I. Purpose. The purpose of this Student Disability Accommodations Procedure (“Procedure”) is to implement the College’s Disability Accommodations Policy (“Policy”) for College Students.
II. Scope and Applicability
A. This Procedure applies to Students of the College in their capacity as students.
B. Student employees seeking disability accommodations in the workplace shall follow the Disability Accommodations for Employees and Applicants Procedure.
In the event of any contradiction between the DSS Guidelines and this Procedure or the Disability Accommodations Policy, the Disability Accommodations Policy and this Procedure shall take precedence, in that order.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy.
B. All other capitalized terms in this Procedure have the following meanings:
1. 504 Plan means a document created for a Student with a Disability by their current or prior secondary school, which may or may not be in writing, that provides specific accommodations, supports, or services that will be provided to the Student at the Student’s secondary school.
2. Accommodation File means the Accommodation Request, any communications between the Student and DSS, the Faculty Member, and/or the Authorized Employee, any decision from a Fundamental Alteration Review Committee, the decision regarding the Accommodation Request, and any other information contained in the DSS portal related to the Student’s Accommodation Request.
3. Accommodation Request means a completed Disability Accommodation Request Form submitted through DSS’s online disability accommodation portal.
4. ADA means the Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126 as amended by Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), 42 U.S.C. § 12101 et. al.
5. DSS means the Office of Disability Support Services.
6. DSS Internal Guidelines means general rules, principles, recommendations or instructions published by DSS on the DSS website, which includes information about specific accommodations and relevant processes related to as well as contact information for DSS staff and other information relevant to the accommodation process:
• Documentation for Learning Disabilities
• Personal Aides
• Attention Deficit/Hyperactivity Disorder
• Testing Accommodations
• Sign-Language Interpreters/Transcribers
• Reader or Lab Assistant for Students with Disabilities
• Notetakers
• Equipment Loans
• Faculty and Student Audio Agreements
7. Faculty Member means the faculty member who is teaching course or program of study in which the Academic Requirement that is the subject of an Accommodation Request is required.
8. Individualized Educational Plan (IEP) means a document from the Student’s current or prior secondary school describing the services the Student will receive from the Student’s secondary school, including special education, related, supplementary, and extended school year services.
9. Provisional Disability Accommodation means a Disability Accommodation that is granted on a temporary basis while the Student obtains documentation to support eligibility for a Disability Accommodation.
10. Request for Reconsideration means a request by the Student to review the decision of DSS and determine whether the decision was correct.
11. Temporary Injury or Illness means a non-recurring medical condition of short duration, generally six (6) months or less. Examples of Temporary Injuries and Illnesses include broken limbs, manual injuries, mobility issues, concussions, and impairments resulting from surgical recovery.
IV. Types of Accommodations that May Be Considered
A. A Qualified Student with a Disability may be eligible for a Disability Accommodation, in order to participate in Academic Requirement, Co-Curricular Program, or Service, based on the circumstances.
B. Examples of Disability Accommodations that may be provided include, but are not limited to, the following:
1. Classroom Accommodations:
a. Breaks during class to attend to health needs
b. Intermittent absences to attend medical appointments
c. Extension of time for coursework
2. Testing Accommodations:
a. Extension of time for testing
3. Auxiliary aids and services
a. Sign Language interpreters
b. Amplification systems
V. If a requested Disability Accommodation would impose an Undue Hardship on the College, cause or fail to mitigate a Direct Threat, and/or cause a Fundamental Alteration to an Activity, the College will reasonably accommodate the Student’s Disability to the extent that it can do so without causing an Undue Hardship or Direct Threat to the College, or Fundamental Alteration, even though such a Disability Accommodation would be partial in nature.
A. Where there is more than one (a) reasonable manner in which a Disability Accommodation can be provided that would not pose an Undue Hardship, pose a Direct Threat, or cause a Fundamental Alteration, the College is not obligated to provide the Disability Accommodation that is preferred by the Student, except that in determining what types of auxiliary aids and services are necessary to ensure effective communication, the College will give primary consideration to the requests of individuals with disabilities.
