Equal access policies & procedures for students with disabilities
The Βι¶ΉΣ³» and the Disability Resource Center are committed to compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (1973):
- Section 202 of the 1990 Americans With Disabilities Act: "No qualified individual shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of any public entity, or be subject to discrimination by any such entity."
- Section 504 of the 1973 Rehabilitation Act: "No otherwise qualified, handicapped individual in the United States shall solely, by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."
The Βι¶ΉΣ³» does not discriminate in the admission or service of students on the basis of disability. It is the responsibility of all members of the university community to adhere to the philosophy of equal access and opportunity for students with disabilities as defined by ADA and Section 504.
While ensuring the academic integrity of its programs, the university is dedicated to providing reasonable accommodations to ensure equal access to educational opportunities for individuals with verified disabilities from an appropriately credentialed professional. Academic requirements that are defined by the Βι¶ΉΣ³» and the NSHE Board of Regents as essential to courses, programs of study or any related licensing or certification requirement are not regarded as discriminatory.
Qualified students with Disabilities are entitled to equal access in all programs. Consistent with necessary and legitimate academic programs, they may not be excluded from any legitimate academic requirements; they may not be excluded from a course, course of study or other educational program or activity; nor may the university impose on them rules that have the effect of limiting participation.
Reasonable adjustments/modifications may be required as necessary to provide equal access in order to prevent discrimination. Tests must measure the student's achievement, not his/her impaired sensory, manual or speaking skills (except when that skill is the factor being measured). The university may need to inquire whether an accommodation in the student's physical environment would permit continued participation in the program. Substantial modifications are not required (e.g. the university is not mandated to modify requirements essential to the program of instruction or directly related to any licensing requirement).
University responsibilities
The University is responsible for:
- Compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and Section 202 of the Americans with Disabilities Act of 1990, as amended
- Informing students of services available for disabled students
- When requested, the DRC will provide written verification relative to the student's eligibility to receive reasonable accommodations.
- Evaluating the information provided by the appropriately credentialed professional to determine eligibility and reasonable accommodations.
- Keeping the information regarding the student's disability confidential unless the student signs a release of information form
- Maintaining the academic integrity of its programs
Student responsibilities
The student is responsible for:
- Self-identification
- Submitting required documentation before requesting any accommodation
- Any costs associated with obtaining the required documentation for verification of disability
- Making reasonable and timely disclosures and requests for accommodations as well as confirming the arrangements for accommodations and/or auxiliary aids
- Notifying the DRC of any concerns they may have regarding equal access
- Following the institutional appeal process before filing a complaint with the EEOC Title IX Office
EEOC Title IX Office responsibilities
The EEOC Title IX Office is responsible for:
- Serving as the 504/ADA Compliance Officer for the campus
- Overseeing compliance with state and federal regulations
- Consultation relative to complaints of discrimination or noncompliance at any time
The President of the university, who is ultimately responsible for determining disability-related accommodations, has assigned the DRC the authority for making decisions regarding accommodations necessary to provide equal access on behalf of the university.
The Disability Resource Center (DRC) is responsible for the coordination of services to students with disabilities as defined by Section 504 of the Rehabilitation Act and Section 202 of the Americans with Disabilities Act. The DRC also has the responsibility for determining the appropriate accommodations and coordination of services based on current academic standards and requirements to ensure and uphold academic integrity.
The Disability Resource Center is committed to a reasonable approach in the identification of disabled students. The DRC will contact all students who have voluntarily identified themselves in writing as having a disability after the university admission process is completed.
Faculty members who observe student difficulties that are indicative of a disability should refer that student for assistance to the DRC.
Students who have a disability or suspect that they have a disability should contact the DRC for information and assistance. Before a faculty member is expected to provide reasonable accommodations, the student must submit his/her request in writing to the DRC to be considered as a candidate for eligibility for services. Subsequently, the DRC will schedule a meeting with the student to review the request.
Students who claim to have a disability are responsible for providing the university with verification of their disability by providing documentation from an appropriately credentialed professional to receive any necessary academic modification and/or reasonable accommodation. The documentation must substantiate limitation(s) to a major life activity. In order to establish a current need for accommodation, documentation for a learning disability must include a complete adult-based (18 years of age or older) psycho-educational assessment which should be conducted every three years with the understanding that requests for assessments will be determined based on the individual's situation.
The DRC will then provide an interpretation of the evaluation and determine the need for appropriate accommodation. Supplemental assessment may be required to justify the student's request for a specific accommodation.
- The student should inform the DRC, preferably in writing, about his/her concern or problem.
- The DRC will serve as the student's advocate to resolve the problem/situation.
- The DRC will assess the situation to see if the approved accommodations have or have not been implemented.
If anyone has a concern about the provision of equal access and/or discrimination based upon disability, the individual may contact the Equal Opportunity/Title IX Office. The Equal Opportunity/Title IX Office will review the situation based on established timelines and procedures associated with the office.
Reasonable accommodations and academic modifications are determined by the DRC based upon the specific needs of the student as identified by the DRC and the academic requirements of the appropriate department, college, school, etc. Recommendations for accommodations cited in a psycho-educational assessment or from medical health personnel will be considered. However, the DRC reserves the right to prescribe/provide accommodations its professional staff determines appropriate to the disability. Degree modifications such as a course substitution also require approval by the appropriate academic college dean and, in the case of a university requirement, the Core Curriculum Board.
Members of the university community who have concerns regarding recommended accommodations should contact the DRC rather than making their concerns known directly to the student. The DRC may refer the inquiry to the appropriate unit, department, or academic dean of the college in which the accommodation was made.
The President of the university, who is ultimately responsible for determining disability-related accommodations, has assigned the DRC the authority for making decisions regarding accommodations necessary to provide equal access on behalf of the university.
The Disability Resource Center (DRC) is responsible for the coordination of services to students with disabilities as defined by Section 504 of the Rehabilitation Act and Section 202 of the Americans with Disabilities Act. The DRC also has the responsibility for determining the appropriate accommodations and coordination of services based on current academic standards and requirements to ensure and uphold academic integrity.