Disability Services Policy
Students with Disabilities
Personal Care Attendant Procedure
Personal Care Attendant Agreement and ID Request Form
A. Background
Furman University desires to make
its programs and facilities accessible to all students, employees,
spectators, participants, and visitors. To aid in ensuring accessibility
and compliance with the law, a task force on students with disabilities
was established in 1998 to review and update the existing policy on
accessibility and to make recommendations for implementation guidelines.
B. Policy
In compliance with the Americans with
Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act
of 1973, Furman University will not discriminate against any person on
the basis of a disability. Furthermore Furman University is committed to
providing equal access to university programs and facilities to all
qualified students regardless of disability, as well as providing equal
opportunity for all employees and applicants for employment regardless
of disability. The guidelines relating to employees and applicants are
found in File 832.1.
C. Guidelines
1.The legal definition of a person with a disability is a person who:
a. has a physical or mental impairment that
substantially limits one or more major life activities, such as walking,
seeing, hearing, speaking, breathing, learning, working, or caring for
ones self; or
b. has a record of a substantially limiting impairment; or
c. is regarded as having such an impairment.
Physical or mental impairments may include, but are not limited to,
mobility/orthopedic impairments, visual impairments, hearing
impairments, speech impairments, specific learning disabilities,
attention deficit hyperactivity disorder, psychological disabilities,
neurological impairments, traumatic brain injury, or chronic medical
conditions such as cancer, diabetes, or AIDS.
2. Generally, if a student with a disability desires
an accommodation, it is the student?s responsibility to identify
himself or herself as having a disability and to make a formal request
for appropriate accommodations with the university?s Disability Services
Coordinator. Since the process of providing accommodation involves
assessing the student?s needs, determining a reasonable accommodation,
and coordinating implementation of the accommodation, accommodation
requests must be submitted in a timely manner. Suggested timeframes are
described in the procedural guide available from the Disability Services
Coordinator.
3. The Disability Services Coordinator will submit
the student?s documentation to a university-designated professional with
appropriate expertise who will determine whether it provides all
required information and whether it supports the student?s request for
accommodation under ADA. If this review indicates that the students has a
disability and an accommodation is appropriate under ADA, then the
designated professional will determine the nature of the accommodations
that would provide equal access to the academic program and
university-administered activities. Recommendations for accommodation in
the student?s documentation will be considered, but the designated
professional is not obligated to include any or all of these
recommendations in the list of accommodations that the university will
provide.
When requests involve academic accommodations within a course or
within a students? degree program, the designated professional will
determine the nature of the accommodation that would be appropriate for
providing equal access, and faculty will determine on behalf of the
university whether or not the proposed academic accommodations would
constitute a substantial alteration to essential element of the
educational program (see C3a, C3b, and C3c below). Students who feel
they have a right to an accommodation and this has not been granted from
the university-designated professional should notify the Disability
Services Coordinator as soon as possible (see 7 ? Grievance Process).
a. When it is determined that an accommodation is
appropriate, the Disability Services Coordinator will contact the
professor of the course to confirm the proposed accommodation. If the
proposed accommodation involves an adjustment to a requirement within a
course, the professor of the course will indicate whether the proposed
accommodation would substantially alter an essential element of the
curriculum. If it does not, the Disability Services Coordinator will
notify the student that the accommodation may be activated by taking the
professor a notification letter and working with the professor to
finalize the arrangements for implementation. If a proposed
accommodation is considered by the faculty member or members teaching
the course to be a substantial alteration of an essential element of the
curriculum, appropriate professionals and faculty members will confer
in order to clarify what accommodations might be offered that are
considered reasonable and appropriate. A student who requests an
accommodation that is denied because it would substantially alter an
essential element of the curriculum may appeal that decision in writing
to the Faculty Appeals Committee. (See File 190.3) The student may
appeal the decision of the Appeals Committee to the Vice President for
Academic Affairs and Dean.
b. If the proposed accommodation involves an
adjustment to a requirement of the student?s major, the chairs of the
major departments will indicate whether the proposed accommodation would
substantially alter an essential element of the curriculum. If it does
not, the Disability Services Coordinator will notify the student that
the accommodation may be activated by taking the chairs a notification
letter and working with the chairs to finalize the arrangements for
implementation. If a proposed accommodation is considered by the
department chairs to be a substantial alteration of an essential element
of the curriculum, appropriate professionals and faculty members,
including the department chairs, will confer in order to clarify what
accommodation might be offered that are considered reasonable and
appropriate. A student who requests an accommodation that is denied
because it would substantially alter an essential element of the
curriculum may appeal that decision in writing to the Faculty Appeals
Committee. The student may appeal the decision of the Appeals Committee
to the Vice President fro Academic Affairs and Dean.
c. If the proposed accommodation involves an
adjustment to a graduation requirement outside the student?s major, the
student must submit a written appeal directly to the Faculty Appeals
Committee. After considering the students statement and information
provided by the appropriate designated professionals, the Appeals
Committee will allow the adjustment if it does not, in its judgment,
substantially alter an essential element for the curriculum for that
student. The student may appeal the decision of the Appeals Committee to
the Vice President for Academic Affairs and Dean.
