Section I. General Policy Guidelines

1. Obtaining Information Concerning Disabilities and Accommodation

1. Applicants. Applicants seeking employment with the University can obtain information concerning accommodations in the application process from the Employment Services Section, Human Resource Services.

2. Employees or Supervisors. Employees or supervisors can obtain information concerning disabilities and accommodation from the Office of Institutional Equity. Employee requests for information, and the provision of information by an Institutional Equity staff member concerning disabilities and accommodation is not considered a part of the accommodation process.

Section II. General Procedures

1. Initiating the Accommodation Process

1. Applicants. Applicants for employment can initiate a request for accommodation by contacting the Employment Services Section, Human Resource Services, or their recruiting contact. A recruiting contact that receives a request for accommodation shall immediately notify the Employment Services Section of such request so that the official processing of the request can begin.

2. Employees. Employees can initiate the accommodation process by requesting an accommodation for a disability from the Office of Institutional Equity; or by making such a request to the employee's immediate supervisor, either verbally or in writing.

3. Supervisors. Supervisors who receive a request for accommodation shall immediately notify the Office of Institutional Equity, so that the official processing of the request can begin.

Any supervisor who, in the course of job performance counseling, is informed by an employee that a physical or mental condition may be affecting the employee's work performance shall refer the employee to the Office of Institutional Equity, and notify that office of such referral.

Upon receipt or referral of an accommodation request from an applicant or an employee, the Office of Institutional Equity shall begin the accommodation process. For a current employee, the process will involve, in appropriate cases, verifying the disability for which the accommodation is requested, contacting the supervisor to determine or verify essential job functions and, after a determination that the disability is covered under the law, engaging in or facilitating discussions with the employee and supervisor concerning possible accommodations.

In situations where the impairment, the degree of impairment, or the major life activities affected by the impairment are non-apparent, applicants or employees will be required to provide written documentation concerning the impairment at the time an accommodation is requested.

Documentation of a disability will be required when a disability and/or need for accommodation is not obvious.

2. Processing the Accommodation Request

Upon receipt or referral of an accommodation request from an applicant or an employee, the Office of Equal Opportunity Services shall begin the accommodation process. For a current employee, the process will involve, in appropriate cases, verifying the disability for which the accommodation is requested, contacting the supervisor to determine or verify essential job functions and, after a determination that the disability is covered under the law, engaging in or facilitating discussions with the employee and supervisor concerning possible accommodations. In situations where the impairment, the degree of impairment, or the major life activities affected by the impairment are non-apparent, applicants or employees will be required to provide written documentation concerning the impairment at the time an accommodation is requested.

3. Documentation of a Disability

The documentation provided by an applicant or employee must be from a qualified health care professional and must clearly identify and describe the following:

1. Applicant or Employee Responsibility

An applicant or employee shall provide the Office of Institutional Equity with adequate documentation from a qualified health care professional of a non-obvious disability or impairment. Reasonable accommodations will not be provided prior to the receipt of adequate documentation as determined by the Office of Institutional Equity.

2. Documentation Requirements

1. The specific impairment(s) causing the disability;

2. The major life functions or activities affected by the impairment; and

3. The degree of limitation to those functions and activities caused by the impairment.

3. Non-receipt of Documentation

If the Office of Institutional Equity does not receive the required documentation and information from the health care provider within six (6) weeks of being informed of a disability by the applicant or employee, it will notify the applicant or employee and request that he or she contact the health care provider. If the Office of Institutional Equity does not receive the required information within two (2) weeks of this notification to the applicant or employee, the request for accommodation will be canceled for lack of necessary information.

4. Receipt of Documentation

After receiving the documentation from the health care provider, the Office of Institutional Equity will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, the Office of Institutional Equity can request that the applicant or employee obtain additional or clarifying information from the health care provider.

5. Independent Medical Opinion

The Assistant Vice President ("AVP") of the Office of Institutional Equity has the authority to obtain, at University expense, an independent medical opinion concerning the impairment for which an employee seeks an accommodation. The failure of an employee to cooperate in obtaining such an opinion will result in the cancelation of the request for accommodation.

4. Disability Determination

The Office of Institutional Equity shall determine if the applicant or employee has a substantially limiting impairment of a major life activity that prevents the individual from performing one or more essential application or job functions, or from enjoying the same benefits and employment privileges as are enjoyed by similarly situated employees without disabilities. In cases of persons with non-apparent disabilities, this determination shall be made after receipt and review of adequate documentation from a health care provider.

Measures that correct or mitigate a physical or mental impairment, and the effects of those measures, shall be considered in determining whether an individual is substantially limited in a major life activity.

5. Reasonable Accommodation Determination

When an applicant is found to have a disability covered under the law, the Office of Institutional Equity will work with the individual to make accommodations to the application process.

When an employee is found to have a disability covered under the law, the Office of Institutional Equity will work with the individual and the department head to identify and discuss accommodations that will enable the individual to perform the essential functions of the job or enjoy the same benefits and privileges as similarly situated employees without disabilities.

6. Confidentiality

Information acquired during the processing of accommodation requests under disability law by the Office of Institutional Equity is not obtained as part of psychological counseling and is not subject to the confidentiality regulations applicable to such counseling services.

Any records or information obtained by the Office of Institutional Equity as a part of the accommodation process that reflect diagnosis, evaluation, or treatment of an employee's medical or mental health condition are confidential and shall be maintained by the Office of Institutional Equity in a separate file. Such records shall be shared with only those University employees who have a need to know in order to implement the accommodation process; and shall not be released except as required by law.

7. Complaint Procedures

1. Applicant or Employee. Any applicant or employee who believes that he or she has been denied a reasonable accommodation, discriminated against on the basis of disability, or retaliated against due to an accommodation request is encouraged to make a complaint to the AVP of the Office of Institutional Equity. The complaint should be made as soon as possible after actions that are believed to be discriminatory have occurred, but not later than twenty (20) working days after occurrence. The time for bringing a complaint can be waived for good cause as determined by the AVP of the Office of Institutional Equity.

2. Supervisor or Other Administrator. Any supervisor or other administrator who receives a written or oral complaint of disability discrimination from an employee shall forward it immediately to the AVP of the Office of Institutional Equity for investigation.

3. Office of Institutional Equity Decision. The AVP of the Office of Institutional Equity shall investigate the complaint and provide a written decision within a reasonable time, not to exceed thirty (30) working days from its receipt. A copy of the decision will be provided to the complainant and the affected administrative unit.

4. Appeal of the Decision. The complainant or the affected administrative unit may appeal the decision within ten (10) working days of its receipt to the AVP of the Office of Institutional Equity. The AVP of the Office of Institutional Equity shall review the appeal and provide a written report to the appropriate vice president.

5. Determinations. The appropriate vice president will, based on the report provided by the AVP of the Office of Institutional Equity, make a final decision on the matter within a reasonable time, not to exceed twenty (20) working days from its receipt.