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.
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.
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
days of receipt of all documentation relating to it.
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.
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.
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.
In place of the procedures outlined in paragraph
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.
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
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.