Gallaudet Univeristy
Administration & Operations Manual

1.10 Reasonable Accommodation

Last Revised: 10 May 2007
Refer Questions To: Director, Equal Opportunity Programs

Scope

This policy applies to faculty, teachers, staff, students, and guests in all offices and divisions of Gallaudet University.

Policy

In compliance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and other non-discrimination laws and regulations, Gallaudet University will not discriminate against an otherwise qualified person with a disability in any aspect of employment or deny access to any person with a disability in its programs, services, or public facilities. Furthermore, as the only institution of higher education in the world designed specifically to educate and serve deaf and hard of hearing persons, Gallaudet University is a leader in communication accessibility and promotes direct visual communication among all members of the campus community.

Gallaudet will, upon disclosure, attempt to make reasonable accommodations for disabled per-sons if needed. Employees with a covered disability should request an accommodation from their unit administrator. Students should confer with the Office for Students With Disabilities. Employees and students may be asked to provide documentation to support their request. The University is not required to provide an accommodation that imposes an undue hardship, fundamentally alters the nature of the program, service, or activity, or poses a threat to the health or safety of employees, students, or others.

Any individual who believes he/she is unfairly or unlawfully denied a reasonable accommodation can meet informally with the Director of Equal Opportunity Programs. Formal grievance procedures are also available. No reprisal or retaliation of any kind will be taken against any individual who has, in good faith, reported instances of or filed a complaint regarding discrimination or has participated in procedures to redress complaints of discrimination. Gallaudet University is committed to taking appropriate action against those who violate its policy of non-discrimination.

Approved by: Gallaudet University Administration

Procedures

Roles and Responsibilities

  1. The Office for Students With Disabilities (OSWD)
    The Office for Students With Disabilities provides individually tailored, comprehensive support services and programs for students with disabilities. Students should contact the Office for Students with Disabilities to learn how to request services and what forms are used.
  2. The Director of Equal Opportunity Programs (EOP)
    The Director of EOP is responsible for assuring that the intent and spirit of non-discrimination laws and regulations and affirmative action are followed at Gallaudet University. The EOP Director also serves as the ADA compliance officer, and, in this role, helps facilitate reasonable accommodations and administers complaint procedures.
  3. Unit Administrators
    Unit administrators are responsible for cooperating with the EOP Director, Human Resources Services, and the Office for Students with Disabilities to provide for the effective and timely implementation of this policy.

Documentation
In the context of assessing an accommodation request, medical documentation or a psycho-educational evaluation is required. Medical documentation is used to determine if the employee or student legally meets the definition of disabled and to identify an effective accommodation.

For the purpose of determining a reasonable and effective accommodation, documentation must be received from an appropriately qualified diagnostician on letterhead with an original signature. It must identify the type of disability, explain the limitation on any major life activities, describe the current level of functioning in an academic or employment setting, and list recommended accommodations.

Documentation for students should be submitted to the Office for Students With Disabilities. Documentation for faculty, teachers, and staff may be submitted to the unit administrator, senior administrator, or EOP Director. This information will be kept confidential and shared only if necessary to enable the accommodation

If the documentation provided does not support the existence of a disability or the need for an accommodation, the employee or student may be asked to provide additional information.

  1. Complaint Procedures
    Gallaudet University has implemented an internal procedure which provides for the prompt and equitable resolution of complaints alleging any action prohibited by the ADA, Section 504, or any other law or regulation pertaining to accommodations for disabled persons. Complaints should be submitted to: EOP Director, Gallaudet University, 800 Florida Avenue, NE, Room 312, Washington, D.C. 20002, phone: (202) 651-5076.
  2. Informal Resolution
    Often problems can be addressed within the unit where the alleged violation occurred. Alternatively, or subsequently if the situation is not resolved, students and employees may contact the Director of EOP to schedule an appointment for the purpose of discussing the alleged violation. Unless there are extenuating circumstances, the Director should be contacted within 10 calendar days of the alleged discrimination or failure to accommodate. In the informal process, the Director will contact those involved and see if a prompt resolution can be reached that is acceptable to both parties. If the informal process does not resolve the compliant to the satisfaction of the complainant, a written formal complaint may be submitted to the EOP Director.
  3. Formal Resolution
    1. Initial Procedures

      An individual alleging that Gallaudet University has not complied with the ADA, Section 504, or any other law or regulation regarding disabled persons, may submit a written complaint to the Director of EOP within 90 calendar days from the date of the alleged discrimination. The written complaint must contain at least the following information:

      • An explanation of why the complaint is being filed, including locations, persons involved, a description of the problem, and relevant dates.
      • Any available documentation, including names and telephone number of individuals with specific knowledge of the problem.
      • The remedy requested.
      • The name, address, telephone number, and signature of the individual filing the complaint.
    2. Review by the Director of EOP

      The Director of EOP will review the complaint to determine if it falls within the provisions of the law. If it does, an investigation will take place. If it does not, the Director will inform the complainant in writing and explain why it does not meet the provisions within 60 days of the initial request.

    3. Complaint Investigation

      The Director of EOP, or his/her designee, will conduct the investigation. Procedures may include, but are not limited to:

      • Notifying the appropriate senior administrator of the investigation.
      • Meeting with the complainant to clarify statements and requests made in the complaint and to obtain necessary supporting information.
      • Meeting with material persons who may have relevant information.
      • Reviewing relevant files and records.
      • Comparing the treatment of the complainant to that of others similarly situated.
      • Reviewing applicable laws and regulations and University policies, procedures, and practices.
    4. Results of Investigation

      Unless there are extenuating circumstances, the results of the investigation should be completed in writing within 30 calendar days of the date the complaint was filed. If the EOP Director finds that the allegations are not substantiated, the report will state this conclusion and a copy will be given to the senior administrator and complainant. If the EOP Director finds that the allegation has validity, the report, including findings and recommendations, will be submitted to the appropriate senior administrator for review. A copy will be given to the complainant. The senior administrator may accept, disagree with, or modify the findings and recommendations. Unless there are extenuating circumstances, the senior administrator's decision will be communicated in writing to the complainant and EOP Director within 10 calendar days from receipt of the report.

    5. Appeal of the Results

      If the complainant wishes to contest the results of the investigation and/or the senior administrator's decision, he/she may submit a written appeal to the administrative officer within 10 calendar days of receipt of the senior administrator's decision. The administrative officer will review the materials and may meet with the complainant and conduct further investigation. Unless there are extenuating circumstances, the decision of the administrative officer will be communicated to the complainant within 10 calendar days. The decision of the administrative officer is final and binding.

    6. Confidentiality

      All those involved in the complaint procedure are expected to maintain confidentiality and to disclose information only to those persons necessary to the filing, investigation and disposition of the complaint.

    7. Good Faith Requirement

      It is a violation of this policy for an individual to file a complaint without justification or in bad faith. Violators will be subject to disciplinary action.