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Longwood University
Chief Administration and
Finance Officer:
Human Resources
201
High Street, Lancaster 335, Farmville, VA 23909
Phone:
434.395.2074 Fax: 434.395.2666 |
Policy 5201
ACCESS FOR INDIVIDUALS WITH DISABILITIES
I. PURPOSE
A. Longwood University is committed
to the full and total inclusion of all individuals.
Persons
with a disability will not be denied full and equal access to enjoyment of
academic and co-curricular programs or activities offered by the institution.
1. Longwood University is also committed to the principles of equal opportunity
in
the employment of individuals with disabilities, as well as the concept of
reasonable accommodation.
2. This policy was developed to ensure equal access at the institution for
individuals with disabilities and to ensure full compliance with all pertinent
federal and state legislation.
II. DEFINITIONS
A. Auxiliary Aids: Includes
but is not limited to Braille and taped material,
interpreters, and other for persons with impaired cognitive, sensory, motor, or
speaking skills.
B. Modifications: Includes
but is not limited to the use of auxiliary aids in workplace
and
classroom settings; allowances for time and energy level considerations such
as
reduced course loads or work days, additional time for taking exams, etc.;
substitutions of other acceptable assignments, courses, tests or test formats
when
necessary to ensure equal access for individuals with disabilities; also
includes
physical modifications such as ramps, elevators, lifts, curb cuts, etc.
C. Person with Disability:
Any person with a physical or mental condition that
substantially limits one or more major life activities or has a record of such a
condition.
1. Physical Disability: means any physical condition, anatomic loss, or
cosmetic
disfigurement which is caused by bodily injury, birth defect, or illness.
2. Mental Disability: Includes (1) developmental disabilities such as
mental
retardation autism, or any other neurological conditions; (2) an organic or
mental condition that has substantial adverse effects on an individual's
cognitive or volitional functions, such as central nervous system disorders;
significant discrepancies among mental functions of an individual, including
any mental or psychological disorder, such as head injury; emotional or mental
illness; and specific learning disabilities.
The term "mental disability" does not include active alcoholism or
current drug
addiction and does not include any mental condition, disease or defect that has
been successfully asserted by an individual as a defense to any criminal
charge.
3. Major
Life Activities: means functions such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, working,
and experiencing leisure.
4.
Has
A Record Of Such Condition: means has a history of or is regarded as
having
a mental or physical condition that substantially limits one or more major
life activities.
D. Programs include but are not
limited to:
1. For Students: Academic majors and degree plans, including coursework
and
practice; research; occupational training; housing; counseling; financial aid;
physical education; athletics; recreation; transportation; student
organizations;
placement; any other programs offered by the institution.
2. For Employees: Any aid, benefit or service afforded to others; equal
opportunity to participate as a member of governing, policy, planning or
advisory boards; any right, privilege, advantage, or opportunity enjoyed by
others.
E. Qualified Person With A
Disability means:
1. With respect to employment, a person with a disability who can perform the
essential duties of the job in question given appropriate accommodations.
2. With respect to post-secondary services, a person with a disability who meets
the academic or technical standards for admission or participation in the
education program or activity given appropriate accommodations.
3. With respect to any other program or activity, a person with a disability who
meets the essential eligibility requirements for participation in, or receipt
from,
that program or activity given appropriate accommodations.
III. PROCEDURE
In order to ensure the full translation of the policy for Access of
Individuals with Disabilities into
procedures, two (2) important areas of rights and
responsibilities have to be considered: a) the
right of the individual with a
disability to be included on the basis of criteria that do not unfairly
discriminate because of the disability and b) the right of the institution to set
and maintain standards
for hiring and evaluating employees and for admitting and
evaluating employees.
To assure full consideration of both areas, this document outlines the rights
and responsibilities of
the institution and the rights and responsibilities of
employees who have disabilities. The procedures
that follow create a mechanism
for dispute resolution for those instances in which the usual channels
have not
resulted in decisions that are acceptable to both the individual and the
institution's
decision-making authorities.
A. Rights and Responsibilities
of the Institution: Longwood University recognizes that its
basic
responsibility is to identify and maintain the technical standards and essential
functions that are fundamental to providing quality academic programs and
services
while
ensuring the rights of individuals with disabilities.
To meet
this obligation, Longwood University:
1. Has the right to identify and establish the abilities, skills, and knowledge
necessary for successful performance and to evaluate applicants and
employees on this basis;
2. Has the responsibility to ensure that its recruitment and application
information
and activities are available in accessible formats and facilities;
3. Has the responsibility to evaluate applicants based solely on their
abilities. If
an evaluation method or criterion unfairly discriminates against an applicant
with a disability, the institution will seek reasonable alternatives.
