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Policy Title: Nondiscrimination on the Basis of Disability

Boise State University Policy #: 1075
Effective Date: February 2017

Purpose:
To define the University’s policy and standards for nondiscrimination on the basis of disability, and to outline the procedures by which individuals alleging discrimination under the provisions of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and the ADA Amendments Act of 2008, may seek redress.

Additional Authority:
Americans with Disabilities Act, as amended
Section 504 of the Rehabilitation Act of 1973
University Policies 1060, 2080, 9050 and 9070

Scope:
Applies to all University faculty, staff, and students.

Responsible Party:
Office of Institutional Compliance and Ethics, 426-1258

Definitions:
The Acts –The Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and the ADA Amendments Act of 2008.

Individuals With Disabilities – Persons with disabilities include individuals who 1) have a physical or mental impairment that substantially limits one or more major life activities (functions such as performing manual tasks, walking, seeing, hearing, speaking, breathing, or learning); 2) have a record of physical or mental impairment, or 3) are regarded as having a substantially limiting physical or mental impairment, even though the impairment is insubstantial, or a reflection of the attitudes of others, or nonexistent.


Policy

  • I.  Policy Statement
      The University and all members of the faculty and staff will operate its programs, activities, and services to ensure that no Individuals With Disabilities will be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any such program, activity, or service solely because of their disability.
  • II. Responsibility
    • A. The Office of Institutional Compliance and Ethics has overall reasonability for University compliance with the Acts and this policy.
    • B. The University 504/ADA Compliance Officer and the Director of the Educational Access Center will report to the Executive Director of Institutional Compliance and Ethics on compliance activities conducted by the University in compliance with the Acts and this policy. These activities may include the preparation of all required quarterly complaint reports, the coordination of activities among divisions and departments, and the provision of assistance to Individuals With Disabilities.
    • C. The Associate Vice President for Human Resources will be responsible for compliance with the Acts in the hiring and promotion of University employees. The AVP for HR, or designee shall consult with and report quarterly to the University’s 504/ADA Compliance Officer regarding implementation of this policy and compliance with the Acts.
      • 1. The reasonable accommodation of disabled applicants and employees is a responsibility of the employing department/office.
      • 2. When it is determined that an accommodation is required, the appropriate University officials will determine a reasonable response. The Acts do not require that a qualified applicant or employee with a disability be hired or promoted. However, the ADA does make it unlawful for a selecting official or a selection committee to discriminate against qualified Individuals With Disabilities on the basis of disability.
    • D. The Associate Vice President for Campus Planning and Facilities, in conjunction with the 504/ADA Compliance Officer and the Director of the Educational Access Center will be responsible for:
      • 1. Identification and, after approval by the appropriate administrator, implementation of accessibility in new construction and in projects that require alterations or modification to facilities and grounds.
      • 2. Proactive maintenance of accessible grounds and facility features in equipment in accordance with Policies 9050 and 9070, and related maintenance procedures.
      • 3. Snow removal prioritizing accessible paths and building entrances.
    • E. Faculty members are responsible for ensuring that the selection and/or development of their course tools and materials are fully accessible for people with disabilities. Faculty may seek assistance in accessible course design through the Educational Access Center, Center for Teaching & Learning, and the IDEA Shop.
  • III. Assistance for Individuals with Disabilities
    • A. Students. Students With Disabilities who require accommodations to participate or benefit from educational opportunities offered at Boise State should visit the Educational Access Center on the first floor of the Lincoln Garage, or review information available on the Educational Access Center’s website at eac.boisestate.edu. The provision of academic accommodations for students is governed by University Policy 2080.
    • Students With Disabilities are not eligible for accommodations retroactively, so should engage with the Educational Access Center before the beginning of each semester or session.
    • B. Employees. Applicants for employment or employees with disabilities who need accommodations or auxiliary aids to apply for or engage in employment shall contact Human Resources to request reasonable accommodations.
  • IV. Students and Employees
    • A. The University will use all resources available, include public agency and private donations, to fund the purchase of access technology and academic support. While the University will strongly consider requests from students that a specific type of assistive technology or academic support be provided, the University maintains the right to make a final decision about its choice of such educational aid.
    • B. The University will not assume any responsibility for the provision of attendants, individually prescribed devices, readers for personal use or study, or any device or service of a personal nature. The arrangements for these types of services are entirely the responsibility of the individual student or employee.
  • V. Complaints of Discrimination on the Basis of Disability
    • Those who believe that they have been harassed or discriminated against on the basis of disability are encouraged to file a complaint with the Office of Institutional Compliance and Ethics. The University processes complaints alleging discrimination on the basis of disability pursuant to University Policy 1060.