Procedure No. 4.2

Adopted: 12/10/99
Revisions Approved: 5/3/17, 7/31/18

Area: Board of Trustees

Description: PROCEDURES FOR PROVIDING SERVICES TO STUDENT WITH DISABILITIES

I. GENERAL INFORMATION

Definition of Disability

 

A person with a disability is defined as an individual who has or is regarded as having any mental or physical condition that substantially impairs or restricts one or more major life activities such as performing normal tasks, walking, seeing, hearing, speaking, breathing, learning and working. This includes, but is not limited to, such disabling conditions as visual impairments, psychological/emotional disabilities, speech and/or hearing impairments, mobility impairments or learning disabilities. 

Equally Effective Communication and Equal Access

 

The Right To Succeed: Atlantic Cape Community College believes that all students are entitled to an equal opportunity to succeed academically.

A college student with one or more disabilities has the right to equal access to educational opportunity, and equally effective communication. This right is provided under the Rehabilitation Act and the Americans with Disabilities Act. In some cases, in order to have equal access or equally effective communication, the student may need reasonable accommodations or auxiliary aids in the classroom and other areas of the campus. For purposes of this policy, both reasonable accommodations/modifications and auxiliary aids are referred to as “accommodations”

Eligibility

 

Eligibility for student accommodations is based on medical and/or other professional documentation of disability as well as the impact the disability has on the students’ access to their education. Contact the Assistant Director of The Center for Accessibility (CFA) for information about appropriate documentation of disabilities. Call (609) 343-5680, email cfa@atlanticcape.edu or stop in the Office of Counseling and Student Support. Please note this is an individualized process, and will vary based on student needs. It is the responsibility of the student with a disability to identify himself/herself as having a disability and to request academic adjustments, auxiliary aids and/or modifications necessary to receive equal access to the College’s program, activities and services. The person with a disability can initiate self-identification by seeking assistance from The Center for Accessibility. Students who self-identify elsewhere will be referred to the Center for Accessibility.

Provision of Accommodations

 

In order to receive accommodations in a timely manner students are encouraged to schedule a meeting with the CFA for documentation review and individualized need assessment. The process for obtaining  accommodations is as follows:

  1. To make an accommodation request students must first contact the Center for Accessibility. This can be done via phone (609) 343-5680, email cfa@atlanticcape.edu, or by stopping by the CFA office on the first floor of J-Building.
  2. At this time an intake meeting will be scheduled with the students assigned CFA counselor, at the students earliest convenience. Please note, this meeting can be held in person, via Skype, or by phone at the request of the student.
  3. Submit appropriate documentation. On or before the intake meeting, students must submit documentation, which includes a diagnosis of medical condition(s) and sufficient information regarding the impact on the students ability to perform and/or function. Documentation must support the need for the accommodations requested. Please consult the CFA guidelines for examples of acceptable documentation. The documentation can be submitted in one of three ways.
  4. Sending as an email attachment to: cfa@atlanticcape.edu
  5. Faxing to (609) 343-5680
  6. Bringing the documentation to the intake appointment
  7. Determination: Upon completion of the intake, The Center for Accessibility will review the submitted documentation. Students will receive a response within 10 business days with one of the following application statuses:


Accommodation(s) Approved: when a student’s request for accommodation(s) has been approved, the student will be required to schedule a follow up meeting with their assigned counselor to finalize the process for receiving accommodation(s). This meeting can be done in person, via Skype, or by phone.

More Information Needed: when a student’s request for accommodation(s) cannot be approved due to insufficient documentation the student will be notified via email that will specifically outline the additional documentation or information needed. The rational for this determination will be provided.

Accommodation(s) Not Approved: when a determination is made that the student is not entitled to the accommodation(s) requested, the student will receive notice of the denial with a detailed explanation as well as an explanation of the students rights via email.  A student may request a follow up meeting with the Center for Accessibility in order to further discuss the rationale for the denial, and to advise the student of his/her right to seek reconsideration and to appeal the determination. 

 

Areas of Responsibility For Providing Accommodations

 

  • The Center for Accessibility (CFA) does not have the sole responsibility for providing accommodation(s) for students with disabilities. Rather, it is the function of this office to assist and enable all areas of the college to meet mandated responsibilities. Recommendations for the services will be developed in consultation with the appropriate faculty, staff, administrators, and students.
  • Faculty are requested to inform students about services available to them through the CFA
  • Atlantic Cape Community College is committed to ensuring that all accommodations are implemented in a timely manner under the supervision of the Center for Accessibility.

