UHCL ADA Policy

Approved by University Council October 12, 1995

1. PURPOSE

The UHCL ADA policy established guidelines for ensuring compliance with the Americans With Disabilities Act.

2. DEFINITIONS

2.1 Person with a disability

2.1.1 A person who has a physical or mental impairment that substantially limits one or more major life  activities.

2.1.2 A person who has a record history of such a physical or mental impairment.

2.1.3A person who is considered to have such a physical or mental impairment or who is limited in one or more major life activities due to attitudes of others or fear of negative reaction by others.

2.2 Physical or mental impairment means any:

2.2.1 psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more major body systems such as,

-neurological system
-musculoskeletal system
-special sense organ(s)
-cardiovascular system
-reproductive system
-digestive system
-genito-urinary system
-hemic and lymphatic systems
-skin
-endocrine system

2.2.2 other conditions and infections as listed in the Americans with Disabilities Act, but does not include

-minor or trivial impairments
-simple physical characteristics such as
-eye color
-hair
-handedness-environmental or cultural disadvantages
-current illegal drug use
-certain sexual behavior such as
-transvestism
-homosexuality
-sexual behavior disorders
-personality traits such as
-poor judgment
-quick temper
-advanced age

2.3 Major life activity means an activity that an average person can perform with little or no difficulty, for example:

-walking
-talking
-breathing;
-performing manual tasks;
-seeing;
-hearing;
-learning;
-caring for oneself;
-working

2.4 Substantially limited means the person cannot perform a major life activity that an average non-disabled person can perform, including the restriction of the conditions, manner, or amount of time in which such major life activities can be performed in comparison to most people.

2.5 Reasonable accommodation means a modification or adjustment in:

2.5.1 the job application process, in order to provide consideration for employment;

2.5.2 the work environment, in order to enable the employee to perform the fundamental or basic functions of the job;

2.5.3 equal employment benefits or privileges;

2.5.4 the academic or student life environment, in order to enable the student to participate in educational and university life programs

2.6 Undue hardship in reasonable accommodations means an action requires much difficulty or expense and is or may be:

-unduly costly;
-disruptive;
-substantial;
-extensive; or
-a fundamental change or alteration in the nature of employment or educational programs.

2.7 Essential Functions means job tasks that are fundamental and not marginal.

2.8 Fundamental means:

-basic tasks;
-normal actions;
-regular duty.

2.9 Marginal means:

-extra duties;
-duties beyond what is necessary.

2.10 Qualified disabled individual means any individual, disabled as defined by the ADA, who satisfies the requirements for employment or student status on the basis of:

-requisite skill;
-experience;
-education;
-and other job-related or education-related requirements,

And who, with or without reasonable accommodations can perform the essential functions of the position applied for, or for admission as a student.

2.11 Association means any relationship with a person who has a disability. It is illegal to discriminate against any individual in any aspect of employment because of an association with a disabled individual.

2.12 Direct threat means a great risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodations. The determination of a direct threat will be made on a case-by-case basis and may include consideration of:

-the individual's presentability to safely perform the essential functions of a job or to safely function as a student;
-reasonable medical judgment;
-related facts as opposed to fears, ignorance, misconceptions, or stereotypes.

3. SCOPE OF COVERAGE

3.1 Any individual with a disability in this country is covered by the ADA, regardless of that individual's race, sex, age, religion, national origin, and regardless of citizenship status.

3.2 For employment purposes, all offers of employment are contingent on the applicant's ability to provide acceptable proof of identity and authorization to work in the United States in accordance with the Immigration Reform and Control Act of 1986 (IRCA).

4. POLICY

4.1 The University of Houston-Clear Lake complies with the Americans With Disabilities Act of 1990. UHCL does not discriminate against individuals on the basis of disability in any aspect of employment, including:

-the job application procedure;
-hiring and discharge;
-employee compensation and benefits;
-advancement;
-training;
-other terms, conditions, or privileges of employment.

4.2 Nor does the university discriminate against students and applicants for admission as students on the basis of disabilities. The university endeavors to make reasonable adjustments in its policies, practices, services, and facilities to ensure equal opportunity for qualified persons with disabilities to participate in all educational programs and activities, and attempts to provide reasonable accommodations to individuals with disabilities who identify themselves as requiring such accommodation.

4.3 The university assumes no responsibility for personal assistance necessary for independent living nor for specialized medical care. Students or employees requiring personal attendants or mobility assistants must employ such persons at their own expense before completion of registration or prior to beginning work. Students and employees requiring specialized medical care above and beyond the ordinarily offered through the Health and Disabled Services Office should be prepared to bear the expense of this care through a general hospital, or through a private physician or clinic.

