SOUTHERN
METHODIST UNIVERSITY
POLICIES AND PROCEDURES
EEO/INSTITUTIONAL
ACCESS AND EQUITY
POLICY NUMBER: 2.4
REVISED AS OF: August 4, 2011
NEEDS
OF PERSONS WITH DISABILITIES
A. It
is the policy of the University to encourage qualified persons with
disabilities to participate in University activities, programs, services and as
applicants for admission or employment. The University will not discriminate or
deny access or participation in its activities, programs, services, admissions
or employment on the basis of an individual's disability, on the need to
provide reasonable accommodation for a disabled person, on a perception of
disability, or because an individual is affiliated with a disabled person.
B. A person with
a disability is one who has a physical or mental impairment that substantially
limits a "major life activity," has a record of such an impairment,
or is regarded as having such an impairment.
With respect to employment, a qualified person with a disability is one
who, "with or without reasonable accommodation, can perform the essential
functions of the 'job' in question." A qualified student or applicant with
a disability is one who, with or without reasonable accommodation, meets the
academic standards requisite to admission to the University's educational
program.
C. This policy
shall guide facility design, modification, and location of classes and events,
whether permanent or temporary, to assure accessibility and accommodation in
integrated settings appropriate to the needs of disabled persons. Where
structural design may prevent accessibility, alternative methods or relocation
may be employed to secure a more appropriate accessible and integrated site.
D. A qualified
individual with a disability is one who does not pose a “direct threat” which
is defined as a significant risk of substantial harm to the health and safety
of himself/herself or others that cannot be eliminated or reduced by a
reasonable accommodation.
E. The
University shall endeavor to provide special teaching aids, services and
integrated reasonable accommodations to assure that qualified disabled persons
are not deprived of opportunity or access to participate in classes, activities,
programs, services and employment.
F. In
accordance with applicable laws, the University shall provide reasonable
accommodations to an otherwise qualified individual with a disability, unless
such accommodation imposes an undue hardship on the institution. An undue hardship is an action that requires
significant difficulty or expense or fundamentally alters the nature of a
service or program. A reasonable
accommodation is a modification or adjustment to the work or academic
environment that enables a qualified individual with a disability to enjoy
equal employment and academic opportunities. Examples of reasonable accommodations may
include making existing facilities accessible, job restructuring, modified work
schedules, reassignment to a vacant position, acquisition or modification of
equipment, and the provision of qualified readers and interpreters. During the accommodation process, the
preference of the individual with a disability will be considered, but the
University reserves the right to make the final selection of the accommodation
that best serves the needs of the individual and the University. All determinations of reasonable
accommodation will be made on a case-by-case basis.
G. Any work
alterations made outside of the procedures outlined in this policy will not be
considered reasonable accommodations under applicable laws. Temporary, non-chronic impairments of short duration with little or no residual effects (such as the common cold, seasonal
or common influenza, a sprained joint, minor or non-chronic gastrointestinal
disorders, or a broken bone that is expected to heal completely) usually will
not substantially limit a major life activity and be considered a disability.
PROGRAM RESPONSIBILITY
A. The President
has overall responsibility for development and implementation of appropriate
plans and programs relevant to this policy. The Office of Institutional Access
and Equity shall serve as the coordinator to assist in the development and
implementation of University policy and programs regarding the needs of persons
with disabilities.
B. The Provost
and Vice Presidents are responsible for development and implementation of plans
and programs in their areas of responsibility and for monitoring compliance.
C. Deans,
directors and managers are responsible for development, implementation, and/or
monitoring of plans and programs in their areas. These include, but are not
limited to, Personnel, Institutional Access and Equity, Admissions, Student
Life, academic departments and other academic units.
D. The Office of
Institutional Access and Equity should be consulted as needed during the
accommodation process to ensure compliance with this policy. The Director of Institutional Access and
Equity has been designated as the University’s ADA/504 Coordinator and is
available to the University community for guidance and counseling.
E. Departments
are responsible for funding and coordinating reasonable accommodations for
persons with disabilities in their areas.
PROCEDURES
FOR REQUESTING REASONABLE ACCOMMODATIONS
A.
Employees
(Faculty and Staff)
Employees
initiate the reasonable accommodation process by submitting an Employee
Reasonable Accommodation Request Form and an Employee Documentation of
Disability Form to the ADA/504 Coordinator in the Office of Institutional
Access and Equity. The Documentation of
Disability Form must be completed by an appropriate and qualified health care
professional and be submitted before accommodations can be considered. Once the ADA/504 Coordinator establishes that
the employee is a qualified individual with a disability, he/she will engage in
an interactive process with the employee and his/her supervisor to identify and
discuss potential reasonable accommodations that will enable the individual to
perform the essential functions of the position or to enjoy equal benefits and
privileges of employment.
In
compliance with applicable laws and regulations, medical documents relating to
a request for a reasonable accommodation will be treated as confidential and
will not be included in the employee’s personnel file. Such records will only be shared with
University employees on a need-to-know basis in order to implement the
accommodation or with others as required by law.
B. Applicants for Employment
Applicants
for employment should contact the Department of Human Resources to request
reasonable accommodations during the hiring process.
C. Students
Students
should contact the Office of Services for Students with Disabilities to request
reasonable accommodations. To receive
academic accommodations, students must register with the Office and submit
appropriate medical documentation.
D. Visitors
Departments
are responsible for providing reasonable accommodations for visitors with
disabilities. Visitors to the University
who require an accommodation should contact the department sponsoring the
program or service that brings the visitor to campus.
COMPLAINTS
Violations
of this policy or complaints of discrimination on the basis of a disability can
be filed with the Office of Institutional Access and Equity. Complaints will be resolved in accordance
with the procedures outlined in the University Grievance Policy and Procedure,
Policy 2.8.