Students with disabilities face a unique set of challenges once they enter college and through grad school. Colleges and universities have more leeway in the services and support they offer, and students bear the burden of establishing their disability and requesting accommodations.
Having a disability has no bearing on a student’s ability to succeed in getting a degree. Each disability is different, but they generally mean only that students require different support to reach the same academic goals as non-disabled students.
If you have a disability and are a student at Kent State University, the Education Law Team at the LLF National Law Firm can help you navigate issues related to discrimination and rights related to your disability. Our team can help you build a case to qualify for accommodations or defend against misconduct allegations. Call us at 888-535-3686 or fill out an online form.
Disability Accommodations at Kent State University
Located between the Cleveland and Akron metro areas, Kent State’s main campus is in Kent. Part of the University System of Ohio, Kent State University (KSU) is the third-largest university in the Buckeye State.
Under two federal laws, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), colleges and universities cannot discriminate against students based on their disability. In addition, they must provide accommodations and support to allow students to participate in the campus community.
Student Accessibility Services (SAS) oversees disability accommodations at Kent State. The office will assist eligible students with appropriate and reasonable accommodations. SAS handles academic, housing, dining, and transportation accommodations and services for students with disabilities.
Colleges and universities must provide support for students with disabilities, but it’s significantly different than what K-12 public schools have to do for their students. Universities don’t have to identify or assess students for potential disabilities. Students shoulder the burden of requesting accommodations and submitting the relevant paperwork. They also bear the cost of any assessments or evaluations to establish their eligibility for accommodations.
Accommodation Eligibility at Kent State University
Students have the responsibility for applying for accommodations. SAS requires students to submit an application via Access KSU. Students must also submit documentation that establishes their disability and need for services.
The type of documentation a student should provide depends on their disability and the type of accommodations they require. Kent State has guidelines rather than cut-and-dry requirements for documentation. For housing and academic accommodations, students may submit:
- The Disability Documentation Form (PDF), which has been completed by a licensed professional and/or properly credentialed professional.
- A letter written by the student’s healthcare professional that:
- States the student’s disability and date of diagnosis
- Describes how the student’s disability was diagnosed
- Explains the student’s current limitations or needs related to academic performance or housing
- Provides expected progression of the disability
- Lists recommended accommodations
- Comprehensive diagnostic report
- This does not include an Individual Education Plan (IEP), a 504 Plan, or a Summary of Performance. While useful in establishing the student’s accommodation history, these documents alone are usually not enough to establish that a student has an eligible disability.
Students who require assistance animals, such as service dogs, must submit additional documents to establish their need for an animal in residence halls or classrooms.
While these guidelines highlight that different disabilities require different documents, one of the potential problems is that there are no uniform requirements. If students have been denied accommodations or believe they are being unfairly targeted or discriminated against because of their disability, they need to contact the Education Law Team at the LLF National Law Firm.
Classroom Accommodations
Students must request Course Accommodation Letters before or at the start of every semester when they require accommodations in a course. Students must request a letter stating for which course they need accommodations. Their accommodations don’t change, and if a student needs to change what accommodations they receive, they should work with SAS.
Accommodations aren’t applied retroactively. In some cases, students may request a course substitution or waiver related to their disability. Colleges and academic departments have the final say on whether to grant a waiver or substitution.
Faculty members can reject an accommodation if they believe it would fundamentally alter a course, give a student an advantage over other students, or pose an undue burden to other members of the campus community or the university itself.
If an accommodation is rejected as being unreasonable or inappropriate, contact the Education Law Team at the LLF National Law Firm. We can work with you to show why an accommodation should be allowed.
Disciplinary Actions at Kent State University
Students can face disciplinary action for a range of issues. Sanctions can be minor or severe, up to and including expulsion.
The Director of Student Conduct handles allegations of misconduct. Students will be informed when they have been accused of violating KSU’s Code of Student Conduct.
Students have a right to due process throughout the disciplinary process. They have a right to present their side of the story, evidence, and other information relevant to combating the accusations against them.
The type of hearing that a student faces will depend on the charges against them. KSU doesn’t allow students to have a lawyer with them during hearings, but a member of the Education Law Team at the LLF National Law Firm can help a student prepare for the hearing and build a case.
During hearings, students can present their case, introduce witnesses, and question the university’s witnesses. A neutral third party or panel will oversee the hearing.
Students have the right to appeal. Appeals cannot simply be because a student disagrees with the outcome of a hearing. They must be based on new evidence, procedural errors, or disproportionate sanctions.
Students with disabilities must be held to the same standards and receive similar punishments as students without disabilities. If a student is singled out for their disability, the university is in violation of federal law.
Academic Standing and Progression at Kent State University
Lack of effective accommodations and misunderstandings about disabilities can result in students with disabilities facing academic issues. Even a delay in implementing accommodations can negatively impact a student’s academic performance.
Academic progression requirements can vary depending on whether a student is at the undergraduate or graduate level and what program they’re in. Students should check with their individual program to determine what qualifies as good academic standing.
For undergraduate students, any GPA below 2.0 can affect their academic standing. If a student’s GPA is below 2.0 at the midterm, they will receive a midterm warning. If a student’s GPA is below 2.0 at the end of a semester, they will receive a semester warning. Students who fail to meet the 2.0 GPA requirement may be placed on academic probation.
If a student’s academic performance doesn’t improve or if Kent State believes a student is unlikely to improve, that student may face academic dismissal. Students can appeal dismissals.
Academic Misconduct Allegations at Kent State University
Being accused of academic misconduct can have far-reaching implications for students. It can affect their reputation and their future opportunities. In some cases, students with disabilities may be falsely accused of misconduct based on misunderstandings about disability support and accommodations.
Students can find expectations for academic performance in KSU’s Academic Integrity Libguide. This guide establishes expected behavior and conduct, as well as what actions the school may take when a professor or other individual believes a student has engaged in academic misconduct.
KSU’s policy on cheating and plagiarism applies to all enrolled students. It establishes a wide range of sanctions for students who have violated the policy and also establishes students’ right to appeal those sanctions.
Sanctions range from allowing professors to refuse to accept work to academic dismissal. In some cases, students may be allowed to attend Plagiarism School. This option allows students to receive less severe sanctions in exchange for attending remedial, private sessions on how to avoid future academic misconduct.
The academic hearing panel will decide cases related to alleged academic misconduct. The hearings focus on the following questions:
- Did a student commit academic misconduct?
- If a student did commit academic misconduct, when deciding sanctions:
- What was the severity of the misconduct>
- What is the student’s record of academic honesty?
These questions highlight why it’s important that students prepare a strong, evidence-based defense. The Education Law Team at the LLF National Law Firm can help our clients build these cases and incorporate how a student’s disability may impact any decisions.
Students should be aware that both faculty members and deans have the right to appeal decisions related to a student’s academic misconduct.
Protect Your Education
Colleges and universities cannot discriminate against qualified students who have a disability. Students have a right to have reasonable accommodations and services in the classroom, with housing, getting around campus, and during campus activities and events.
If you’re a student at Kent State University and you’re facing disability-based discrimination, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out an online form.