Nondiscrimination on the Basis of Disability Regulation

University Policy 501.1, Nondiscrimination on the Basis of Disability Regulation

Executive Summary: 

Consistent with the requirements of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as amended, the University shall operate its programs, activities, and services to ensure that no qualified individual with a disability shall be excluded from participation in, be denied benefits of, or be subjected to discrimination solely by reason of his/her disability. This regulation also sets forth procedures for complaints of discrimination based on disability.

I. Purpose

1.   To define the policy of The University of North Carolina at Charlotte regarding compliance with the applicable standards of nondiscrimination on the basis of disability as described in the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990 (ADA), and the ADA Amendments Act of 2008, hereinafter referred to as "the Acts."

2.   To outline the procedures by which those individuals alleging discrimination under the provisions of the Acts may seek redress.

II. Regulation

Consistent with the requirements of the Acts, the University and all members of the faculty and staff shall operate its programs, activities, and services to ensure that no qualified individual with a disability shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any such program, activity, or service solely by reason of his/her disability.

III. Responsibility

1.   The Associate Provost for Academic Services shall serve as the Compliance Officer responsible for proper administration and implementation of this Regulation and the University's responsibilities under the Acts.

2.   The Office of Disability Services shall report to the Compliance Officer on activities conducted by the University in compliance with the Acts. These activities may include the preparation of all required reports, the coordination of activities among divisions and departments, and the provision of assistance to persons with disabilities.

3.   The Associate Vice Chancellor for Human Resources shall be responsible for compliance with the Acts in hiring and promotion of SPA employees. The Associate Provost for Academic Budget and Personnel shall be responsible for compliance in hiring and promotion of EPA employees. The reasonable accommodation of disabled applicants and employees is a responsibility of the employing department/office. When it is determined that an accommodation is required, the appropriate University officials will determine a reasonable response. The Acts do not require that a qualified applicant or employee with a disability be hired or promoted. However, the ADA does make it unlawful for a selecting official or a selection committee to discriminate against a qualified individual with a disability on the basis of disability.

4.   The Associate Vice Chancellor for Facilities Management, in conjunction with the Office of Disability Services, shall be responsible for identification and, after approval by the appropriate administrator, implementation of accessibility in new construction and in projects that require alterations or modifications to facilities and grounds.

IV. Implementation

In general, the Acts define a person with disabilities to include a person who (1) has a physical or mental impairment that substantially limits one or more major life activities (functions such as performing manual tasks, walking, seeing, hearing, speaking, breathing, or learning); (2) has a record of physical or mental impairment; or (3) is regarded as having a substantially limiting physical or mental impairment, even though the impairment is insubstantial, or a reflection of the attitudes of others, or nonexistent.

1. Students

All students with disabilities who require University assistance with campus accommodations, academic adjustments, or auxiliary aids shall identify themselves to the Office of Disability Services as soon as they are aware that they require assistance. Students are not eligible for services from the Office of Disability Services unless they identify themselves to that office and provide appropriate documentation of disability. Students are not eligible for assistance retroactively prior to such identification.

Once a student with one or more disabilities has been admitted to the University and has identified himself/herself to the Office of Disability Services, that office shall work with the various academic departments that will be serving the student to provide necessary assistance or information on accommodations specific to his/her disability. The Office of Disability Services shall work with the student in locating any necessary educational auxiliary aids and services, acquisition or modification of equipment or devices, or other similar services and actions deemed necessary as educational aids to ensure programmatic and campus accessibility.

2. Employees

Once an employee with disabilities has been employed, or once an existing employee identifies himself/herself as disabled, the Office of Disability Services shall work with the employing department/office to provide consultation and assistance on accommodations specific to the employee's disability.

3. Students and Employees

The University shall not assume any responsibility for the provision of attendants, individually prescribed devices, readers for personal use or study, or any device or service of a personal nature. The arrangements for these types of services are entirely the responsibility of the individual student or employee.

The University will use all resources available, including public agency and private donations, to fund the purchase of assistive technology and academic support. While the University will strongly consider requests from students that a specific type of assistive technology or academic support be provided, the University maintains the right to make a final decision about its choice of such educational aid.

V. Complaints of Discrimination on the Basis of Disability

1. Student Complaints of Discrimination on the Basis of Disability

a. If a student is not able to resolve an issue informally, he or she should bring a complaint of discrimination on the basis of disability to the attention of a counselor in the Office of Disability Services.  If the issue remains unresolved, the student should bring it to the attention of the Director of Disability Services.  The Director of Disability Services will consult with the ADA Compliance Officer and with others as part of the resolution process.

b. Should the complaint not be resolved through the Office of Disability Services to the satisfaction of the student, he/she may file a formal grievance through the Office of the Dean of Students. University Policy 411, Student Grievance Procedures can be found online at: http://legal.uncc.edu/policies/up-411

2. Employee Complaints of Discrimination on the Basis of Disability

a. An employee who has a complaint of discrimination on the basis of disability should bring the matter to the attention of the University administrator he/she believes may be able to resolve the problem. That person is normally the employee's immediate supervisor. The administrator selected by the employee should confer with the Director of the Office of Disability Services, the Compliance Officer or the Affirmative Action Officer for clarification of requirements and standards, advice, and other assistance in an effort to obtain an informed, fair, and equitable response to and resolution of the informal complaint.

b. Should the complaint not be resolved to the satisfaction of the employee, he/she may file a formal grievance in accordance with the grievance procedures applicable to the employee (e.g., SPA staff, EPA staff, faculty or senior administrative officer).

3. A summary record of every complaint should be forwarded to the Compliance Officer indicating the nature and resolution of the complaint.

Revision History: 

Authority: Chancellor

Responsible Office: Academic Affairs

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