Policies
and Procedures
For
Disability Services
Approved
POLICIES
Assurance Policy
It is the policy of
Statement
of Non-Discrimination
Confidentiality
Troy
University Disability Coordinators and Directors of Human Resources are
committed to ensuring that all information regarding students and employees is
maintained as confidential as required or as permitted by law. Disability information collected for the
benefit of any student does not become part of the student’s academic record,
nor does disability information collected for the benefit of the employee
become a part of any public document. Information
in files will not be released without a student’s or employee’s written
permission except in circumstances mandated by federal or state law.
1. General History
On
2. Qualification
for Services
2.1 Any student/employee seeking accommodations under ADA/504 will meet with the
Disability Services Coordinator/Director of Human Resources to discuss needs.
The student/employee may then complete an application for services.
2.2 The student/employee will discuss his/her needs and responsibilities with the Disability Services Coordinator/Director of Human Resources and sign appropriate release forms.
2.3
The student/employee will provide documentation of
a disability in accordance with the Criteria For
Disability Documentation within
2.4 The Disability Services Coordinator/Director of Human Resources will determine whether the student/employee is eligible for services and inform the student/employee
in writing of the determination.
3.1 The Disability Services Coordinator/Director of Human Resources and the student/
employee will determine reasonable and appropriate accommodations based upon
documentation (submitted in accordance with 2.3 above).
3.2 The Disability Services Coordinator/Director of Human Resources will provide an Accommodation Letter for each instructor/supervisor (See App. B).
3.3 The student/employee is responsible for discussing implementation of accommodations with faculty/supervisor. Conflicts or disagreements should be referred to the Disability Services Coordinator/Director of Human Resources.
3.4 The Disability Services Coordinator/Director of Human Resources will insure and maintain confidentiality of all student/employee disability related records and services
as required by federal and state law.
4. Providing
Services for Students and Employees With Disabilities
4.1 Services and reasonable accommodations are provided pursuant to Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. It is a goal of
full access to programs, facilities, and employment.
4.2 All students must meet the same academic standards for admission established by each Troy University campus. Faculty may be consulted to assist in determining which academic requirements are essential or fundamental to a major course of study. Such requirements will not be modified, nor will the standards by which a student/employee is graded or evaluated be altered. All employees must be able to perform the essential duties of the required position with reasonable accommodation.
4.3
employment or participation in other institutional activities, and provide the following services for students/employees:
4.4 Providing reasonable accommodations for students/employees with disabilities requires an individual assessment of need. Specific accommodations depend upon the nature and
requirements of a particular course or activity and the skills and functional abilities of the
student/employee. Appropriate accommodations may include, but are not limited to:
The University is not required to make modifications that would pose an undue financial burden or violate the code of conduct.
4.5 Students/employees with disabilities are responsible for identifying themselves to the campus Disability Services Coordinator/Director of Human Resources in order to assure timely provision of accommodations. Students should register with the Disability Services Office and make requests for accommodations prior to the beginning of the term.
5.
Activities
and Special Events
Every event, special activity, and program hosted or planned by the University should be accessible to persons with disabilities. When selecting a location for an event, consideration should be given to its accessibility. If the event is publicized, provide persons with disabilities the opportunity to request special accommodations. Special accommodations can include alternate printed materials, interpreters for the deaf, assistive listening devices, etc. To determine the special accommodations that may be requested, list the following statement on all applications, registration, and program announcements:
Individuals with disabilities requiring special accommodations should contact ____________ (event coordinator) prior to the event, allowing reasonable advanced notice so that reasonable accommodations may be arranged.
6.1 A party making a complaint should meet with the party with whom he/she is in disagreement and attempt to discuss and clarify the problem.
6.2 If the problem cannot be resolved, the next step is for the complainant to discuss it with the Disability Services Coordinator/ Director of Human Resources. If the complaint is lodged against the Disability Services Coordinator/Director of Human Resources, the party making the complaint will meet with the Disability Services Coordinator’s/Director of Human Resources’ immediate supervisor.
6.3 If the Disability Services Coordinator’s/Director of Human Resources’ supervisor is unable to resolve the issue, the party making the complaint will put it in writing, using the Troy University ADA Grievance Form (see App. B).
6.4 A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown.
6.5 The Chief Executive Officer of each campus will designate a reviewing authority that will initiate the investigation.