 

II. RIGHTS & RESPONSIBILITIES

Students Responsibilities

 

  1. It is generally the student's responsibility to self-disclose their disability to the Center for Accessibility so that accommodation(s) can be provided in a timely manner. It is also the student's responsibility to provide the appropriate documentation supporting their request for accommodation(s).
  2. A student who is entitled to extended time on a test is to follow the procedures listed below.
  3. A student who disagrees with the determination of a request for accommodation(s) has the right to dispute this determination to the ADA/504 Coordinator. Students are responsible for notifying the CFA if they have any problems or difficulties regarding approved accommodation(s).
  4. The decision to request and or utilize accommodations is solely the decision of the individual student.

 

Faculty Members' Responsibilities

 

  1. Faculty members will be presented with a Center for Accessibility “ADA Accommodation Letter” by the student citing specific accommodations that are to be provided for that specific course.
  2. Additional accommodation(s) may be requested at any time, and may not be enumerated in the initial Accommodation Letter.
  3. The nature of the accommodation must not fundamentally alter essential course content or essential requirements for satisfactory course completion.
  4. A faculty member who disagrees with an accommodation recommended by the Center for Accessibility must provide the accommodation until the disagreement is resolved. Faculty should contact CFA immediately to discuss the disagreement.
  5. The faculty member will be notified by the CFA if a student expresses concern about the manner in which an accommodation is administered. Concerns will be mitigated in consultation with the student, faculty, and CFA.
  6. Written instructions from the instructor are required for the testing center if the testing center is to be used for extended time testing. The CFA is to be informed if there are any problems making the necessary arrangements with the testing center.
  7. Be advised that the Atlantic Cape Community College Center for Accessibility is the main point of contact for issues related to ADA compliance for all faculty members serving students. CFA can be reached at  cfa@atlanticcape.edu and/or (609) 343-5680
  8. If a student makes a disability related complaint or request to any faculty member the Assistant Director of the Center for Accessibility must be contacted IMMEDIATELY to ensure an appropriate and timely resolution.
  9. It is the responsibility of the faculty to ensure that all classroom materials are made accessible to students with disabilities. The CFA will offer assistance If faculty are unable to make any class material accessible. Please contact Chad Bullock the CFA Adaptive Technology Specialist at cbullock@atlanticcape.edu with any concerns.
  10. Faculty members are required to attend accessibility training on the creation of accessible materials. These are offered several times a semester both in person and as a webinar. Click here for the schedule.

 

Center for Accessibility Rights and Responsibilities

 

  1. The CFA ensures that no qualified individual with a disability shall be excluded from or denied the benefit of any service, program, or activity at Atlantic Cape Community College.
  2. The CFA will provide trainings (in person, and web based) each semester to faculty and staff on ACCC’s accessible technology policy, common technological accessibility barriers, accepted accessibility standards and the creation of accessible materials for students. The schedule is posted on the college website. Additionally, the CFA is available to assist with questions related to the accessibility of materials.
  3. The CFA will timely respond to any and all requests for reasonable accommodations at all points within the semester including after accommodation letters have been issued.
  4. The CFA will provide ongoing trainings to students on the use of assistive technology and accommodations, overview of the CFA and ADA/504 Coordinator and responsibilities of each, ACCC’s accessible technology policy, and ACCC’s grievance policy and procedures. This schedule will be posted on the CFA website.
  5. The CFA acts as the liaison between CFA students and faculty.

 

III. GUIDELINES FOR ACCOMMODATIONS

Electronic & Information Technology

 

In accordance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, Atlantic Cape Community College is committed to ensuring all electronic and information technologies (EIT) are fully accessible to students with disabilities. This includes but is not limited to those with visual, auditory and/or manual impairments and/or students who require the use of assistive technologies to access course content. No qualified individual with a disability will be denied participation in, and/or the benefits of EIT at Atlantic Cape Community College.

The CFA will ensure that all electronic technology purchased, licensed, or deployed to students is accessible to students with disabilities, particularly those with visual, auditory and/or manual impairments. In addition, every effort will be made to ensure that all acquired web based EIT is in compliance with WCAG 2.0 AA standards. Please contact Chad Bullock, Director, Center for Accessibility at cbullock@atlanticcape.edu, (609) 343-5107, or stop by the CFA with questions and/or concerns.  

