Editing Herzing Issues: ADA and Disability Accommodations (section)

=== HU-125: Disability accommodation (3-day extension) blocked pending Department Chair approval ===
{| class="wikitable" style="width:100%"
! style="width:14em" | Severity
| Critical
! Status
| CONFIRMED
|-
! Issue type
| Accommodation Implementation Blocked / Unauthorized Approval Requirement
! Date added
| 2026-05-12
|-
! Owner
| colspan="3" | Dr. Heather Gregg / Dr. Raywattie Prashad / Dr. Danielle Laban / Emilie Thompson (ADA/Title IX)
|}
'''Finding.''' The reporting student invoked his university-approved disability accommodation, a three-day extension on assessments, for the NSG525 Week 1 Pathophysiology Review Quiz. Dr. Gregg responded that unlocking the quiz was "outside of my scope" and escalated to Dr. Tressler, the course lead, who in turn awaited a response from Dr. Prashad. Dr. Prashad was traveling for work on May 12, 2026, and her out-of-office auto-reply indicated emails would be answered at her "earliest opportunity." Dr. Gregg explicitly stated she was "directed not to take further action until Dr. Prashad responds." The reporting student escalated clearly:
<blockquote>Respectfully, this isn't a request. I have invoked my accommodations. I have the right to these accommodations. I am not sure why I am not allowed to simply have my 3 day extension that is promised to me by the university. At the beginning of the semester, the university emailed my instructors to let them know what my approved accommodations were. None of my previous professors had to go through this just to simply allow me to have the 3-day extension the university has already granted me.</blockquote>
As of the final email in the chain, the reporting student was almost halfway through Week 2 with his three-day accommodation window expiring and the quiz still locked. He stated:
<blockquote>We're already almost halfway through week two and I can't get my accommodations applied as they're supposed to be and I'm given a three day extension which technically should've ended today but because we have failed to give me the ability to do what I'm supposed to do obviously will be later this week.</blockquote>
Dr. Gregg also confused the student by characterizing his accommodation invocation as a "request"; the reporting student corrected her, "Respectfully, this isn't a request," and separately asked, "So are we going to have to get Dr. Prashad to approve every disability accommodation going forward? Or just this one time." CC'd on the final emails were Dr. Prashad, Dr. Laban, Dr. Tressler, and Emilie Thompson.

'''Evidence.''' Email chain: the reporting student to Dr. Gregg / Dr. Gombar re NSG525 Week 1 quiz issues, May 2026. Dr. Gregg: "Unlocking the assignment is outside of my scope. I have presented your request to Dr. Tressler, the course lead, and she is currently awaiting a response from Dr. Prashad regarding your request." Dr. Gregg: "At this time, I was directed not to take further action until Dr. Prashad responds." Dr. Prashad's out-of-office auto-reply (May 12, 2026): "I am currently traveling for work today only 5.12. Emails will be answered at my earliest opportunity." The reporting student: "Respectfully, this isn't a request. I have invoked my accommodations. I have the right to these accommodations... None of my previous professors had to go through this just to simply allow me to have the 3-day extension the university has already granted me." The reporting student: "So are we going to have to get Dr. Prashad to approve every disability accommodation going forward? Or just this one time." (Source Group: Email chain: the reporting student to Dr. Gregg / Dr. Gombar / Dr. Tressler / Dr. Prashad / Dr. Laban / Emilie Thompson, May 2026, NSG525 Week 1 quiz accommodation dispute.)

'''Reported statement.'''
<blockquote>Unlocking the assignment is outside of my scope. I have presented your request to Dr. Tressler, and she is currently awaiting a response from Dr. Prashad regarding your request. [And:] Respectfully, this isn't a request. I have invoked my accommodations. I have the right to these accommodations. None of my previous professors had to go through this just to simply allow me to have the 3-day extension the university has already granted me. [And:] At this time, I was directed not to take further action until Dr. Prashad responds.</blockquote>

'''Standards.''' Americans with Disabilities Act of 1990 (42 U.S.C. §12132) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794): once a disability accommodation is formally approved by the institution, faculty are obligated to implement it without requiring further institutional approval from department chairs or program directors. The accommodation is a right, not a request subject to supervisory discretion. ''Southeastern Community College v. Davis'', 442 U.S. 397 (1979): institutions must provide reasonable accommodations to qualified students with disabilities. HLC Criteria 2.E: institutions must ensure equitable treatment of all students including those with documented disabilities. The requirement that Dr. Prashad approve a standard three-day extension before Dr. Gregg can implement it creates an unauthorized additional approval layer not contemplated by the reporting student's accommodation agreement and not required by prior faculty in prior semesters; this delay itself constitutes a failure to provide the accommodation in a timely manner. OCR Dear Colleague Letter (2011): delays in implementing disability accommodations may constitute a violation of Section 504 and the ADA even if the accommodation is eventually provided.

'''Impact.''' The reporting student's three-day accommodation window was actively expiring while the institution deliberated. As of the final email in the chain, he was approaching the end of Week 2 and still had not been granted quiz access. The compounding factors are significant: (1) the quiz had confirmed coding errors that affected his ability to optimize his score; (2) the quiz deadline was non-standard, 12:59 AM versus the announced 11:59 PM, see {{HU|HU-126}}, catching him and other students off guard; (3) his accommodation was invoked precisely because of these institutional failures; and (4) the accommodation was then blocked by the same institution. The characterization of his accommodation invocation as a "request" requiring supervisory approval fundamentally misunderstands the legal nature of approved disability accommodations.

'''Notes.''' CC chain at final escalation: Dr. Prashad (rprashad@herzing.edu), Dr. Laban (Danielle Laban), Dr. Tressler (jtressler@herzing.edu), Emilie Thompson (ADA/Title IX Coordinator). Dr. Gregg's final response confirmed she was waiting for Dr. Prashad before acting. Dr. Prashad's out-of-office indicated she was unavailable that day. This issue extends {{HU|HU-004}} (ADA accommodation failures) and {{HU|HU-005}} (accommodation documentation failures). The statement that "None of my previous professors had to go through this" confirms prior faculty implemented the three-day extension without Department Chair involvement, meaning this semester's process is an anomalous and unauthorized escalation. Cross-reference: {{HU|HU-004}} (ADA accommodation failures), {{HU|HU-005}} (accommodation plan issues), {{HU|HU-006}} (ProctorU accommodation), {{HU|HU-114}} (conflicting chain of communication), {{HU|HU-112}} (NSG525 duplicate quiz answers), {{HU|HU-126}} (quiz deadline discrepancy).

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