5. GRIEVANCE PROCEDURES

Violations of this policy will be dealt with by enactment of the appropriate student, faculty, or staff grievance/appeal and disciplinary processes.

An enrolled student who believes he has been discriminated against because of a disability may appeal through the university's student grievance process. An applicant for admission as a student who believes he has been discriminated against because of a disability may appeal directly to the Associate Vice President for Academic Affairs.

A faculty member who believes he has been discriminated against because of a disability may appeal through the university's faculty grievance process. An applicant for employment as a faculty member who believes he has been discriminated against because of a disability may appeal to the Dean of the appropriate School or to the Associate Vice President for Academic Affairs, who also serves as the faculty AA/EEO Coordinator.

An employee who believes he has been discriminated against because of a disability may appeal through the university's non-faculty staff grievance process. An applicant for employment who believes he has been discriminated against because of a disability may appeal directly to the Director of Personnel and Affirmative Action.
In any such appeal, the complaining party must provide sufficient detail to enable thorough investigation of the alleged violation.

The cooperation and support of all faculty and staff members is necessary and expected in implementing and maintaining this policy.

6. ADA COORDINATOR

The ADA Coordinator for UHCL is the Coordinator of Disability Services located in the Health and Disability Services Office.  All ADA-related inquiries, requests for accommodation, and complaints will be directed to the ADA Coordinator. The ADA Coordinator is responsible for working within the university's administrative structure and governance process to:

-provide reasonable accommodations when appropriate;
-advise administrators, faculty, and staff of student and employee needs for accommodations;
-interact with local rehabilitation and social service agencies to arrange accommodations when appropriate;
-research accommodation options;
-counsel students and staff regarding university policy and procedures;
-report lack of good faith effort or failure to comply with the UHCL ADA policy to the Vice Presidents or to the President when necessary;
-maintain records of all accommodation requests and their disposition.

7. GUIDELINES

7.1 Employment guidelines. UHCL will consider each request for accommodation from an employee on a case-by-case basis in an attempt to arrive at a satisfactory accommodation for the disability identified.

UHCL is not required to provide the exact accommodation requested by the employee if a less-expensive alternative which achieves similar resolution can be identified.

Accommodations may be made in various forms, including, but not limited to:

-modification of non-essential job functions;
-variable work schedules;
-removal of barriers;
-workstation modifications;
-equipment;
-assistance.

7.2 Applicants for employment. UHCL does not limit employment opportunities to any qualified disabled person because ofhis/her disabled status as defined in the ADA. The university does not require self-identification by disabled applicants. However, any applicant for employment may self-identify during the application and hiring process.

UHCL employment personnel, interviewers, and hiring supervisors will not initiate any discussion of disabilities or perceived disabilities with applicants for employment. Discussions of disabilities and accommodations for disabilities between employment personnel, interviewers, hiring supervisors and applicants may be pursued only if such discussions are initiated by the applicant for employment.

7.3 Pre-employment medical exams. Pre-employment medical or physical examinations are prohibited unless:

7.3.1 a conditional offer of employment has been made; and

7.3.2 the same medical or physical testing is required of all other potential employees in the same job category.

If the results of pre-employment medical or physical examinations indicate unsuitability for employment in the job in question, the offer of employment may be withdrawn as long as both conditions specified in 6.3.a. and 6.3.b. are met.

7.4 Drug tests. A test to determine the illegal use of drugs is not considered a medical examination and may be givenat any time in accordance with existing policy.

7.5 Pre-employment medical records. Results of pre-employment medical and physical examinations are maintained confidentially and separately and do not constitute part of an individual's official personnel file.

7.6 Responsibilities related to applicants for employment. The applicant for employment is responsible for initiating any discussion of disability with the hiring supervisor or interviewer or with the staff of the Office of Human Resources. An applicant who requests an accommodation for a disability must be able to provide written documentation of:

7.6.1 an acceptable description or certification from a physician or other health care professional of the disability to be accommodated;

7.6.2 a suggestion for the proposed accommodation.

The Office of Human Resources is responsible for providing or authorizing accommodations requested by applicants for employment, when the purpose of such an accommodation is to enable the applicant to complete the application process. The Office of Human Resources will forward records of all such accommodations requested and their disposition to the ADA Coordinator.

7.7 Responsibilities related to employees.

7.7.1 The ADA Coordinator is responsible for assisting employing or hiring departments by interpreting ADA regulations and university policy. The ADA Coordinator is also authorized to assist employing and hiring departments and employees in identification of acceptable reasonable accommodations.