4. Has the responsibility to select and administer the methods used to evaluate
employees so as to best ensure that test results accurately reflect aptitudes or
competencies and do not discriminate against an individual with a disability.
Methods designed to measure specific skills related fundamental
standards/essential job functions are allowable even when those skills are
impacted by the disability.
5. Has the responsibility to ensure that all of its programs, viewed in their
entirety, including but not limited to, employee privileges and benefits are
accessible and usable;
6. Has the responsibility to adjust, substitute or waive any duties or
requirements
that unfairly discriminate against an employee with a disability and that are
not
essential functions of the employee's position;
7. Has the responsibility to make reasonable modifications for an employee with
a disability in the setting, equipment, and procedures associated with the position;
8. Has the right to request and receive documentation that supports requests for
modifications. The institution has a right to deny a request if the documentation
demonstrates that no modification is necessary, or if the individual fails to
provide such documentation;
9. Has the right to select among equally effective modifications for individuals
with a disability;
10. Has the right to refuse an unreasonable modification or one that imposes an
undue hardship on the institution;
11. Has the responsibility to inform its applicants and employees about the
availability of auxiliary aids and the range of possible modifications as the
procedures for requesting them. If a request for a modification is denied,
Longwood has the responsibility to inform the individual of his or her right to
appeal the decision and the procedures for initiating an appeal.
B. Rights and Responsibilities of
Individuals with Disabilities: An individual with a
disability has a right to an equal opportunity to participate in and benefit
from
employment, employee benefits, and employee privileges offered by Longwood
University. To ensure this right, individuals with disabilities at Longwood
University
have the:
1. Same obligation as any other employee to meet and maintain the institution's
employment and technical standards;
2. Right to an equal opportunity to work, right to reasonable modifications in
aspects of their employment (ie. location, equipment, or procedures that limit
access, participation, or ability to benefit);
3. Right to an equal opportunity to participate in and benefit from the Longwood
community. This includes access to services and benefits, when viewed in
their entirety, that are comparable to those provided to any employee;
4. The responsibility to advocate for their own individual needs and to seek
information counsel, and assistance as necessary to be effective
self-advocates;
5. Right to confidentiality of all information and have the right to choose to
whom
information about their disabilities will be disclosed;
6. Responsibility to demonstrate or document how their disabilities limit their
ability to perform a particular job function when they make a request for a
modification. If the disability is not obvious, the individual must provide
documentation from an appropriate professional;
7. Right to information regarding the availability of auxiliary aids and
possible
modifications as well as procedures for making requests for either;
8. Responsibility to follow published procedures for making such requests and to
do so in a timely fashion;
9. Right to be informed of procedures for initiating an appeal of a decision by
the
institution regarding auxiliary aids or modifications;
10. Responsibility to follow published procedures for filing an appeal;
11. Right to be informed of procedures for initiating further appeal of an
institutional
decision through external channels. This typically would be done
through filing a
complaint with the Office of Civil Rights or filing a case through
the civil court system.
C. Requesting Modifications or
Auxiliary Aids:
1. The Hiring Process: Hiring decisions are made on the basis of
published
criteria for the particular job and without regard to disabilities. Prospective
employees are
expected to present credentials on their applications that meet
the criteria specified in the job announcement.
All applicants to the institution are reviewed according to the same procedures
regardless of disabilities.
A prospective employee who needs a modification in the hiring process should
document such need when the application is requested or submitted. Information
on and assistance with this process may be obtained by contacting the Director
of Disability Support Services at 434.395.2391; TRS: 711. All inquiries are
considered confidential and no information will be released without the written
permission of the applicant.
For those individuals who choose to identify their disabilities in the hiring process,
the persons responsible for the hiring/selection process will review alternative
hiring criteria under the following conditions:
a. If the applicant believes that a standard for a particular criterion on the
job application has a disproportionately adverse effect based on his or
her diagnosed and documented disability, then he or she may submit a
request for a substitution of that criterion.
b. If comparable alternative measures of the same skills, aptitudes, or areas
of achievement as the job criteria are available, they may be accepted as
valid substitutes.
c. If the particular criterion is not related to an essential job function.
Modifications in the hiring process do not guarantee that the person will be
hired.
Any applicant with a disability who needs information about Longwood
University, the hiring process, an application, a position, or any other
information
in an alternative format should contact the Director of Disability Support
Services at 434.395.2391; TRS: 711.
Questions, requests for assistance, or concerns about procedures used during
the hiring process should be directed to the
institution's EEO/AA Officer at
434.395.2006; TRS: 711.
