Policies and Procedures
Affirmative Action Plan
2001 - Appendix 7
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PROCEDURE FOR
ACCOMMODATING INDIVIDUALS WITH DISABILITIES
Purpose
It is the policy of the University of Maine to provide reasonable
accommodation for qualified individuals with disabilities. Federal law
(the Rehabilitation Act of 1973 and the American with Disabilities Act
of 1990) and the state law (the Maine Human Rights Act) establish the
rights of individuals with disabilities. These laws provide that
recipients of federal funds, employers, and places of public
accommodation shall make reasonable accommodation to the known physical
or mental limitations of an otherwise qualified person with a
disability. Refusal to provide reasonable accommodation constitutes
illegal disability discrimination and creates legal liability for the
University. An accommodation is not reasonable, however, if it imposes
an undue hardship.
Campuses shall comply with all applicable federal and state laws and
regulations regarding reasonable accommodations needed to provide equal
opportunity to qualified individuals with disabilities. A qualified
individual with a disability is a person who, with or without reasonable
accommodation, can perform the essential functions of a job or meet
essential program or course requirements. The University is required to
make courses, programs, activities and services that are offered at any
on-campus or off-campus location accessible to qualified individuals
with disabilities unless to do so would create an undue burden or cause
a fundamental alteration of the program. The University is also required
not to discriminate in employment on the basis of disability unless
accommodation would impose an undue hardship on the University.
Reasonable accommodation shall be provided in a timely, cost-effective
manner. The essential functions of a job or essential requirements of an
academic course or program need not be modified to accommodate an
individual with a disability.
University faculty and staff bear a special responsibility for
responding to the needs of individuals with disabilities. The attitude
and responsiveness of faculty and staff with whom individuals with
disabilities interact often determine, even more than physical barriers,
the degree of access they feel they have to University programs,
services, and employment. The actions of faculty, staff, and supervisors
in responding to accommodation requests also raise legal implications
for the University.
The following procedure should be used in responding to requests for
accommodation of an individual with a disability.
Procedure
1. Each campus of the
University of Maine System has designated one or more staff who is
responsible for providing information and services and for monitoring
campus compliance related to individuals with disabilities. The last
page of this procedure lists the contacts at the University of Maine. A
supervisor, administrator, or faculty member should contact the
appropriate campus staff person when a request is received to
accommodate an individual with a disability if:
a. There are questions or
concerns about services, means of accommodating someone with a
disability, verification of a disability, or responsibility for
responding to the needs of a person with a disability; and/or
b. Accommodation would or might alter the essential functions of a job
or the essential requirements of an academic course or program.
2. Requests for
accommodation may be initiated by an individual who needs an
accommodation; a supervisor, faculty member, or other staff member in
whose area an accommodation is requested; or the Director of Equal
Opportunity and 504 /ADA Coordinator; Ann Smith,
Counselor/Coordinator of Services For Students With Disabilities; or
Mary Knowlton, Rehabilitation Specialist, Personnel Services.
For an employee or job applicant, a request can be made during the
search process or at any time after hiring. For a student or applicant
for admission, a request can be made during the application process or
at any time after admission.
Students and employees with disabilities are encouraged to speak
directly to faculty or their supervisor regarding accommodation needs
within classes or the workplace. Faculty and supervisors are encouraged
to consult with their department chair, director, or other appropriate
administrator and with the appropriate campus resource person for help
in exploring possible accommodation.
All requests should be documented and processed as expeditiously as
possible.
Note: Accommodations are the responsibility of the campus which has
administrative responsibility for the location, center, or site.
