The version of this rule that includes
live links to associated resources is online at
https://www.ohio.edu/policy/03-003.html
(A)
Overview
Discrimination on the basis of
disability is prohibited. qualified persons with disabilities shall not be
denied access to educational or employment opportunities at Ohio
university.
This policy establishes a compliance
procedure to implement and enforce the provisions of the Americans with
Disabilities Act of 1990 (as amended). ADA Amendments Act of 2008 (ADAAA).
Sections 503 and 504 of the Rehabilitation Act of 1973. and state disability
law. This policy is also intended to provide guidance to employees and students
in regards to their rights and responsibilities under the
above-mentioned laws mentioned in this
paragraph.
(B)
Responsibility for university response
Ensuring an accessible and inclusive
educational and work environment is the responsibility of every member of the
university community.
(1)
Office for equal opportunity and accessibility
The director of equal opportunity and
accessibility shall serve as the university's ADA/504 cordinator. The ADA/504
cordinator shall
(a)
Receive and respond to complaints of discrimination or
harassment on the basis of disability and monitor Ohio university's compliance
with affirmative action obligations in regards to persons with
disabilities:
(b)
Coordinate response to requests for accommodation or
employment modification by employees:
(c)
Coordinate
response to issues regarding campus accessibility in collaboration with other
offices.
(2)
Ohio university facilities department
The Ohio university facilities
department is responsible for promoting compliance with campus physical and
architectural access.
(3)
Office of
information technology
The office of information technology is
responsible for identifying, implementing, maintaining, and renewing accessible
information systems, including web presence, academic support systems,
administrative information infrastructure; and to ensure accessibility for
students, staff, and public users.
(4)
Office of student
accessibility services
The office of student accessibility
services is responsible for organizing the university response to requests for
accommodation and provision of academic services that support the needs of
students with disabilities.
(5)
University human
resources
University human resources is
responsible for coordinating the university's response to related employment
issues such as hiring processes; job performance and evaluation; benefits
including vacation, personal, and sick leave; and university compliance with
state and federal employment laws such as FMLA and workers'
compensation.
(C)
Coverage
This policy applies to current and
prospective students, current and prospective employees including qualified
applicants for employment, visitors, and guests on campus.
(1)
Definition of
disability
An individual with a disability is an
individual who has a physical or mental impairment that substantially limits
one or more major life activities; has a record of such impairment; or is
regarded as having such an impairment.
(2)
Qualified person
with a disability
(a)
With respect to education, a qualified person with a
disability is a person with a disability who meets the academic and technical
standards for admission or participation in a particular educational program or
activity with or without accommodation.
(b)
With respect to
employment, a qualified person with a disability is a person with a disability
who, with reasonable accommodation, can perform the essential functions of a
particular job. This policy extends to recruitment, selection, termination,
compensation, and advancement in employment with or without
accommodation
(3)
Essential functions of a job
Those functions actually performed in
the job, the removal of which would fundamentally alter the position. To
determine whether a function is essential, it must be determined whether the
position exists to perform that function and whether there are other employees
available to share that function, as well as the degree of expertise required
to perform the function. Whether a function is essential also depends on the
content of the written job descriptions, the terms of the collective bargaining
agreement, the time spent performing the particular function, and the
consequences of failing to require the employee to perform the
function.
(4)
Reasonable accommodation
(a)
In regards to
education: A modification or adjustment to an academic program or activity that
enables a student to meet essential element of the academic program. Such
accommodation is required unless it causes undue hardship on the academic unit
or poses a direct threat to the health and safety of the individual or others.
Undue hardship is defined as any accommodation that is substantially
disruptive, administratively burdensome, unduly costly to the university, or
that would fundamentally alter the nature, operations, or requirements of the
educational program or activity.
(b)
In regards to
employment: A modification or adjustment to a job, the work environment, or the
way things are done that enables a qualified individual with a disability to
perform essential job functions. Such accommodation is required unless it poses
an undue hardship on the employer or poses a direct threat to the health and
safety of the individual or others. Undue hardship is defined as any
accommodation that is substantially disruptive, administratively burdensome,
unduly costly to the university, or that would fundamentally alter the nature
or operation of the unit.
(D)
Process for
seeking accommodation for a disability
The following procedure will be used
when an employee, student, applicant, or member of the public requests
reasonable accommodation from an employee or representative of the university,
in order to ensure compliance and to accommodate requests from individuals who
have identified themselves as having a disability.
