I. Introduction

Section 504 of the Rehabilitation Act of 1973 states that: “No otherwise qualified person with a disability in the United States … shall, solely by reason of … disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

 

The Catholic University of America supports the integration of all qualified individuals into the programs of the university and is committed to full compliance with all laws regarding equal opportunity for all students with a disability. At CUA, students, Disability Support Services (DSS), faculty, academic deans and department chairs, and the equal opportunity officer all play a joint role in ensuring equal access to campus facilities and programs.

 

II. Definitions

 

A.  An individual with a disability is someone with a physical or mental impairment that substantially limits one or more “major life activities.” Physical or mental impairments include, for example, specific learning disabilities, emotional or mental illness, blindness and visual impairments, deafness and hearing impairments, mobility impairments and some chronic illnesses.  A person is considered to be an individual with a disability and protected by the law if he/she has the disability, has a record of having the disability or (for certain purposes) is regarded as having the disability  An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

 

B.   Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.  A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

 

C.   A qualified student with a disability means an individual who, with reasonable modifications or “accommodations” (if necessary) to rules, policies or practices, the removal of barriers or the provision of auxiliary aids and services, meets the eligibility requirements for the receipt of services and the participation in programs or activities.

 

D.   Accommodation refers to an adjustment or modification in the academic environment that enables an individual to enjoy equal access to the university's programs, services or activities. An example of an accommodation would be one that allows a student to complete the same assignment or test as other students, but with a change in the timing, formatting, setting, scheduling, response and/or presentation.   The accommodation does not alter in any significant way what the test or assignment measures.

 

E.   Reasonable accommodation in the student setting is a modification or adjustment to a course, program, or activity or facility that allows the person with a disability to participate as fully as possible in the programs and activities offered by the university. Accommodation may be necessary where the student has, or has a record of having, a disability.

 

F.   Fundamental Alteration While the university makes every effort to provide reasonable accommodations, a university is not required to provide any aid or service or make any modification that would result in a fundamental alteration in the nature of the program. For example, where a course requirement is essential to the program of instruction taken by the student, the university is not required to waive the requirement.  In evaluating whether the requested program modifications would require substantial program alteration or would fundamentally alter academic standards or programs, the program administrator should consider the underlying academic reasons for the program components, the academic standards institutionalized in the program, how the challenged components are consistent with the program standards, and how the requested accommodations would be inconsistent with the academic goals and standards of the program.

 

G.   Essential Element In the academic context, an accommodation is not reasonable if it means making a substantial change in an essential element of a course or a given student’s curriculum. It is the institution’s responsibility to demonstrate both that the change requested is substantial and that the element targeted for change is essential to the conduct of the course or curriculum. Whether or not the change requested is substantial/essential may be based on pedagogical precepts and/or documented in the class syllabus.  It may be a judgment call made by administrators and service providers with knowledge of the class and the student’s disability.  Sometimes the question hinges not on the course of study but the manner in which a specific course is conducted.

 

H.   Substantially limits means a  material restriction of the duration, manner  or condition under which an individual can perform a major life activity exists when compared to the average person's ability to perform that same major life activity.  Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.  Evaluate whether the impairment substantially limits any of the major life activities of the person in question, not whether the impairment is substantially limiting in general.  The determination of whether an impairment substantially limits a major life activity shall be made without regard to effects of mitigating measures such as medication, medical supplies, hearing aids, etc.  For example a person with diabetes will still qualify as an individual with a disability, even though the individual  may have minimal impairment while on insulin. The one exception is eyeglasses or contact lenses. The effects of corrective lenses on one’s vision shall be considered in determining substantially limits. Thus, a person with good vision with corrective lens will not be considered disabled. 

 

I.   Direct Threat to Health or safety means a significant risk to health or safety that cannot be eliminated by modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.  In determining whether an individual poses a direct threat to health or safety, the university must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or the best available objective evidence, to ascertain: 

•     the nature, duration, and severity of the risk;
•     the probability that the potential injury will actually occur; and
•     whether reasonable modification of policies, practices, or procedures  will mitigate the risk.

J.       Undue Burden: A university need not make modifications or provide auxiliary aids or services if it constitutes an undue burden. In determining whether or not an undue burden exists, the factors to be considered are the nature and cost of the action needed in the context of the overall financial resources of the university.  

 

 

III. Overview

Under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, all qualified students with a disability (as defined under the law) are eligible for reasonable accommodations or modifications in the academic environment that enables the qualified individual to enjoy equal access to the university’s programs, services or activities. The university is not required to provide any aid or service that would result in a fundamental alteration to the nature of the program.

 

The Office of Disability Support Services provides disability consultation, advocacy and the coordination of support services and accommodations for all qualified students with  disabilities. Services and accommodations are determined individually based on disability documentation.

 

CUA is committed to promoting the full participation of all qualified students with disabilities in all aspects of campus life. Students with disabilities are required to meet the same academic standards as other students at the university. It is only through a student’s voluntary disclosure of their disability and request for accommodations that CUA can support disability needs. Students who have a disability and wish to make a request for disability related accommodations or services must do so through Disability Support Services (DSS).  Each student must submit their documentation along with an intake form to DSS in order to apply for services.    Students are encouraged to register with DSS prior to arrival on campus for the upcoming semester.  Once eligibility is determined, appropriate accommodations, based on the submitted documentation are put in place.  Accommodations are determined on a case-by-case basis.

