Interim: ADA Compliance and Reasonable Accommodations for Students, Employees, Applicants and Visitors

1. Introduction

East Carolina University is committed to equality of opportunity and prohibits unlawful discrimination based on disability as established by ECU’s Notice of Non-Discrimination and Affirmative Action Policy. Consistent with ECU’s commitments and obligations to nondiscrimination, this Regulation provides for the framework for complying with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the ADA Amendments Act of 2008 (ADAAA) in providing accommodations to students, employees, applicants, and visitors.

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the University will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Further, ECU does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Both Section 504 and the ADA require that the University provide equal opportunity to individuals with disabilities to participate in, and receive the benefits of, the educational program, and require that the University provide accommodation or modifications to qualified individuals with a disability. The University is not required to make an accommodation that would impose an undue hardship on the operation of the University’s business or would change the essential functions of an employee’s position, and no fundamental or substantial alteration of academic standards will be made in regard to reasonable accommodations for students.

The University prohibits retaliation against an individual who requests an accommodation in good faith.

2. Office of the ADA Coordinator

• 2.1 The Office of the ADA Coordinator is responsible for coordinating the efforts associated with University policies and procedures relating to persons with disabilities to assure compliance with the ADA and other federal and state laws and regulations pertaining to persons with disabilities.
• 2.2 The Office of the ADA Coordinator collaborates with the Office of Disability Support Services, the ADA Accessibility Committee, ECU Facilities Operations, Environmental Health and Safety, and the IT Accessibility Committee, among others, to help serve students and employees who qualify for accommodations under the Americans with Disabilities Act.
• 2.3 The Office of the ADA Coordinator has responsibility for ADA compliance and for engaging in an interactive process to determine whether an employee, applicant or visitor is a qualified individual with a disability for the purposes of providing a reasonable accommodation.

3. Scope of Applicability

This Regulation applies to all University employees, applicants for employment while they are participating in the application process, as well as visitors to campus or those participating in University sponsored events. In addition, the University offers reasonable accommodations to students with eligible documented learning, physical and/or psychological disabilities.

4. Definitions

• 1. Disability – The term “Disability” means, with respect to an individual:
  • 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;
  • c. being Regarded as Having such an Impairment; or
  • d. an impairment that is episodic or in remission if it substantially limits a Major Life Activity when it is active
• 2. Employee – Individuals employed by the University including, but not limited to: faculty members, EHRA non-faculty employees, SHRA employees, CSS employees, graduate, professional and doctoral students, post-doctoral scholars, and student employees.
• 3. Essential Function(s) – the fundamental duties of the position or the primary reasons the position exists.
  • a. The University is not required to eliminate an essential function from the position, or to lower quality or performance standards to make an accommodation, as long as those standards are applied uniformly to employees with or without a disability. The University is not required to create a new position to accommodate an employee. The University makes a determination as to whether a job function is “essential” on a case-by-case basis. Some of the factors used in determining whether a job function is essential are:
    • 1. whether the reason the position exists is to perform that function;
    • 2. the number of other employees available to perform the function or among whom the performance of the function can be distributed; and
    • 3. the degree of expertise or skill required to perform the function.
• 4. Has a Record of an Impairment – An individual has a record of an impairment if that individual has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.
• 5. Major Life Activities – In General – 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.
• 6. Major Bodily Functions – 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.
• 7. Qualified Individual with a Disability – An employee or applicant for employment who, with or without a reasonable accommodation can perform the essential functions of the position.
• 8. Reasonable Accommodation – A modification or adjustment to a position, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to perform the essential functions of the position.
  • a. Reasonable Accommodations may include, but are not limited to:
    • 1. Making existing facilities readily accessible to and usable by persons with disabilities;
    • 2. Job restructuring, modifying work schedules, reassignment to a vacant position;
    • 3. Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters;
    • 4. Making a website or digital information accessible; or
    • 5. Allowing leave as an accommodation.
  • b. The University is not obligated to and will not provide personal use items needed in accomplishing daily activities (e.g. eyeglasses, hearing aids, prosthetic limbs, or a wheelchair).
• 9. Regarded as Having such an Impairment – An individual is regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited by the ADA because of an actual or perceived physical or mental impairment, whether or not the impairment substantially limits or is perceived to substantially limit a major life activity.
  • a. When determining if a condition is a disability under this regulation, the University will not take into consideration any “mitigating measures” such as prescription drugs, medical equipment, prosthetics or other remedies, beyond ordinary eyeglasses or contact lenses.
• 10. Student – anyone registered for an academic course at the University, including but not limited to, undergraduate and graduate students who are classified as degree or non-degree seeking, as well as visiting students, medical students, dental students, professional students, and students studying abroad.
• 11. Substantially Limiting – An impairment is a disability under this policy if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting.
• 12. Undue Hardship – An accommodation or action requiring significant difficulty or expense when considered in light of factors such as the University’s size, financial resources, and the nature and structure of its operation. Undue hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.

