Procedure No.:   03.003

Page No.:        1,2 and 3 of 3

Date Issued:     07/26/92

Issued By:       Personnel/Gary North

PURPOSE:

Ohio University recognizes the spirit and the letter of the Americans with Disabilities Act (ADA) of 1992. Therefore, in accordance with this federal law, no qualified individual with a disabilitv shall be discriminated against or excluded from: consideration for employment; participation in or the benefits of the services, programs or activities of Ohio University. This policy establishes a compliance procedure to implement and enforce the provisions of the ADA. The Office of Amrmative Action has the responsibility to monitor and coordinate all activity which comprises Ohio University's response to the ADA.

DEFINITION:

An individual with a disability is defined as an individual who:

• has a physical or mental impairment that substantially limits one (1) or more major life activities;

• has a record of such impairment;

• is regarded as having such an impairment.

Examples of individuals who are covered under this definition include:

• individuals with permanent vision or hearing loss;

• individuals with mobility impairments;

• individuals with mental or psychological disorders including mental retardation;

• individuals with cosmetic disfigurements;

• individuals with serious contagious and non-contagious diseases such as AIDS, cancer, or epilepsy.

Generally, individuals who have temporary limitations are not considered disabled under the ADA.

COVERAGE:

Issues requiring accommodation and compliance by Ohio University are:

• All phases of the employment process including hiring, promotion, discipline, termination and retirement (Title I);

• ublic services such as activities, residence halls, programs, conferences, workshops, theater, or transportation (Title II);

• Public accommodation including services, facilities, and dining halls (Title III);

• Telecommunications services and devices (Title IV); and

• Insurance coverage &;non-retaliation guarantees (Title V).

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PROCEDURE:

All employees and representatives working for Ohio University shall report any issue involving an individual who has identified themselves as disabled to the Office of Affirmative Action. It is important that all instances be reported even when the accommodations are made immediately because a significant part of showing compliance with the ADA involves establishing a record of reasonable accommodation. The ADA 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.

COMPLAINT PROCEDURE:

The following procedure will be used to insure compliance and to accommodate complaints from individuals who have identified themselves as disabled and requiring accommodation under the ADA:

NOTICE

Employee, applicant, student or member of the public identifies themselves as disabled as defined by the ADA and requests an accommodation from an employee or representative of the university.

ACTION

Employee or representative of Ohio University notifies the Office of Affirmative Action regarding the nature of the complaint and action taken, if any to accommodate the individual. While every effort should be made to work with individuals requiring accommodation, employees and representatives of Ohio University shall not make commitments for accommodation which involve changes to policy, programs or require funding without first notifying the Office of Affirmative Action.

RESPONSE

The Office of Affirmative Action, University Personnel Services and involved departments, after consulting with the individual complainant, seek a reasonable accommodation as a solution. Every effort will be made to balance the need for employees or representatives of the university to have information and the disabled individual's interest in not having information disclosed.

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(COMPLAINT PROCEDURE - cont'd)

               REASONABLE ACCOMMODATION REQUIRED
                      /                     |
                     /                      |
                    /                       |
                   /                        |
             IF YES              IF YES
    and the university and       but the complainant
    complainant agree on         and the university do
    proposed accommodation,      not agree on the proposed
            |                    accommodation,
            |
            |
            |               OR

 IMPLEMENTATION               IF NO
    with a periodic review       and the complainant wants
    by Affirmative Action        a further review, the Vice
    To insure success            President for Administration
                                   for Administration shall appoint
                                a three person ad hoc committee
            |                    to review the proposed                          
                                accommodation
            |                   
                               
            |
            |
            |                 RECOMMEND TO EITHER
            |                     /    |
            |                    /     |                        
    NEW ACCOMMODATION PROPOSAL, or
                       UPHOLD THE INITIAL PROPOSAL

Dick Piccard revised this file (http://www.ohiou.edu/policy/s03-003.html) on February 27, 2003.

Please E-mail any comments or suggestions to "polproc@www.ohiou.edu".