SH&A April 2014

Salome Heyward & Associates Conference Services

The Role of Faculty

In theAccommodation Process

April 21 - 22, 2014Presented by

Salome Heyward, JD

SH&A April 2014

Key Compliance Issues

• Balancing Competing Principles• The Deliberative Process• It’s about “Meaningful Access”• Student Responsibilities• The Role of Faculty• Legitimate Concerns• Compliance Mistakes

SH&A April 2014

You Must Remember This…

• Basic Misunderstandings

Two Equally Important Principles

Asking the Right Question

Striking the Balance

• The Deliberative Process

The Role of Disability Service Providers

Determining Essential Requirements

Exercise Due Diligence

SH&A April 2014

A Deliberative Process

There must be an individualized assessment that includes consideration of:

1. The individual’s functional limitations and the relevant impact on his/her ability to participate or perform

2. The essential elements and requirements of the program, course of study, job or activity

3. The impact the requested accommodation(s) would have on the program/work environment, as well as on the individual

SH&A April 2014

A Deliberative Process (cont.)

• A timely and appropriate response to requests• The involvement of appropriate experts• Full exploration of accommodation options including

offering equally effective alternatives, if necessary• A well reasoned professional judgment free from

bias and/or discrimination• Provision of due process including offering

individuals a fair and reasonable opportunity to cure deficiencies, specific reasons for the determination and a right to appeal

SH&A April 2014

The Goal of Accommodation

Provide “meaningful access” through:• Equally effective access to programs,

benefits and services• Offering the same range of services and

options/choices• “The most integrated setting appropriate”• “Effective communication”

SH&A April 2014

Student Responsibilities

Fully participating in the accommodation process by:

1. Exercising due diligence to make the process work

2. Satisfying the obligation to be qualified

3. Engaging in a fair and objective dialog concerning accommodation options

4. Not transferring or abdicating their role to parents or other agents/advocates

SH&A April 2014

Student Responsibilities (cont.)

Using accommodations provided in an appropriate manner:1. Participating in a timely and reasonable manner

2. Adhering to and respecting the purpose for which the accommodations are provided

3. Maintaining proper relationships with those who provide the services

4. Reporting problems regarding accommodations to the proper office in a timely and reasonable manner

SH&A April 2014

The Role of Faculty

• Articulate legitimate academic standards and requirements;

• Control and manage the classroom environment;

• Facilitate the accommodation process;• Adhere to the institution’s process and

procedures; and• Respect the expertise of disability

specialists

SH&A April 2014

Legitimate Concerns & Issues

Academic principles that are entitled to protection include:The qualified status of students, Academic or program integrity, The provision of extra instructional services; The health and safety of third parties in a

clinical environment; and Undue financial and administrative burdens.

SH&A April 2014

Compliance Mistakes

• Permitting faculty members to unilaterally determine whether a student has a disability and/or should be accommodated.

• Ignoring the fact that students have been denied approved accommodations by faculty.

• Categorical denials: pop quizzes, make-up exams, rigid attendance policies, et. al.

SH&A April 2014

Compliance Mistakes (cont.)

• Permitting faculty members to impose additional requirements for receipt of academic adjustments, auxiliary aids and services, or to modify the conditions under which they will be provided once they have been designed and approved by the office designated to make such determinations.

• Provision of accommodations in a manner that results in students being denied equal educational opportunities

SH&A April 2014

Compliance Mistakes (cont.)

• Employing methods of administrations that render the accommodations ineffective.

• Rendering disability based decisions without the involvement of disability experts;

• Designing and offering instructional materials without regard to lack of access to emerging technology; and

• Failure to resolve disagreements concerning the provision of accommodations.

SH&A April 2014

Ongoing Controversies

• Accommodation objections: tape recording; incapability with the clinical environment; access to professors’ notes, etc…

• Complaints of negative and/or offensive faculty behavior… does it equal harassment, interfere with or adversely impact the participation of students and/or does it create a culture of discrimination

• Parental encroachment

SH&A April 2014

Avoiding Discriminatory Treatment

• Disparate treatment based upon the existence of a disability;

• Denial of opportunities in response to the need for particular accommodations;

• Failure to provide “effective” accommodations;• Failure to modify requirements or standards that

are not “essential” program objectives; and/or• Not addressing inappropriate or discriminatory

behavior of faculty