5. ADA Accommodations for Employee, Applicants, Visitors, and Guests

The Office of the ADA Coordinator facilitates the interactive process and determines reasonable accommodations for ECU Employees and Qualified Individuals with a Disability based on appropriate documentation, including medical information and recommendations from treating providers, and essential functions of the job position.

• 5.1 It is the responsibility of the employee to contact the ADA Coordinator when seeking reasonable accommodations. Supervisors who have been notified by an employee of an accommodation need should contact the Office of the ADA Coordinator for assistance.
• 5.2 The University is not required to make an accommodation that would impose an undue hardship on the operation of the University’s business or would change the essential functions of an employee’s position.
  • 5.2.1 Additionally, ECU is not obligated to provide personal use items needed in accomplishing daily activities both on and off the job (i.e., eyeglasses, hearing aids, prosthetic limbs, or wheelchair), and is not required to provide personal use amenities, such as a refrigerator, if those items are not provided to employees without disabilities.
• 5.3 The procedures and interactive process for ECU employees seeking accommodations are provided by the Standard Operating Procedure (SOP) “ADA Accommodation Requests for Employees, Applicants, Visitors, and Guests” implemented under this Regulation, which can be found under additional references above.

6. ADA Accommodations for Students

Disability Support Services (DSS) determines reasonable academic accommodations for students based on appropriate documentation and the academic requirements of the individual program. DSS also considers the current academic needs of students as well as accommodations that have been used in previous educational settings.

• 6.1 It is the responsibility of the student to contact Disability Support Services (DSS) to initiate the process to develop an accommodation plan. This accommodation plan will not be applied retroactively. Appropriate, reasonable accommodations will be made to allow each student to meet course requirements, but no fundamental or substantial alteration of academic standards will be made.
• 6.2 To register with the Office of Disability Support Services (DSS) a student must:
  • 1. Be an enrolled student at ECU
  • 2. Contact the DSS office to arrange for an intake appointment.
  • 3. Provide the Office of DSS with current documentation of a Disability (or Disabilities).
  • 4. Complete intake appointment with DSS staff.
  • 5. Accommodations will be reviewed and approved through Disability Support Services
  • 6. Student should meet with DSS staff to review approved Accommodations and pick up Accommodation Forms.
• 6.3 ECU provides academic accommodations through the Disability Support Office on campus. The decision whether a condition is substantially limiting to support an accommodation request is made by the appointed qualified professionals on campus. This decision is based upon multiple sources of information using an individualized assessment. The Office of DSS consists of appointed professional staff who determine disability eligibility and accommodation decisions on a case-by-case basis.

7. Confidentiality

Information regarding requests for accommodations will be kept confidential and shared with others only if they have a legitimate business reason to know. Supervisors and managers will be informed of the functional limitations of an employee caused by the physical or mental impairment.

8. ADA Accessibility Committee

• 8.1 The ADA Accessibility Committee is established to receive, collect, consider, and advise upon information related to disability and accessibility compliance across campus. The Committee is advisory only and does not have authority to impose requirements on students, faculty, staff, or visitors. The team members are selected for their expertise and interaction with ADA and disability compliance matters.
• 8.2 The purpose of the ADA Accessibility Committee is to serve as the primary assembly to collaborate and facilitate on-going updates to the ADA self-assessment and transition plans. The Committee will assess various accommodation issues, resource needs, recommend any corrective actions needed to address campus environmental concerns, and monitor reports for any patterns or trends.
• 8.3 The ADA Accessibility Committee will convene (in person, by telephone, or by videoconference) quarterly or as needed to review information received from a report of accessible barriers, and to review new, relevant information as it becomes available.
  • 8.3.1 Members of the ADA Accessibility Committee are nominated by their respective University senior leadership officials and are confirmed by the Vice Chancellor for Administration & Finance.
  • 8.3.2 The ADA Accessibility Committee includes select members of the University’s professional staff and shall include, at a minimum: the ADA Coordinator (Chair of the Committee); the Director of the Office of Disability Support Services; and representatives from other relevant offices (e.g., Human Resources, Internal Audit, Office for Equity and Diversity, Facilities).
    • 8.3.2.1 A representative of the Office of University Counsel will serve as an advisor to the Committee.

9. Complaint Procedures

The University provides internal procedures for the investigation and resolution of complaints alleging discrimination, harassment, or retaliation under the University’s policy and this regulation. The process for bringing a complaint against a University employee is described in the Resolving Allegations of Discrimination Regulation. The process for bringing a complaint against a University student are governed by the Student Conduct Process Regulation.

If an employee believes that a determination regarding eligibility for a reasonable accommodation or provision of a reasonable accommodation has been reached improperly or unfairly, the employee may contact the ADA Coordinator to seek resolution or may file a complaint with the Office of Equity and Diversity (252) 328-6804 or OED@ecu.edu.

10. Consequences of Violation of Regulation

Any member of the University community who violates any aspect of this policy is subject to corrective or disciplinary action, including, but not limited to, termination of employment or termination from educational programs.