UNIVERSITY OF SOUTH FLORIDA

Policies and Procedures Manual

 

Subject of Policy Statement

Effective Date

Policy Number

 

Disability and Accommodations

(Public/Employees/Students)

 

Rev: 05/15/07

 

0-108

I.  INTRODUCTION (Purpose and Intent)

It is the policy of the University of South Florida (University/USF) to comply fully with the requirements of the Americans with Disabilities Act of 1990 (ADA) and all other federal and state laws and regulations prohibiting discrimination on the basis of disability or handicap.  (Please see also USF Policy Number 0-007, Diversity and Equal Opportunity: Discrimination and Harassment.)

II.  STATEMENT OF POLICY

A.  PUBLIC ACCOMMODATIONS

Sponsors of programs and events, such as campus cinemas, lectures and speakers, must advise potential attendees who may require reasonable accommodation to participate, that such accommodation must be requested of the program sponsor at least five (5) working days prior to the event.  (A sample request form may be found at http://www.usf.edu/eoa/documents/ADA_Request_for_Public_Accommodation_Form.doc)  Normally, the accommodation will be provided and funded by the program sponsor, however, requests for assistance and questions may be directed to the USF Diversity and Equal Opportunity Office (813-974-4373).  Final decisions on USF Public Accommodations issues will be made by the Executive Vice President and CFO on behalf of USF.

B.  EMPLOYEES

1. Application

a. USF is an Equal Opportunity/Equal Access university.

b. Applicants are entitled to request reasonable accommodation in the application process.   A request is to be made at least five (5) working days prior to the time the accommodation is needed.

c. USF may make pre-employment inquiry as to an applicant's ability to perform essential job functions with or without reasonable accommodation and invite an applicant to give five (5) working days notice of any reasonable accommodation needed during the recruitment/hiring process.  Otherwise, USF will not make pre-employment inquiry as to disability.  Medical/disability records must be maintained separately from the official personnel file in the Division of Human Resources.

d. Pre-employment physical exams may be required for those positions for which there is a bona fide job-related physical requirement.  However, if such exams will be required of persons with a disability then those exams must also be required of all individuals seeking the positions after conditional job
offers are made.

2.  Employment

USF prohibits discrimination against its employees on the basis of disability, as provided by law, and is committed to providing accessibility and reasonable accommodation to its employees with regard to any aspect of employment including fringe benefits, training, conferences, meetings and recreational/social activities sponsored by USF. 

To request a reasonable accommodation an employee of the University must:

Using the designated accommodation request form (http://usfweb2.usf.edu/usfpers/procedures/Forms%20TOC.htm) specify the requested accommodation(s) and submit the information to the Employee Relations Department of the Division of Human Resources (“Employee Relations”).

Attach documentation of the diagnosis of a disability from the employee's health care practitioner (e.g., medical doctor, psychiatrist, psychologist, physical therapist, vocational rehabilitation specialist).  Such documentation is to include sufficient evidence that the employee has a physical or mental impairment that substantially limits one or more major life activities.

Upon request from the Division of Human Resources, the employee's supervisor will provide Employee Relations with a written statement outlining the potential impact of the requested accommodation(s) upon the department.

After consulting with the employee, supervisor, and other required parties, as applicable, Employee Relations will, if appropriate:

Offer the employee in writing an effective reasonable accommodation.

Assign an Accommodation Request Number (ARN) for internal processing needs of the University.

University employees scheduled for domestic or international travel who are requesting an ADA reasonable accommodation for such travel must submit their requests a minimum of ten (10) working days in advance of the scheduled travel.

The initial responsibility for funding the cost of a reasonable accommodation rests with the employee's department.  Should a department demonstrate to the next highest administrative level that sufficient funds do not exist, the department head should refer a request for co-funding to the next highest administrative level.  Final decisions on how to fund reasonable accommodations will be made by the Executive Vice President and CFO. Denied accommodation requests may be appealed in writing by an employee to the Associate Vice President, Human Resources.  Such appeals must be filed
within ten (10) calendar days of the employee's receipt of the denial of the accommodation request.

C.  STUDENTS

1.  Admissions  

a. The University of South Florida does not give pre-admission consideration to disability issues.  All applicants are considered for admission based on the same criteria and are expected to meet the minimum admission requirements in effect at the time of application.  Applicants who are denied admission may be eligible to request an appeal of the decision to the Faculty Committee on Student Admissions as designated in the Letter of Denial and may provide additional relevant information regarding disabilities in that appeal.

b. USF may make pre-enrollment inquiry as to an applicant's ability to meet the technical and academic standards of the University or program with or without reasonable accommodation, but should not otherwise make pre-enrollment inquiry as to disability.

2.   Student Disability Services  

a.  Students with disabilities who require reasonable accommodation in order to meet the academic requirements of USF or to participate in Student Affairs activities or services must request an accommodation in writing from the students’ campus Office of Student Disability Services (SDS).  Such requests must be accompanied by documentation of disability and an explanation of any documentation related to the need for the particular accommodation requested.  SDS is responsible for approval of submitted documentation.

b.  The SDS office may request that a student submit any additional documentation of disability or need for accommodation necessary to permit USF to make a decision on the request.

c.   If disability and need for accommodation are adequately shown and the provision of such accommodation would not fundamentally alter the academic program, the SDS office will discuss the provision of these accommodations with other appropriate USF representatives (e.g., the faculty member who teaches the course for which the student requests accommodation) and, if appropriate, will offer the student a reasonable accommodation.

d.   In the event a student is not satisfied with the SDS office’s decision, the following review procedure will be followed:

If the student is not satisfied with a decision, the student may request review by the SDS Assistant/Associate Director within ten (10) calendar days, who will review the matter and, if possible, resolve it.

If the Student is not satisfied with the decision of the SDS Assistant/Associate Director, the student may request review by the Decision Challenge Review Committee (DCRC) within ten (10) calendar days. The DCRC shall review all challenges to accommodation decisions rendered by the SDS Assistant/Associate Director.

The Decision Challenge Review Committee is to be composed of a designee from the Office of the Provost, a designee from the Diversity and Equal Opportunity Office, and the Director of the SDS office.  The decision of this Committee will be the final action by the University on these matters, as the Committee will serve as the Provost’s designee for this purpose.


III.   CONFIDENTIALITY OF DOCUMENTS

A. Confidential documentation submitted or prepared in connection with requests for accommodation will be maintained apart from personnel, student or other records (i.e., in Human Resources/Employee Relations or the SDS office).  For student accommodation requests, documents not maintained by the office of SDS will be returned to the student/applicant at the address indicated in the student academic record.

B. USF may request any person seeking accommodation to provide documentation of a specific and generally recognized physical or mental impairment that shows that the specific modification being requested is appropriate and necessary for the diagnosed disability.  Such information may be shared with individuals with legitimate interest as necessary to process the request.

C. The University of South Florida Office of the General Counsel is available to assist with questions concerning ADA and the law and should be notified in the event an accommodation requestor retains a lawyer or otherwise makes claims in an external legal or administrative forum.

 

Steven D. Prevaux
General Counsel

 

Judy Genshaft
President