Digital Accessibility

Introduction

East Carolina University (ECU or University) provides equal opportunity to its educational and administrative services, programs, and activities in accordance with federal and state law. This Regulation extends to the University’s digital, electronic, and information technologies and applies to their procurement, development, implementation, and ongoing maintenance.

This Regulation seeks to provide direction on creating accessible digital content that provides equal access for everyone, regardless of ability or disability, and is designed to ensure that all individuals have access to Digital Content, Resources, and Technology (Digital Material) provided by or on behalf of ECU. Everyone who plays a role in maintaining University Digital Material is expected to make sure that it is accessible.

1. Definitions

Accessibility Standards: are the internal standards regarding accessible Digital Material that relates to ECU’s programs and services.

Accessible: “Accessible” means a person with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use. The person with a disability must be able to obtain the information as fully, equally and independently as a person without a disability. Although this might not result in identical ease of use compared to that of persons without disabilities, it still must ensure equal opportunity to the educational benefits and opportunities afforded by the technology and equal treatment in the use of such technology.

Conventional Electronic Documents: are the following electronic file formats: PDF, word processing, presentation, and spreadsheet file formats.

Digital Material (Digital Content, Resources, and/or Technology): Information, products, and services available for download or distribution electronically, or on a web page or computer or mobile application that ECU provides or makes available, directly or through contractual, licensing, or other arrangements. Examples include, but are not limited to, websites; video and audio content; electronic documents; desktop, mobile, and cloud-based software applications; content and learning management systems; tools and platforms; email; library resources; social media; products for digital research; and digital content and instructional materials used in a course.

Disability: with respect to an individual, means (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.

Electronic and Information Technology (EIT): includes e-learning and information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, the internet and intranet websites, content delivered in digital form, electronic books and electronic book reading systems, search engines and databases, learning management systems, classroom technology and multimedia, audience response systems (“clickers”), and equipment such as classroom podiums, copiers and fax machines. It also includes any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, creation, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This term includes telecommunications products (such as telephones), information kiosks, Automated Teller Machines (ATMs) transaction machines, computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

Equally Effective Alternative: the alternative format or medium communicates the same information in as timely of a manner as is feasible.

Reasonable Accommodation: is any modification or adjustment to the work or academic environment that will enable a qualified applicant, visitor, student, or employee with a disability to participate in the application process or to perform an essential job function. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Section 508 Standards: are a comprehensive set of general, technical, and functional standards that apply to Federal agencies to make their electronic and information technology accessible to individuals with disabilities.

Universal Design: is the process of creating products that are accessible to people with a wide range of disabilities so that they are usable in both physical and digital environments.

University Constituents: All individuals or entities who create, design, develop, implement, purchase, obtain, distribute, host, or maintain Digital Material for official University business, including but not limited to employees (including student employees), emeriti/emeritae, and external individuals or organizations (such as vendors, contractors, consultants, and other third parties).

Usability: how well people can use digital material to achieve their goals and are satisfied with the experience.

Web Content Accessibility Guidelines (WCAG): refer to the World Wide Web Consortium (W3C) guidelines for creating accessible Web content.

2. Purpose

The purpose of this Regulation is to establish processes by which University administrators, faculty, staff, and University Constituents or affiliates will create, obtain, and maintain Digital Material in a manner that ensures that Digital Material is accessible to individuals with disabilities. Unless doing so would pose an undue burden, the University will make reasonable efforts to ensure that its Digital Material allows, regardless of the type of medium of the technology—(a) individuals with disabilities to have access to and use of information and data that is comparable to the access to and use of the information and data by those individuals without disabilities; and (b) individuals with disabilities who are members of the public seeking information or services to have access to and use of information and data that is comparable to the access to and use of the information and data by those members of the public without disabilities.

All University units, and associates/affiliates acting on behalf of a University unit, are responsible for complying with this regulation and the related Accessibility Standards. This includes Digital Material they create, buy, or maintain, and applies to all University Digital Material. Everyone who distributes, hosts, obtains, or creates Digital Material for the University must follow this Regulation and associated standards.

3. Minimum Standards

ECU’s new Digital Material must meet minimum Accessibility Standards, except if doing so would impose a Fundamental Alteration or Undue Burden. Whether something constitutes a Fundamental Alteration or Undue Burden is determined on a case-by-case basis applying the applicable legal standard.

The following requirements apply to Digital Material and reflect the minimum standards adopted by ECU pursuant to this Regulation:

Web Content Accessibility Guidelines (WCAG) 2.1 Level AA

These requirements serve as the basis for Universal Design principles. Use of these principles and compliance with the above requirements is intended to result in a welcoming and equitable digital experience for a wide range of people regardless of ability, disability, or use of assistive technology.

4. Responsibility of University Constituents

Digital accessibility compliance oversight is shared by the Office of the ADA Coordinator, Disability Support Services, University Communications, and Information Technology and Computing Services (ITCS). These units provide resources and guidance to University Constituents in their responsibilities for accessible Digital Material.