2. Auxiliary Aids of a Long-Term or Permanent Nature: Longwood seeks
to ensure that an individual with a disability who can meet the standards for
employment or promotion is not excluded from full participation because of
the absence of necessary auxiliary aids or reasonable modifications.
Longwood University believes that its responsibilities can best be met by
assisting employees with disabilities in obtaining auxiliary aids of a long-term
or permanent nature from governmental units (such as state vocational
rehabilitation agencies) or from private charitable organizations (March of
Dimes, etc.). Employees with disabilities are expected to exercise initiative in
identifying and obtaining auxiliary aids and assistance through every reasonable
channel available to them. The primary role of the institution in this effort should
be informative/supportive of active self-advocacy on the part of the employee.
The Director of Disability Support Services will serve as a resource in this process.
If outside agencies cannot provide the auxiliary aids that the employee needs to
perform his or her duties, the institution has a responsibility (1) to determine the
necessity of that aid and (2) ensure that the employee is not denied employment
or the right to participate in a program, benefit, or service
because of the absence
of an auxiliary aid that would make employment or participation possible.
The following procedure will facilitate this process:
a. Employees who believe they will need an auxiliary aid to participate fully
in the activities inherent in their position at Longwood should make those
needs known as early as possible, preferably as soon as they have been
hired. Ordinarily, to expedite the process, requests should be accompanied
by a current evaluation of the employee's disability.
These requests may be made to the appropriate area on campus (for
example, volume control for a telephone would be made to
Telecommunications). Requests for special materials or equipment of a more
individual nature (for example, the provision of an interpreter) should be made
directly through the Director of Disability Support Services. If an employee is
unsure how to make a more direct request, the Director of Disability Support
Services should be contacted for information and direction.
b. The employee with a disability is encouraged to explore any and all avenues
for assistance outside the institution. Anyone who is unsure how to
contact
other agencies should discuss this with the Director of Disability Support
Services or directly contact the Department for Rights of Individuals with
Disabilities in Richmond at 800.552.3962 or 804.225.2042.
c. If the necessary auxiliary aids are not available through outside resources,
the employee should request assistance through the Director of Disability
Support Services. When a request is made, the Director will evaluate the
request on the basis of the following criteria:
(1) the disability is documented (usually through an evaluation by a
qualified professional);
(2) the requested auxiliary aid is appropriate to the needs of a person
with that type of disability;
(3) the aid cannot be provided by other agencies; and
(4) the person will not be able to participate fully as an employee
without the aid.
It is the responsibility of the institution to provide the auxiliary aid or find
a reasonable alternative that will allow the student or employee full
participation unless the request is determined to be unreasonable or
will impose an undue hardship on the institution.
Every attempt will be made to ensure availability of necessary auxiliary
aids at the time the employee begins work. A minimum of four (4) weeks
notice should be given (if possible) to ensure this. In any event, the
institution must have sufficient time to evaluate the requests determine
the aid to be provided, and identify sources for obtaining it (purchasing,
leasing, hiring, etc.). Late requests cannot be guaranteed but will be
evaluated on a case-by-case basis and provided as possible under the
circumstances.
d. Requests for auxiliary aids and all supporting documentation are confidential
information and will not be released without the individual's written consent.
e. It is the employee's responsibility to keep the Director of Disability Support
Services informed about the need for auxiliary aids. If the employee does
not keep the Director informed, the Director cannot be expected to provide
the auxiliary aid. To ensure accountability, requests
should be made in writing
and the employee should keep a copy for his or her records.
D. Modifications for Employees:
Longwood University recognizes the wide variation in
impact
that disabilities may have on employees. Employees should discuss any needs
for modification with their supervisors. Employees and supervisors are
encouraged
to utilize the Director of Disability Support Services as a resource
in this
process.
If an
employee and supervisor cannot agree on appropriate modifications, they
should
contact the Director of Disability Support Services to assist in establishing
reasonable modifications. The Director will review the concerns of both parties
in
light
of the employee's documented needs, the written job description, the position
announcement, and office/department practices. Based on this evaluation, the
Director will provide an access plan outlining the accommodations to be
provided.
E. Appeal Process: Longwood
University recognizes both the wide variation in the needs
of employees
with disabilities and the variation in work environments and duties as
positions
evolve over time. When needs arise, the Director of Disability Support
Services
will, at the request of an employee or a supervisor, review the process by
which the
current modifications were determined and seek to revise the modifications
as appropriate. If this process fails to establish mutually acceptable
modifications, the
dissatisfied party may file an appeal as described below.