(1)
Employee-initiated requests for reasonable
accommodation
In regard to employment opportunity and
job performance: An individual employee with a disability who seeks
accommodation or other work modification will request reasonable accommodation
to his or her supervisor and notify equal opportunity and accessibility
(employee accommodation coordinator). The employee accommodation coordinator
shall be responsible for ensuring application of a fair and consistent process
for verifying a disability and providing reasonable accommodation and for
maintaining the university's employment records that relate to the disclosed
disability. The employee accommodation coordinator will interact with
employees, supervisors, and administrative decision-makers to facilitate
communication and agreement about accommodation for employees with
disabilities.
The university employee accommodation
coordinator shall verify that the individual is a qualified person with a
disability and coordinate the university's response when determining an
appropriate accommodation. Every effort will be made to balance the need for
employees or representatives of the university to have information in order to
fulfill an accommodation request and the disabled individual's interest in
maintaining privacy of protected health information.
(2)
Student-initiated
requests for reasonable accommodation
Students with disabilities who seek
reasonable accommodation must register with student accessibility services for
assistance with identifying appropriate academic adjustments and resources.
Student accessibility services shall be responsible for ensuring application of
a fair and consistent process for verifying a disability and providing
reasonable accommodation and for maintaining the university's educational
records that relate to the disclosed disability. Student accessibility services
will interact with students, faculty, and staff to facilitate communication and
to coordinate accommodation and services for students with
disabilities.
Student accessibility services shall
verify that the individual is a qualified person with a disability and
coordinate the university's response when determining an appropriate
accommodation.
(3)
Applicant-initiated requests for reasonable
accommodation
Individuals who require reasonable
accommodation to access or submit an application for employment should contact
the office for equal opportunity and accessibility or university human
resources.
Prospective students who require
reasonable accommodation to access or submit an application for any academic
program, financial aid, housing, or co-curricular program, should contact
student accessibility services.
(4)
Public-initiated
requests for reasonable accommodation
Individuals who require reasonable
accommodation to access or participate in any university program should contact
the office for equal opportunity and accessibility. Concerns about physical or
architectural access may be communicated to the office for equal opportunity
and accessibility where it will be redirected to the appropriate university
office.
(5)
Review of decisions to deny requested
accommodation
In the event that a reasonable
accommodation cannot be agreed upon, individuals may seek review of a unit's
decision to deny implementation of a requested accommodation.
(a)
In regards to
education: review of decisions to deny requests for accommodation in an
educational program or activity may be made to the university ADA/504
coordinator, who will review and attempt to resolve the dispute informally and
in consideration of the situation in its entirety. If an informal resolution is
not possible, the ADA/504 coordinator shall render a final written decision in
regards to the reasonableness of the accommodation under the
circumstances.
(b)
In regards to employment: review of decisions to deny
requests for accommodation in the application process or workplace may be made
to the university ADA/504 coordinator, who will attempt to resolve the dispute
informally. In the event that an informal resolution is not possible, the
ADA/504 coordinator shall render a final written decision in regards to the
reasonableness of the accommodation under the circumstances.
(c)
Although the
preferred accommodation will be provided where reasonable, planning units may
provide reasonable alternative accommodation where appropriate.
(d)
Students,
employees, and planning units may seek review of a final determination of
reasonable accommodation by the ADA/504 coordinator to the executive vice
president and provost within five business days of being notified of the
decision.
Federal disability law requires that
any accommodation be evaluated in light of the total resources and function of
the university and not simply from a given department's resources or
function.
(E)
Campus and
program accessibility
(1)
Physical access
Ohio university facilities is primarily
responsible for campus-wide physical access.
(2)
Activities and
events
Any department or organization that
coordinates or sponsors an activity or event open to the university community,
campus visitors, or the public:
(a)
Shall promote a
clear process by which an individual may request accommodation in advance of
need.
(b)
Shall provide reasonable accommodation for the event;
examples include alternate format materials, sign language interpretation,
accessible parking, etc.
(c)
May work in consultation with the offices of student
accessibility services or equal opportunity and accessibility to determine such
a process or identify resources to meet accommodation requests.
(F)
Discrimination
Individuals who believe that they have
been discriminated against in any educational program or activity or employment
situation at Ohio university on the basis of having a disability, a record of
disability, being regarded as disabled, or having association or affiliation
with a person who has a disability, may file a complaint with the office of
equity and civil rights compliance pursuant to this policy and policy
40.001.
The version of this rule that includes
live links to associated resources is online at
https://www.ohio.edu/policy/03-003.html