VI. Accommodation Request
A. Student Disability Accommodation Requests will only be granted by DSS and may not be granted by other Employees.
B. A Student who is unable to participate in an Activity because of the Student’s Disability must submit an online Accommodation Request and upload the required documentation set forth in the Section V.I.v below through the DSS portal.
C. Students may make an appointment with a DSS specialist online or by emailing DSS@dos5.net. At least four days before the appointment, Students should submit disability documentation by email to DSS@dos5.net or fax to 410-777-4070.
D. Students can obtain a physical form from DSS and submit the Accommodation Request to DSS, make a request by telephone to DSS, or make a request in person at the DSS Office.
E. If a Student needs assistance due to a Disability in submitting a written accommodation request, the Student should contact DSS at 410-777-1411 or come to the DSS office in person at the Student Union Building, Room 140.
F. If an Accommodation Request is made to an Employee, the Employee must forward the request to DSS and instruct the student to contact DSS if they wish to utilize accommodations DSS may require the Student to complete and submit the Accommodation Request online if the information provided is not sufficient to evaluate the request.
G. If an applicant for admission to the College is seeking a Disability Accommodation to complete the application or class registration process, the Office of Admissions and Enrollment Development or Office of Records & Registration will direct the applicant to DSS for assistance.
H. Timelines
1. A Student must submit an Accommodation Request as early as possible, in some cases at least thirty (30) days prior to the start of classes to allow the College time to make arrangements for the Accommodation and have a consistent delivery of the services throughout the term.
2. At a minimum, a Student must submit an Accommodation Request with an adequate amount of time prior to the desired onset of the Activity to enable the faculty member to implement the accommodation before the beginning of the Activity.
3. Accommodation Requests received by DSS less than thirty (30) days prior to the beginning of a term will be completed as quickly as possible but may not be completed by the beginning of the term, due to the volume of requests.
4. An Accommodation Request seeking sign language interpreter services, books in alternative format, a lab assistant, and/or assistive technology that is submitted less than thirty (30) days prior to the beginning of the term cannot be guaranteed that the accommodations will be in place by the first day of class.
5. If the Student does not submit the Accommodation Request by the deadline set forth above, the College’s ability to grant the Accommodation Request may be limited if the Activity has taken place prior to the College being able to process the Accommodation Request; however, to the extent that a reasonable extension to allow the Accommodation Request to be processed, DSS will work with Faculty Member or Authorized Employee to grant such extensions, when practicable.
I. In the Accommodation Request, the Student must provide:
1. A description of the Disability and its duration;
2. The Activity at issue;
3. The limitations caused by the Disability and how those limitations impact the Student’s performance of or participation in the Activity;
4. The Disability Accommodation the Student and/or the Healthcare Provider believes will enable performance of or participation in the Activity; and
5. The following Required Documentation:
a. A comprehensive evaluation report from within the past three (3) years provided on letterhead with the signature of a Healthcare Provider that includes the following information:
i. Diagnosis of the Student’s Disability;
ii. Description of the difficulties and functional limitations in an Activity because of the Student’s Disability;
iii. Indication of the severity and duration of the Disability;
iv. The current treatment plan, if relevant to accommodation planning; and
v. Recommendations for reasonable Disability Accommodations.
b. If a comprehensive evaluation report that diagnoses the Student’s Disability is not available, the Student must submit a Disability Verification Form completed by a Healthcare Provider.
i. Written documentation and verification, including diagnosis of the Disability and the appropriate tests administered, should be within the past three (3) years so the DSS specialists can make the necessary decisions regarding accommodations.
ii. The nature of the Disability will dictate whether the documentation is timely and acceptable.
c. For a Student who does not have an evaluation report or access to a Healthcare Provider, DSS specialists can provide the Student with a list of evaluation referral resources, upon request.
d. A Student may also submit secondary school information, such as an Individual Education Plan (IEP) or 504 Plan in addition to the above documentation, but such documents should also include a psycho-educational report. Current high school students may submit IEP or 504 plans in lieu of such documentation.
e. Additional documentation that may be required for certain Disabilities is described in the DSS Guidelines.
