Disabilities & Reasonable Accommodations
Date of Current Revision: January, 2004
Primary Responsible Officer : Director of Human Resources
Secondary Responsible Officers : Director, Office of Equal Opportunity (for ADA),
Director, Office of Disability Services (for the Rehabilitation Act of 1973, Section 504)
- PURPOSE
This policy sets forth provisions for the University’s compliance with relevant legislation and policy and establishes the University’s intent that qualified persons with disabilities be provided with reasonable accommodation to ensure equal access and equal opportunities with regard to the university’s programs and services. This policy is intended to provide a method by which the university will process requests for accommodations - AUTHORITY
The Americans with Disabilities Act (42 U.S.C. § 12,101 et seq.) and Section 504 of the Rehabilitation Act (29 U.S.C. §791, et seq.) prohibit discrimination against a person with a disability in the offer or conditions of employment, and in the participation or furnishing of services. James Madison University is obliged to provide reasonable accommodations to enable qualified individuals with documented disabilities to perform a job, participate in a class, or participate in other university functions. - DEFINITIONS
Disability:
A documented physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
Major life activity:
A key function of life, such as seeing, hearing, walking, caring for oneself, working, learning, etc.
Individual with a disability:
One who, with or without reasonable accommodation, can perform the essential functions of a particular job or meet specific academic/program requirements for participation in a university sponsored program, service or activity.
Essential function:
A task/responsibility that is not marginal to the purpose of the job.
Employment practices:
Application procedures, hiring, advancement, discharge, compensation, job training, and all other terms and conditions of employment.
Reasonable accommodations:
An action that may be taken by the university to accommodate an individual with a documented disability, without imposing an undue hardship on the university.
Hardship:
An accommodation imposes an undue hardship on the university if it constitutes an undue financial and administrative burden on the university, or it requires a fundamental alteration in the nature of the program.
Disability Resources Committee:
A university-sponsored advisory group that offers informal advice and support to persons with disabilities, their supervisors, and the university community at large.
Documentation:
Those documents/reports that are required before any accommodation can be offered. Documentation consists of official written communication from a qualified professional (such as a Physician, Surgeon, Psychiatrist, Physical Therapist, etc.). This communication must be current and must describe the diagnosis and nature of the disability, the major life function(s) affected, and the prognosis of the disability. The professional may also make suggestions regarding the accommodations being requested. Specific guidelines for the documentation of a documented disability can be found at: http://www.jmu.edu/humanresources/ada/
Student:
Any full or part-time student currently enrolled in at least one for-credit course.
Staff:
A member of the classified staff is a full-time employee working in a job that is under one of the Commonwealth’s job role classifications.
Wage employee:
As defined by the Commonwealth, a wage employee is a part-time, temporary, or seasonal employee who is limited to working no more than 1500 hours in any 365-day period.
Faculty Member:
A member of the Instructional or Administrative & Professional Faculty.
Administrative & Professional Faculty:
Sometimes referred to as 'A&P Faculty', this is a faculty member whose primary responsibility is management or administration but is not teaching (as opposed to instructional faculty). In the past, A&P Faculty were sometimes referred to as 'T&R Administrators.' However, that terminology is no longer used commonly. - APPLICABILITY
This policy applies to all university students and employees. - POLICY
This policy prohibits discrimination on the basis of a documented disability. The university will not allow discrimination on the basis of a documented disability in the employment relationship, including job application procedures, hiring, advancement, discharge, compensation, job training, or other terms and conditions of employment. The university will not allow discrimination on the basis of a documented disability in the provision of services to students or other individuals. The university will provide reasonable accommodation to qualified individuals with documented disabilities to ensure equal access and equal opportunities with regard to the university’s programs and services. The university will not allow discrimination against individuals who are associated with persons with disabilities. It is a violation of this policy to retaliate or harass an individual who files charges or participates in proceedings under this policy.
- PROCEDURES
The Disability Resources Committee website provides a clear listing of the steps required to apply for reasonable accommodation for a documented disability. The website is located at: http://www.jmu.edu/humanresources/ada/
6.1 Determination
Final determination of accommodations rests with the university.