Oversight of compliance with this regulation is also delegated to the head of each University unit, such as a Dean, Department Chair, Director, or other applicable unit administrator, or their designee (i.e. a “Digital Accessibility Liaison” to address the accessibility of Digital Material for the department). This individual is responsible for compliance with all University policies, regulations and rules relating to Digital Material owned or used within their department.

The Department head (or designee) will take appropriate actions to uphold the accessibility of Digital Material; communicate this Regulation, and other applicable accessibility information and practices; and collaborate with the offices listed in above, to respond to and resolve accessibility issues resulting from the development, use, maintenance, or purchase of Digital Material within the department.

University Constituents are required to identify and prioritize existing Digital Material that is not accessible, develop an action plan, and make that existing Digital Material accessible in a manner consistent with ECU’s minimum Accessibility Standards by the federally mandated deadline. In addition, upon request, University units must make any existing or historic Digital Material accessible in a timely manner. In the event that existing Digital Material cannot be made accessible, the University unit must provide an Equally Effective Alternative.

5. Web Accessibility

This Regulation applies to all University Web pages and applications, including all online content and digital documents, and requires web authors of both official and unofficial web sites at “ecu.edu” domain, as well as those representing ECU-associated entities, to comply with accessibility requirements mandated by federal and state law and ECU’s minimum Accessibility Standards, as established by this Regulation. All University websites conducting ECU official business must link to the University’s main Accessibility site which includes a statement of commitment to Web Accessibility.

6. Email Accessibility

This Regulation applies to all emails sent from an official ECU email account (i.e., email addresses ending in @ecu.edu), as well as those from email accounts representing ECU-associated entities, and requires University Constituents and affiliates to comply with accessibility requirements mandated by federal and state law and ECU’s minimum Accessibility Standards, as established by this Regulation.

7. Social Media Accessibility

This Regulation applies to all social media posts on official University-affiliated accounts and accounts representing ECU-associated entities, including on platforms such as Facebook, Instagram, etc., and requires University Constituents and affiliates to comply with accessibility requirements mandated by federal and state law and ECU’s minimum Accessibility Standards, as established by this Regulation.

8. Instructional Materials Accessibility

• 8.1. Scope
• This Regulation applies to all digital instructional materials, optional and required, whether delivered within the University’s learning management system, in face-to-face classes, distance education classes or through electronic instructional activities such as email, blogs, and resources external to the University.
• 8.2 Responsibility
• It is the responsibility of faculty, graduate teaching assistants, or any course content developer to create and/or maintain accessible Digital Materials.
• Digital instructional materials, optional and required, will be accessible and as effective and usable for persons with disabilities as they are for persons without disabilities. Instructional materials and activities will be made available to all students in a timely manner and through equally effective means. The only exceptions are when it would cause a significant change, difficulty, or expense to the material by providing the modification. In the Americans with Disabilities Act, this is a “Fundamental Alteration or Undue Burden.” Any exception based on a Fundamental Alteration or Undue Burden must be requested by the University Constituent responsible for the material by contacting the Office of the ADA Coordinator.

9. Software, Hardware and Operating Systems Accessibility

• 9.1. Scope
• This Regulation applies to software, hardware and operating systems purchased so that they are accessible with regard to assistive technology and are able to produce accessible products and content.
• 9.2. Standards
• To meet the University’s standards, a product must either build in accessibility features as part of the development, or be compatible with assistive technology, in a manner consistent with ECU’s minimum Accessibility Standards. These standards provide proven techniques for the design and development of universally accessible software, hardware, and operating systems.

10. Procurement

• 10.1. Scope
• This Regulation applies to all University purchases of Electronic and Information Technology (EIT) software, hardware, and services.
• 10.2. Standard Operating Procedure
• The University has an established process to ensure accessible technology is procured where feasible. In the event it is not feasible, the University has an exemption and exception process (see link under Additional References) that may require an Equally Effective Alternative Access Plan (EEAAP) that is approved by the University ADA Coordinator (or their designee).

