Student Rights

Student Rights 

As a college student with a disability, students have the right to reasonable accommodations and services based upon a student’s verified disabilities under the Americans with Disabilities Act of 1990 (Amended in 2008) and Section 504 of the Rehabilitation Act of 1973, as well as Title 5 of the California Education Code.  Provisions of the law states that: No otherwise qualified person with a disability in the United States shall, solely by reason of disability, be denied the benefits of, be excluded from participation in, or be subject to discrimination under any program or activity receiving federal financial assistance.  Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission or treatment of students.  Students with documented disabilities may request accommodations, or auxiliary aids which will enable them to participate and benefit from all post -secondary educational programs and activities.  Colleges must make such changes to ensure that the academic programs are accessible to the greatest extent possible by all students with disabilities.

Confidentiality

Students choosing to participate in DSPS have a right to confidentiality.  During a student’s registration process with DSPS, students will complete both Internal and External Consent to Release Forms, to provide DSPS the ability to share, or not to share information with campus members of Hartnell (Internal Consent to Release Form), as well as those not part of Hartnell College, such as parents, high school teachers, and community agency supports (External Consent to Release Form). DSPS will not share any information about a student’s participation in the program, accommodations, or disability related information to faculty, staff, parents, or community members without a student’s written consent.  

In order for students to receive eligible disability accommodations and services, DSPS needs to email Accommodation Letters to instructors and/or program directors at the College.  Instructors and/or program directors have a need to know what disability accommodations and services a student is eligible for, before accommodations and services are provided.

Conditions for Providing Reasonable Accommodations 

Academic adjustments, auxiliary aids and services provided by DSPS may be provided to a student only if all of the following conditions have been met (per Title 5):

  1. The approved accommodations do not duplicate services or instruction which are otherwise available to all students;
  2. The accommodations are directly related to the educational limitations of the verified disabilities of the student to be served;
  3. The accommodations are directly related to the student's participation in the educational process at this college; and,
  4. The accommodations are intended to promote the maximum independence and integration of the student and aid in supporting the student's participation in educational activities consistent with the mission of the community colleges.

In addition, the college may decline to provide accommodations that would create a fundamental alteration of requirements in academic programs, classes and activities.

Suspension of Services

Violation of DSPS policies or procedures may result in suspension of services.  If this occurs, students need to meet with a DSPS Counselor to discuss the situation.  If a suspension of services occurs, students will be notified in writing regarding what services will be suspended, and the duration of the suspension. Appeals to suspensions of services may be made through to the Director of Student Affairs, DSPS, located in the Student Services Building Room 107, or by phone 831.770.7012.

Appeals/Grievances

Hartnell College is committed to students with disabilities being free from unfair and improper actions on the part of any member of the academic community. 

If students with disabilities are denied a disability accommodation or service in the College’s programs and activities by DSPS, and want to appeal the decision, students should contact the Director of Student Affairs, DSPS at 831.770.7012 as early as possible for timely resolution.  If the issue is not resolved, students can contact the Vice President of Student Affairs, located in building B on the main campus.

If students with disabilities are denied a disability accommodation or service in the College’s programs and activities by a campus member, after the student’s Accommodation Letter for the semester has been provided to the campus member, students should contact the Director of Student Affairs, DSPS at 831.770.7012 as early as possible for timely resolution.  If the issue is not resolved, students can contact the Vice President of Student Affairs, located in building B on the main campus.

If at any time a student feels that they have been subject to unjust actions, or denied their rights, students with disabilities can file an appeal or grievance.  The complaint should be made in writing and contain information about the alleged discrimination, as outlined on the Hartnell College Board Policies, as posted on the Hartnell website and in the College Catalog.  Alternative means of filing complaints (such as personal interviews or a tape recording of the complaint), and advocacy is available for students with disabilities upon request from DSPS professional staff.

If students with disabilities feel they have been denied a reasonable accommodation or have been discriminated against, it is a student’s right to File a complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) or the U.S. Department of Justice (DOJ):

San Francisco Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza

Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: (415) 486-5555
Facsimile: (415) 486-5570
TTY/TDD: (800) 877-8339
Email: ocr.sanfrancisco@ed.gov
Website: http://ocrcas.edu.gov

Complaints with OCR generally must be filed within 180-days of the date that a student with a disability was discriminated against.