Obtaining Test Accommodations on Account of Disability
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A student who is aware of a disability that may require a test accommodation should present medical and other relevant evidence of that disability to the McBurney Disability Resource Center. McBurney will then prepare recommendations to the law school to accommodate the disability. In general, it is desirable that students begin the process of obtaining test accommodations well enough in advance of final exams so that the law school has all pertinent papers from the students and McBurney seven weeks before the final exam period.
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The recommendation will be reviewed by the present Dean of Students (referred throughout as the "Dean"), among whose responsibilities are those of Disability Liaison. This responsibility requires that the McBurney recommendation be reviewed in the context of law school exam conditions and objectives. In this context, individual faculty and lecturers may wish to supply additional information to the Dean about his/her exam conditions and objectives and the Dean may need to consult with individual faculty and lecturers about exam conditions and objectives established by that faculty or lecturer for purposes of the Dean's review of the McBurney recommendation. In reviewing the McBurney recommendation, the Dean will consult with McBurney and any proposed modification of McBurney's recommendation. Where there remains a modification of the McBurney plan in effect after such consultation, the Dean's recommendations shall be in effect subject to the provisions of paragraph 9.
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After the above procedures have been followed, the Dean will notify the student and McBurney of the accommodation to be provided. He will endeavor to provide notice as to the accommodation within
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days of receipt of all documentation relating to it.
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It is urged that McBurney advise students requesting test accommodations that medical information provided in connection with the request may be given to the law school liaison (Dean) on an as needed basis and that the law school liaison is required to maintain the confidentiality of such information. A failure to agree to these terms on confidentiality may result in a failure to implement a McBurney recommendation. It is also urged that the question of confidentiality be the subject of a written communication between McBurney and the student requesting accommodations.
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The Dean may or may not contact the faculty member involved in implementing the test accommodation depending on the nature of the exam and accommodation. As a general rule, wherever feasible, student anonymity will be maintained.
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Students are discouraged from going directly to faculty in an effort to arrange test accommodations for disabilities and faculty is discouraged from acting upon such requests.
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In place of the procedures outlined in paragraph
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students may initiate the process of obtaining test accommodations by going first to the Dean. In those circumstances, the Dean may act upon the request or may refer it to McBurney.
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Students may appeal the accommodation determined to be: appropriate by the Dean or by McBurney to the Associate Dean of the law school. Further appellate rights exist pursuant to law school rules.
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Where there is an appeal of an accommodation determination by the Dean which differs from the McBurney recommendation and where the Dean receives the McBurney recommendation seven weeks before the final exam period, the McBurney recommendation will remain in effect until exhaustion of the appellate process, assuming it is pursued on a timely basis. The Dean of the law school will appoint a faculty member to assist the student in connection with the appellate process.