During the appeals
process the
accommodations outlined in the Access Plan will be
provided.
1. Employee/Employer Appeals:
a. Basis for Appeal: Faculty, Staff, Administrators may appeal the
accommodations granted them on the following basis:
(1) The absence of a particular accommodation in the Access Plan
developed by the Director of Disability Support Services does not
provide equal access to employment, opportunities for advancement,
employee benefits, or participation in the Longwood community.
(2) Equally effective alternatives have not been considered that are
significantly preferable in terms of job performance, work place
integration, independent functioning, or individual dignity.
b. Basis for Employer Appeal: Immediate supervisors, coordinators,
directors or vice presidents may appeal an employee's accommodations
on the following basis:
(1) One or more recommendations in the Access Plan developed by
the Director of Disability Support Services represent a fundamental
alteration in an essential job function. The basis for such an appeal
should be that the recommended modifications negate a
fundamental/essential aspect of the activity or service to the point
where it is substantially altered. The appeal must include a rationale
that documents the fundamental aspect and how the modification
negates it.
(2) Equally effective alternatives have not been considered that are
significantly preferable from a logistical or financial perspective.
The basis for such an appeal should be that the alternatives being
requested allow for a least the same level of participation by the
employee as those in the Access Plan and are justified by ease or
cost of implementation. The appeal must include a rationale that
documents that the alternative is equally effective and demonstrates
that logistical or financial benefits.
2. Filing Appeals: *Before filing an appeal, the petitioner must contact
the
Director of Disability Support Services and request a modifications review. If
the results of the review do not satisfy the petitioner, a letter of appeal
should
be submitted within five (5) days to the Chief Human Resources Officer for
consideration by the Review Committee. Petitioners may, at their own
expense, submit additional documentation, evidence, or expert opinion to
support their appeals. Such evidence may be in the form of oral testimony or
written or taped reports and must be submitted on or before the date of the
hearing.
The Review Committee consists of three (3) members of the Equal Opportunity
Affirmative Action Committee
(EEO/AAC) selected by the
Chief Human
Resources Officer (CHRO). The Review Committee will meet within ten (10)
business days of the receipt of the appeal by the CHRO. After considering the
appeal, the Review Committee will give its recommendations to the petitioner.
If the petitioner desires to appeal the decision of the Review Committee, the
appeal is sent to the
vice president in charge of the area in which the employee
works. The decision of that vice president is final. In cases where the area
vice
president is the immediate supervisor, the President will serve as the final hearing
officer.
Petitioners should include the following in their appeal:
a. The modifications that have been refused or required that are being
appealed.
b. The rationale for the appeal. This would address the need for an
accommodation in the case of an employee appeal or how an
accommodation negates an essential job function or creates an undue
burden in the case of an employer appeal.
c. Documentation that supports the appeal.
*Petitioners needing assistance with this process may select their own
advocate or request that an advocate be assigned by the AAO.
3. External Appeals: Individuals have the right to pursue appeals through
external
channels.
IV. THE EQUAL OPPORTUNITY AFFIRMATIVE ACTION
COMMITTEE
The EEO/AA Committee is a standing committee of the institution. Upon receiving
an
appeal and supporting documentation from a student or employee, the appropriate Longwood
officer shall appoint three (3) members of the EEO/AA Committee to serve as
the Review
Committee for the appeal. In the case of student appeals, the Vice
President for Student Affairs
shall appoint the committee members. In the
case of employee appeals, the CHRO
shall appoint the committee members. This Committee shall meet to consider the
appeal
within ten (10) working
days of its receipt in the office of Student
Affairs or Human Resources.
To protect the petitioner's privacy, the VP for Student Affairs or the CHRO shall
remove
personally identifying
information from all documentation before
forwarding it, shall notify the
petitioner of the scheduled date and time of the
meeting, and shall notify the petitioner of his
or her right to present the
appeal in person if he or she so chooses.
When the Committee reviews the appeal, it may appoint an expert to make an
independent
evaluation of the documentation provided. The expert may be present
at the meeting to
interpret the results of the evaluation.
The Committee may decline to review materials that are irrelevant or
repetitive or may
request additional materials, further explanations, or
clarification of submitted materials.
The Committee may also schedule additional
hearings if necessary to assure full and fair
consideration of the appeal.
Committee recommendations involving expenses greater than one thousand
(1,000) dollars
or job
restructuring will be forwarded to the appropriate vice president for review.
The VP for Student Affairs or the CHRO shall notify, in writing, all parties involved
in the
appeal of the final outcome.
Approved by the Board of Visitors October 29, 1993.
Revised and approved by the Board of Visitors, September 7, 2002.
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