6. Students must request an appointment with DSS through the DSS online portal when submitting their request. Disability documentation must be submitted at least four (4) days before the appointment.
7. If an accommodation request is made to a Faculty Member or Authorized Employee, the Faculty Member or Authorized Employee must forward the request to DSS.
8. While use of the Disability Verification Form is not required to request a Disability Accommodation, the form is designed to obtain sufficient information for the College to respond effectively to the Student’s request for a Disability Accommodation. Not using the forms or providing incomplete information may delay the accommodation process due to the additional time needed to clarify the Student’s needs and related medical information.
VII. Communications regarding Accommodation Requests
A. All written communications with the Student and decisions will be sent to the Student, with a copy to the Faculty Member or Authorized Employee, using the Student’s College-issued email address through the DSS online portal.
B. The Student is responsible for responding to communications in a timely manner, and failure to do so may result in the Accommodation Request not being granted prior to the need for the Disability Accommodation.
C. All documents related to the Accommodation Request will be maintained in the portal and are available to the Student at any time.
VIII. Evaluation of Accommodation Requests
A. Documentation of Disability
1. DSS, in consultation with the Faculty Member and/or the Authorized Employee, may approve the Disability Accommodation after discussing the Accommodation Request with the Student without engaging in an extensive interactive process or requesting documentation of the Disability if:
a. The Student’s Disability and the need for a Disability Accommodation are readily apparent;
b. The requested Disability Accommodation enables the Student participate in or have access to an Activity;
c. The requested Disability Accommodation is reasonable; and
d. The requested Disability Accommodation does not constitute an Undue Hardship, does not cause or fail to mitigate a Direct Threat, and does not create a Fundamental Alteration of an Activity.
2. If documentation is needed to support the existence of a Disability, DSS will request that the Student submit the Disability Verification Form, described above, from a Healthcare Provider.
3. DSS may also ask that the Student sign a written consent form for the release of information in the event that DSS may need to contact the Healthcare Provider to clarify any of the information provided. A Student’s refusal to sign the consent form can result in denial of the Accommodation Request.
4. Medical documentation is sufficient if it substantiates that the Student has a Disability and needs the Disability Accommodation requested. Sufficient medical documentation should describe the nature, severity, and duration of the Impairment, the activity or activities that the Impairment Substantially Limits, the extent to which the Impairment limits the Student’s ability to perform the Activity, and should also substantiate why the requested Disability Accommodation is needed.
5. If DSS determines that the documentation is not sufficient to establish that the Student has a Disability, DSS will explain to the Student why the documentation is insufficient and allow the Student an opportunity to provide more complete information.
6. If the Student and the Healthcare Provider do not provide sufficient information to substantiate that the Student has a Disability and needs a Disability Accommodation, DSS may contact the Healthcare Provider with the Student’s consent, to explain why the documentation is insufficient.
7. Documentation might be insufficient if, for example:
a. The Healthcare Provider does not have the expertise to give an opinion about the Student’s medical condition and the limitations imposed by it;
b. The information does not specify the functional limitations due to the Disability; or
c. Other factors indicate that the information provided is not complete or credible or is fraudulent.
8. If a Student provides insufficient documentation, DSS will not approve a Disability Accommodation until sufficient documentation is provided but may grant a Provisional Disability Accommodation, as noted below.
B. Determination of Whether the Student is a Qualified Individual with a Disability
1. DSS will determine whether the Student’s condition qualifies as a Disability under the ADA and whether the Student meets the definition of a Qualified Individual.
2. If DSS is unsure whether a condition qualifies as a Disability or the Student is a Qualified Individual, DSS must consult with the Office of General Counsel.
3. If, after this consultation, DSS determines that the Student’s condition does not qualify as a Disability or the Student is not a Qualified Individual, DSS will notify the Student in writing of this determination and the basis for determination.