6.6 The reviewing authority shall investigate each complaint, attempt informal resolution, and, if resolution is not achieved, issue to the complainant and the respondent a Letter of Findings that should include: findings of fact, conclusions, a description of a remedy for each violation found, and notice of the rights available to a complainant who is not satisfied with the resolution or decision rendered by the reviewing authority (See 6.8 below).
6.7 Findings will be reported within 30 working days upon receipt of the formal complaint, if possible. A Letter of Findings will be provided to the parties involved via certified mail, return receipt requested, informing each of the determinations.
6.8
The right of an individual to a prompt and
equitable resolution of a complaint filed under this Grievance Procedure shall
not be impaired by his/her right to pursue other avenues of resolution such as
filing an ADA complaint with an appropriate federal agency or department. If a satisfactory resolution is not achieved,
complaints may be directed to the Regional Office for Civil Rights, U.S.
Department of Education,
6.9
The reviewing authority will maintain files and
records of
7.1
Students
Unlike the K-12 system, in higher education it is the responsibility of the student to self-identify as being in need of accommodation. This means it is the student’s responsibility to make application to be accepted as a student with a disability, provide documentation, cooperate with the Disability Services Coordinator to determine appropriate accommodations, deliver Accommodation Letters to the faculty, etc. In other words, students with disabilities in higher education (just as those without disabilities) are expected to take an active role in managing all aspects of their academic needs, adhere to academic policies and deadlines and follow codes of conduct.
7.2
Employees
The employee must satisfy the requirements for the job, such as education, employment experience, skills, certificates, or licenses. The employee must also be able to perform the essential functions of the job with or without reasonable accommodation. Employees who believe they have a disability are responsible for notifying their supervisors, contacting the Director of Human Resources and/or the Disability Services Coordinator, and following the procedures outlined in this policy to secure reasonable accommodation.
7.3
Faculty
Faculty are not responsible for, nor should they become involved in, evaluating a student’s disability or reviewing documentation of claimed disabilities. Faculty who are presented with such requests are responsible for referring the student to the Disability Services Coordinator. The Disability Services Coordinator will evaluate the request in accordance with established policy (see App. A) and make appropriate determinations. If accommodations are merited, a student will present the faculty with an Accommodation Letter. The Accommodation Letter, signed by the Disability Services Coordinator, verifies that the student is registered as a student with a disability and entitled to the accommodations specified on the letter. Faculty are responsible for reviewing the information in the letter and discussing how the accommodation will be implemented in the course. Any questions or concerns about the information contained in the letter should be directed to the Disability Services Coordinator.
Faculty utilizing Distance Learning media are responsible for ensuring that students with disabilities have full access to distance learning course materials just as they are for students in the classroom. Examples include: ensuring fully accessible websites, use of captioned media, and/or providing written transcripts of video presentations. Since the possibilities in Distance Learning are endless, the means of providing accommodations must remain open to creativity. Each situation should be evaluated on a case-by- case basis, and accommodations made that are reasonable for each situation. Distance Learning faculty are responsible for contacting the Disability Services Coordinator with questions concerning the implementation of accommodations.
Reasonable accommodation in the
classroom (traditional, virtual, or otherwise) is an individual civil right
guaranteed by federal legislation (
All faculty are responsible for including the following statement in each course syllabus:
(See Section 3.8.2.8 of the Faculty Handbook.)
AMERICANS WITH DISABILITIES ACT: Students with disabilities, or those who
suspect they have a disability, must register with the Disability Services Coordinator in
order to receive accommodations. Students currently registered with the Disability Services Office are required to present their Disability Services Accommodation Letter to each faculty member at the beginning of each term. If you have any questions, contact the Disability Services Coordinator at (insert phone number and e-mail address of your campus DSC).
7.4 Supervisors
Personnel serving in supervisory
positions are responsible for referring employees needing accommodation to the
Director of Human Resources and/or Disability Services Coordinator. It is the responsibility of the Director of
Human Resources, in consultation with the Disability Services Coordinator, to
evaluate whether or not an employee has a disability covered by the
Supervisors remain responsible for evaluating whether or not an employee is able to perform his or her job (given reasonable accommodation) just as the supervisor would for any other employee under his/her supervision.
Reasonable accommodation in the
workplace is an individual civil right guaranteed by federal legislation (
NOTE: The policies and procedures set forth in
this document will be periodically reviewed and revised to reflect compliance
with existing legislation, amendments to current statutes, or enactment of
additional statutes. Each such revision
shall supersede, as does this document, all previous publications, or excerpts
published or cited elsewhere.