Extended time for tests and examinations:

 

  1. The student in conjunction with faculty and testing center personnel are responsible for scheduling their exam with the Testing Center at least 5 days in advance of the exam.
  2. Extended time tests (duration to be determined at time of intake based on provided student documentation) may be proctored by someone designated by the Director of the Center for Accessibility in consultation with the director of testing services at the specific campus where the test is to be taken, or by the faculty member giving the exam.
  3. Every effort will be made to ensure the student is able to take the test at the same date and time as their peers.
  4. It is faculty responsibility to ensure the testing center has the exam before the test date. Under no circumstances are students to transport their tests and/or examinations to the Testing Center. Security of the test materials is then provided by the Testing Center staff. The faculty member may pick up the test or arrange for delivery under secure conditions.
  5. Proctors who act as scribes and/or readers for CFA students will read test items exactly as given. Proctor readers will not provide additional information, interpretation or definitions about test items unless specifically included as part of the modifications provided to students.
  6. Tests will be administered in accordance with written instructions from the instructor.
  7. Instructors are responsible for ensuring that students are provided the same information and guidance as their peers regarding the exam.

 

Extended Time for Written Assignments

 

To be provided on a case-by-case basis after consultation with the student, the course instructor and the Assistant Director of the Center for Accessibility.

 

Audio Recording of Class Lectures 

 

Permitted for each student who has been given the accommodation by the CFA. The College may require the student to sign a Recording agreement specifying limited use of the taped material. 

Note Takers

 

To be provided for students who, because of disabilities, need assistance with taking lecture notes during class sessions. This need must be specifically defined in the documentation provided by the student. Note takers are not required to attend class and take notes when it is known that the student receiving this service will be absent for any reason. Note taking software and assistive technologies that specifically assist in note taking are available to all CFA students with this approved accommodation. 

Sign Language Interpreters

 

The student who qualifies for this service is responsible for contacting the Interpreter, as much in advance as possible, when the student will not be attending class. 

Aides/Personal Assistants

 

The College does not provide Personal Aides or Assistants. It does not provide services of a personal nature, which includes assistance in transporting, eating, toilet usage, and dressing, etc. If students have questions on how to obtain a personal care attendant the CFA will provide pertinent referral information. 

Specialized Equipment

 

The College does not provide personal devices such as wheelchairs, and individually prescribed devices such as hearing aids. Information on modified or specialized equipment available at the college may be obtained in the office of Counseling and Student Services, as well as the Center for Accessibility. 

Building and Room Location

 

When necessary, classes may be moved to an accessible location to accommodate a student with impaired mobility, or under documented special circumstances. This determination shall be made, by the Assistant Director of CFA. The Assistant Director will consult with the student, faculty member and the head of the department for the specific course regarding the selection of an alternate location. 

Course Substitution

 

  1. Course substitution will be considered as a reasonable accommodation if supported by documentation and provided the substitution does not fundamentally alter the nature of the academic program in which the student is enrolled or excuse the student from courses that are integral to that program.
  2. This decision shall be made by the Academic Dean of the Division of the student's major field in consultation with the student, appropriate faculty, the Director of CFA, and/or the ADA/504 Coordinator.

 

Transportation

 

  1. If a field trip is scheduled for a class in which a disabled student is enrolled and transportation is provided by the college, the transportation will be accessible to individuals with disabilities.


Field trips and field experiences for courses that have enrolled students with disabilities must be made to accessible sites. If there is an insurmountable barrier to providing access to a site that is essential to the course or program, students with disabilities denied access must be provided an alternative educational experience that offers comparable and equal instructional benefits. 

 

IV. DISPUTED REASONABLE ACCOMMODATION

If the documentation on file does not support the student's request for a specific accommodation, the student will be informed via email within ten business days of the request as follows:
  1. Specific reasons for the determination
  2. The need, if any, to provide specified additional documentation
  3. To schedule a meeting with CFA personnel to discuss alternative accommodations and/or to schedule a meeting to discuss reconsideration and appeal of the determination

 

V. DISCRIMINATION AND HARASSMENT

  1. Atlantic Cape Community College policies prohibit discrimination and harassment in its educational programs, activities or employment and admissions practices, as required under Section 504 and the Americans with Disabilities Act (ADA). Inquiries regarding Section 504 and ADA compliance may be directed to the 504/ADA Coordinator.
  2. Atlantic Cape Community College personnel are prohibited from denying any disabled student who is otherwise qualified, with or without reasonable academic adjustments, auxiliary aids and modifications, from participation in any program, service or activity.
  3. Atlantic Cape Community College will ensure that all opportunities afforded to students are afforded equally to students with disabilities consistent with the requirements of ADA and Section 504.

 

VI. LEGAL COMPLIANCE

The 504/ADA Coordinator of the college will be responsible for legal compliance and investigation of grievances for students with disabilities. In the event of a dispute regarding compliance with applicable laws, college policy or the appropriateness of specific reasonable modifications/accommodations or auxiliary aids, the following procedure should be followed: 

 

ADA/504 Grievance Procedure

 

If a student believes that he or she has been discriminated against and/or suffered harassment in connection with any Atlantic Cape Community College program or activity because of a disability, he or she has the right to submit a grievance to have their concerns formally addressed. No qualified student with a disability shall be denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under any college program or activity. The procedures below apply to any discrimination and harassment by employees, students and/or third parties. Any form of retaliation against individuals who complain about discrimination and/or harassment, file grievances, or participate in the grievance process is strictly prohibited. 