C. Interactive Dialogue
1. If DSS determines that the Student has a Disability and is a Qualified Individual, DSS will evaluate the Accommodation Request by taking any of the following actions as part of an interactive dialogue with the Student:
a. Requesting that the Student provide additional information about the Accommodation Request, including any possible alternative Disability Accommodations that may meet the Student’s needs;
b. Determining whether the Accommodation Request relates to an Essential Function of the Activity and if so, whether the Accommodation Request is reasonable;
c. Consulting with the Faculty Member and/or Authorized Employee(s) about whether the Accommodation Request can be granted without creating an Undue Hardship, Direct Threat, or Fundamental Alteration of an Activity; and/or
d. Requesting information from other Employee(s) who may have relevant information regarding the Accommodation Request, such as whether similar Accommodation Requests have been granted.
2. If the Faculty Member and/or Authorized Employee(s) asserts, or DSS determines, that the Accommodation Request is not reasonable, a different Disability Accommodation would be preferable, or that granting the Accommodation Request would create an Undue Hardship, Direct Threat, or Fundamental Alteration of an Activity, DSS may offer a different Disability Accommodation to the Student and engage in an interactive dialogue with the Student.
a. If the Student accepts the Disability Accommodation that was offered by DSS, DSS will send a written decision to the Student, granting the agreed-upon Disability Accommodation.
b. If the Student does not accept the Disability Accommodation that was offered by DSS, the Student may offer a different Accommodation for DSS to consider, in consultation with the Faculty Member and/or Authorized Employee(s), and if accepted, DSS will send a written decision to the Student, granting the agreed-upon Disability Accommodation.
c. If DSS and the Student cannot reach an agreement on a different Disability Accommodation, DSS will consider whether an Undue Hardship, Direct Threat, or Fundamental Alteration exists.
D. Determining the Existence of an Undue Hardship
1. In determining whether an Accommodation Request poses an Undue Hardship, DSS will consider the practical and financial impact on the overall resources of the College and the standards or structure of the Activity, including but not limited to, the following relevant factors:
a. The type of Activity for which the Accommodation is requested;
b. The identifiable cost of the Accommodation in relation to the size and operating costs of the College, which include, but are not limited to:
i. Direct monetary costs;
ii. Impairment of the safety of the College campus, Employees, Students, or the Activity;
iii. Whether the proposed Accommodation conflicts with a law, regulation, policy, procedure, or practice;
iv. Infringement on other Employees’ or Students’ rights or benefits or the public that affect the conduct of the College’s business;
v. Payment of premium wages, additional employees, or administrative costs that result in substantial increased costs to the College; and/or
vi. The impact on College contracts or agreements.
c. After considering this information, DSS will determine whether an Undue Hardship would be created by granting the Accommodation Request.
E. Determining Whether a Direct Threat Exists
1. DSS will consider the following information in determining whether providing the requested Accommodation to the Student causes or fails to mitigate a Direct Threat to the Student or others that cannot be eliminated or reduced to an acceptable level by a Disability Accommodation or provision of Auxiliary Aids and Services.
2. The determination that an individual poses a Direct Threat must be based on an individualized assessment of the individual's present ability to safely engage in the Essential Function of the Activity.
3. This assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.
4. In determining whether an individual would pose a Direct Threat, the factors to be considered include:
a. The duration of the risk;
b. The nature and severity of the potential harm;
c. The likelihood that the potential harm will occur; and
d. The imminence of the potential harm.
F. Determining the Existence of a Fundamental Alteration
If the Faculty Member, Authorized Employee, and/or DSS believes that the Accommodation Request would cause a Fundamental Alteration, DSS will follow the Fundamental Alterations Review Procedure.
1. The Fundamental Alterations Review Committee will make a determination as to whether a Fundamental Alteration would be caused by granting the Accommodation Request and provide such determination to DSS in accordance with the Fundamental Alterations Review Procedure.
2. The decision of the Fundamental Alterations Review Committee is binding on DSS, cannot be grieved, and may only be appealed as set forth in the Appeals Section below.
G. Decision on Accommodation Request
1. DSS will review the information provided by the Student, will consult with the Faculty Member, Authorized Employee, and/or other individuals as necessary, and will make the final determination whether to approve or deny specific Disability Accommodations.
