Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state
university is committed to providing reasonable accommodations for qualified
individuals with disabilities in a fair and equitable manner and in accordance
with Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act (ADA) of 1990, as amended, and other applicable federal and
state laws (hereinafter applicable law[s]). Ensuring an accessible and
inclusive educational and work environment is the responsibility of every
member of the university community.
(B) Purpose. To provide common understandings
of definitions, relevant information, and uniform guidelines to promote a work
and educational environment at Youngstown state university that is free from
discrimination and harassment and fosters university compliance with federal
and state law pertaining to qualified individuals with disabilities.
(C) Scope. This policy applies to current and
prospective students and employees and to visitors and guests of the
university. All personnel who are responsible for the implementation of the
university's mission are charged to support this policy.
(D) Definitions.
(1) "Disability." A physical or mental
impairment that substantially limits one or more major life activities of the
individual; a record of such an impairment; or being regarded
as having
such an impairment.
(2) "Major life
activities." 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, communication, and working. A major life activity also
includes the operation of major bodily functions.
(3) "Major bodily functions." Major bodily
functions include, but are not limited to: functions of
the immune system, normal cell growth, digestive, bowel, bladder, neurological,
brain, respiratory, circulatory, endocrine, and reproductive systems.
(4) "Reasonable accommodation." A change or
modification to a job, work, or academic environment or university program
which does not impose an undue hardship on the university and enables a
qualified individual with a disability to enjoy the same opportunities and
benefits as others without disabilities. Examples of reasonable accommodation
can include:
(a) Acquiring auxiliary aids and
services.
(b) Modifying equipment,
devices, or schedules.
(c)
Adjusting or modifying examinations, training materials, or policies.
(5) "Qualified individual." An
individual who, with or without reasonable accommodation(s), meets the
eligibility requirements for employment, educational programs or other
university-sponsored programs and activities such that
they
can perform the essential functions of an employment position or
meet the
essential requirements of an educational program or activity.
(6) "Essential function/requirement." A
fundamental duty of an employment position or a core requirement of a program
or activity. A number of considerations impact whether a function/ requirement
may be considered essential, including but not limited to:
(a)
A requirement is basic to a position or
program or any directly related licensing requirement.
(b) If the job/position exists to perform
that function.
(c) There are a
limited number of employees available who can perform that function.
(d) The function is highly specialized such
that the incumbent in the position is hired for their
expertise or ability to perform the particular function.
(7) "Undue hardship." Action which requires
significant difficulty or expense when considered in light of the nature and
cost of the accommodation in relation to the size, resources, nature, and
structure of the university's operation, or which would fundamentally alter the
nature or structure of a program, operation, or employment unit.
(8) "Interactive process." The
communicative process to identify
the limitations resulting from a disability and potential reasonable
accommodations.
(E)
Parameters.
(1) The university will engage in
an interactive process with a student or employee to determine the individual's
disability status and particularized accommodation needs.
(2) The office of human
resources and
the office of accessibility services, Resch academic
success center (office of accessibility services) are authorized to
develop procedures for the implementation of this policy.
(3) The office of facilities maintenance and
support services is responsible for promoting compliance with campus physical
and architectural access.
(4) The
office of accessibility services is responsible for organizing
the university response to requests for accommodation and provision of academic
services that support the needs of students with disabilities.
(5) The office of human resources is
responsible for coordinating the university response to requests for
accommodation in employment.
(F) Procedures.
(1) Students.
(a) A student who wishes to request a
reasonable accommodation must be registered with the university's
office of accessibility
services. To be registered with the office of accessibility services, a
student must first be accepted by the university through the office of
undergraduate recruitment and admissions.
(b) To ensure the provision of reasonable and
appropriate accommodations,
the office of accessibility services requires current, within one
year, and comprehensive documentation of the disability from a current
physician or specialist. Accessibility services information and forms are
available from the office of accessibility services
or on the website .
Where applicable, the documentation should include information that describes
how the disorder was diagnosed, the symptoms of the disorder, severity of the
condition, treatment and medication prescribed, and recommendations for
accommodations.
(c) The information
provided to the office of
accessibility services is confidential and does not
become a part of a student's academic record.
(2) Employees.
(a) An employee who wishes to request a
reasonable accommodation (or another person wishing to request a reasonable
accommodation on behalf of an employee) can choose to make a request in either
of the following ways:
(i) Complete a request
for reasonable accommodation form.
(ii) Contact the immediate supervisor or the
office of human resources, employee benefits
manager,
(benefits manager). When a request is made verbally,
employees seeking a reasonable accommodation should follow up the verbal
request emailing the benefits manager. Upon receipt, the benefits
manager will provide appropriate forms.
(b) Determination of disability. Following
the initial request for accommodation, the benefits manager will
determine whether the employee has a disability as defined by applicable
federal and state laws. The benefits manager may consult with appropriate
university representatives to determine if the condition meets the definition
of disability as defined by applicable federal and state laws.
(c) An employee may be required to submit
documentation to substantiate their request, including but not limited to a
request for documentation of physical/mental health condition.
(d) Submitted documentation will be
confidentially maintained in a file separate from an employee's personnel
file.
(e) Interactive process. The
interactive process takes place after the employee's condition is determined to
be a disability as defined by applicable laws and will vary depending on the
nature and type of disability and requested accommodation. While the individual
with a disability is not required to specify a precise accommodation, the
employee needs to describe the problems which need accommodation. Additionally,
suggestions from the employee with a disability may assist the university in
determining the type of reasonable accommodation to provide. Where the employee
and/or the university are unfamiliar with possible accommodations, the
university may consult with public and/or private resources to help identify
reasonable accommodations once the specific limitations and workplace barriers
have been ascertained.
(f) If the
employee's condition is determined not to be a disability, as defined by
applicable laws, the employee will be notified that their request is
denied.
(G)
Genetic Information Nondiscrimination Act of 2008 ("GINA"). GINA prohibits
employers and other entities covered by Title II of GINA from
requesting or requiring genetic information of an individual or family member
of the individual, except as specifically allowed by law. Therefore, employees
and health care providers should not provide any genetic information when
responding to a request for medical information. As defined by GINA, genetic
information includes an individual's family medical history, the results of an
individual or family member's genetic tests, the fact that an individual or an
individual's family member sought or received genetic services, and genetic
information of a fetus carried by an individual or an individual's family
member or an embryo lawfully held by an individual or family member receiving
assistive reproductive services.
(H) Discrimination. Individuals who believe
that they have been discriminated against on the basis of disability in an
educational program or activity or employment situation at Youngstown state
university, may contact the office of equal opportunity, Title IX and policy development to seek information
or to file a complaint.
