STUDENTS WITH DISABILITIES POLICY AND PROCEDURES

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1 STUDENTS WITH DISABILITIES POLICY AND PROCEDURES I. POLICY The University of Portland does not discriminate in its educational programs, admissions policies, scholarship and loan programs, athletic and other school-administered programs, or employment on the basis of race, color, national or ethnic origin, sex, disability, age, or sexual orientation. The University expressly reserves its rights and obligations to maintain its commitment to its Catholic identity and the doctrines of the Catholic Church. The designated coordination point for University compliance with Section 504 of the Rehabilitation Act of 1973 and for ADA is the executive vice president, Rev. Mark Poorman, C.S.C., in coordination with the University Health Center, Human Resources, and the Office for University Events. The University of Portland is committed to the full access and inclusion of all qualified students in its programs. This policy and the procedures which derive from this commitment are intended to ensure that students with disabilities have equal opportunity for participation at the University and to assure full compliance with all applicable federal and state legislation. Policies and procedures will ensure that no person with a disability will, on the basis of that disability, be denied full and equal access to academic programs and activities or otherwise be subjected to discrimination by the University. This and other documents which relate to the provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and associated legislation are to be reviewed annually by a representative group, under the direction of the University Compliance Officer, who is the Executive Vice President. The Americans with Disabilities Act Compliance Committee will make recommendations regarding any change to this document to the Officers of the University. The Officers of the University shall make a final decision regarding any proposed change to this document. II. RIGHTS AND RESPONSIBILITIES The procedures which flow from the broad Policy for Students with Disabilities are clarified by this statement of rights and responsibilities of the student and of the University. The University has the right to maintain its standards for admitting students and for evaluating their progress toward the completion of a stated program, and the student with a disability has the right to be included in the university community based on criteria that do not unfairly discriminate. A. Rights and Responsibilities of the University The University of Portland recognizes its responsibilities to ensure the rights of students with disabilities and to identify and maintain the standards that are required to provide quality academic programs. These standards and goals are best elucidated in the University s Mission Statement, Aims and Objectives, and the Statement on the Common Curriculum, as found in the Bulletin.

2 Therefore, the University of Portland: 1. has the responsibility to ensure that all of its programs, viewed in their entirety, including but not limited to academic offerings, housing, transportation, student organizations, counseling, financial aid, placement, and recreational opportunities, are accessible. 2. has the right to identify and establish the abilities, skills, knowledge and achievements necessary for success in its programs and to evaluate applicants on the basis of such criteria. 3. has the right to identify and establish the abilities, skills, and knowledge that are fundamental to academic programs/courses and to evaluate each student s performance against these standards. Fundamental University, program, and course standards are not subject to modification. 4. has the responsibility to inform its students and prospective students about the availability of possible accommodations as well as the procedures for requesting them. 5. has the right to request, receive, and evaluate documentation that supports any request for accommodations. The University has the right to reasonable notice to provide time for arranging for accommodations. The University has a right to deny a request for accommodations if the documentation demonstrates that no accommodation is necessary, or if the individual fails to provide, or cooperate in obtaining, such documentation. 6. has the responsibility to make reasonable accommodations which ensure access to, and the opportunity for, full participation in a course. 7. has the right to select among equally effective accommodations for individuals with a disability. 8. has the right to refuse an unreasonable accommodation request or one that imposes an undue hardship on the University. 9. has the responsibility to act in a responsible and courteous manner to students with disabilities. 10. has a responsibility to provide comparable and accessible on-campus housing and food service at no additional charge to qualified students with disabilities. 11. has a responsibility to administer its financial assistance program without discrimination and in compliance with disability law. 12. has a responsibility to develop and implement an awareness program for faculty and staff regarding these Students with Disabilities policies and procedures. B. Rights and Responsibilities of Students with Disabilities A student with a disability has a right to an opportunity to participate in and benefit from programs offered at the University of Portland. Students with disabilities at the University of Portland: 1. have the right to an equal opportunity to learn. They have a right to reasonable accommodations in aspects of their educational experiences, such as location or delivery system, that limit access, participation, or ability to benefit. 2. have the same obligation as other students to meet and maintain the institution s academic standards.

