TAP No. 56: Requests for Reasonable Accommodations for Disabilities

TAP No. 56:  Requests for Reasonable Accommodations for Disabilities 

Scope

This policy applies to all University students, faculty, staff, and applicants, and relates to all requests for disability accommodations.

Purpose

The purpose of the policy is to outline the process for making disability accommodation request(s).

I. Overview

Duquesne University is committed to compliance with the requirements of all applicable federal and state laws concerning individuals with disabilities, including the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA), Section 504 of the Rehabilitation Act, the Fair Housing Act, and the Pennsylvania Fair Educational Opportunities Act. These statutes envision an interactive process by which the University and a student, faculty member, staff member, and/or applicant who is seeking an accommodation will work together to assess whether a qualified individual with a disability can be reasonably accommodated. The interactive process at Duquesne University includes initial an ongoing dialogue between the requesting individual and the Office of Disability Services, and may include other appropriate representatives of the University. An individual who requests an accommodation and University representatives must engage in the interactive process in good faith as more fully set forth herein. Duquesne University encourages and supports this interactive process and prohibits retaliation against any individual for requesting or receiving a disability accommodation.

II. Key Terms

Below is a summary of certain key terms to assist in understanding this policy.

1. Disability:
   For the purposes of this policy, an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The determination of whether a person has a disability will be made on a case-by-case basis. 
2. Essential Job Functions:
   These are the job duties that an employee must be able to perform with or without a reasonable accommodation. For example, subject to any reasonable, temporary accommodations granted through the individualized interactive process, at Duquesne University, in-person teaching is an essential function of any faculty position unless a faculty member is specifically hired exclusively for distance education at the time of hire. 
3. Academic and/or Technical Standards:
   These are the academic and technical standards requisite to admission or participation in a student's education program or activity. It is expected that students will meet all academic and/or technical standards as listed in each course syllabus and academic program description with or without an accommodation. Requisite academic and/or technical standards will vary by academic program and school. For technical standards, check with programs and/or student success coaches.
4. Reasonable Accommodation:
   This is any change or adjustment to the work or academic environment which is reasonable and not an undue hardship, and enables an employee or student with a disability to perform the essential functions of their job and/or the academic and/or technical standards of their academic course/program. The determination of whether an accommodation is reasonable, or whether it is an undue hardship, will be made on a case-by-case basis. When an accommodation request is made following the procedure set forth herein and granted by the Office of Disability Services, the accommodation applies as of the date it is granted and is forward-looking. Accommodations do not apply retroactively to past academic or employment decisions. Accommodations from the University apply only with respect to academic and other University-sponsored programming including housing and food services. Students and employees engaging in external activities such as clinicals or rotations must address accommodation needs with the non-University site. The University will partner with the site and the student to assess potential accommodations in such circumstances.
5. Undue Hardship:
   This is an accommodation which would be unduly expensive, disruptive, or would fundamentally alter the nature of the service, program, or activity (including academic requirements that are essential to the instruction or to any directly related licensing requirements). Such accommodations need not be provided. Nevertheless, the University will explore and attempt to identify alternative suitable accommodations which would not constitute an undue hardship. The determination of whether an accommodation is an undue hardship will be made on a case-by-case basis.

III. Procedure for Requesting / Response to Reasonable Accommodation

A student or employee must work with the Office of Disability Services regarding a request for an accommodation. The Office of Disability Services may request information and medical documentation as further explained in Section IV herein. In some cases, the Office of Disability Services will consult with Human Resources, Deans, Department Chairs, Faculty, and/or other appropriate members of the University when evaluating a request for an accommodation.

If the Office of Disability Services determines that the student or employee is entitled to an accommodation and that the proposed accommodation is reasonable as defined by the ADA, ADAAA, or any other applicable laws, regulations, or rules, the Office of Disability Services will:

• With respect to students, provide written confirmation of the approval or recommendation in the form of a Letter of Accommodation, which is issued to the student and the student's professors/instructors and academic advisor/student success coach on a semester basis. The Letter of Accommodation will identify both professor/instructor and student expectations; and
   
• With respect to employees, provide written confirmation of the approval or recommendation in the form of a Letter of Accommodation, which is issued to the employee and the employee's supervisor(s) and senior department head. The Letter of Accommodation will include appropriate methods of implementing the requested accommodation.

An accommodation request may be denied because of insufficient documentation, because the accommodation is not reasonable, or because the University would experience an undue hardship in granting the accommodation. In such instances, the following information applies:

• If the denial is based upon insufficient documentation, the Office of Disability Services will provide information regarding what additional supporting documentation is required and detailed instruction on documentation guidelines; and
   
• If the denial is based upon a determination that an accommodation is not deemed reasonable, the Office of Disability Services will communicate that decision and will explore alternate accommodations with the student/employee.

 If the denial is based upon undue hardship, the Office of Disability Services will explore alternate accommodations with the student/employee. Non-Duquesne clinical sites may limit the possibility of alternate accommodations.

