Students with Disabilities - Eastern Virginia Career College

Notification Requirements and Service Criteria

Self-Disclosure: All students seeking accommodation under section 504 of the Rehabilitation Act of 1973 et seq., or the Americans with Disabilities Act must self-identify with the ADA/Section 504 Coordinator through the Registrar’s Office. For accommodations, a written request must be submitted to this office.

Documentation: It is the responsibility of students to submit documentation of physical or learning disabilities from qualified and licensed medical or testing personnel that is no more than three (3) years old. Expenses incurred in obtaining the professional verification are the individual's responsibility.

The following documentation criteria should be used in forwarding assessments to the ADA/Section 504 Coordinator for disabilities verification:

Physical, Sensory, and Health-Related Disabilities

Verification of the disabling condition must be obtained from a licensed health care professional that is qualified and currently or recently associated with the individual. The diagnosis must reflect the present level of functioning of the major life activity affected by the disability.

Psychological Disorders or Attentional Disorders

Verification of diagnosis and severity of disabling condition from a qualified professional (e.g., psychiatrist for ADD/ADHD, psychologist, or psychiatrist for other psychological disorders). A detailed description of how this impairment significantly limits a major life activity in an educational setting should be provided.

Learning Disabilities

A professional qualified to diagnose a learning disability (e.g., a licensed psychologist, learning disabilities specialist, neuropsychologist), must prepare the evaluation. Collaboration with speech and language clinicians, reading specialists and other educational professionals may be appropriate and necessary for a comprehensive assessment.

Results of a clinical interview with the individual and descriptions of testing procedures, instruments used, test and sub-test results reported in standard scores should be included.

Evaluations must be comprehensive and include test results in the following areas, where applicable:

Reading
Mathematics, Spelling,
Written language,
Language processing
Cognitive processing skills, and
Intelligence.

Testing should carefully examine areas of concern/weakness as well as areas of strengths.

A clear diagnostic statement based on test results and personal history must be included.

An evaluation should be no more than three years old. This requirement may be waived if deemed not medically necessary.

Student Responsibilities: Students with disabilities are obligated to utilize all adjustments and/or accommodations properly and responsibly.

Undue Hardship

For the purposes of this document, Eastern Virginia Career College applies the ADA definition of "undue hardship" as an action requiring significant difficulty or expense. Factors to be considered in determining undue hardship may include, but are not limited to:

The cost of the accommodation required under ADA
The financial resources of the facility involved in the provision of the reasonable accommodation
The number of students involved
The financial impact on the facility
The impact on the operation and geographic, physical, administrative, or fiscal relationship question.

Process for Academic and ADA Grievance Reviews

The ADA/504 Coordinator may be contacted regarding complaints of discrimination, retaliation, or harassment based on disability. The ADA/504 Coordinator may be contacted at: ADACoordinator@evcc.edu and through the Registrar’s office in room 408.

Incidents of discrimination based on disability may also be reported to the U.S. Department of Education Office of Civil Rights: ocr@ed.govor by writing to:

Office for Civil Rights, District of Columbia Office

U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-1475
Telephone: (202) 453-6020
Facsimile: (202) 453-6021
Email: ocr@ed.gov

Students with Disability grievance form

Academic Review Committees

Academic Review Committees (ARC) address a diverse array of administrative procedures at EVCC, to ensure uniformity of process with flexibility of application. Each type of Committee utilizes similar procedures and format while addressing the individual needs of each situation. Several ARCs have been created to address the diverse needs of EVCC and its students. This includes allegations of discrimination and disputes over disciplinary actions.

The terms Academic Review Committees (ARC) or Grievance Review Committee may be utilized to represent any of these specific ARC types for ease of communication.

Categories of Academic Review Committees

Interdisciplinary Review Committee

Interdisciplinary Review Committee (IRC) is activated only by the Administration of the College, concerning the actions of a student. It is most often utilized by Program Directors choosing to forego their executive authority to peruse a more binding resolution to a situation concerning student behavior, actions, or other violation. The Program Director often provides a desired action or penalty if the student is determined to have been in violation, but potential decisions by the Committee can include any appropriate response within the bounds of EVCC policy, up to and including dismissal from the school without the ability to reapply.