6.2 Confidentiality
- Information about an employee’s documented disability must be kept in a file separate from the personnel file in the academic unit office and/or the college office, and this file must be kept confidential to the extent allowed by law. Once Human Resources, Affirmative Action, the Office of Disability Services or a member of the Disability Resources Committee has been informed of a person’s documented disability, the person’s supervisor (if applicable) must be notified so that any accommodation request can be coordinated through the supervisor.
- Information about a student’s documented disability must be kept in a file separate from the educational records in the academic unit office and/or the college office, and this file must be kept confidential to the extent allowed by law.
- Information about specific requests for accommodation from others must be kept in a file in the Affirmative Action Office.
To serve as an advisory committee and resource for the JMU community, the University has established the Disability Resources Committee. This committee, which is comprised of representatives from the Office of Affirmative Action, Office of Disability Services, Academic Affairs, Human Resources as well as other qualified members of the staff or faculty, exists to provide support, information and advice to the University community to help maximize the opportunities and success of faculty, staff, students and others with documented disabilities as they relate to the University community. The Disability Resources Committee provides such services as:
- Creating and overseeing the University’s strategic plan for managing its service and support of persons with disabilities
- Providing advice to assist in the determination of reasonable accommodations
- Providing training for faculty and staff
- Advising supervisors on effective incorporation of persons with disabilities into the workplace
- Advising the University administration on disability-related policies and procedures.
Office of Affirmative Action - 568-6991
Office of Disability Services - 568-6705
Human Resources - 568-3825
6.4 Complaint Procedures
For procedures on filing a complaint of disability discrimination, please refer to Policy #1329 - Disability Discrimination Complaint Procedure.
- RESPONSIBILITIES
7.1 An employee is responsible for informing either his or her supervisor or the Human Resources Department (HR) of their need for accommodations. The employee is also responsible for providing appropriate documentation for the claimed disability, and for cooperating with the university in attempting to reach an agreement on a reasonable accommodation.
7.2 A student is responsible for informing the Office of Disability Services (ODS) of the need for accommodation. The student is also responsible for documenting the disability and for cooperating with the university in attempting to reach an agreement on a reasonable accommodation.
7.3 An Individual attending a university event or coming onto university-controlled property is responsible for informing the event sponsor or a responsible university representative of his or her need for accommodation. He or she is also responsible for documenting the disability and for cooperating with the university in attempting to reach an agreement on a reasonable accommodation.
7.4 The Office of Disability Services (ODS) is responsible for processing requests for accommodations from students. See the ODS for procedures and details at http://www.jmu.edu/disabilityser/index.shtml .
7.5 The Human Resources (HR) Department is responsible for processing requests for accommodation from classified staff and wage employees. See HR for procedures and details at http://www.jmu.edu/humanresources .
7.6 The Office of Affirmative Action is responsible for processing requests for accommodation from faculty members. See Affirmative Action for procedures and details at http://www.jmu.edu/affirmact .
7.7 The sponsor for a specific university activity is responsible for handling requests for accommodations from individuals participating in such activity, with assistance from ODS or the HR Department.
7.8 Any responsible university representative who receives a request for an accommodation should contact one of these offices for assistance.
7.9 Faculty members are responsible to provide reasonable accommodations to students who receive requests from students for accommodations should refer the student to the ODS.
7.10 Supervisors who receive accommodation requests from employees must consult with the HR Department or the office of Affirmative Action regarding the identification and provision of reasonable accommodations. Supervisors may also contact the Disability Resources Committee. In addition, both HR and Affirmative Action may seek the advice of the Disability Resources Committee when working with requests for accommodation.
7.11 Normally particular departments or divisions are responsible for the costs associated with making reasonable accommodation for employees and students. . - SANCTIONS
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. - EXCLUSIONS
Persons with documented disabilities are not required to perform non-essential functions of a job. - INTERPRETATION
The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.
Revision Draft: October 30, 2000
Approved: November 2001
This Revision: January, 2004
Approved
November 2001
By: Linwood H. Rose, President
Index of Terms
Americans with Disabilities Act
Disabilities
Americans with Disabilities Act Action Committee
Accommodations