11. Compliance

• Compliance with this Regulation is the responsibility of all University Constituents. University Constituents are responsible for evaluating their Digital Material to ensure ongoing compliance with this Regulation and resources must be allocated to this ongoing evaluation, including designation of an appropriate number of designees that may function as “Digital Accessibility Liaisons.” Additionally, the University’s ADA Accessibility Committee and/or other duly designated group will annually review processes, goals, and standards to ensure the use, production, and procurement of accessible information technologies.
• Upon request, the Office of the ADA Coordinator, Disability Support Services, University Communications, or ITCS may provide consultation and training assistance as needed.11.1. Requirements for ADA Accessibility Committee
• Annually, the ADA Accessibility Committee will provide support to ECU’s Accessibility program plan by,
  • a. reviewing this Regulation for content changes;
  • b. reviewing progress on program goals and providing recommendations for new goals;
  • c. recommending membership changes and focus topics for the Digital Accessibility subcommittee;
  • d. reporting and tracking the progress on goals;
  • e. assist with communicating Regulation guidelines to the ECU community; and
  • f. assisting staff and faculty through education and consulting on the standards referenced in this Regulation.
• 11.2 Reporting Inaccessibility
• To report inaccessible digital content, software, hardware, or other Information Technology accessibility issues, contact the University ADA Coordinator, or report an issue via the institution’s “Report a Barrier” tool, linked on every ECU webpage.
• Members of the University community who have concerns about accessibility or the adequacy of accommodations or wish to file a complaint, should refer to the University’s Notice of Nondiscrimination Policy. Information about filing a complaint may be obtained from the Equal Opportunity and Title IX unit in the Department for People Operations, Success, and Opportunity.

12. Exceptions

The following are exceptions to this regulation:

• 12.1 Minimal Use
• If Digital Material will be used by one individual or a small number of identified individual(s) (such as a small office or a research lab), and the responsible Department Head (or Digital Accessibility Liaison) confirms that the Digital Material is accessible to the identified individuals, a de minimis exception applies to the procurement or development of such Digital Material. The Digital Material is not subject to the evaluation or remediation requirements of this Regulation, and there is no requirement to provide an Equally Effective Alternative. This exception no longer applies when the Digital Material is used by individuals other than those originally identified when the Digital Material was developed or procured. Therefore, this exception shall not be used when Digital Material is intended for long-term use or by unknown future users. This exception also no longer applies when an individual notifies the University unit of an accessibility need related to the Digital Material. Once the exception no longer applies, the Digital Material is subject to all requirements of this Regulation, including those related to identification and remediation of accessibility issues and to availability of an Equally Effective Alternative.
• 12.2 Fundamental Alteration or Undue Burden
• If an Equally Effective Alternative cannot be provided because doing so would impose a Fundamental Alteration or an Undue Burden, or if another requirement of this Regulation cannot be met, the University Constituent responsible for the Digital Material must request an exception to this Regulation through the Office of the ADA Coordinator.
• If the exception request is not approved, the Office of the ADA Coordinator may assist the University Constituent in creating an action plan including researching other vendors with similar products or identifying alternative methods to achieve the same functional goals.
• A written explanation for an exception must be tracked and made available upon request. All decisions are final.
• 12.3 Archived Web ContentWeb content that satisfies all four (4) of the following conditions is not required to meet the minimum Accessibility Standards set forth in this Regulation:
• 12.3.1 It was created before the federally mandated deadline or reproduces paper documents or the contents of other physical media (e.g., audiotapes, film negatives, and CD-ROMs) that were created before the federally mandated deadline;
• 12.3.2 It is retained exclusively for reference, research, or recordkeeping;
• 12.3.3 It is organized and stored in a dedicated area(s) clearly identified as being archived; and
• 12.3.4 It is not altered or updated after the date of archiving.
• 12.4 Preexisting Conventional Electronic Documents
• Conventional Electronic Documents that are available as part of the University’s web content or mobile apps before the federally mandated deadline are not required to meet the minimum Accessibility Standards set forth in this Regulation; however, this exception does not apply when such documents are currently being used to apply for, gain access to, or participate in the University’s services, programs, or activities.
• 12.5 Content Posted by a Third Party
• Content posted by a third party on the University’s websites or mobile apps is not required to comply with the minimum Accessibility Standards set forth in this Regulation, unless the third party is posting due to contractual, licensing, or other arrangements with the University. This is narrow exception that applies only to content posted by a third party that has no contractual, licensing, or other arrangement with ECU. Content that is not posted by a third party, including the following, is not covered by this exception and is required to meet the minimum Accessibility Standards set forth in this Regulation: (1) third-party content that is posted by the University, (2) content posted by a University contractor or vendor, or (3) tools and platforms that allow third parties to post content on the University’s websites or mobile apps.
• 12.6 Individualized Password-Protected Conventional Electronic Documents
• Conventional Electronic Documents that satisfy both of the following conditions are not required to meet the minimum Accessibility Standards set forth in this Regulation:
• 12.6.1 are about a specific person, their property, or their account; and
• 12.6.2 are password-protected or otherwise secured.
• 12.7 Preexisting Social Media Posts
• Social media posts on official University-affiliated accounts that were posted before the federally mandated deadline are not required to meet the minimum Accessibility Standards set forth in this Regulation.

13. Sanctions for Violations

Failure to follow this Regulation may put University information assets at risk and may have disciplinary consequences for employees, up to and including termination of employment.

Contractors, vendors, consultants, and others in violation of this Regulation may face termination of their business relationships with ECU.

Violation of this Regulation may lead to civil or criminal penalties.