2. DSS may deny a Disability Accommodation if, in DSS’s opinion, granting the Accommodation Request would result in:
a. The Student not being able to perform the Essential Functions of the Activity with or without the Accommodation;
b. An Undue Hardship to the College;
c. A Direct Threat, which cannot be eliminated by a Disability Accommodation; or
d. A Fundamental Alteration to an Activity.
3. DSS may consult with the Office of General Counsel, as needed, prior to making a determination.
4. If there are no grounds to deny the Accommodation Request, in general, primary consideration will be given to the Disability Accommodation requested by a Student, unless there is another equally effective accommodation.
5. In such circumstances, DSS will identify an effective alternative Disability Accommodation taking into consideration the timeliness, accuracy, and appropriateness of the Disability Accommodation.
6. If DSS determines that the Accommodation Request is reasonable, enables the Student to perform the Essential Functions of the Activity, and does not result in an Undue Hardship, cause or fail to eliminate a Direct Threat, or cause a Fundamental Alteration, DSS will send a written decision to the Student, granting the Disability Accommodation and, if necessary to implement the Disability Accommodation, will send a copy to the Faculty Member and/or Authorized Employee(s).
a. The written decision may provide a due date for an Activity.
b. Any substitute or make-up work or class(es) that is granted as part of a Disability Accommodation that must be intrinsically no more difficult than required in the original Activity.
7. If DSS determines that the Accommodation Request is not reasonable, the Student is not able to perform the Essential Functions of the Activity with or without Accommodations, or that the Accommodation Request causes an Undue Hardship or causes or fails to eliminate a Direct Threat, or creates a Fundamental Alteration, DSS will determine if there is an alternative way to accommodate the Student that is reasonable, allows the Student to perform the Essential Functions of the Activity, and does not create a Undue Hardship, Direct Threat, or Fundamental Alteration, and if so, will offer a different Disability Accommodation and engage in an interactive dialogue with the Student.
a. If the Student accepts the Disability Accommodation that was offered by DSS, DSS will send a written decision to the Student, granting the agreed-upon Disability Accommodation.
b. If the Student does not accept the Disability Accommodation that was offered by DSS, DSS will send a written decision to the Student, denying the Accommodation Request and stating the reasons for denial.
8. DSS selects note-takers, readers, scribes and sign language interpreters as set forth in the DSS Guidelines.
H. Duration of the Disability Accommodation
1. If a Disability Accommodation is granted, the decision will specify an expiration date for the Accommodation, which will generally be granted for the semester in which it is requested.
2. A decision to grant a Disability Accommodation applies only to the Activity described in the Accommodation Request and does not constitute a policy or universal decision for future Accommodation Requests.
3. To the extent the Student seeks a Disability Accommodation to another Activity, the Student is required to submit another Accommodation Request and follow this Procedure.
4. Continuing Students must renew their accommodations request each term by logging on to the online portal with their AACC credentials. When prompted, select ‘Student’ and follow the process to renew accommodations for the current or upcoming term. No appointment is needed unless the Student is requesting different or additional accommodations. Students are requested to submit their renewal request at least thirty (30) days prior to the beginning of a term.
5. If a Disability is expected to be temporary, a Disability Accommodation may be provided for a fixed period, with the possibility of extension, if needed by the Student.
6. DSS will maintain a copy of the Accommodation Request, any communications with the Student, and the written decision to the Student (collectively, the “Accommodation File”), in the DSS online portal, for three (3) years after the decision is issued .
IX. Implementing Disability Accommodations
A. The Faculty Member(s) or Authorized Employee(s) is responsible for implementing any Disability Accommodations granted to the Student.
B. Students are responsible for promptly notifying DSS if they believe an approved Disability Accommodation is not being provided or is not effective and needs to be modified.
C. The College is responsible for covering the cost of an approved Disability Accommodation, not the Student receiving the Disability Accommodation.