IV. Medical Documentation

An individual who requests an accommodation must provide reasonable and appropriate medical documentation to the Office of Disability Services to establish that the individual has a disability and why and how that disability creates a need for an accommodation. It is the requesting individual's responsibility to provide the medical documentation at their own expense in a timely fashion.

With rare exceptions when an employee’s disability and the need for a workplace accommodation is obvious, the following medical documentation is required:

• A diagnosis that is made by a licensed healthcare practitioner in the appropriate and relevant field with credentials in the area of the disability in question within the last three years of requesting the accommodation;
   
• A description of the type and severity of the individual's symptoms at the time of first diagnosis and the approximate date of their onset, as well as a description of subsequent progress and treatment of the condition;
•  A description of the individual's current symptoms;
   
• A summary of the currently prescribed or recommended treatment, such as medical treatment, physical therapy, dietary requirements, assistive devices, etc.;
•  A description of specific substantial limitations related to the impairment; and
   
• A statement as to whether the individual, with or without an accommodation, can perform essential job functions or meet required technical standards or competencies if they exist.

 The report must contain recommendations for specific reasonable accommodations supported by the diagnosis that are needed to address the current impact of the individual's disability to function in the classroom, clinical sites, and workplace.

All documentation reports must be typewritten and signed on professional letterhead bearing the appropriate healthcare practitioner’s address, phone, and clinical affiliation. The health care professional’s license number certifying their status as a practicing medical professional and any additional information about specialty credentials should be listed.

All documentation is confidential and should be submitted to: Duquesne University, Office of Disability Services, Room 309 Duquesne Union, Pittsburgh, PA 15282 or by Fax at: 412-396-2519.

After the medical documentation has been submitted and reviewed, the requesting individual will be notified to schedule an appointment with the Director, or the Assistant Director of Disability Services, to either determine appropriate accommodations using the interactive process described above, to notify the requesting individual that more information is needed, or to notify the requesting individual that the request is denied.

Students must present the Office of Disability Services with a new class schedule each semester to ensure accommodations are applied as needed. 

The Office of Disability Services may request updated medical documentation. Students, faculty, staff, and/or applicants must update the Office of Disability Services if there is a change in their medical status to ensure that accommodations remain reasonable and appropriate.

V. Funding

Employee accommodations are generally required to be funded by the employee's department or division with University supplementary funding.

VI. Confidentiality, Use, and Storage of Documentation

All documentation shared in effectuating this policy will be kept confidential to the extent possible and kept separate from student or personnel records. Documentation and reports from medical providers will be used solely to assist the Office of Disability Services in making an informed decision about the student or employee's request for an accommodation, in the absence of a health or safety emergency.

VII. Supervisor/Instructor Responsibilities

A supervisor or professor/instructor who receives a request for a disability accommodation from an employee or student must promptly inform them that they must submit their request directly to the Office of Disability Services.  At the request of the Office of Disability Services, supervisors or instructors may be asked to participate in the interactive process and to implement disability accommodations set forth in a Letter of Accommodation issued by the Office of Disability Services.  If a supervisor or instructor is unsure how to implement a disability accommodation, they should reach out to the Office of Disability Services for guidance.  Instructors are also encouraged to include a statement about services for students with disabilities in the syllabus for each course, such as: “Duquesne University welcomes students with disabilities.  If you wish to receive consideration for accommodations in connection with this or any other course, you must first contact the Office of Disability Services and engage in the interactive process with them as described in TAP 56.   If the Office of Disability Services determines that reasonable accommodations are necessary and appropriate, they will issue a Letter of Accommodation and then you should make an appointment with me as soon as possible to discuss how the accommodations will be implemented.  This should be done as early in the semester as possible as accommodations are not retroactive.”  

VIII. Grievance Procedure

If you have a concern about the outcome of your request for an accommodation or that you have been discriminated against because of a disability, you may request informal reconsideration by the Director of the Office of Disability Services, or you may file a formal grievance pursuant to Duquesne University’s Section 504/ADA Grievance Procedure available here. 

IX. Related Information

TAP No. 30, Affirmative Action, Equal Educational and Employment Opportunity and Human Relations in the Workplace and Classroom

The Americans with Disabilities Act (ADA) website

Additional information about reasonable accommodations and the interactive process is available through the Job Accommodation Network (JAN), which is a service provided by the U.S. Department of Labor's Office of Disability Employment Policy

Additional information about reasonable accommodations in the classroom is available through the Office of Disability Services

Student Procedures

Student Documentation Guidelines

Grievance Process under the ADA and Section 504 of the Rehabilitation Act

X. Violations

Violations of this policy will be reviewed on a case-by-case basis and are subject to formal disciplinary action up to and including termination of employment.

XI. History

Date of most recent revision: August 2024.

XII. Ownership of Policy

Office of Disability Services