3. Once a qualified individual with a disability has requested an
accommodation and if not a readily apparent disability, provided
documentation from a qualified medical or other licensed professional,
the University will take steps to determine an appropriate
accommodation. The appropriate reasonable accommodation is best
determined through a flexible interactive process that involves both the
individual with a disability and the faculty member or supervisor to
whom the request is directed, and may include the designated campus
contact who can serve as a resource. Early consultation with the
designated campus contact is essential whenever questions of
documentation of a disability and compliance or funding for an
accommodation are involved. The interactive process to determine a
reasonable accommodation involves the following steps:
Step 1: Analyze the job,
course, or program involved to determine its purpose and essential
functions or requirements;
Step 2: Talk with the individual with a disability to identify the
precise job-related or education-related limitations imposed by the
person’s disability and how these limitations could be overcome with a
reasonable accommodation;
Step 3: Involve the individual with a disability in identifying a range
of potential accommodations and assessing the effectiveness each would
have in enabling the individual to perform the essential functions of
the position or to meet essential program or course requirements; and
Step 4: Considering the preference of the individual, select and
implement an effective accommodation that is most appropriate for the
individual and the University.
Final responsibility for
selection of the most appropriate accommodation rests with the
University.
An individual with a disability will be expected to meet job performance
standards or course or program standards whether or not an accommodation
is needed. However, an individual with a disability who can meet these
standards in a different way than is customary will be provided with a
reasonable accommodation to enable the individual to do so.
4. Faculty and supervisors may approve requested accommodations if cost
of the accommodation to the University is minimal and will be paid from
the
departmental budget, and if there is no effect on departmental or
University schedule of operations or the assignments of other employees
or students.
5. If a mutually acceptable accommodation cannot be found or if
requested accommodations involve more than a minimal cost or affect the
schedule of operations or the assignments of other individuals, faculty
and supervisors should consult with their supervisor and must contact
the designated campus staff person responsible for providing services,
managing the campus accommodations budget, and/or monitoring compliance
(see list on last page). No request should be denied prior to review by
the Director of Equal Opportunity.
6. The designated campus staff person will determine whether the
requested accommodation is reasonable based on relevant laws and
regulations. It may be necessary to request a statement from the
individual’s health care provider identifying the specific condition,
limitations or restrictions, and suggested accommodations. If additional
information is required, the individual with a disability will be
contacted for a release of medical information. The University reserves
the right to require a second medical opinion if additional information
is needed to evaluate the requested accommodation.
7. The individual with a disability will be notified about the response
to the request as promptly as possible. If the request is approved, the
accommodation will be provided as promptly as possible. If the decision
is that the request should be denied on the basis that accommodation
would impose an undue financial hardship on the campus, the request will
be forwarded by the Director of Equal Opportunity to the ADA Coordinator
in the System Office for review by the appropriate members of the System
ADA Committee before the individual is notified.
8. Departments that offer programs or events which are open to the
public are strongly encouraged to invite participants with disabilities
to request in advance any accommodations needed to allow them to
participate. Public events and programs include, for example, non-credit
courses, public lectures and cultural events, graduation, and athletic
competitions. Brochures, registration forms, press releases, and posters
announcing public programs and events should include a statement such
as: “Any person with a disability who needs accommodations for this
program should contact (name of person) to discuss their needs.”
Registration forms may state: “If you are a person with a disability and
will need any accommodations for the program, please check this box and
a representative of the sponsoring department will contact you to
discuss your accommodation needs.”
It might help make it easier for a student with a disability to approach
a class professor if a statement inviting persons with disabilities to
discuss accommodation needs is made on the first day of class and/or
incorporated into the syllabus for the course.
Each campus may establish and publicize a policy regarding how long in
advance of a public program or event requests for accommodation must be
made. The amount of lead time required must be reasonable and should be
no longer than needed to arrange the accommodation.
9. Anytime that a performance review raises concerns or that
non-reappointment or other adverse action involving an employee is being
considered, a review of the situation should be made to assess whether
the employee may have a disability that is affecting job performance. If
the supervisor has reason to believe that a disability may be involved,
the supervisor should ask the employee if an accommodation is needed. If
no disability exists or if it is not affecting job performance, the
University may proceed with the disciplinary or non-reappointment
process. If an employee’s disability is affecting the performance of
marginal functions of the job, a reasonable accommodation should be made
to enable the employee to perform these functions, or the functions
should be eliminated from the job. If a disability makes an employee
unable to perform essential functions of the job even after all possible
accommodations have been considered, the University must reassign the
employee to a vacant position if the employee is qualified for the job
and the job is available within a reasonable amount of time. If no job
is available for which the employee is qualified, the University may
proceed with the termination or non-reappointment process.
