Individuals with Disabilities Procedure
Administrative Procedure 3.501
This Administrative Procedure sets forth Elgin Community College’s policy and procedures for the College’s compliance with the Americans with Disabilities Act, as modified by the ADA Amendments Act of 2008 (42 U.S.C. § 12101 et seq.) (“the ADA”), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 791 et seq.) (“Section 504”). Both the ADA and Section 504 prohibit discrimination against individuals with a disability in the offer or conditions of employment or in connection with the offering of educational and other programs and services.
Policy
The College does not discriminate, nor does it tolerate discrimination, against individuals on the basis of physical or mental disability. In addition, the College provides reasonable accommodations to qualified individuals with disabilities to ensure equal access and equal opportunities with regard to employment practices, educational opportunities, and programs and services. All College services, facilities, and programs must be accessible to students, employees and visitors with disabilities unless doing so would be an undue hardship/burden. This policy applies to all College employees, applicants for employment, students, and visitors.
Definitions
Accommodation
Any change in the work environment, the educational experience, or the provision of services that enables a qualified individual with a disability to enjoy equal opportunity to perform the job, participate in the educational experience, or receive the provision of services.
ADA/Section 504 Coordinator
The person designated by the College to oversee compliance with the ADA and Section 504 and to assist in the evaluation of accommodation requests.
Disability
A documented physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
Documentation
Those documents and reports that are typically required to be presented to the College by the person requesting an accommodation before any accommodation will be provided. Documentation typically consists of official written communications from a relevant qualified treating health professional (such as a physician, surgeon, psychiatrist, physical therapist, etc.). This communication must be current and must describe the diagnosis and nature of the disability, the major life function(s) effected, the functional limitations of the disability, and the prognosis. The professional may also make suggestions regarding the accommodations being requested, and the College may ask the person requesting an accommodation to provide input from the professional concerning appropriate and meaningful accommodations.
Essential Function
A task or responsibility that is central (not marginal) to the purpose of a position of employment, an academic course, or a program or activity.
Employee
A full-time or part-time staff member, faculty member, or administrative employee.
Employment practices
Application procedures, hiring, advancement, discharge, compensation, benefits, training and development, and all other terms and conditions of employment.
Undue Hardship/Burden
An accommodation imposes an undue hardship on the College if it constitutes an undue financial and/or administrative burden on the College, or if it requires a fundamental alteration of the essential functions of a position of employment, academic course or program, or other program or activity.
Qualified Individual with a disability
One who, with or without reasonable accommodation, can perform the essential functions of a particular job or meet specific academic/program requirements for participation in a College sponsored program, service, or activity.
Major bodily functions
Major bodily functions include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
Major life activity
Major life activities include, but are not limited to caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working and major bodily functions, which include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. An individual’s ability to perform a major life activity is compared to most people in the general population.
Reasonable accommodation
An action that may be taken by the College to accommodate an individual with a documented disability, without imposing an undue hardship on the university.
Student
Any full or part-time student currently enrolled in at least one for-credit or non-credit course or program.
Substantially limits
An individual’s major life activity is substantially limited if he/she is unable to perform a major life activity that an average person in the general population can perform. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Mitigating measures taken by the individual will not be taken into consideration in determining whether the individual is substantially limited in a major life activity, except for corrective eyewear.
Visitor
A member of the public who is attending an event sponsored by the College or visiting a college-controlled property.
ADA/Section 504 Coordinators
For employees and visitors:
HR - Benefits: Senior Director of Employee Benefits
847-214-7125
lgemelli@elgin.edu
For students:
Pietrina Probst, Director of ADA and Student Disabilities Services
847-214-7417
pprobst@elgin.edu
Requesting Accommodations
If a student should need a special accommodation, he/or she should contact Pietrina Probst, Director of ADA and Student Disabilities Services, as soon as possible. Employees and visitors in need of accommodations should contact Marilyn Prentice, ADA/Section 504 Coordinator for employees and visitors. The College’s assessment of an individual’s needs and the availability of reasonable accommodations will be made on a case-by-case basis. The College may request permission from the individual making the request to interact directly with the individual’s medical provider to help determine what accommodations could be reasonable and effective. Both the individual and the College are required to participate in good faith in an interactive process designed to reach agreement on what accommodations will be provided. Final determination of reasonable accommodations rests with the College. Any person with a disability who is dissatisfied with a responsible department's response to a disability accommodation request may file a complaint with the Director of Equal Opportunity who serves as the ADA Coordinator.
Confidentiality
Information about an employee's documented disability will be kept in a separate file separate from the personnel file, and this file must be kept confidential and shared with individuals within the College only to the extent allowed by law. However, once the College has been informed of an employee's documented disability and request for accommodations, the employee's supervisor and chain of authority (if applicable) may be notified and brought into the discussion so that any accommodation request can be coordinated through the supervisor and chain of authority.
Information about a student's documented disability will be kept in a file separate from the student’s general academic and other education records, and this file must be kept confidential and shared with individuals within the College only to the extent allowed by law. However, once the College has been informed of a student's documented disability and request for accommodations, the student's instructors and other College representatives may be notified and brought into the discussion so that any accommodation request can be evaluated and coordinated.
Information about specific requests for accommodation from visitors may be kept in a file in the office receiving the request, which may consult with the ADA/Section 504 Coordinator concerning reasonable accommodations. Once an office at the College has been informed of a visitor's disability and request for accommodations, the appropriate offices within the College may be notified and brought into the discussion so that any accommodation request can be coordinated through the appropriate College representatives.
Grievance Procedure
In the event a person feels the College has not provided satisfactory accommodations or has otherwise discriminated on the basis of a disability, he or she may file a grievance as described below. Every attempt will be made to resolve the grievance within 30 days of the date on which the grievance is submitted as provided below. If the situation cannot be resolved informally, the alleged discrimination will be investigated, and all parties will have an opportunity to present information on their behalf. Substantiated allegations of discrimination will result in appropriate corrective action to remediate the effects of any discrimination or failure to provide reasonable accommodation. Any person who, in good faith, brings forth a grievance or participates in an investigation will not be subject to retaliation.
- ECC employees and students should submit any grievance alleging a failure to provide reasonable accommodations or other violation of this policy to the EEO/AA Officer.
- If the EEO/AA Officer is unavailable, report to the Chief Human Resource Officer. The Chief Human Resource Officer will then notify the EEO/AA Officer. The individual submitting a grievance should submit the grievance and any supporting documentation or other information in writing within 30 days of the date of the decision that is the subject of the grievance.
- If the EEO/AA Officer is the subject of the grievance, the grievance may be submitted to the Chief Human Resource Officer for resolution.
- The EEO/AA Officer (or Chief Human Resource Officer, as appropriate) will review the grievance and consider any additional information that he or she may deem appropriate and make a final decision regarding the grievance. The individual submitting the grievance will be notified of the decision in writing within 30 days of the date on which the grievance was submitted (unless the College determines that more time is required to evaluate the grievance).
- Visitors and other beneficiaries of the ADA who are neither students nor employees of ECC but who are enrolled in, participating in or attending programs and services under contract with ECC should report the incident to the EEO/AA Officer.
- A written complaint or oral complaint form must be filed with the EEO/AA Officer.
- The recommendation of the investigation will be forwarded to the President for a final decision.
- The parties will normally be notified in ten (10) days.