Rights, Responsibilities & Laws
The 黑社区 is committed to providing an inclusive and accessible learning environment. In accordance with applicable disability law, including the Minnesota Respond, Innovate, Succeed and Empower (RISE) Act, this policy establishes rights and responsibilities relating to students with disabilities to ensure equal access to St. Thomas’s academic programs and activities.
The Office of Disability Resources (“Disability Resources”) is the office charged with coordinating supports to students with disabilities in accordance with university policy and applicable law. Disability Resources contacts students who have voluntarily self-disclosed a disability, coordinates the interactive process and makes decisions regarding reasonable accommodations to provide to students. Disability Resources also administers approved reasonable accommodations, as appropriate, and offers educational resources to the university 黑社区. Residence Life and Dining Services implement accommodations that are approved by Disability Resources in their respective areas.
What is the law?
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability against people in programs or activities receiving or benefiting from federal financial assistance. Accordingly, Section 504 of the Rehabilitation Act of 1973 states:
"No otherwise qualified disabled individual in the United States shall solely by reason of his or her {disability}, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."
The Americans with Disabilities Act of 2008 upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973 to employment practices and communications, and policies, procedures and practices that impact the treatment of students with disabilities. It prohibits discrimination for qualified individuals on the basis of disability.
Who is protected under the law?
Under federal law, a person with a disability is any person who:
- has a physical or mental impairment.
- has a record of such impairment
- is regarded as having such an impairment. To meet the definition of a disability a person's disability must substantially limit one or more major life activities such as self-care, walking, seeing, hearing, speaking, breathing or learning. Furthermore Section 504 states:
A "qualified" person with a disability is defined as one who meets the requisite academic and technical standards required for admission or participation in the postsecondary institution's programs and activities.
Rights and Responsibilities
To the extent possible, the 黑社区 makes reasonable effort to provide qualified students with disabilities equal access to all the courses, services, programs, job activities and facilities available through the university. Students have the following rights:
- The option to begin the interactive accommodation process upon self-disclosure of a disability. Students do not have to present disability documentation at their first meeting to begin discussing potential accommodations.
- Examples of potential reasonable accommodations can be found at this link: /student-life/resources/disability/index.html
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Appropriate and reasonable academic accommodations provided in a timely manner, determined on an individual, as-needed basis.
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Confidentiality of records and communication except where disclosure is necessary to arrange accommodations, required by law, or authorized by the student.
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Evaluation of academic achievement based on ability, not disability.
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The right to appeal a decision concerning academic accommodations according to the university's grievance policy (Appeals Process).
Every qualified student with a documented disability has the responsibility to:
- Meet and uphold the university's qualifications and institutional standards.
- Contact Disability Resources in order to arrange for appropriate academic accommodations in a timely manner. Students who need accommodations that take an extensive amount of time to prepare, such as alternate format texts, sign language interpreters, or captioning are urged to contact Disability Resources immediately following their assigned registration date during the early registration period for the upcoming semester. Late requests may result in the delay or denial of accommodations. The staff will make reasonable effort to accommodate late requests. Students must make an appointment either in person or over the telephone with a Disability Resources staff member in order to arrange accommodations.
- Follow specific procedural guidelines set forth by Disability Resources for obtaining and arranging reasonable and appropriate academic accommodations, (e.g. scheduling exams, requesting assistance, arranging accommodations with professors, etc).
The 黑社区 has the right to:
- Request appropriate documentation to verify the need for reasonable academic accommodations in accordance with university policies and applicable law. This will often involve requests for information or documents from a qualified health provider. However, St. Thomas will accept other documentation deemed sufficient to establish a reasonable accommodation, as required by law.
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Consult with students in making the final determination regarding the selection of effective, appropriate and reasonable academic accommodations. The university reserves the right to make the final decision regarding which accommodations will be provided.
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Deny a request for accommodations if the documentation does not identify a valid disability, fail to verify the need for the requested accommodations, or if the documentation or request for accommodations are not provided in a timely manner.
- The University may also refuse to provide any accommodation that is inappropriate or unreasonable, including any that:
- Pose a threat to the health and safety of others
- Constitute a substantial change or alternation to an essential requirement of a course or program
- Pose undue financial or administrative burden on the university
The 黑社区 has the responsibility to:
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Maintain and uphold the academic standards and requirements set forth by the university.
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Provide information regarding university policies and procedures to students with disabilities and assure availability in accessible formats upon request.
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Evaluate students' academic achievement based on their abilities, not their disabilities.
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Provide reasonable and appropriate academic accommodations for students with disabilities in a timely manner.
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Maintain and uphold confidentiality of records and communication concerning students with disabilities except where disclosure is necessary for the accommodations, required by law, or authorized by the student.
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Provide accommodations free of charge.
- This policy, along with resources for students with disabilities (including information about Disability Resources and a list of representative potential reasonable accommodations and disability resources), will be included or otherwise made available in accessible formats during the application process, student orientation, in academic catalogs and on St. Thomas’ website.
Students with disabilities are responsible for contacting the Disability Resources office if they feel reasonable accommodations are not implemented in an effective or timely manner. The staff of the Disability Resources office works with students to resolve disagreements regarding recommended accommodations. If students disagree with an accommodation decision made by a Disability Resources staff person, the student is encouraged to try to resolve their concern with the staff person. If there is no resolution, the student may meet with the Director of Disability Resources. If the student wishes to appeal the Director’s decision, the student should raise the concern with the Dean of Students within thirty (30) days. If the student and the Dean of Students are not able to resolve the concern, the student has five (5) days after the Dean of Student’s decision to file a written grievance. The written grievance shall be delivered to the Dean of Student’s office, which will refer the grievance to the chair of the University’s grievance and discipline committee. For more information, see the Student Bill of Rights.
- Beginning the Interactive Process: Students may begin the interactive process by self-disclosing their disability or by contacting Disability Resources. Information about the responsibility to arrange for accommodations in a timely manner is provided under the “Student Responsibilities” section. After self-disclosure, Disability Resources will contact the student to gain a better understanding of the scope and nature of needs and/or requested accommodation and may ask the student to provide documentation to establish the need for appropriate reasonable accommodations (see below). Disability Resources will have follow-up communications with the student, as appropriate.
- Sufficient Documentation: Thomas may request documentation from the student to assess accommodation requests and/or establish whether and what reasonable accommodations to provide. This will often involve requests for documents from a qualified health provider. However, St. Thomas will accept other documentation deemed sufficient to establish a reasonable accommodation, as required by the law.
- Coordination: As appropriate and in accordance with student data privacy laws, Disability Resources will coordinate with other employees, departments, or programs to determine the feasibility of an accommodation and/or to provide relevant information if the employee may be expected to support or provide an approved reasonable accommodation.
- If applicable, Disability Resources will provide the student's accommodation letter to the student's instructors, if the student gives affirmative permission to share the information, and, if requested by the student, facilitate communication between the student and the student's instructors.
- If an accommodation cannot be provided because it would fundamentally alter the nature of a course, Disability Resources will request that the instructor provides a written notification detailing the reasons why the accommodation cannot be provided to both the student and Disability Resources. If Disability Resources denies an accommodation, we will provide the student with a written notification detailing the reasons for the denial.
- After engaging in the interactive process, Disability Resources will determine whether and what reasonable accommodations to offer by assessing the information provided by the student considering applicable federal and state disability law. Disability Resources will communicate its decision to the student. Students who are denied accommodations will be notified of their appeal option (see below).
- Other Procedures. The above is a general overview of the interactive process. Other Disability Resources procedural guidelines relating to accommodations will also apply and must be followed.