| Policies and Rules
AMERICANS WITH DISABILITIES
ACT COMPLIANCE POLICY AND PROCEDURE
| OFFICE
OF RECORD: |
President's
Office |
| ISSUED
BY: |
President |
| APPROVED
BY: |
Doug Knowlton |
|
01-02-00 |
| EFFECTIVE
DATE: |
10/23/92 |
|
Last Revised
7/15/08 |
POLICY
It is
the policy of Dakota State University to comply with all Federal
and State requirements of the Americans with Disabilities Act (ADA),
the Rehabilitation Act of 1973, and other
similar statutes and regulations.
Further, and as a matter of policy, Dakota State University prohibits
discrimination based on disability against otherwise qualified
individuals from participation in the services, programs or activities
of the University including employment practices.
Any
employee who is found to be in violation of this policy will face
disciplinary action up to and including the possibility of termination
of employment.
PROCEDURES
The ADA
Employment Coordinator for Dakota State University is the Vice President for
Business & Administrative Services. Any employment issue regarding ADA
compliance may be brought to the ADA Employment
Coordinator for resolution in
accordance with the procedures contained herein. The Director of
Student Development serves as the ADA Academic Coordinator.
Any academic issues regarding ADA compliance in the classroom should be
brought to the Academic Coordinator for resolution.
Employment Practices
Dakota
State University, in conjunction with the Board of Regents and the State
of South Dakota, will take reasonable steps to ensure that:
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Applicants are able to make application and take pre-employment
tests even if accommodation is needed;
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Applicants are not discriminated against on the basis of a
disability and hiring practices and interview techniques are
consistent with the intent of the ADA;
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Where reasonable, accommodation is made for qualified applicants
with disabilities who are offered a position with the University;
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Employee retention and promotion decisions will not be based on any
real or perceived disability; and
- No
other benefits or rights of employment will be denied otherwise
qualified individuals with disabilities.
The
Director of Human Resources will work with employees with disabilities
to coordinate reasonable accommodations based on individual needs.
Employees or applicants who
feel they have been wrongly discriminated against
on the basis of a real or perceived disability must notify the
Employment Coordinator in writing within 45 days of the alleged discrimination.
Within 15 working days of receipt of notification, the
Employment Coordinator will
conduct an investigation, including meeting with the grievant if
reasonable, and prepare a formal response to the grievant. The
Employment Coordinator will also recommend any corrective action deemed necessary
to the President of the University.
If a grievant is not
satisfied with the response from the Employment
Coordinator, a request for further
investigation may be filed with the President of Dakota State
University.
Physical Facilities
Dakota State University has prepared a transition plan for
all its physical facilities which makes a good faith effort to identify
all physical barriers to access and makes necessary plans for removal.
In preparing the Facilities Transition Plan, each building was surveyed,
input was gained, and a Final Facilities Transition Plan was prepared.
The Facilities Transition
Plan:
-
Makes a good faith effort to identify all physical barriers and
their impact on the programs and services offered by the University;
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Provides a plan for the barrier removal if necessary; and
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Provides an interim plan for circumventing the barrier prior to the
complete removal of the barrier.
In
those instances where barrier removal is readily achievable, the barrier
will be removed.
Individuals who identify a physical barrier to a
program or service offered at DSU and who want some action taken to
eliminate the barrier may make a written request to the Coordinator
describing the barrier and requesting its removal. Faculty and
staff may route their request through the Employment Coordinator, and
student requests may be routed through the Academic Coordinator.
Educational Programs and Services
Due to
the numerous types of disabilities that can affect an individual’s
potential for academic success, Dakota State University has an
established procedure dealing with access to and participation in
educational programs. These procedures
provide the framework
for decisions concerning reasonable accommodation
when students with
disabilities seek access to educational programs and
request accommodation.
Educational Accommodation Procedures
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An
individual with a documented disability wishing academic
accommodations to programs and/or services must contact the ADA
Academic Coordinator. Documentation must be no older than three
years from the date of application/request for program
modifications. Documentation will consist of medical or other
diagnostic documentation of disability or limitations.
-
A
formal written application for consideration of an academic
accommodation must be submitted along with professional
documentation of the disability as soon as possible prior to the
time the accommodation is needed. It is recommended that, when
applicable, requests be filed on initial admission to the
University. No action can be taken by the University until the
formal application and documentation are provided. Upon receipt of
the completed application, the ADA Academic Coordinator, in
consultation with the University consultant, will make decisions on
requests for common learning and testing accommodations.
