DIXIE STATE COLLEGE OF UTAH

POLICIES AND PROCEDURES MANUAL


Section: 3-Faculty

Policy No: 37

Approved: 6/5/98

Policy: AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE VOCATIONAL REHABILITATION ACT COMPLIANCE

3-37 AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE VOCATIONAL REHABILITATION ACT COMPLIANCE

37.1 This policy indicates Dixie State College’s compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Vocational Rehabilitation Act of 1973.

37.2 Dixie State College is committed to providing equal employment opportunities for qualified employment applicants and employees.

37.2.1 It is the College’s policy to ensure that employment decisions are made without discrimination, including, but not limited to, decisions concerning hiring, compensation, benefits, job assignments, training, evaluations, working conditions, and opportunities for advancement.

37.2.2 Dixie State College expresses intent to provide reasonable accommodation, as necessary, to enable an otherwise qualified person with a disability to perform successfully the essential functions of the job.

37.2.3 The Human Resources Office is responsible for posting a notice of the Americans with Disabilities Act in locations appropriate for employee and applicant access.

37.3 Definitions

37.3.1 Disability: Any physical or mental impairment that substantially limits one or more major life activities as covered and protected by ADA. Having a qualified record of such an impairment and/or being regarded as having such an impairment by a qualified professional may validate an individual as having a disability.

37.3.1.1 Exceptions are those conditions excepted by Title I, section 504, of the ADA.

37.3.1.2 To be considered with a disability, one must meet the essential eligibility requirements for receipt of special accommodations, according to ADA and 504 regulations.

37.3.1.3 An employee who is covered by workers compensation due to a work related injury may also be qualified with rights under ADA.

37.3.1.4 An employee may qualify for a temporary transitional assignment upon return to work after being on workers compensation, due to the development of a disability, or during the disability qualification determination period.

37.3.2 Reasonable accommodation: Effective accommodation of a qualified individual with a disability by which barriers to equal employment opportunity are removed or alleviated, so that s/he is enabled to perform the essential functions of the job for which s/he is hired.

37.3.2.1 Reasonable accommodation should not impose an undue hardship on the employer. "Undue hardship" means significant difficulty or expense, which is extensive, substantial or disruptive.

37.3.2.2 An employer is obligated to provide reasonable accommodation only for qualified individuals with eligible disabilities.

37.3.2.3 Reasonable accommodation also considers the health or safety of other employees.

37.3.2.4 Employees must be able to perform the essential functions of the job, either with or without accommodation.

37.3.2.5 If reasonable accommodations will not enable the employee to perform the job adequately, the employee may be judged to be not qualified for the position.

37.3.3 The 504 Compliance Officer is responsible for assuring that the College and the ADA Coordinators are complying with requirements of reasonable accommodation.

37.3.4 ADA Coordinators: The person(s) designated by the College to authorize and ensure the provision of reasonable accommodation and other ADA related assistance. For students that person is the Disabled Students Coordinator and for employees or applicants that person is the Human Resources Director.

37.4 Disability Accommodation Request Procedures

37.4.1 Request: It is the responsibility of the employee, student or applicant to disclose his/her disability and to request reasonable accommodation, if desired, from the ADA Coordinator. Accommodation is to be requested in the following manner:

37.4.1.1 Requests are to be made to the ADA Coordinator in writing, when possible, or in another appropriate format.

37.4.1.2 The requesting person needs to provide necessary information as determined by the ADA Coordinator.

37.4.1.3 It is the responsibility of the employee to provide the necessary medical or psychological information identifying diagnosis, associated functional limitations, and their effect on major life and work activities.

37.4.1.3.1 Additional opinions may be required by the ADA Coordinator and obtained at the expense of the employee’s department.

37.4.1.4 The ADA Coordinator has discretion to provide reasonable accommodations where the disability is obvious.

37.4.1.5 The employee should provide a release of information permit to allow communication between the College and the medical certifier.

37.4.1.6 It is the responsibility of the employee to recommend the nature of the accommodation s/he desires and to provide a detailed description and an explanation of its appropriateness.

37.4.1.7 The College will determine eligibility for and specify the nature of academic adjustments accommodation or reasonable work related accommodations.

37.4.2 Response: Decisions regarding accommodation will be made by the ADA Coordinator. The ADA Coordinator will in consult with the employee, and may consult as deemed appropriate the supervisor, the department head, and appropriate individuals inside and outside of the College.

37.4.2.1 Simple, inexpensive, work accommodation may be granted by the supervisors to all employee alike without regard to ADA.

37.4.2.2 The ADA Coordinator is to be informed of all requests that involve a work change due to a health condition.

37.4.2.3 The reasonableness of any accommodation will be made on a case by case basis.

37.4.2.4 Determinations will be rendered in a prompt manner.

37.4.2.5 The ADA Coordinator may provide temporary accommodations as are appropriate while required documentation is obtained and ADA/504 determinations are being made.

37.4.2.6 Before a request is denied, the state risk management office will be consulted.

37.4.2.7 Decisions regarding the determined accommodation will be issued by the ADA Coordinator, in writing, to the requesting person.

37.4.2.8 The College shall share ADA information internally on a "need to know" basis.

37.4.2.9 Supervisors are to provide accommodation. However, they will receive only information about job limitations and needed accommodation. They will not receive information regarding the requestor’s disability, unless the disability creates a life-safety issue.

37.4.2.10 Medical and Psychological records and other ADA information will be classified as confidential and will be maintained in keeping with the confidentiality requirements prescribed by the ADA Coordinator, ADA and GRAMA.

37.4.3 Direct Threat: Employees who present a direct threat to the safety of themselves or others, due to a qualified disability, may receive a new or a transitional assignment if appropriate or as a reasonable accommodation, if it will alleviate the safety threat.

37.4.3.1 If accommodation is not possible or the safety threat remains, the employee may be terminated.

37.4.4 Appeal: If the employee believes the determined accommodation to be inadequate or unacceptable, s/he may appeal the decision, in writing or in other appropriate format, to the 504 Compliance Officer.

37.4.4.1 The 504 Compliance Officer will investigate the appeal and make a recommendation to the College President, who will make a final decision.

37.5 All employee related discrimination complaints regarding disabilities should be referred to the ADA Coordinator. (See the Discrimination and Harassment Policy)

37.5.1 The exception is an appeal of determined accommodation. All such appeals should be made to the 504 Compliance Officer.

37.5.1.1 The 504 Compliance Officer will conduct an investigation of the complaint, make a determination of appropriate accommodation as defined by Section 504, and present his or her recommendation to the President. The President will make the final determination of accommodation.

37.6 All student related discrimination complaints, regarding disabilities, should be referred to the Dean of Students. (See the Discrimination and Harassment Policy)