Student Grievance Committee/ADA Grievance Committee

Student Grievance Committee (SGC) is designated to intervene when student expresses concern about potential issues of programmatic actions, perceived ill treatment, disability discrimination, concerns about accommodations, or similar issues that occur. Students are encouraged to attempt to resolve their issue informally by contacting their program director prior to initiating the Grievance process. If an informal resolution is not possible, students may initiate the Grievance process to seek a resolution.

Program Discipline Review Committee

Program Discipline Review Committees (PDRC) may be requested by students who wish to appeal disciplinary actions by the Program. The reason and rational for the disciplinary action is examined and the student is able to provide their explanation for the situation. At the end, the Committee may choose to reverse, modify, or uphold the decision made by the program.

Academic Review Committee initiation

EVCC encourages students to resolve academic grievances informally when possible. Students should report grievances to their program director, who will work informally with the student to resolve the complaint.

In the event that a satisfactory resolution cannot be found with the program director, an Academic Review Committee (ARC) may be asked to take up the matter. The ARC shall endeavor to reach a resolution acceptable to both the student and the college’s administration, following EVCC policy to make the determination.

If the complaint cannot be resolved informally the student may file a formal, written grievance. The student must submit their written grievance within thirty (30) calendar days after the event or after an unsatisfactory attempt at informal resolution. It is preferable to use the online student grievance form that may be found on the EVCC website at :

Students with Disability grievance form

Students may also submit a written grievance to the program director. Any necessary documentation must accompany the written grievance.

Student may also obtain Formal Student Grievance forms from any administration staff member upon request. The Formal Student Grievance Form is preferred to other written formats to ensure that required information is included and easily identifiable.

Students will not be subjected to retaliation as the result of the initiation of filing a grievance.

When submitting a formal, written academic grievance, a student must attest that:

They are a current or former student at Eastern Virginia Career College
All information provided in the grievance is complete, true, and correct to the best of the student’s knowledge
The student will, upon request, provide additional information and supporting documentation to assist in the review and processing of the grievance
The student grants permission and authorization to EVCC and its agents to disclose any relevant educational records or information to the reviewing panels to process this complaint, including educational records or information that is protected under federal or state privacy laws; and
When applicable, the issue, dispute, or incident involves a distance education program offered by EVCC and occurred within two (2) calendar years from the date of the alleged violation(s).

In addition, the formal, written grievance must include the following required information:

The approximate date and/or timeframe of the incident(s) and the actions or events which led to the grievance
A specific statement/summary of the grievance
The student’s desired resolution of the grievance.

Academic Review Committee (ARC) Procedures

An ARC of any type shall follow the same format, with variations as necessary based on the nature of the ARC empaneled. The standardization of the process is intended to allow for ease of operation and uniform decision making. Variations may include, but are not limited to, inclusion of ADA, Title IX, or other figures as deemed necessary for optimal decision making. ARCs are not legal trials and do not hold themselves to be such, they are Administrative operations evaluating the presented situation based on EVCC Policy and Requirements the College must uphold.

1.Academic Review Committees may be requested, following proper procedures, after all informal means of resolution have been exhausted. Requests must be made in writing, with all required and pertinent information. Interdisciplinary reviews may be initiated by Program Directors when they feel the need to move beyond the bounds of their executive authority.

2. The Academic Coordinator will facilitate communications with the initiator of the process, work to empanel an applicable committee, and schedule a time for the committee proceedings. The timing of the ARC will be scheduled as soon as possible, with due allowance for the coordination of multiple schedules (students, program staff, and Committee members

3. The Committee shall be made up of at least 3 members of Staff and/or Faculty, from outside of the Program from which the ARC request initiates.

4. Both sides of an ARC may present documentation, written statements, and any other materials that might be considered evidence for their argument. This is requested to be done before the ARC proceedings to ensure proper time for review by the members.