If the request is out of the ordinary or
may impact the delivery of the educational program, the ADA
Academic Coordinator will convene an ad
hoc ADA Educational
Programs Committee* no later than ten working days after receipt
of the application. Each applicant will be handled and reviewed
individually. The applicant will be notified in writing of the
meeting place, date and time. The applicants may elect to attend the
meetings if they so choose.
-
The
purpose of the meeting with the ADA Educational Programs
Committee* is to discuss appropriate and reasonable
accommodations to be recommended to the University administrator(s) responsible for effecting the accommodations.
The Committee*, the applicant, and experts or advocates requested
to be present by the Committee* or the applicant will discuss the
request for accommodations and evaluation of documentation, if
any, provided by a University consultant. The goal is to reach
agreement on the type and extent of accommodations to give the
student appropriate access to classroom information and tests
that measure their knowledge without fundamentally altering the
program. The resulting recommendations and minutes of the
meeting will be forwarded to the Vice President
for Academic Affairs or
designee for final approval and action by the Committee’s*
designee. If the applicant elects not to meet with the
Committee*, the
Committee* makes recommendations based upon the applicant’s
written application, documentation, and other submitted
material. The student is notified of the Committee’s decision
by the ADA Academic Coordinator.
-
If
the requested accommodations would result in a fundamental
alteration of the service/program and/or requirements for the
University, the Committee* will declare the need for further
review of the request. The minutes of the meeting, without
recommendations for accommodations, will be forwarded to the
Vice President for Academic Affairs or designee for further review and
action. The Vice President for Academic
Affairs or designee will make a
final decision regarding program or service modifications and
prepare a written statement to the student on the decision and
the reason for the decision within ten (10) working days of
receiving the minutes.
Copies of official minutes, and letters of notification and all
documents, including the original application, professional
documentation, and related correspondence will be filed with the
ADA Academic Coordinator, declared personal and confidential,
and thereafter communicated only to those who have a need to
know, in accordance with the Family Rights and Privacy Act.
Files will be maintained during the student’s enrollment and
destroyed three years after the individual’s last official
affiliation with the University as a student.
-
The
Vice President for Academic Affair’s designee will notify faculty and/or
other university personnel who will be responsible for implementing
the accommodations within ten (10) working days of the decision so
as to insure that the accommodations are in place for the individual
at the earliest possible time in a new semester or new setting. If
the documentation received suggests an accommodation, DSU will
implement the recommended accommodation until such time that it is
determined by the ADA Educational Programs Committee* that the
academic program is altered by said accommodation.
Faculty/university
personnel are required to maintain the confidentiality of the
process, to strictly adhere to the officially designated
accommodations, to share any problems or concerns only with their
administrator or the Vice President for Academic
Affair's designee, and to
support the student’s full and equal participation in the program
or service.
The student will notify the ADA Academic Coordinator in the event
that accommodation arrangements are not carried out in the
recommended manner. Should individuals need additional
accommodations, they may request a new meeting with the Committee* by
contacting the ADA Academic Coordinator.
-
Faculty
or other university personnel who are responsible for implementing
accommodations for a student are encouraged to provide pertinent
progress checks and make suggestions or address concerns
regarding future services. Any formal evaluations must be
submitted to the ADA Academic Coordinator for inclusion in the file
within 10 working days of termination of the faculty’s or other
personnel’s responsibility to that student. The ADA
Academic Coordinator will examine all forms upon receipt and take
any action deemed necessary, to include requesting another meeting
of the Committee*.
-
The
ADA Academic Coordinator will meet with all students served by this
policy annually to determine if needs are being met. Individuals may
be contacted to discuss their accommodations in more detail should
it appear that adjustments or additional accommodations may be
needed. A new meeting of the Committee* may be called and the process
may be repeated beginning with step 2 above.
-
The
decisions of the ADA Academic Coordinator and/or ADA Educational
Programs Committee* and/or the Vice President
for Academic Affairs may be
appealed to the President within five (5) working days of receipt of
the recommendation. The President will provide a written response to
the appeal within five (5) working days of receipt of the appeal.
The President’s decision may be appealed to the Office of Civil
Rights, 10220 North Executive Hills Boulevard, 8th Floor, Kansas
City, MO 64153-1367.
Composition
of the Ad Hoc ADA Educational Programs Committee*
The
ad hoc ADA Educational Programs Committee will
include the ADA Academic Coordinator plus four
additional members, with members selected
based on the area of expertise required by the student request. (At
least two of the committee members will be faculty.)
Flow chart of Process:

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