7.7.2 The employing department is responsible for providing the reasonable accommodation to an employee or to an applicant selected for employment, unless specifically exempted from this responsibility by the President, or the President's designee, on the recommendation of the ADA Coordinator and the Affirmative Action Officer.

7.7.3 The ADA Coordinator is responsible for maintaining records of accommodations requested by employees or applicants and made or denied by the university.

7.7.4 In the event an accommodation is requested but denied on the basis of undue hardship or direct threat, the employing or hiring department is responsible for providing written documentation to the ADA Coordinator detailing:

-the disability to be accommodated;
-the accommodations considered;
-the reason(s) the accommodation is determined to constitute an undue hardship, including cost, availability, budget restrictions, direct threat to the health and safety of the individual or others in the workplace, or other prohibitive factors.

7.7.5 If an employing department is unable to make an accommodation because of budget restrictions, the ADA Coordinator will explore the availability of other sources, including campus and UH System sources, to fund the accommodation.

7.8 Student guidelines. UHCL will consider each request for accommodation from a student or applicant for enrollment on a case-by-case basis in an attempt to arrive at a satisfactory accommodation for the disability Identified. UHCL is not required to provide the exact accommodation requested by the student or applicant for admission if a less expensive alternative which achieves similar resolution can be identified.

Accommodations may be made in various forms, including but not limited to:

-assistance with the enrollment process or with participating in other university programs or using university services or facilities;
-special seating;
-special means of obtaining lecture notes;
-aides or interpreters;
-arrangements for special testing.

7.9 Responsibilities. Students enrolled at the university may request accommodations for disabilities by contacting the ADA Coordinator for UHCL. A student who requests accommodation for a disability must be able to provide written documentation of:

-an acceptable description or certification by a physician or other health care professional of the disability to be accommodated;
-a suggestion for the proposed accommodation.

7.9.1 The ADA Coordinator is responsible for providing and authorizing accommodations, and for assisting academic personnel with the provision of accommodations requested by students and applicants for admission as students, unless the accommodation(s) requested are determined to constitute undue hardship. The ADA Coordinator is authorized to report to the Dean and/or the Provost any failure on the part of UHCL faculty to comply with a reasonable student request for accommodation of a disability.

7.9.2 Academic departments, and the individual faculty members who make up those departments, are responsible for ensuring that their programs are accessible to students with disabilities. The Provost and the Deans are responsible for ensuring that student requests for accommodation of disabilities are met, unless such request(s) are determined to constitute undue hardship. Failure by a faculty member to reach acceptable compliance with a reasonable request for accommodation of a student's disability will be considered grounds for the appropriate Dean to initiate the faculty discipline process.

7.9.3 Academic support departments, and the employees who staff those departments, are responsible for ensuring that their programs are accessible to persons with disabilities, including employees and applicants for employment and, when applicable, students. The President, Vice Presidents, and departmental supervisors are responsible for ensuring that requests for reasonable accommodations are met, unless such requests are determined to constitute undue hardship. Failure by a supervisor to reach acceptable compliance with a reasonable request for accommodation of a disability may be considered grounds for disciplinary action under the university's non-faculty discipline process.

7.9.4 The ADA Coordinator is responsible for maintaining records of accommodations requested by students or applicants for admission as students and the extent to which such accommodations are made or denied by the university.

7.9.5 In the event an accommodation is requested but denied on the basis of undue hardship, the ADA Coordinator is responsible to provide or obtain from the department concerned written documentation detailing:

-the disability to be accommodated;
-the accommodations considered;
-the reason(s) the accommodation is determined to constitute an undue hardship, including cost, availability, budget restrictions, or other prohibitive factors.

7.10 Program Accessibility. University programs, whether conducted on- or off-campus, shall be designed and conducted so as to be accessible to persons with disabilities.

Publicity for each UHCL-sponsored program will include the following wording:

Any individual who requires a special accommodation to take advantage of or participate in this program should contact the office sponsoring the event at 281-283-2627 at least one week prior to the program date to arrange for the accommodation.

7.11 Sources of Funding. Potential sources of funds for providing reasonable accommodations for student/faculty/staff areas follows:

-appropriated funds;
-grant funds;
-HEAF funds;
-departmental operating expense funds
-other external fund sources.

7.12 The records maintained by the ADA Coordinator are available for review by the affected student, by UHS and UHCL officials for valid information purposes, and for investigating or regulatory agents of the federal government. In all other cases, these records will be held in confidence subject to valid legal processes or the student's written permission to release information.