Demanding Your Rights as a University of Wisconsin-Madison Student with a Disability

There’s no doubt that the move from high school to college or university is daunting for any student. But for students with a visible or unseen disability, the transition presents some unique challenges. Students are no longer protected by the rights and accommodations they had in high school, such as Individualized Education Plans (IEPs), and it often becomes the student’s own responsibility to identify what accommodations they are entitled to and request that the university provide them.

This task can be harder than it sounds, with schools often failing to properly cater to disabled students or to fully inform them of their rights, even if they are bound by the rules and obligations set out in the Americans with Disabilities Act (ADA). Schools may even seek to discipline students unfairly by failing to consider unseen or intellectual disabilities that led to alleged misconduct. That’s why if you’re a University of Wisconsin-Madison (UW-Madison) student with a diagnosed or suspected disability, and you’re facing questions around your conduct or academic progress, you should contact the LLF National Law Firm Education Law Team urgently at 888.535.3686 or online to secure the representation you deserve. But in the meantime, our team breaks down below how UW-Madison disability services work, what rights disabled students have, and how our team can help you exercise them.

UW-Madison Disability Policies

First, let’s consider UW-Madison disability policies, including what types of accommodations are available at the school, and where you might go to access the accommodations you need throughout your studies.

Students looking to learn more about accessing UW-Madison disability accommodations should approach the school’s disability office, the McBurney Disability Resource Center. The Center exists to create a “culture of inclusion” where students feel comfortable accessing the services they need and reaching out for help. However, although the Center “collaborates with students”, the onus largely falls on individual students to learn more about the services on offer and to decide what accommodations to apply for.

For anyone already dealing with a disability, particularly a learning-related disability, it’s easy to feel shut out. It’s easy to feel that the school is leaving you to your own devices and expecting you, where possible, to simply deal with your disability alone. But the problem here is that, without informing the school of your condition and securing the necessary support, you could be unfairly disciplined for falling behind academically or for a conduct-related matter for which the school did not consider your disability. To ensure you feel less overwhelmed, having the LLF National Law Firm Education Law Team on your side is critical. But in the meantime, let’s explore the UW-Madison disability accommodations and services on offer in more detail.  

UW-Madison Disability Accommodations

UW-Madison emphasizes that having a diagnosis is not sufficient to guarantee access to disability accommodations on campus. Instead, students must have a disability “substantial enough to impair their access to education”. Meaning, unless a UW-Madison Access Consultant determines that a student is disadvantaged without support, they may be unable to access school disability services. This is in line with ADA policy, which only requires schools to provide reasonable accommodations to students with qualifying or significant disabilities. However, the language used by UW-Madison makes applying for disability accommodations more daunting and emotionally draining, because students could feel defeated from the start.

Should students attempt to apply for accommodations, the services on offer include:

• Notetaking

• Preferential seating

• Housing accommodations

• Braille

• Alternative formats, e.g., large print or audio

• Alternative testing

Courses may also be substituted depending on a student’s learning needs, or the school may agree to alter the credits required to pass a certain module. This is helpful for students who may otherwise face disciplinary action for allegedly falling behind on coursework, even if the issue stems from an intellectual disability over which they have no control.

Once accommodations are granted, they’re valid for the whole of the student’s time at UW-Madison. But confusingly, students are still expected to reapply for these very accommodations each semester. The LLF National Law Firm Team can help if, for any reason, the school decides to deny access to such accommodations, there’s an issue accessing a classroom or school housing, or if the school removes a service you’re receiving from its program.

Accessing UW-Madison Disability Services

Students must first apply to UW-Madison for an eligibility assessment before they can be granted any accommodations. Typically, students should apply by June 30 to ensure accommodations are in place for fall classes. This timeline could catch students out–it’s clear that it takes UW-Madison considerable time to implement accommodations, which means students who seek help later could be disadvantaged. The process, once initiated, is as follows:

• Students apply online and submit supporting documentation, such as medical records, psychological testing, or neuropsychological exams.

• The school appoints an Access Consultant who will schedule a meeting online or in person.

• At the meeting, the students discuss their condition, their requests, and how the accommodations will support their needs.

• Students upload any further supporting documentation and await the school’s decision.

• The Access Consultant explains if accommodations are granted and the reasons behind their decision.

Students seeking accessible housing accommodations are expected to liaise directly with University Housing. It is unclear what role the McBurney Center takes in ensuring that disabled students are treated fairly here; however, our team will assist you with any queries and fight on your behalf if you are being treated unfairly or discriminated against. 

Even if the school grants accommodations, it becomes the student’s responsibility to communicate their needs to professors and teaching staff. And it can take a few weeks before professors even implement the accommodations once they’re aware of them. This creates issues around students feeling overwhelmed or intimidated approaching staff and, of course, professors with little understanding of the nuances of teaching disabled students may fail to properly implement the accommodations. The LLF National Law Firm Education Law Team can help you liaise with teaching staff and enforce your rights if you’re unfairly accused of academic or behavioral misconduct due to UW-Madison staff failing to support you.

