ADMINISTRATIVE RULE NO: 1015-02

RELATED TO POLICY SERIES NO: 1015

TITLE: REQUESTS FOR DISABILITY RELATED ACCOMMODATION

PURPOSE

To advance the college’s strategic goal of equity, to honor the college’s value of inclusion, and to comply with the requirements of state and federal law related to reasonable accommodation and access to education and educational materials for persons with disabilities. 

STATEMENT
The right to request disability related reasonable accommodation is afforded to all employees and students by the Americans with Disabilities Act (ADA) and related laws.  Failure to grant a reasonable accommodation to a qualified employee or student could potentially constitute a form of unlawful discrimination.  The college has the right to employ the least expensive/invasive accommodation that allows the student/employee to fully perform/participate.  As such, this Administrative Rule is associated with Board Policy 1015 - Nondiscrimination and Non-harassment.  In addition, under re-authorization of the ADA and additional technology standards, educational institutions must design accessible materials and services and purchase accessible materials, software programs and videos, including textbooks available in accessible formats, accessible websites, accessible software and learning platforms, and accessible literature, handouts and publications.  LBCC commits to making materials accessible from the point of design or purchase.

PROCESS - STUDENTS

Requests for accommodation are routinely resolved by the Manager of the Center for Accessibility Resources (CFAR) or designee.

Formal Request

  1. Requests are processed in the following manner:  CFAR shall publish to the LBCC website clear directions, forms or links for initiating and using accommodations.  Student shall follow the published CFAR process and participate in the confidential interactive planning process, providing evidence of disability as  necessary.  
  2. If the request for accommodations cannot be resolved through the interactive process, the student may proceed to the informal or formal resolution process for reconsideration.  

Resolution Process

  1. The student shall make the CFAR Manager aware in writing that the student believes there is a denial of reasonable accommodations, clearly stating:
    1. What disability impact/need is unmet and why, and
    2. One or more accommodations that would adequately meet the student's need.
    3. The CFAR Manager shall have seven (7) days to resolve the request after notice of denial.
  2. After those seven (7) days, the student may present the same written request or expanded request to the Dean of Students.  It may be resolved at this level, or the student and Dean may agree that the request should be presented to the Disability, ADA, and Equity Compliance Committee for review.  
    1. When the request is forwarded to the ADA Committee, it will be forwarded by the Dean of Students in writing with a copy to each committee member.  If the request is to appeal an adverse decision of a prior step, the student may write a supplemental statement.  
    2. The student will receive written notification of the ADA Committee's decision and/or recommendations. 

PROCESS - EMPLOYEES

Informal Request

If an employee requires a workplace adjustment or accommodation that draws on resources and /or decisions within  the supervisor's control, an informal request may expedite a solution.  

  1. The employee may choose to make an oral or written request directly to his/her immediate supervisor for consideration.
  2. The supervisor will meet or communicate with the employee and discuss accommodations as appropriate. 
  3. The supervisor will respond to the request and may seek guidance from CFAR Manager.
  4. If the employee's needs are met, the matter is resolved.  If the supervisor and the employee are unable to agree to a plan, the employee is directed to the Formal Process below. 
  5. Supervisor will notify the CFAR Manager when informal requests are agreed upon and implemented.  

Internal Formal Request/Appeal Process

CFAR shall publish to the LBCC website clear directions, forms and/or links to a database for initiating and using accommodations.  The employee making a formal request shall follow the published CFAR process and participate in the confidential interactive planning process, providing documentation as necessary per statutory allowances.  

  1. Employee will complete an accommodation request form and direct it to the CFAR Manager, where the interactive process of accommodation planning begins.  If an employee's need is ergonomic only, the employee may complete the request for an ergonomic assessment, which will be carried out timely.  
  2. If the request cannot be resolved through the interactive process between employee and CFAR, the employee may proceed to one of two resolution processes.  
    1. Request reconsideration by the direct Supervisor of the CFAR Manager or the ADA & Equity Compliance Committee.
    2. The Supervisor/Committee may gather information from both the employee and CFAR prior to recommendations.  The employee will receive written notification of the recommendations for resolution.  
  3. Within thirty (30) college business days, employees may appeal a denial of a reasonable accommodation by using the online formal complaint process system.  The appeal would be heard by the Director of Human Resources or designee.  The employee will be notified of the Director's decision in writing within thirty (30) college business days.  If the Director requests additional medical documentation as part of the appeal process, timelines may be adjusted accordingly.  The Director's determination shall be final.  

DATE OF ADOPTION: 07/09/96
DATE(S) OF REVISION(S): 10/04/12, 06/04/15; 05/02/19
DATE OF LAST REVIEW: 12/15/09, 10/04/12, 06/04/15; 05/02/19