 

Disability Support Services works with various campus offices to ensure compliance with this policy and with federal law and regulations. To this end, DSS works closely with the Equal Opportunity Office, the General Counsel’s Office, the Dean of Students Office, Facilities Services and the various Academic Deans and Department Chairs.

 

IV. Confidentiality

The University recognizes that student disability records contain confidential information and are to be treated as such.  Therefore, documentation of a student’s disability is maintained in a confidential file in DSS and is considered part of the student’s education record.  Information related to a disability may be disclosed only with the permission of the student or as permitted by the university’s student records policy and federal law.  At the same time, however, a students' right to privacy must still be balanced against the university's need to know the information in order to provide requested and recommended services and accommodations.  Therefore, in the interest of serving the needs of the student, the provision of services may involve DSS staff disclosing disability information provided by the student to appropriate university personnel participating in the accommodation process. Information may be disclosed to appropriate parties in a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. This is limited to a specific situation that presents imminent danger to a student, other students, or other members of the school community. Any release must be narrowly tailored considering the immediacy, magnitude, and specificity of information concerning the emergency. The amount of information that may be released is determined on a case-by-case basis.

 

V. Documentation Requirements

Students requesting accommodations are required to submit documentation to verify eligibility under the ADA of 1990 and Section 504 of the Federal Rehabilitation Act of 1973. Appropriate medical documentation of the disability must be provided so that Disability Support Services can: 1) determine the student’s eligibility for accommodation; and 2) if the student is eligible, determine appropriate academic accommodations.

 

Disability documentation must include a written evaluation from a physician, psychologist or other qualified specialist that establishes the nature and extent of the disability and includes the basis for the diagnosis and the dates of testing. The documentation must establish the current need for an accommodation.

 

The type of documentation will vary according to the disability; for example, a psycho-educational or neuropsychological assessment that includes cognitive and achievement testing for learning or other cognitive disabilities and attention deficit disorder; a psychiatrist’s report for psychological disabilities; a letter from a doctor or other specialist for physical and most other disabilities etc.  More specific information on documentation requirements can be obtained by going to the DSS website at http://disabilityservices.cua.edu/.

 

Documentation may need to be updated or augmented in order to be reviewed more fully. Students who submit documentation that does not meet the guidelines will be required to send an updated evaluation before being considered for services.

 

VI. Determining Eligibility

Accommodations are determined on a case-by-case basis, taking into account the needs of the student, the course standards and essential requirements, and the educational environment.  At CUA, the determination of an appropriate and reasonable accommodation is based on approved documentation and through interaction with the student. Specifically, accommodations are determined by DSS in consultation with the student and with input from the faculty and staff, as needed.    

 

In reviewing the specific accommodation requested by the student or recommended by the physician/evaluator, Disability Support Services may find that while a recommendation is clinically supported, it is not the most appropriate accommodation given the requirements of a particular student’s academic program. In addition, Disability Support Services may also propose clinically supported accommodations that would be appropriate and useful for the student, but which neither the student nor the evaluator have requested.

 

Disability Support Services reserves the right to determine eligibility for services based on the quality of the submitted documentation. If the student’s participation in programs or services imposes a direct threat to the safety of students or others, then the university may deny participation in the program.

 

VII. Registering for Services

Students with disabilities who wish to receive accommodations or services must officially register with DSS. To register, the student must submit their documentation and a completed intake form to DSS.  Once those pieces of information are received, the student will be notified as to the status of their file.  Once complete, the student may contact DSS to schedule an intake appointment to officially register for services.  During the intake appointment all accommodations, services and procedures will be discussed.  At this meeting, the student will be informed that accommodations must be requested every semester in order to receive services and be actively registered that semester.

 

VIII. Accommodation Requests

Each semester, the student submits the required Accommodation Request form with a copy of their schedule in order to formally request services and accommodations. Requests for services or accommodation should be made as early as possible to allow time to review requests and documentation and make proper arrangements. Accommodation arrangements may be compromised or denied if a request is not made in a timely manner.  A disclosure of disability or request for an accommodation made to a faculty or staff member, other than the staff of DSS, will not be treated as a request for an accommodation.

 

IX. Denial of Accommodations

The university reserves the right to deny services or accommodations in the event that documentation does not comply with its published guidelines for service eligibility or documentation is out-of-date or incomplete.

 

If the documentation provided by a student does not support the existence of a disability or the need for an accommodation, the student will be so advised. Students will be given the opportunity to supplement the initial documentation with further information from a physician, psychologist or other specialist.

 

The university is not required to provide an accommodation that compromises the essential requirements of a course or program, imposes an undue financial burden based on the university’s overall institutional budget or that poses a direct threat to the health or safety of the student or others.

 

X. Student Appeal

A student who disagrees with a DSS determination of eligibility or accommodation is encouraged to meet with the director of DSS to resolve the matter informally.

 

Students who believe that the university has discriminated against them on the basis of disability are referred to The CUA Equal Opportunity Discrimination Complaint Policy.  The procedures referenced in the Discrimination Compliant Policy may also be invoked by a student who disputes the determination by DSS regarding the existence of a disability or denial of an accommodation