Students With Invisible or Undiagnosed Disabilities

Not all disabilities are immediately obvious. And although the school is obliged to remind faculty members and professors of their obligations towards disabled students, and thereafter monitor faculty compliance, students with invisible disabilities face unique challenges—academically and behaviorally. For example, neurological disabilities, such as multiple sclerosis (MS), can cause significant impairment even if they’re not visible, making it challenging for students to complete assignments or engage with course materials.

Learning difficulties such as dyslexia can make it appear—unfairly— as if a student is falling behind, and some cognitive disorders such as autism may lead to behavioral difficulties which could otherwise be considered misconduct. Students may even struggle to access the initial application for services, depending on the nature of their disability.

Mental health issues, such as anxiety or depression, can impact student attendance and participation in class, which, again, can be viewed harshly by staff, inconsiderate of how such conditions impact a student. And we can’t forget the issue of possibly undiagnosed disabilities—students could be punished unfairly simply because they don’t yet have a clear diagnosis. But students represented by the LLF National Law Firm need not be concerned.

Not only will we ensure you are not overlooked or discriminated against, or face unfair disciplinary action alone, but we can also help those living with undiagnosed conditions access the testing and medical evidence they need to access the accommodations they need and deserve. And if you’re faced with an unfairly low or failing grade due to an undiagnosed or overlooked disability, we will support you through school negotiations to have the grade reviewed. 

Demanding Your Rights and the UW-Madison Grievance Process

Thankfully, with knowledgeable attorneys on your side, it’s often possible to resolve disciplinary matters relating to a disability informally with the McBurney Disability Resource Center. But if more formal action is necessary, your options depend on the nature of your grievance:

• Denied Accommodations or Services: Students can appeal to the Access Consultant through the alternative dispute resolution process. This is an interactive process, with students explaining why the accommodation should be granted and, hopefully, convincing the Access Consultant to review the decision.

• Discrimination: Students treated differently, or insensitively, due to their disability can file a harassment/discrimination form with UW-Madison. The school will conduct a support meeting, after which a formal investigation may be initiated.

• Misconduct or Academic Progress Concerns: Students can appeal grades at the end of their semester. The school reviews the decision, taking into consideration all relevant facts, including disability information, and will determine whether to change the grade or the credits awarded. Students may also have the chance to repeat an assignment or retake a test.

Students also have a general right, within 30 days of an issue arising, to appeal directly to the ADA Coordinator, who can attempt to resolve matters, whether this means reviewing accommodation denials or considering whether grades should be reviewed. Unsuccessful appeals may move directly to the US Department of Education.

The LLF National Law Firm Team can advise you on which option is best, depending on the nature of the issue you face. For example, we can help you gather and present supporting medical evidence, and we can guide you through negotiations or hearing procedures.

How the LLF National Law Firm Education Law Team Can Help

If you’re a student with a disability at UW-Madison, you might be concerned about standing out or speaking up for yourself against professors who often fail to understand the true significance of disabilities, particularly invisible disabilities. But if you do not advocate for yourself or defend yourself against academic progress or conduct concerns, you could risk probation, suspension, or even expulsion. And this is where the LLF National Law Firm can help.

• Although UW-Madison provides disabled students with rights, it’s not always clear how to exercise those rights properly. We will ensure you understand your rights and, crucially, that you don’t overlook any accommodations you may be entitled to.

• Determining what evidence you need to seek accommodations, or even to defend misconduct or academic progress issues, can be overwhelming. We will help you gather the relevant evidence to support your position.

• College disability issues and negotiations often involve complex processes. We will handle many of the procedural steps so you can focus on your academics.

• Matters such as housing accommodations and classroom access are especially challenging. Our team can assist with any issues you may have accessing suitable on-campus accommodation, classrooms, or other school buildings, should UW-Madison fail to offer support.

UW-Madison has its own attorneys who will enforce school interests. Without similar support, you are at an immediate disadvantage.      

Retain the LLF National Law Firm

College is challenging enough for any student, let alone when you’re facing concerns around accessing support services and trying to navigate the college system with a disability. If you’re unable to access the disability services or accommodations you deserve, or if you’re facing misconduct accusations due to your disability, know that you don’t need to face this challenge alone. The LLF National Law Firm Education Law Team is waiting to stand alongside you. Our disability accommodation attorneys will hold UW-Madison accountable and ensure that you receive the assistance you need and the opportunity to reach your full potential in a supportive environment.

Advocate for the fair treatment you deserve. Get help from the LLF National Law Firm, which will fight for your rights and do everything possible to facilitate the fairest possible outcome. Tell us about your case online now or, alternatively, call 888.535.3686.