3 3. have the right to an equal opportunity to participate in and benefit from the academic community. This includes access to services, benefits, co-curricular activities, housing, and transportation that, when viewed in their entirety, are comparable to those available to any student. 4. have the responsibility to demonstrate or document how their disabilities limit their ability to have access to or benefit from a particular delivery system, instructional method, or evaluation criteria when they request accommodations. The individual must provide documentation of disability from an appropriate professional or must cooperate in the obtaining of such documentation. Fees incurred in obtaining documentation are the student s responsibility. 5. have the right to confidentiality of all information and have the right to choose to whom information about their disabilities will be disclosed. 6. have the right to information regarding the availability of auxiliary aids and possible accommodations, as well as procedures for making requests for either, through the accommodation plan process. 7. have an obligation to release information concerning their disability, to the extent necessary for the provision of adequate accommodations. 8. have the responsibility to advocate for their own individual needs and to seek information, counsel, and assistance as necessary to be effective self-advocates. 9. have the responsibility to follow published procedures, and to do so in a timely fashion. 10. have the obligation to act in a responsible and courteous manner to service providers (e.g., note-takers or interpreters), faculty, and staff. 11. have the same rights and are subject to the same rules as students without a disability, as defined in Student s Rights and Responsibilities in the University Student Handbook. 12. have the right to grieve a decision or action by University representatives, as outlined in the grievance procedure. III. PROCEDURES A. Accommodation Plan Process The University shall provide each student with a disability with an individual Accommodation Plan developed cooperatively with the student. The procedures followed in developing such a plan are delineated below. 1. A student having a disability shall notify Accessible Education Services (AES) of his/her disability and concerns and shall request accommodations. Students are encouraged to do this as early as possible. 2. The student shall be responsible for providing documentation supporting the request. Such documentation must meet standards of the University and provide information sufficient to determine the need for appropriate accommodations.

4 3. The Accessible Education Services Program Manager shall evaluate the documentation and prepare a summary statement, the results of which shall be shared with the student. The AES Program Manager may consult with Health Center professional staff when needed. An evaluation summary shall be prepared and shall include, but not be limited to: The nature of the student s concern Documentation and/or assessment procedures Assessment results and identified needs Effects of the disability on a major life activity 4. When eligibility is confirmed, the Program Manager shall meet with the student to determine appropriate and effective classroom accommodations. The agreements and participants in this meeting shall be recorded in the Accommodation Plan. The Accommodation Plan shall then be forwarded to the Academic Dean or designee, and to other University staff and administrators for non-instructional accommodations, for final approval before implementation. 5. The University shall provide the student with a copy of the Accommodation Plan. 6. A student with a disability may also request that special housing needs related to his/her disability be addressed in his/her Accommodation Plan. 7. Additionally, a student with a disability may request that, as an accommodation, he or she be allowed to enroll for a reduced course load or to extend a program (i.e., taking extra semesters to complete a program), without penalty relative to financial aid, housing, or academic standing. 8. The University is not required to provide an accommodation that is primarily for personal use (e.g., wheelchairs, hearing aids, personal assistants, private tutoring). 9. For classroom accommodations, the content of the Accommodation Plan shall be communicated by the Academic Dean or designee to the student s instructors and academic advisor. This shall ordinarily be done at the beginning of each semester. It shall be the responsibility of the student to inform the Academic Dean of any change in his/her schedule of classes or academic program. For non-instructional accommodations, the Accommodation Plan shall be communicated to the appropriate parties by the Program Manager. 10. It shall be the responsibility of the student to request from the Program Manager a review of the Accommodation Plan, should he/she have a change in condition that results in a need for different accommodations. In the absence of a change in condition, it is recommended that the Accommodation Plan be reviewed at least every other year by the student and the Program Manager. Prior to the assignment of a student with a disability to a field placement, the student, the Program Manager, and appropriate participating parties should meet to review the Accommodation Plan. 11. The Program Manager, Accessible Education Services, will be responsible for the coordination of the acquisition of auxiliary aids such as interpreters, large print materials, note-takers, captioned materials, and for other arrangements as prescribed in the Accommodation Plan. The Program Manager will also make information available to students regarding these policies and procedures, along with additional information to aid students. The Program Manager will develop and maintain a disability services manual.

5 12. The University cannot be responsible for accommodations or auxiliary aids until there has been reasonable time to complete an Accommodation Plan and make necessary arrangements, where applicable. B. Grievance Procedure 1. Students who believe that a University representative is not providing the specified accommodations should contact the Program Manager, Accessible Education Services, as soon as possible. 2. A student s complaint of discrimination under the regulations of Section 504 or the ADA may be submitted to the Program Manager, Accessible Education Services. 3. The Program Manager, Accessible Education Services, shall act to resolve the student s complaint as quickly as possible. If the Program Manager is unable to resolve the complaint, or if the student wishes to appeal the action of the Program Manager, the complaint will be brought to the Director of the University Health Center. 4. The Director of the University Health Center shall attempt to resolve each grievance as quickly as possible. Steps in this process shall include interviews with the complainant and the appropriate faculty and staff, review of the facts, a determination of whether the complaint is valid, and the establishing of timely and appropriate corrective action where there has been discrimination. The Director s conclusions shall be conveyed to both parties. 5. If the Director is not able to make a determination as to whether or not the complaint is valid, or if the complainant wishes to appeal the decision of the Director, the grievance may be forwarded to the ADA Academic Liaison for resolution. 6. The ADA Academic Liaison is designated by the ADA Compliance Officer and shall make every effort to resolve a grievance at the tertiary level. His or her decision will be final. Note: Prior to, during, or after pursuing the grievance procedure, the student has a right to submit a complaint to the Office for Civil Rights. C. Outreach 1. The University shall make available information about its duty to provide academic accommodations and auxiliary aids and shall identify the office and person to contact for these services. The Program Manager, Accessible Education Services, shall be responsible for the coordination and management of the outreach process. 2. Outreach information will appear in the University Bulletin, Summer Bulletin, admission materials and Student Handbook. Full descriptions of program services will be published in pamphlet form and be available to current and prospective students. Information should be available in a variety of formats, including print, audio tape, and Braille.

6 3. Self-referral by students who consider themselves to have a disability will be invited by a notice placed in course syllabi and through other means. D. Confidentiality of Records Accessible Education Services shall be responsible for collecting and holding disability related information. Disability information shall be considered medical information and handled under the same rules as medical records. Under the supervision of the Director, University Health Center shall be responsible for maintaining the confidentiality of all student records thus collected and stored. In order to maintain the confidentiality of University Health Center medical records without impeding the rights of students and needs of staff, the following procedures shall be in effect: 1. Students with disabilities may review their own University Health Center record. Students shall have the right to an explanation or interpretation of information contained in the record. 2. Only staff of the University Health Center are authorized as having routine access to personally identifiable diagnostic, health, assessment, medical, educational, or psychological information. 3. Information regarding a student s disability shall be disclosed to parties outside the University Health Center staff only with the student s written consent. University faculty and staff will be informed on a need to know basis, in order that accommodations may be provided. Only that information necessary to the provision of accommodations will be disclosed. 4. Insofar as possible, University faculty and staff will protect the confidentiality of students with disabilities. Correspondence regarding the needs and/or accommodations of students with disabilities shall be treated as confidential, with appropriate safeguards taken in the case of electronic mail and computerized records. 5. If a student files a grievance regarding treatment by a member of the University faculty or staff, the administrator handling the grievance may have access to disability related information, to the extent necessary to the discharge of his/her duties. 6. As required by law when records are subpoenaed, information may be disclosed by a written waiver of confidentiality by the student, or by order of a judge. 7. All records shall be retained for seven years following the last date of attendance at the University.

7 STUDENTS WITH DISABILITIES POLICY AND PROCEDURES Appendix I Definitions Auxiliary aids includes materials (information in Braille, audio tapes, large print texts), devices (volume controlled phones, captioning) and persons (interpreters, note-takers, readers) and other aids for persons with impaired cognitive, sensory, motor, or speaking skills. Auxiliary aids are not limited to the examples given here. Accommodation includes, but is not limited to, the use of auxiliary aids in study, laboratory and classroom settings; allowances for factors of time and exertion such as reduced course load or an adjusted class schedule; additional time for taking exams; and alternative setting for exams. This term also includes modifications to the physical plant such as ramps, elevators, lifts, curb cuts, and adaptation of classroom, laboratory, housing and dining facilities, as appropriate under the circumstances. Disability means a physical or mental impairment which substantially limits one or more major life activities, such as walking, seeing, hearing, breathing, caring for oneself, working, and learning. This term does not include active alcoholism or current illegal drug use 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. Programs for students include, but are not limited to, all academic and professional certificate offerings. Programs also encompass coursework, laboratory work and research, practica, internships and training, counseling, financial aid, physical and cultural activities, athletics, recreation, transportation, student organizations, placement, housing and meal arrangements, and any other services offered by the University. Qualified student with a disability means a person with a disability who meets the academic standards for admission and participation in a University of Portland program, given appropriate accommodations. However, an individual who poses a direct threat to the health or safety of himself or herself or others will not be considered as qualified. Appendix II Position Descriptions Compliance Officer The Compliance Officer is the Executive Vice President and shall: be responsible for assuring that all policies, procedures and facilities of the University are in compliance with state and federal law relating to people with disabilities. establish a monitoring approach to assess compliance and take any necessary corrective action to assure compliance. be responsible for a self-study of the University relative to compliance with Section 504 and ADA.

8 ADA Academic Liaison The ADA Academic Liaison shall serve to resolve program complaints at the tertiary level of grievance. The Director of the University Health Center The Director of the University Health Center shall: be responsible for the supervision of the overall program for students with disabilities. be responsible for maintaining confidentiality of student records pertaining to disabilities and accommodations. be responsible for receiving and adjudicating complaints of discrimination under Section 504 and ADA at the secondary level. Program Manager, Accessible Education Services The Program Manager for Accessible Education Services shall: coordinate and manage the outreach process. develop and implement an awareness program for faculty and staff regarding the Students with Disabilities Policy and Procedures. be responsible for the provision and implementation of Accommodation Plans for all students with disabilities. participate in evaluation of documentation and formulation of Accommodation Plans, as appropriate. be responsible for the coordination of non-academic aids and services (e.g., interpreters, large print materials, captioning, and the like). develop accommodation procedures and guidelines, and make this information available to students in a disability services manual. serve to resolve grievances at the primary level. This document was updated and approved by the University Officers and Board of Regents, October 17, 2013.