Americans with Disabilities Act (ADA) Compliance

I. REASON FOR THIS POLICY

Dakota State University is committed to fostering and maintaining an accessible and inclusive University-wide culture and environment. This policy and its procedures facilitate University compliance with the applicable requirements of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, state law, and its implementing regulations and amendments.

II. DEFINITIONS

1. Americans with Disabilities Act (ADA). A wide-ranging federal civil rights law that prohibits discrimination based on disability.
2. Disability. A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment, as defined by the ADA at 42 U.S.C. § 12102 et seq.
3. Qualified Individual with a Disability. A person with a disability who, with respect to education, meets the standards set forth in 42 U.S.C. § 12132, or any amendments thereto and regulations derived therefrom; or, with respect to employment, a person with a disability who meets the standards articulated in 42 U.S.C. § 12111, or any amendments and regulations derived therefrom.
4. Reasonable Accommodation. A modification or adjustment to a policy, procedure, or practice, or auxiliary aid or service, provided to a qualified individual with a disability to enable the person to: 1) participate in educational programs and activities; 2) perform the essential functions of a job; 3) apply for admissions or apply and interview for employment; 4) access University facilities and events; or 5) have equal use and enjoyment of a University residence hall. Any accommodation that poses an undue hardship is not a reasonable accommodation as articulated in U.S.C. § 12101.
5. Section 504. Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.

1. In accordance with the ADA, Section 504 of the Rehabilitation Act, and applicable state law, and consistent with SDBOR and University policies on prohibited discrimination and harassment, the University prohibits discrimination in employment and educational programs against qualified individuals with disabilities.

2. ADA Compliance Officer (All-inclusive DSU Operations). The Vice President for Human Resources, or successor, shall serve as the All-inclusive DSU Operations ADA Compliance Officer, the principal planner for University programs, policies, and procedures to facilitate University compliance under the ADA, Section 504 of the Rehabilitation Act, applicable state law, SDBOR, and University policies for persons with disabilities. Responsibilities of the All-inclusive DSU Operations ADA Compliance Officer shall include, but are not limited to, the following:

   1. Maintaining current information regarding state and federal laws and regulations;

   2. Understanding and communicating best practices on rights and accommodations for persons with disabilities;

   3. Ensuring University-related information is readily available on services, accommodations, policies, and demographics related to persons with disabilities;

   4. Providing required notices about ADA/504 requirements;

   5. Coordinating University information and responsibilities relating to responses to requests for employment accommodation, employment modifications, and employment policies for employees with disabilities;

   6. Coordinating University information and responsibilities for responses to University student requests for accommodation;

   7. Facilitating compliance with the ADA, applicable legislation, and policies regarding campus accessibility issues in collaboration with other offices, including facilities;

   8. Maintaining, establishing, and overseeing University grievance policies;

   9. Providing programming, training, and advice on compliance to all sectors of the University community;

   10. Collaborating as a resource with the University Title IX Coordinator; and

   11. Monitoring the University’s compliance with affirmative action obligations with regard to individuals with disabilities

3. Student Disability Services. The University Office of Disability Services is responsible for organizing the University’s responses to requests for accommodation and provision of housing and academic services that support the needs of students with disabilities.

4. Employment. The University Office of Human Resources is responsible for coordinating the University’s responses to related employment issues such as hiring processes; job performance and evaluation; benefits including vacation, personal, and sick leave; and University compliance with state and federal employment laws such as FMLA and Workers' Compensation.

5. Facilities Management. The University Facilities Management Office shall promote compliance with campus physical access.

6. Information Technology and Marketing/Communications. The Offices of Information Technology and University Marketing/Communications shall identify, implement, maintain, and renew accessible information systems, including but not limited to, web presence, academic support systems, and administrative information infrastructure; and ensuring accessibility for students, faculty, staff, and public users in accordance with the ADA, Section 508 of the Rehabilitation Act, and the W3C Web Content Accessibility Guidelines (WCAG 2.0).

7. Reasonable Accommodation: Employment, Education, Events. The University shall process requests for reasonable accommodations in accordance with the South Dakota Human Relations Act of 1972, SDCL Ch. 20-13, Titles I and II of the Americans with Disabilities Act, amendments thereto, and their implementing regulations, and Section 504 of the Rehabilitation Act, as applicable.

   1. Employment. The University shall provide reasonable accommodations in employment to a qualified individual with a disability unless the individual poses a direct threat to the health and safety of the individual or others that no reasonable accommodation would eliminate or reduce to an acceptable level.

   2. Education. The University shall provide reasonable accommodations to a qualified individual with a disability to enable the individual to meet essential elements of the academic program, unless no reasonable accommodation would eliminate a significant threat to the health and safety of others posed by the individual participating in the academic program.

   3. Activities and Events. Any department or University-recognized organization that coordinates or sponsors an activity or event open to the University community, campus visitors, or the public shall promote a clear process by which an individual may request accommodation in advance of need, shall provide reasonable accommodation for the event, and shall work in consultation with the University ADA Coordinator, Office of Human Resources, or the Office of Disability Services to determine such a process or identify resources to meet accommodation requests.