D. If the Student fails to satisfactorily complete any alternative Academic Requirement by the due date specified in the decision, the Faculty Member may respond in the same manner as the Faculty Member would as if the original Academic Requirement was not satisfactorily completed.
E. Except as necessary to implement the Disability Accommodations, information regarding the basis for the Disability Accommodation shall be provided only to those Employees who need to know the information to perform their job duties, and will otherwise remain confidential.
F. DSS and any Employee responsible for implementing an Accommodation must make every attempt to respect the privacy of the Student when making or implementing an Accommodation (for example, it is not appropriate to announce to the class that a Student has an alternative assignment because of a Disability).
X. Monitoring and Modifying the Disability Accommodation
A. Because circumstances may change, DSS, the Faculty Member(s), or Authorized Employee(s) should inform DSS of any concerns that they have or that are brought to their attention regarding the ongoing effectiveness of Disability Accommodations.
B. The most effective way to monitor Disability Accommodations is to encourage ongoing communication with the Student.
C. Disability Accommodations remain in effect through the date included in the written decision unless the Student is notified by the College of a change in writing.
D. The College has the right to modify or discontinue a previously granted Disability Accommodation if the Disability Accommodation subsequently poses an Undue Hardship on the College, causes or fails to eliminate a Direct Threat, or causes a Fundamental Alteration.
E. Before modifying or discontinuing a Disability Accommodation, the College will determine if there are alternative Disability Accommodations that would not impose an Undue Hardship on the College, Direct Threat, or Fundamental Alteration.
F. A Student also has the right to request additional or different Disability Accommodations, as the Student’s Disability may change over time.
G. DSS will conduct regular student satisfaction surveys to monitor the effectiveness of accommodations.
XI. Request for Reconsideration of Accommodation Decisions
A. Within three (3) Business Days of the denial of an Accommodation Request being sent to the Student, a Student may submit a Request for Reconsideration to the Director of DSS at dss@dos5.net, which must include the following a brief statement of the reasons that the denial of the Accommodation Request or the granting of a different Disability Accommodation that the one requested should be modified or overturned and any additional information they wish to provide in support of the Request for Reconsideration.
B. The Director of DSS will review the Request for Reconsideration, and the Accommodation File, and decide whether to accept, overturn, or modify DSS’s decision on the Accommodation Request within five (5) Business Days.
C. The Director of DSS will send the decision to the Student in writing, and if a Disability Accommodation is granted or modified, will send a copy of the decision to the Faculty Member or Authorized Employee.
XII. Appeals
A. A Student may appeal a decision made by the Director of DSS by submitting an Appeal Form in writing to the Dean of Student Success no later than three (3) Business Days after the decision being sent to the Student.
B. No other individual, department, or office, including the Faculty Member or Authorized Employee, may appeal the granting of a Disability Accommodation to a Student.
C. The Dean of Student Success or designee will review the Appeal Form and Accommodation File and decide whether to accept, reject, or modify the Director of DSS’s decision on the Accommodation Request within five (5) Business Days.
D. The Dean of Student Success will send the decision to the Student, and if a Disability Accommodation is granted or modified, will send a copy of the decision to the Faculty Member(s) or Authorized Employee(s).
E. The decision of the Dean of Student Success is final and may not be further appealed or grieved.
XIII. Provisional Disability Accommodations
A. A Student who submits an Accommodation Request who is unable to present current or complete documentation of their Disability may be granted Provisional Disability Accommodations to allow the Student to receive Disability Accommodations on a temporary basis while the Student obtains the Required Documentation to support eligibility for Disability Accommodations.
B. A Provisional Disability Accommodation will not be granted for more than thirty (30) days, unless an extension is granted by DSS due to extenuating circumstances beyond the control of the Student in obtaining the Required Documentation.
C. A Student may request an extension of the Provisional Accommodation by making a request to DSS and describing the extenuating circumstances in writing.
D. Extension of a Provisional Disability Accommodation is not guaranteed.
E. DSS will notify the Student, Faculty Member, and/or Authorized Employee in writing of the Provisional Disability Accommodations and the date it will expire if the Required Documentation is not received, as well as extensions to the Provisional Disability Accommodations.