Grievances Covered

 

These grievance procedures are applicable to grievances arising from disagreements regarding requested accommodations, accessibility barriers to any Electronic and Information Technology used on campus, and/or other complaints alleging that Atlantic Cape Community College has violated applicable disability anti-discrimination law.  It should be noted that nothing in these procedures shall be deemed to require Atlantic Cape Community College to fundamentally alter its programs by modifying or waiving academic requirements that are essential to a course of study, or materially altering applicable codes of conduct important to health or safety.  Please note that all complaints and grievances must be filed within 180 calendar days of the alleged act, in writing or via audio recording. Additionally, The Center for Accessibility will self-report to the Atlantic Cape Community College’s ADA/504 Coordinator in the event that a complaint cannot be resolved within the CFA. 

Informal Grievance Process

 

The complainant can file an informal grievance by first contacting the Assistant Director of CFA, who (acting directly or through a designee) shall attempt to resolve the matter through informal consultations with the complainant, the Director of Counseling and Support Services, and/or other appropriate administrators over a period not to exceed ten business days. If the resolution of any such complaint shall be documented by a statement signed by the student and ACCC that the complaint was resolved and describing the manner in which it was resolved. If the complaint is not resolved to the complainant’s satisfaction in a timely manner, the student may initiate a formal grievance process as described below. Please note that the complainant has the right to file a formal grievance at any time. Furthermore, the CFA office will self-report any instance when a complaint cannot be resolved to the ADA/504 coordinator within 2 business days; no written complaint by the affected student shall be required in such instance.  

Formal Complaint Process

 

An individual who believes that discrimination or harassment has occurred may file a formal grievance whether or not the student had previously engaged in the informal process above. If accommodations are required to submit a complaint, The Center for Accessibility will provide accommodations.  The formal complaint must include the following information:

  1. A full description of the problem and any relevant facts;
  2. If prior to filing a formal complaint, the complainant or anyone on his/her behalf took steps to resolve the problem, please provide a summary of the steps taken.”
  3. A statement of the requested resolution and the complainant’s rationale for the requested accommodations;
  4. Any supporting documentation; and
  5. The name, contact information and signature of the person initiating the complaint.

The ADA/504 Coordinator may interview or consult with the complainant and any other individual the he/she believes to have relevant information, including faculty, staff, and students. Additionally, all interested parties have the opportunity to provide any relevant evidence including witnesses and documentation.

The ADA/504 Coordinator will provide the results of their investigation to the student, the CFA, and the individual(s) against whom the grievance was filed, and a proposed resolution, if any, within ten business days. Possible resolutions may include but are not limited to, corrective steps and measures to provide reasonable accommodations or a determination that the complainant is not entitled to the accommodations requested. If discrimination is found to have occurred, appropriate corrective and remedial action will be taken. The ADA/504 Coordinator will promptly communicate the resolution to the complainant and the relevant department or other individuals in writing within two business days of the ruling. The decision of the ADA/504 Coordinator will be final and any actions taken in response will complete the grievance process. Regardless of the final result of the formal grievance process all parties involved retain the right to file a complaint with the Department of Justice Civil Rights Division or any appropriate state or federal agency or in court.

To file an ADA complaint, visit www.ada.gov/filing_complaint.htm. To file an ADA complaint you may also send the information requested at www.ada.gov/fact_on_complaint.htm to:

 

US Department of Justice 950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section 1425 NYAV
Washington, D.C. 20530
Fax: (202) 307-1197

 

You may also file a complaint online at www.ada.gov/complaint/.

If you have questions about filing an ADA complaint, please call:

ADA Information Line: (800) 514-0301 (voice) or (800) 514-0383 (TTY).

Main Section Telephone Number: (202) 307-0663 (voice and TTY)

 

Complaints may also be filed with the Department of Education, Office of Civil Rights.

You may also mail this pdf: https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf to:

US Department of Education Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Ave, SW Washington, DC 20202-1100
 

Confidentiality

 

The complainant’s confidentiality shall be maintained by each person involved in the informal and/or formal investigation or resolution of a student grievance under this policy. Any disclosures regarding the complainant or the investigation, including any disclosures of clinical information provided by the student, shall be limited to the minimum necessary to accomplish the investigation or address the grievance with appropriate authorization. Upon the resolution of the complaint, all notes, correspondence and other documents relating to the grievance shall be transferred to the Center for Accessibility for storage in a confidential and secure manner.