Appendix A
Criteria For
Disability Documentation
Based upon Guidelines from
The Association on Higher Education and
Disability (AHEAD)
Section 504 of the Rehabilitation Act of l973 and the
Americans with Disabilities Act of 1990 state that qualified students/employees
with disabilities who meet the admission, academic or employment standards of
A letter or report from the treating physician, orthopedic specialist, audiologist, otologist, speech pathologist, ophthalmologist, optometrist (as appropriate) which includes:
1. Clearly stated diagnosis
2. Defined levels of current functioning and any limitations
3. Current treatment and medication
4. Current letter/report (within 1 year), dated and signed
5. Necessary accommodations
A letter or report from a mental health professional who is impartial and not related to the student/employee, i.e., psychiatrist, psychologist, neuropsychologist, licensed professional counselor, or clinical social worker which includes:
1. Clearly stated diagnosis based upon current DSM criteria
2. Defined levels of current functioning and any limitations
3. Assessment and evaluation instruments used, observations, history, etc.
4. Current treatment and medication
5. Current letter/report (within 1 year), dated and signed
6. Necessary accommodations
Traumatic Brain Injury (TBI)
A comprehensive evaluation by a physician, neurologist, licensed clinical, rehabilitation or school psychologist, neuropsychologist, or psychiatrist which includes:
1. A clear statement of head injury or traumatic brain injury
2. Current impact on student’s/employee’s functioning and limitations
3. Cognitive and achievement measures used and evaluation results
4. Current residual symptoms and a statement regarding the student’s/employee’s ability to meet the demands of a postsecondary academic or work environment
5. Current treatment and medication
6. Current letter/report (post-rehab within 1 year), dated and signed
7. Necessary accommodations
Learning Disabilities (LD)
A comprehensive evaluation report written in narrative form by an impartial individual not related to the student/employee, i.e., licensed psychologist, psychiatrist, learning disabilities specialist, licensed professional counselor, educational therapist or diagnostician, which includes:
1. Clearly stated diagnosis of a SPECIFIC learning disability in reading, math, or written language based upon current DSM criteria.
2. Educational/work history documenting the impact of the learning disability
3. Alternative explanations and diagnoses are ruled out
4. Relevant test data with standard scores provided to support conclusions of the measures of intellectual/cognitive/information processing abilities by at least one of the following instruments: (a) WAIS-II or III (b) Woodcock-Johnson Psychoeducational Battery-Revised (c) Stanford-Binet IV (d) Peabody Individual Achievement Test (e) Stanford Test of Academic Skills
5. Statement of the functional impact or limitations of the disability
6. Current report (within 3 years), dated and signed
7. Necessary accommodations
Note: High School IEP, 504 Plan, and/or letter from a physician or other professional will not be sufficient to document a learning disability. The evaluation must be comprehensive.
Attention Deficit Hyperactivity Disorder (ADHD)
A comprehensive evaluation report written in narrative form by an impartial individual not related to the student/employee, i.e., a developmental pediatrician, psychiatrist, neurologist, licensed clinical or educational psychologist, which includes:
1. Clearly stated diagnosis of ADHD based upon current DSM criteria
2. Evidence of early and current impairment in at least two different environments including past and present symptoms
3. Alternative explanations and diagnoses are ruled out
4. Relevant test data with standard scores provided to support conclusions including at least one of the following instruments: (a) WAIS-II or III (b) Woodcock-Johnson Psychoeducational Battery-Revised (including Written Language) (c) Behavioral Assessment Instruments and Checklists normed on adults
5. Statement of the functional impact or limitations of the disorder and the degree to which it impacts the individual
6. Medications prescribed and how they will impact the student’s/employee’s ability to meet the demands of the postsecondary academic or work environment
7. Current report (within 3 years of enrollment date), dated and signed
8. Necessary accommodations
Note: High School
IEP, 504 Plan and /or letter from a physician or other professional will not be
sufficient to document ADHD.
Prescription medication cannot be used to imply a diagnosis.
Appendix B
Disability Services Forms
Date _____________________________
DOE_____________________________
APPLICATION FOR DISABILITY SERVICES
Name_________________________________________ SSN/Student ID________________
First
Last Middle Initial
Address_________________________
City__________________
ST___ Zip Code_______
Phone No. (H) (____)___________ (W) (____)_____________ E-Mail _________________
Live on Campus? Yes _____ No _____ N/A _____
Date of Birth ___________ Male
___ Female ___ Emergency Contact__________________
Student _____ Major
_________________ Employee _____ Dept.____________________
Classification: Freshman ___ Sophomore ___ Junior ___
Senior ___ Graduate ___
N/A ___
Explain your disability and current treatment:_________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
What accommodations are you requesting?___________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Do you take prescription medication?