F. Once the Required Documentation is received, DSS will review the Accommodation Request in accordance with the procedures set forth above, and DSS will notify the Student, Faculty Member, and/or Authorized Employee if the Provisional Accommodation will be continued, modified, or ended in writing and if continued, will include a new expiration date.
XIV. Temporary Illnesses or Injuries
A. If a Student experiences a Temporary Injury and Illness, the Student may submit an Accommodation Request.
B. The Required Documentation for a Temporary Injury or Illness must indicate the current impact of the condition and provide an estimated time of recovery.
C. DSS may provide Provisional Disability Accommodations to a Student with a Temporary Injury or Illness, if appropriate.
XV. Service Animals
Students are not required to request Accommodations in order to bring a Service Animal to an Activity or when utilizing a Service but are required to follow the provisions of the Animals on Campus Procedure.
XVI. Deadlines. Any deadlines set forth in this Procedure may be extended for good cause and with notice in writing to the Student.
XVII. Confidentiality of Records
A. DSS will document in writing all requests for Disability Accommodation and the conversations during the interactive process and will maintain the information in a secure, online case management system.
B. Information in the case management system shall be treated as confidential, except as necessary to administer the Disability Accommodation process or implement an approved Disability Accommodation, including the following:
1. Without providing Faculty Members, Authorized Employees, and other employees access to medical information of the Student, DSS may inform such individuals regarding Disability Accommodations and how to implement them; and
2. Students who may need assistance during evacuation events are encouraged to self-report disabilities to the Office of Public Safety (emergency manager) to enable prompt assistance in the event of an emergency requiring evacuation.
C. DSS will maintain a copy of the Accommodation File, as part of the Student’s education record, for five (5) years after the decision is issued.
D. All disclosures of information regarding the Accommodation File are subject to the Family Rights and Privacy Act and the accompanying regulations (collectively, “FERPA”), and information sharing will be governed by the provisions of FERPA.
E. Release of information to those outside of the institution, other than to the Student, is not permissible unless the Student authorizes the release of academic, personal, psychological or medical information by signing a Student Information Release Form.
XVIII. Complaints
A. Internal Complaint. If a Student(s) believes that they have been wrongfully denied a Disability Accommodation, have been retaliated against for making an Accommodation Request, and/or otherwise have been subjected to disability discrimination, the Student may file a complaint with the College’s Chief Compliance and Fair Practices Officer in accordance with the College’s Equal Opportunity and Nondiscrimination Policy and Discrimination and Sexual Harassment Complaint Procedures.
B. External Complaint
1. Although Students are encouraged to attempt to resolve complaints using the College’s internal complaint procedures set forth above, Students have the right to file a complaint directly with the external agency authorized to accept such complaints or pursue other remedies available to them under state or federal law.
2. A Student may file complaints of violation of Section 504 of the Rehabilitation Act with the following agencies:
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov
Philadelphia Office
Office for Civil Rights
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: 215-656-8541
FAX: 215-656-8605; TDD: 800-877-8339
Email: OCR.Philadelphia@ed.gov
3. A complaint regarding violation of Americans with Disabilities Act may be submitted to the U.S. Department of Justice, www.ada.gov/complaint/ or at:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section 1425 NYAV
Washington, D.C. 20530
Fax: (202) 307-1197
a. The Department of Justice complaint process is described at www.ada.gov/filing_complaint.htm.
b. For questions about filing an ADA complaint, a Student may call the
ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY) or 202-307-0663 (voice and TTY).
Procedure Title: Student Disability Accommodations Procedure
Policy Category: General
Policy Owner: President
Policy Administrator: Dean of Student Success
Contact Information: Bonnie Garrett; bjgarrett@dos5.net; 410-777-2503
Approval Date: December 18, 2023
Effective Date: September 16, 2024
History: Previously contained in the DSS Manual
Applies to: All Students
Related Policies: Disability Accommodations Policy
Related Procedures:
Forms/Guidelines:
Relevant Laws: