03.003:  Americans with Disabilities Act Compliance

Status:	Approved on October 28, 2002	Signatures and dates on archival copy
Effective:	September 1, 2002
Initiated by:	William Y. Smith Executive Assistant to the President for Institutional Equity
Reviewed by:	Nancy Prichard Crist, Chair Policy and Procedure Review Committee
Endorsed by:	Gary North Vice President for Administration
Approved by:	Stephen Kopp Provost

Purpose

Ohio University recognizes the spirit and the letter of the Americans with Disabilities Act (ADA) of 1990. Therefore, in compliance with this federal law, no qualified individual with a disabilitv shall be discriminated against or excluded from: consideration for employment; participation in or the benefits of the services, programs or activities of Ohio University. This policy establishes a compliance procedure to implement and enforce the provisions of the ADA. The Office for Institutional Equity has the responsibility to monitor and coordinate all activity which comprises Ohio University's response to the ADA.

Policy

I.  Definition

An individual with a disability is defined as an individual who:

• has a physical or mental impairment that substantially limits one (1) or more major life activities;

• has a record of such impairment;

• is regarded as having such an impairment.

Examples of individuals who are covered under this definition include:

• individuals with permanent vision or hearing loss;

• individuals with mobility impairments;

• individuals with mental or psychological disorders including mental retardation;

• individuals with cosmetic disfigurements;

• individuals with serious contagious and non-contagious diseases such as AIDS, cancer, or epilepsy.

Generally, individuals who have temporary limitations are not considered disabled under the ADA.

II.  Coverage

Issues requiring accommodation and compliance by Ohio University are:

• All phases of the employment process including hiring, promotion, discipline, termination and retirement (Title I);

• Public services such as activities, residence halls, programs, conferences, workshops, theater, or transportation (Title II);

• Public accommodation including services, facilities, and dining halls (Title III);

• Telecommunications services and devices (Title IV); and

• Insurance coverage & non-retaliation guarantees (Title V).

Complaint Procedures

All employees and representatives working for Ohio University shall report any issue involving an individual who has identified themselves as disabled to the Office for Institutional Equity. It is important that all instances be reported even when the accommodations are made immediately because a significant part of showing compliance with the ADA involves establishing a record of reasonable accommodation. The ADA 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.

The following procedure will be used to insure compliance and to accommodate complaints from individuals who have identified themselves as disabled and requiring accommodation under the ADA:

I.  Notice

Employee, applicant, student or member of the public identifies themselves as disabled as defined by the ADA and requests an accommodation from an employee or representative of the university.

II.  Action

Employee or representative of Ohio University notifies the Office for Institutional Equity regarding the nature of the complaint and action taken, if any, to accommodate the individual. While every effort should be made to work with individuals requiring accommodation, employees and representatives of Ohio University shall not make commitments for accommodation that involve changes to policy or programs, or require funding, without first notifying the Office for Institutional Equity.

III.  Response

The Office for Institutional Equity, University Human Resources, and involved departments, after consulting with the individual complainant, seek a reasonable accommodation as a solution. Every effort will be made to balance the need for employees or representatives of the university to have information and the disabled individual's interest in not having information disclosed.

IV.  Flow Chart

The process of resolving questions of reasonable accommodation is diagrammed in the following flow chart. Motion along the dotted vertical and diagonal lines is downward.

             Agree that accommodation is required?
                  Yes                                  No
                   |                                   |
                   |                                   |
                   |                                   |
  Agree on proposed accommodation?                     |
          Yes                       No                 |
           |                        |                  |
           |                        |                  |
           |                        |                  |
           |         Complainant requests further review?
           |               No                         Yes
           |               |                           |
           |               |                           |
           |               |                           |
           |               |        the Vice President for
           |               |        Administration appoints a three
           |               |        person ad hoc committee to review 
           |               |        the proposed accommodation and
           |               |        make a recommendation
           |               |       /
           |               |      /
           |               |     /
           |               |    /
    Implement the accommodation 
        with a periodic review
        by Institutional Equity
        to ensure success

Reviewers

Proposed revisions of this policy should be reviewed by:

1. Policy and Procedure Review Committee

2. Assistant V.P. for Administration for Human Resources

Forms

There are no forms that are specific to this policy.

Dick Piccard and Kristina Schnelle revised this file (http://www.ohiou.edu/policy/03-003.html) on November 4, 2002.

Please E-mail any comments or suggestions to "polproc@www.ohiou.edu".