Definitions
Individual with a Disability
Any person who has a physical or mental impairment, has a record of
such impairment, or is regarded as having an impairment, which limits
one or more major life activities, such as self-care, performing manual
tasks, seeing, hearing, speaking, breathing, and working on a temporary
or permanent basis.
Physical or Mental Impairment
1. Any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, genitourinary; hemic
and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
The term “physical or mental impairment” includes, but is not limited
to, such diseases and conditions as orthopedic, visual, speech, and
hearing impairments, cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, and drug addition and alcoholism.
Qualified Individual with a Disability
An individual with a disability whose experience, education and/or
training enable the person, with or without reasonable accommodation, to
perform the essential functions of the job or fulfill the essential
requirements of an academic course or program.
Reasonable Accommodation
Any change in the work or educational environment or in the way things
are customarily done that enables an individual with a disability to
have equal employment or educational opportunities. This term may
include:
l. making existing
facilities and programs used by employees or students readily accessible
to and usable by individuals with disabilities; and
2. for employees: for example, job restructuring, part-time or modified
work schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, appropriate adjustment or
modification of training materials or policies, providing qualified
readers or interpreters;
3. for students: for example, relocating classes, developing alternate
testing procedures, providing educational auxiliary aids, readers, or
interpreters.
Undue Burden, Undue
Hardship (not identical but very similar terms)
An action that requires significant difficulty or expense or that would
fundamentally alter the nature or operation of a job or program.
Determining whether an accommodation is “reasonable” or would impose an
undue burden or undue hardship requires some subjective judgment.
Factors to be considered include:
-
the nature and cost of the
accommodation needed;
-
the overall financial
resources of the campus in providing reasonable accommodation; the
number of employees at the campus; the effect on expenses, resources, or
other operations of the accommodation;
-
the overall financial
resources of the University;
-
the number of employees of
the University; the number, type, and location of its facilities;
-
the impact of the
accommodation on campus operations, including the impact on the ability
of other employees to perform their duties and the impact on the
campus’s ability to conduct business.
Any Decisions regarding
undue burden and undue hardship requires consultation with the Director
of Equal Opportunity and a rationale in writing.
DISABILITY ACCOMMODATION RESOURCES
Please contact the office listed below for the University of Maine if
you receive a request to accommodate an individual with a disability and
if:
1. you have questions or
concerns about services for a person with a disability, means of
accommodating someone with a disability, and a verification of a
disability. (Note: The University has a right to medical documentation
of a disability. To protect privacy and assure appropriate expertise in
seeking and evaluating medical information, Mary Knowlton for employees
and Ann Smith for students are the designated personnel for dealing with
issues of documenting a disability.)
2. you believe that accommodation would or might alter the essential
functions of a job or the essential requirements of an academic course
or program; and/or
3. funding outside the departmental budget would be needed to pay for an
accommodation; and/or
4. you believe the request should be denied.*
Employee Needs
Mary Knowlton
Rehabilitation Specialist
Voice 581-2368; TDD 581-2362
Student Needs
Ann Smith
Counselor/Coordinator of Services for Students With Disabilities
Voice 581-2319; TDD 581-2311
Compliance Questions, Contingency Funding, Complaints
Evelyn Stern Silver
Director of Equal Opportunity
Voice and TDD 581-1226
*Denial of a request for accommodation requires consultation with the
Director of Equal Opportunity, Evelyn Stern Silver.
Job Applicants
Classified: Elizabeth Trefethen, Personnel Manager, 581-2362 (Voice and
TDD)
Faculty and Professional: Search Committee Chair or Director of Equal
Opportunity, 581-1226 (Voice and TDD)
Students: Immediate supervisor or Mary Skaggs, Coordinator of Student
Employment, 581-1349
