Just because you’ve made the transition from high school to college doesn’t mean you lose your rights as a student with a disability. Federal and state laws such as the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 still protect you from discrimination and ensure you have an equal opportunity to earn your degree.
Things have changed since high school, though. One of the biggest changes is that your school isn’t going to identify your disability for you and step in with classroom modifications. You have to stand up for yourself now and make your voice heard. Sure, Duke will do everything it can to accommodate your needs—once you let them know what those needs are. There are no IEPs anymore, though, and the university will only respond to your direct requests for assistance. In some cases, you may even need to demand your rights.
You’re not entirely on your own. The LLF National Law Firm is here to help. Our Education Law Team was founded to help students deal with all the red tape that colleges and universities put in your way. We’ve helped hundreds of students get the materials and services they need and deserve, and no matter what your situation, you can count on us to be on your side and ready to advocate on your behalf.
Whether you need help accessing resources or you’re being treated unfairly by Duke’s disciplinary misconduct system, we can help. To find out more about what we can do for you, call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Duke University’s Disability Services
The Duke Access and Accommodation Services office serves as the central resource for all university disability services. This office handles accommodation requests, coordinates events for the disability community, holds educational seminars, provides updates on accessibility issues, and ensures accessibility at campus athletic events.
As a Duke student, you’re entitled to take advantage of all of these services. You want to start, though, by requesting any accommodations you may need. Again, the university doesn’t know anything about you or your individual situation, and it can’t provide you with materials and services unless you ask for them.
The request process itself is relatively straightforward.
- Log on to the school accommodation portal.
- Fill out the request.
- In addition to the request, submit any documentation supporting your disability.
- At this point, you’ll receive a scheduling email to set up an appointment with an accessibility coordinator.
- You and the accessibility coordinator then work together on an accommodations plan.
Once you have a plan in place, Access and Accommodation Services issues accommodation letters for you to present to your instructors. Each semester moving forward, you use the same request portal to ask for accommodation renewals.
You should expect Access and Accommodation Services to be on your side and to work with you to resolve any issues you may encounter. You can’t always count on this office’s cooperation, though. It can sometimes be tricky, for instance, getting your documentation accepted. Students are occasionally denied an accommodation they may genuinely need. Or maybe you just plain don’t get along with your accessibility coordinator. Whatever the situation, your LLF National Law Firm attorney is in your corner and ready to help. We work for you, not the university, and we’re always willing to stand up for your rights, even if that means taking on Access and Accommodation Services.
More often, instructors refuse to implement accommodations that Access and Accommodation Services has approved. In most cases, Access and Accommodation steps in to resolve these issues, but your LLF National Law Firm attorney can help remind an instructor of their obligations when necessary.
Here’s the bottom line: you have the right to reasonable accommodations. These aren’t “advantages” you’re being given. They’re necessary accommodations to give you a level playing field in earning your degree. And as nice as Duke personnel may be, Duke doesn’t provide you with these accommodations out of the goodness of its heart. You have a right to them under the law. Never be shy about demanding what you deserve, and always know you can call on us to help you do that.
Invisible Disabilities
Federal and state laws on disability don’t just apply to physical disabilities like vision impairment or deafness. They cover a long list of disabilities, including so-called “invisible” disabilities. If you have ADHD, dyslexia, or an Autism Spectrum Disorder, you are just as entitled to appropriate accommodations, whether that means extra time to complete assignments or access to special technology during exams.
The trouble is, invisible disabilities are…well, invisible. As we mentioned before, now that you’re in college, you have to let instructors know your particular situation and exactly what you need. That goes double if your disability is hidden. It’s easy for faculty to overlook ADHD or to flat-out forget that a student is dealing with it. Worse, there are professors out there who refuse to acknowledge that some students need accommodations. If they can’t see your disability, they simply won’t accept it. Once again, you can count on the LLF National Law Firm to defend your rights and protect your interests. We don’t mind initiating a conversation with an instructor. We can also be fierce if that’s what the situation calls for.
It’s also possible you can have a disability and not realize it if it’s invisible. Not every student on the autism spectrum knows they’re on the spectrum. If you struggle to keep your GPA up, though, or you have more difficulty in some classes than others, there’s a decent chance you may be dealing with some type of learning disability. The LLF National Law Firm can help you get tested so you know exactly what’s going on. Once you have a diagnosis, we can work with Access and Accommodation Services to expedite your paperwork and make sure you have access to the materials you need.
Additionally, we can petition Duke to drop low grades from your transcript and allow you to retake courses without penalty. You always have a right to accommodations, even if you don’t realize you have a disability. After the fact, you should have the option to go back, claim those accommodations, and correct the record.
Fighting More Formal Battles
The majority of disability issues you’ll encounter can be handled through negotiation. Once you let someone at Duke know what you need, they’re usually willing to help. As we’ve mentioned, we can help you with these kinds of conversations.
When conversation doesn’t solve the problem, though, it’s sometimes necessary to take a more formal approach to demanding your rights. We can help here as well.
The most common way to challenge a university decision is to file a formal grievance. Basically, that means complaining to Duke’s Office of Institutional Equity (OIE) that the university or a representative of the university has discriminated against you in some way. This could be anything from a complaint about Access and Accommodations Services denying an accommodation request to an allegation that a professor is mistreating you in some way because of your disability.
Once you file a grievance, OIE initiates a full investigation into your complaint. As part of this process, you’ll be asked to make a statement, submit any evidence you may have, and suggest witnesses for investigators to interview. Once the investigation is complete, you should expect Duke to hold a hearing into the matter.
Your LLF National Law Firm attorney can prepare you for everything you’ll have to face. They can help you submit your initial grievance, for instance, coach you on how to talk with investigators, and even draft any hearing presentations you may need to make. Our most important job is to make sure the university treats you fairly and that you get the best possible resolution to your case.
The Duke Disciplinary Misconduct System
Navigating Duke as a student with a disability isn’t just about making sure you have classroom and housing accommodations. You can also face issues when dealing with the school’s disciplinary system.
Sometimes those issues have to do with the rules and regulations themselves. School conduct policies don’t always take account of your individual needs. What happens, for example, when an instructor takes your Tourette’s syndrome for class disruption?
If you find yourself facing discrimination or harassment from another student, that can be just as complicated. You may need special materials or other services to help you adequately file a complaint, and if you don’t speak up, the university isn’t likely to make these materials and services available.
Whether you’re the complainant in a case or responding to an allegation, the LLF National Law Firm can help. We’re familiar with all of Duke’s disciplinary processes and procedures. We know your rights under university policy, and we can show you how to use those rights to your best advantage.
Trust the LLF National Law Firm
It’s hard enough for any student to get fair treatment from a university like Duke University. Institutions can be a complicated tangle of rules and regulations. When you’re a student with a disability, it can be particularly challenging to convince faculty and administrators to honor your rights. Even just ensuring your professors treat your disability confidentially can be difficult.
You don’t have to deal with the university alone, though. Whatever disability issue you might be dealing with at Duke, the LLF National Law Firm’s Education Law Team is here to help. We know what to expect from colleges and universities, and we’re always on your side, whatever the situation. You can count on us to use every resource at our disposal to ensure you the best possible outcome.
It’s unfortunate, but sometimes, you have to fight for your educational rights. You don’t have to do that alone, though. To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686, or fill out our online questionnaire.