When a granted accommodation involves a student?s taking a reduced
course load, the university still classifies the student as full time
for the purposes of residence, university insurance coverage,
participation in extra curricular activities and intercollegiate
athletics, academic honors such as Dean?s List designation, and
scholarship/financial aid as allowed by federal and state guidelines.
Students taking a reduced course load as part of an ADA accommodation
are eligible for an exception to the comprehensive tuition fee so that
they may be charged on a per-course basis. To make these arrangements,
students should contact the office of the Associate Academic Dean prior
to the beginning of the term in question.
All accommodation provided by the university are individualized and
flexible, based on the nature of the disability and the nature of the
campus?s academic and physical environment.
4. The Disability Services Coordinator is committed
to ensuring that all information regarding the student?s disability and
accommodation remains confidential as required or permitted by law.
Any information regarding a disability gained from medical or
psychological evaluations shall be considered confidential as required
or permitted by law. The Disability Services Coordinator may discuss the
disability with faculty, staff, parents, advisors, and/or coaches if
the student signs a written consent form giving permission to do so.
Information about the disability will be released only with consent and
will be shared with others in the institution on a need-to-know basis
only.
A student who chooses to activate any or all of the accommodations
provided by the university will present a letter from the Disability
Services Coordinator to appropriate faculty or staff, who will then
implement the accommodations with the support of the office of the
Disabilities Services Coordinator. A faculty or staff member who has any
question or concern regarding the appropriateness of the accommodations
cited by the Disability Services Coordinator will express it to the
Disability Services Coordinator rather than to the student.
5. Students who are dissatisfied with the
determination or implementation of the accommodations provided by the
university may utilize the grievance process describe in C7. When the
accommodation in question involves an adjustment to an academic
requirement, see Guideline C3 (a) through (c), paragraph 4, for the
procedure to follow.
6. Any questions concerning accommodations for
student with disabilities from enrolled or prospective students or their
parents, or from university faculty or staff, should be directed to the
Disability Services Coordinator.
The Disability Services Coordinator maintains a detailed procedural
guide that includes the step-by-step process students should follow
(including timing of request) and criteria for documentation of
disability.
7. Grievance Process
Students who feel they have
been discriminated against due to their disability, or students, faculty
or staff who are dissatisfied with the determination or implementation
of the accommodations should notify the Disability Services Coordinator
as soon as possible. When the accommodation in question involves an
adjustment to an academic requirement, see Guideline C.3 (a) through
(c), paragraph 4 for the procedure to follow. This grievance process
does not preclude the use of any other review, grievance, or appeals
processes outlined in university publications. The university reserves
the right to prohibit attorneys from this process.
a. Step 1: Informal Review
The Disability
Services Coordinator will review the concern, obtain information from
the appropriate individuals, and prepare a response to the complainant.
If the concerns cannot be resolved through this informal review, then
the complainant will notify the Disability Services Coordinator of the
request for a formal review. This notification must occur within five
(5) working days of the informal review.
b. Step 2: Formal Review
The
complainant will provide to the Associate Academic Dean a written
statement of the concerns, including a list of persons requested to be
present at the review, and the Associate Academic Dean will facilitate
the remainder of the grievance process. A formal review with the
complainant and the appropriate persons must be schedule within five (5)
working days.
If the decision reached by the formal review does not
resolve the complaint or if the decision is not properly implemented, a
written appeal must be filed with the Chair of the ADA Committee within
five (5) working days after the receipt of the formal review decision.
c. Step 3: ADA Committee
The
members and chair of the ADA Review Committee are appointed by the
President. The President will include faculty members from each academic
division, the Affirmative Action Officer, the Director of Computing and
Information Services, the Capital Construction Manager, the Director of
Academic Assistance, the Retention Coordinator, and the Assistant
Director of Counseling as a resource. The ADA Review Committee members
will not include the person(s) against whom the complaint is filed or
anyone whose participation would create a conflict of interest. The
Committee will review the written complain and conduct whatever
hearings, investigation, and fact-findings it may consider necessary,
but in no case shall the investigation period exceed ten (10) working
days. The Chair of the Committee will inform the complainant of the
committee?s decision in writing.
If the decision from the ADA Review Committee does not resolve the
complaint or if a response is not received within the specified period,
the complainant may make a written appeal to the appropriate adjudicator
within five (5) working days of the receipt of the ADA Committee?s
decision.
Adjudicators:
1. Academic/Classroom accommodations: Vice President for Academic Affairs and Dean
2. Student Activities or Housing accommodations: Vice President for Student Services
3. Building Access accommodations: Vice President for Business Affairs
4. Intercollegiate Athletics accommodations: Vice President for Intercollegiate Athletics
d. Step 4: Adjudicator
The
complainant, the Disability Services Coordinator, and the Chair of the
ADA Review Committee will provide all pertinent information to the
adjudicator who will review the facts and hold whatever discussions are
deemed desirable or as the complainant, Disability Services Coordinator,
or ADA Review Committee Chair may request. The adjudicator will advise
the complainant, the Chair of the ADA Review Committee, and the
Disability Services Coordinator of the recommended course of action
within five (5) working days after the receipt of the appeal. The
decision of the adjudicator will be the final decision for the
university.