5. The Proceedings will include:

a. Within ten (10) business days of receipt of a student Grievance, an ARC will be appointed by the appropriate Coordinator
b. A general presentation of the Grievance, as described in documents and statements, will be made to the Committee; neither party named in the Grievance will be present. Procedure and policy will be considered, and any questions will be raised and addressed.
c. Program Presentation: Appliable instructors, if available, will provide an explanation of the situation and answer any questions the Committee may have. Student will not be present.
d. Student Presentation: Student, if available, will provide an explanation of the situation and answer any questions the Committee may have. If the student is unable to attend, they may submit a written statement (which will be read out loud) in leu of their presence. Program will not be present.
e.If necessary, within two (2) business days, the academic program’s representative and the student who submitted the Grievance may be asked to return to clarify their presentation or provide additional details that may come to light as a result of each presentation.
f. The Committee will deliberate on the presented arguments and evidence to determine the outcome, using College policy to guide decision making. Deliberations are allowed to take one (1) to three (3) business days to consider the information, based on schedule and complexity of issue.
g.Meeting Minutes will be taken by a member of the committee or another individual not engaged in Committee determination.

i. Within 3 business days of the ARC deliberations concluding, a decision will be provided by the ARC members to the Academic Coordinator.
ii. The decision will be provided to both sides. A formal, written expression of the judgement will be mailed to the student. Additional communication methods may be added as deemed appropriate.
iii. If the decision is not determined to be satisfactory, it may be appealed to the Academic Coordinator, College President, or SCHEV (in that order of authority), who may choose to uphold, modify, or reverse the decision of the Committee. OTA students may contact ACOTE, as identified below.

Students may appeal the committee’s findings in writing to the Academic Coordinator of EVCC, at the address below. The Academic Coordinator may rule in favor of either the student or the committee or return the committee’s findings for additional review.

Academic Review Committee/
Academic Coordinator
Eastern Virginia Career College
10304 Spotsylvania Avenue, Suite 400
Fredericksburg, VA 22408
(540) 373-2200
Fax: (540) 373-4465

In the event that no satisfactory resolution can be found between the parties or in the event that the student’s academic grievance cannot be resolved through existing institutional EVCC policies and procedures, students may submit a formal written grievance to the organizations below:

State Council of Higher Education for Virginia
Private and Out-of-State Postsecondary Education Unit
101 N. 14th Street, 10th Floor
James Monroe Building Richmond, VA 23219
(804) 225-2600
Fax: (804) 225-2604
Website: www.schev.edu

Executive Director
Council on Occupational Education
Building 300, Suite 325
7840 Roswell Road,
Atlanta, GA 30350
(800) 917-2081 or
Toll Free (770) 396-3898
Fax: (770) 396-3790
Website: https://council.org

Grievance procedures regarding the Occupational Therapy Assistant (Degree) Associate of Applied Science program should follow all of the steps outlined above. In the event that no satisfactory resolution can be found between the parties, then all materials may be submitted in writing to:

ACOTE Chairperson
c/o the AOTA Accreditation Department
6116 Executive Boulevard, Suite 200
North Bethesda, MD 20852-4929
(301) 652-6611 Fax: (301) 652-7711
https://www.aota.org/Education-Careers/Accreditation.aspx

VETERANS: The Virginia State Approving Agency (SAA) is the approving authority of education and training programs for Virginia. Our office investigates complaints of GI Bill beneficiaries. While most complaints should initially follow the school grievance policy, if the situation cannot be resolved at the school, the beneficiary should contact our office via email saa@dvs.virginia.gov

The ADA/504 Coordinator may be contacted regarding complaints of discrimination, retaliation, or harassment based on disability. The ADA/504 Coordinator may be contacted at: ADACoordinator@evcc.edu

Incidents of discrimination based on disability may also be reported to the U.S. Department of Education Office of Civil Rights: ocr@ed.gov, or by writing to:

Office for Civil Rights, District of Columbia Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-1475
Telephone: (202) 453-6020
Facsimile: (202) 453-6021
Email: ocr@ed.gov

Students with Disabilities Policies

ADA Definition of Disabled