   4. Individual students, faculty, staff, campus visitors, or members of the public are responsible for identifying themselves as a qualified individual with a disability when seeking an accommodation or adjustment. It is also the responsibility of individual students, faculty, and staff to document their disability and to demonstrate how the Americans with Disabilities Act Compliance Page 4 of 6 disability limits their ability to complete the essential functions of their job or how the disability limits a student’s participation in academic programs or activities of the University.

8. Standards of Performance. Students, faculty, and staff who receive reasonable accommodations shall maintain institutional standards of performance.

9. Retaliation. Retaliation against a qualified individual with a disability for utilizing this policy and any provisions established thereunder is prohibited.
   

Exclusions
There are no exclusions unless expressly defined by law. Any exclusions shall be authorized in writing by the University President.

Exceptions
There are no exceptions unless expressly defined by law. Any exceptions shall be authorized in writing by the University President.

IV. PROCEDURES (MAJOR)

1. Employee-Initiated Requests for Reasonable Accommodation.
   1. A qualified individual employee with a disability who seeks accommodation or other work modification will request reasonable accommodation to their supervisor and notify the Office of Human Resources. The ADA Compliance Officer, or successor, shall be responsible for ensuring application of a fair and consistent process for verifying a disability and providing reasonable accommodation and for maintaining the University's employment records that relate to the disclosed disability. The ADA Compliance Officer shall interact with employees, supervisors, and administrative decision-makers to facilitate communication and agreement about accommodation for employees with disabilities.
   2. The ADA Compliance Officer shall verify that the individual is a qualified individual with a disability and coordinate the University's response when determining appropriate accommodation. Every effort shall be made to balance the need for employees or representatives of the University to have information in order to fulfill an accommodation request and the disabled individual's interest in maintaining privacy of protected health information.
2. Student-Initiated Requests for Reasonable Accommodation. A student with a disability who seeks reasonable accommodation shall follow these procedures:
   1. Contacts the Office of Disability Services.
   2. Completes the Request for Disability Services form online.
   3. Provides recent (no older than three years) medical or other diagnostic evaluation of the disability. Documentation shall include, as appropriate, physical description and medical or clinical conditions provided by a qualified physician, psychologist, psychiatrist, or other appropriate healthcare provider. The University has no obligation to provide reasonable accommodations without sufficient, specific documentation.
   4. Discusses reasonable accommodations with the ADA Disabilities Coordinator before the school year starts after the Disabilities Coordinator verifies that the individual is a qualified individual with a disability and coordinate the University's response when determining an appropriate accommodation.
3. Applicant-Initiated Requests for Reasonable Accommodation.
   1. Qualified individuals who require reasonable accommodation to access or submit an application for employment should contact the Office of Human Resources.
   2. Prospective students who require reasonable accommodation to access or submit an application for any academic program, financial aid, housing, or co-curricular program should contact the Office of Disability Services.
4. Public-Initiated Requests for Reasonable Accommodation.
   1. Individuals who require reasonable accommodation to access or participate in any University program should contact the Office of Human Resources (ADA Compliance Officer), or successor unit. Concerns about physical or architectural access may be communicated to the Disability Services Coordinator where they will be redirected to the appropriate University office.
5. Review of Decisions to Deny Requested Accommodations.
   1. In the event that a reasonable accommodation cannot be agreed upon or is denied, individuals may seek review of a department or unit decision to deny implementation of a requested accommodation.
   2. With regard to education: Review of decisions to deny requests for accommodation in an educational program or activity may be made to the University ADA Compliance Officer, who will review and attempt to resolve the dispute informally through interactive dialogue with all parties involved and in consideration of the entire situation. If an informal resolution is not possible, the ADA Compliance Officer shall forward the request for review to the Title IX Coordinator per SDBOR Policy 1:18.
   3. With regard to employment:
      1. Review of decisions to deny requests for accommodation in the application process or workplace may be made to the University ADA Compliance Officer, who will attempt to resolve the dispute informally through interactive dialogue with all parties involved and in consideration of the entire situation.
      2. In the event that an informal resolution is not possible, the ADA Compliance Officer shall forward the request for review to the Title IX Coordinator per SDBOR Policy 1:18.
   4. Although the preferred accommodation will be provided where reasonable, planning units may provide reasonable alternative accommodation where appropriate.
   5. Federal disability law requires that any accommodation be evaluated in light of the total resources and function of the University and not simply from a given department’s resources or function
6. Filing a Discrimination Complaint.
   1. Individuals who believe that they have been discriminated against in any education program or activity or employment situation at the University on the basis of having a disability, a record of a disability, being regarded as disabled, or having association or affiliation with a person who has a disability, may file a complaint with the Title IX Coordinator pursuant to this policy and SDBOR Policy Human Rights Complaints Procedures 1.4.3. (C.5).
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V. RELATED DOCUMENTS, FORMS, AND TOOLS 

Request for Disability Services Form
ADA Housing Exemption Process
DSU Meal Plan Exemption Form
Emotional Support Animal Request Form

VI. POLICY HISTORY

Adopted: 10/23/1992
Revised: 07/15/2008
Revised: 04/29/2024