Please name it, the dosage and the physician who prescribed it.
____________________________________________________________________________
______________________________________________________________________________
Do you receive assistance from Vocational Rehabilitation, Veteran’s
Affairs, Student Support Services or any other agency? If you answered yes, please name your
counselor or contact person and his/her
location.______________________________________________________.
Once you make application for services and provide the appropriate
documentation, the Disability Services Coordinator/Director of Human Resources
will review your documentation and inform you of your status as a student or
employee with a disability.
B-1
I______________________________, hereby give my permission
to
Print Name
discuss information concerning my
disability and accommodations and/or to release documenta-tion on my
disability, with individuals who will be involved in the delivery of services
to me for my benefit. I also give
permission for other agencies and individuals to discuss and release
information to the Troy University Disability Services Coordinator. In addition, pertinent information related to
my disability may be provided to facilitate the delivery of services on a “need
to know” basis. These individuals
include, but are not limited to (1) parents, (2) guardian, (3) spouse, (4)
faculty and staff of
For students, permission to release information will remain in effect until graduation. For employees, permission remains in effect throughout the term of employment with Troy University. Permission may be rescinded in writing at any time.
______________________________ ____________________________
Signature
of Student/Employee Date Signed
________________________________________ _____________________________________
Disability
Services Coordinator/ Date
Signed
Director
of Human Resources
Notice to Party Receiving Information: This information has been disclosed to you from records whose confidentiality is protected by federal law which prohibits you from making further disclosure of information without the specific written consent of the person to whom it pertains, or as otherwise permitted by such regulations. A general authorization for the release of medical or other information is not sufficient for this purpose.
B-2
John Q. Student
123 Happy Avenue
Dear
Your application requesting status as a student/employee
with a disability at
It is your responsibility to pick up your Disability Services Accommodation Letter and deliver it to the faculty/supervisor. Remember, a separate form is needed for each faculty each term of enrollment.
Please do not hesitate to contact me if you have questions or concerns. My office is located in________________________. My office hours are ___________________.
My telephone number is________________________ My e-mail address is ________________________________.
Sincerely,
Disability Services Coordinator/
Director of Human Resources
B-3
John Q. Student
123 Happy Avenue
Dear
Your application requesting status as a student/employee
with a disability at
If you are still interested in obtaining accommodations, please contact the Disability Services Office/Director of Human Resources to discuss eligibility requirements. My office is located in________________________. My office hours are______________. My telephone number
is ___________________. My email address is_______________________.
Sincerely,
Disability Services Coordinator/
Director of Human Resources
B-4
Disability Services Accommodation Letter
Memorandum to
Faculty:
The student/employee listed below has registered with the Disability Services Coordinator/
Director of Human Resources as having a documented disability that will require accommoda-tions. This means that (s)he is eligible for services that give equal access to higher education/
employment under the guidelines of Section 504 of the Rehabilitation Act of 1973 (as amended) and the Americans with Disabilities Act of 1990. Please discuss these accommodations with the student/employee and immediately contact the Disability Services Coordinator/Director of Human Resources if there are any concerns.
Term and Year:__________________________
Accommodations Approved:_____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
For more information, please contact the Disability Services Coordinator or Director of Human Resources on your campus.
B-5
TROY
Complainant:
Date: ____________________
Name: ___________________________ Signature:_____________________________
Mailing Address:______________________________________________________________
Home Phone # (____)__________________ Work Phone # (____)_____________________
Faculty
_____ Staff _____
Student _____ Other
(specify) __________________
Respondent:
Name of person or group the complaint is against: _________________________
Phone # (____)_______________________
Faculty _____ Staff _____ Student _____ Other (specify) ____________
What was the result of your discussion with the respondent? (Please use back if
additional space is necessary)
____________________________________________________________________________
____________________________________________________________________________
Date and Time: _______________________ Location: _____________________________
What happened? _____________________________________________________________
____________________________________________________________________________
(Please
use back of form if additional space is necessary)
Names and phone numbers of others who can verify what happened:
____________________________________________________________________________
What would you like to see happen (for you, for others) with respect to this issue?
____________________________________________________________________________
____________________________________________________________________________
Actions Taken: ______________________________________________________________
____________________________________________________________________________
B-6