Rights of Students with Disabilities Policy

Purpose

The purpose of this policy is to assure university compliance with federal, state, and local laws pertaining to the rights of prospective and current students with disabilities.

Definitions

Disability: A diagnosed physical or mental impairment that affects the performance of one or more major life activities. Individuals with a history of impairment or regarded as impaired are also protected from discrimination on the basis of that disability. 

Qualified individual with a disability: A person with a disability, who with or without reasonable accommodation is able to perform the essential functions of his or her job.

Reasonable accommodation: A modification to an employee’s work environment or tasks that does not reduce standards, fundamentally alter the nature of the employee’s work or pose an undue burden on the institution.

Essential functions: Those tasks or functions that, if modified, would fundamentally change the nature of the job or occupation for which the position exists.

Statements

Empire State University complies with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. These acts “ … no otherwise qualified handicapped individual … shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance (29 USC Sect. 706).” Regulations implementing Section 504 and ADA establish standards for employment practice, accessibility of facilities, and education programs with which institutions receiving federal funds must comply (34 CFR Part 104).

In accordance with these regulations, a qualified person with a disability who meets the academic and technical standards required to enroll in and participate in the Empire State University program shall be provided an equal opportunity to obtain a degree in the most integrated setting appropriate to that person’s needs. Empire State University makes reasonable accommodation to meet the needs of students with disabilities. s Reasonable accommodation does not include academic adjustments that would fundamentally alter the nature, essential requirements, or academic standards of the program.

The university considers each student’s individual needs through consultation with the Office of Accessibility Resources and Services.

The director of Accessibility Resources and Services, coordinates the university’s compliance with Section 504, ADA and their implementing regulations with respect to students. Questions concerning the university’s policy should be directed to the director of Accessibility Resources and Services, Empire State University, 113 West Ave., Saratoga Springs, NY 12866-4390, 518-587-2100, ext. 2244 or email Disability.Services@sunyempire.edu.

Applicable Legislation and Regulations

Section 504 of the Rehabilitation Act of 1973

Americans with Disabilities Act of 1990

Americans with Disabilities Amendments Act of 2008

New York State Human Rights Law

Related References, Policies, Procedures, Forms and Appendices

To make a formal declaration of disability and request a student may contact the Office of Accessibility Resources and Services (see A below).

1. Requesting Accommodations
   1. The student may first contact the Office of Accessibility Resources and Services.
   2. The student completes the Disability Declaration and Request for Accommodation form (available on the Accessibility Resources and Services Forms page) to provide information about his or her disability and request accommodations. The student does not need to provide documentation of the disability at this stage.
   3. The disability services staff review the request and determine appropriate accommodations, consulting with faculty and staff as needed.
   4. The student, their mentor/advisor, and instructors are notified of the approved accommodations. The student contacts their instructors to discuss implementing the approved accommodations.
2. ADA Grievances or Appeals
   Students who wish to file a complaint about their treatment at the university or the determination of their accommodation request are welcome to do so. Internally, students may access the university’s Student Grievance Procedure to do so.
   1. Informal resolution
      The student is strongly encouraged to seek informal resolution of a grievance by bringing it to the attention of the Office of Accessibility Resources and Services in a timely fashion. An attempt at informal resolution should begin no more than 30 days after the concern arises.
   2. Written Grievance
      If the student is unsatisfied with the response, the student may make a formal, written complaint to the Office of University Services. Please email UniversityStudentServices@sunyempire.edu.
      1. Any formal complaint must be submitted within 40 days of the concern arising. The student must state the nature of the grievance and the remedy they are seeking and describe any previous attempts to resolve the issue.
      2. The administrator reviews the situation and should provide a written response within 15 days of receiving the complaint.
   3. Appeal
      If the student is unsatisfied with the first level of administrative response, the student may appeal in writing to the appropriate Vice President.
      1. Appeals regarding academic services are to be submitted to the Vice President for Academic Affairs or their designee. Appeals regarding financial issues are to be submitted to the Sr. Vice President for Administration and Finance.
      2. Any appeal must be submitted within 30 days of the transmission of the first level administrative response. The student must state the nature of the justification for the appeal and describe any previous attempts to resolve the issue.
      3. The Vice President reviews the situation and should provide a written response within 15 days of receiving the appeal. The Vice President’s decision is final. The student may seek further redress by registering a complaint with the Office of Civil Rights or the New York State Division of Human Rights.

U.S. Department of Education
Office for Civil Rights
Customer Service Team
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Email: OCR@ed.gov(link sends e-mail) 
1-800-421-3481, TDD: 877-521-2172
FAX: 202-245-6840