Q: PhD advisor refusing accommodations unless SAS directs him—is that legal under ADA/504 if he’s aware of my disability?
I’m a PhD student registered with disability services (SAS) for ASD and executive functioning impairments. My neuropsych eval recommends structured advising, written expectations, and support with academic communication. I requested these for my dissertation prospectus, but my advisor replied that he is not legally required to provide any accommodations unless SAS explicitly instructs him to. SAS then told me they don’t coordinate implementation and that faculty are already aware of my needs. I’m now left without the support I need, despite documented barriers and an upcoming deadline. Does ADA/504 require faculty or departments to engage in the interactive process and implement accommodations once they have actual or constructive notice of a disability? Could this be considered failure to accommodate or deliberate indifference?
A:
Under the ADA (Americans with Disabilities Act) and Section 504, once a faculty member or department has actual or constructive knowledge of a student's disability, they are required to engage in the interactive process to determine appropriate accommodations. This process involves discussing your needs and finding reasonable adjustments to help you succeed academically. In your case, since your advisor is aware of your disability, they have an obligation to at least engage in that process.
The advisor’s refusal to provide accommodations unless directed by SAS may be problematic. While SAS typically coordinates accommodations, the responsibility for implementing them is shared by both the student services office and the faculty member. The fact that your advisor is refusing accommodations without SAS’s explicit direction could be seen as a failure to accommodate, especially if your needs are clearly documented.
This situation could potentially be viewed as a violation of your rights under the ADA and Section 504 if the advisor is not making a good-faith effort to provide reasonable accommodations, or if their actions reflect deliberate indifference to your needs. It may be helpful to escalate the matter with SAS or the university’s disability office to clarify their role and ensure that accommodations are being implemented. You might also want to explore other resources or legal counsel to advocate for your rights.
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