can help with evaluating accommodation requests, they don’t address whether a student’s alleged disability is a substantive factor in the sexual misconduct claim.

Disability accommodations are distinct from other Title IX-mandated supportive measures. Unlike other supportive measures, accommodations are conditioned on confirmation of a disability, are tailored to the student’s individual disability, and must be approved by your institution’s disability resource office.

Address Accommodations in Title IX and Sexual Misconduct Procedures

To incorporate into your relevant procedures reasonable accommodations for students with a disability:

• List the disability resource office as an available resource in the procedures linking to applicable websites.
• If documents listing a party’s “rights” are provided to complainants and respondents, include consideration of disability accommodation requests.
• Proactively engage in discussions between the accessibility services office and the Title IX coordinator allowing student referrals to be timely and seamless.
• Link to accessibility services in your Title IX FAQs.
• Consider potential auxiliary services students may need to be able to contact the Title IX office or report an incident, including communications services and website accessibility.
• Offer help in complaint filing to qualified students with disabilities.
• Offer respondents with disabilities help in receiving and responding to the initial communication providing notice of the claim.
• Adopt language from your general student conduct procedure stating accommodations may be available in a Title IX grievance setting.

While maintaining flexibility for unique situations, identify clear, prompt deadlines for providing medical information, evaluating that information, and interacting with the student. The evaluation and accommodation process may affect deadlines; consider adding “arranging reasonable accommodations” to your procedure’s reasons for extending the projected time for completing a Title IX investigation.

Consider Requests and Evaluate Potential Accommodations

Confirm the disability.

After receiving an accommodation request, determine whether a student has a disability. Require medical documentation to support the disability claim.

The Title IX coordinator may initiate the documentation request but shouldn’t receive or evaluate medical documentation. Investigators who receive disability accommodation requests should refer them promptly to the Title IX coordinator, who will begin the process. If a party provides medical information to an internal advisor, the advisor should refer this information to accessibility services. Don’t maintain medical information in Title IX case management systems.

Instead, your institution must evaluate accommodation requests and related medical documentation through the accessibility resources administrator and/or the coordinator for Section 504 of the Rehabilitation Act.

Identify potential accommodations.

Once you confirm a disability, consult with administrators such as the Dean of Students, academic support advisor, Residence Life staff, or health center treatment providers (to the extent confidentiality allows) to identify appropriate accommodations in your process.

Determine whether any previously approved disability accommodations, such as use of an assistive device in class or extended time on assignments, may be allowed in the sexual misconduct investigation and adjudication process — but only if this doesn’t give an unfiar advantage to the student with a disability.

Accommodations to consider include:

• Extra time to review and respond to documents
• Longer or more frequent breaks during interviews and/or hearings
• Auxiliary aids or assistive devices, including an interpreter, notetaker, recording device, or copies of documents

If you’re considering a request to provide a support person, distinguish between that role and that of an advisor allowed in your sexual misconduct process. Remind the disability support person of requirements and restrictions on participation.

Carefully evaluate requests.

Assistance that provides a preferential advantage over another party is an unreasonable accommodation.

Be precise in language used during your sexual misconduct process. Use the term “accommodations” for actions taken to address disability-related needs. Using the term to describe supportive measures implemented elsewhere in the Title IX process may confuse parties and their advisors and should be rephrased. Similarly, be prepared to discuss the difference between a supportive measure for academic issues, and academic accommodations based on disability.

Document your rationale.

The Title IX Coordinator should document accommodations considered and granted, as well as the rationale for each decision. Consult with counsel about how best to capture and preserve this documentation. Keep a record of who was involved in decision-making.

Provide Approved Accommodations

Once you decide on an accommodation, your Title IX coordinator or accessibility services representative should notify the student in writing. For consistency among cases, have the same office always provide notification. (If the accessibility services office provides the notification, the Title IX coordinator should review the notice first. This protects the other party’s due process rights.) If deadlines are affected, notify the other party while maintaining confidentiality about the requesting party’s disability.

In addition, keep the sexual misconduct investigator informed of deadline changes and any other accommodations affecting the process. Don’t disclose the student’s medical condition. At each meeting with the student, investigators should identify and document the approved accommodation provided.

Avoid Due Process Issues

Ensure the accommodations don’t fundamentally alter the grievance procedure. The process must remain equitable for both parties. For example, if one party receives extra time or may copy documents, the other party may request the same modifications, citing fairness.

More From UE

Free Higher Ed Training Tool: Providing Sexual Assault Services to Autistic Students

Additional Resources

University of Arizona: Interim Procedures for Formal Complaints of Title IX Sexual Harassment, Notice of Allegations

Curry College: Student Handbook

University of North Carolina: Comprehensive Resource Guide

Princeton University: FAQs for Witnesses

Princeton University: Academic Accommodations, Supportive Measures, and Academic Adjustments

SUNY: Video Overview of Sexual Assault and Violence Resources (in American Sign Language (ASL)

National Council on Disability: Not on the Radar — Sexual Assault of Students with Disabilities