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Policies and Procedural Guidelines for Nondiscrimination on the Basis of Disability

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Document Revised January 2000.

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Introduction

The University of Hawai'i at Hilo (UH Hilo) is committed to a policy of nondiscrimination on the basis of disability.  These policies and procedures ensure that persons with disabilities will not, on the basis of that disability, be denied full and equal access to academic and co-curricular programs and activities or otherwise be subjected to discrimination under programs or activities offered by the University.  It is the responsibility of all faculty, staff and students to adhere to this policy of equal access to educational opportunity.

It is University policy that enrolled students who have documented disabilities shall be provided reasonable accommodations.  UH Hilo recognizes its legal obligations to make reasonable accommodations designed to provide overall educational program accessibility for otherwise qualified persons with disabilities.  This policy was developed to ensure equal access at the University for persons with disabilities and to ensure full compliance with all pertinent federal and state legislation.

This document is subject to change.  Individuals should contact the UH Hilo's Chancellor Office or the Office of the Vice Chancellor for Student Affairs to inquire about any revisions or updates to this January 2000 edition.

Definitions

"Persons with disabilities" means persons who have a physical or mental impairment which substantially limit one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment. 

"Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. 

A "qualified person with a disability" is defined as one who meets the academic and technical standards requisite to admission or participation in UH Hilo programs and activities (Federal Register Department of Education Part II, Establishment of Title 34).

"Reasonable and appropriate accommodation" means program modification and academic adjustments as deemed appropriate in an individual situation.  Support services and auxiliary aids are examples of reasonable accommodations which may be made available under specific circumstances.

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Part I: Policy Statement

In accordance with the Americans with Disabilities Act (ADA) and Section 84.8 of the federal rules and regulations governing Section 504 of the Rehabilitation Act of 1973, the State Office for Affirmative Action, on behalf of all state agencies and departments (including the University of Hawai'i) which are recipients of federal assistance, hereby provides notice to the public that no otherwise qualified person with a disability shall, solely on the basis of disability, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity receiving federal financial assistance.

This policy applies to all UH Hilo programs and facilities, including but not limited to admission and enrollment, academic requirements, auxiliary aids and services, examinations and evaluations, physical education and athletics, financial aid, student employment, counseling and academic advising, student clubs and organizations, computer access, student teaching and other externships, and distance education.

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Part II: Rights and Responsibilities

A. The Institution

UH Hilo recognizes that its basic responsibility is to identify and maintain the academic and technical standards that are fundamental to providing quality academic programs while ensuring the rights of persons with disabilities.  To meet this obligation, UH Hilo:

  • has the responsibility to inform its applicants and students about the availability and range of auxiliary aids and services for students with disabilities as well as the procedures for requesting them.
  • has the responsibility to ensure that its recruitment information and activities are available in accessible formats and facilities.
  • has the responsibility to evaluate applicants based solely on their abilities.  If an evaluation method or criterion unfairly discriminates against an applicant with a disability, the University will seek reasonable alternatives.
  • has the responsibility to ensure that all of its programs, viewed in their entirety, are accessible.
  • has the responsibility to make reasonable modifications for a student with a disability in the delivery, instructional method, and evaluation method of a course.
  • has the responsibility to modify academic requirements that unfairly discriminate against a student with a disability and that are not essential to the integrity of the student's academic program.
  • has the responsibility to select and administer tests to evaluate students to best ensure that test results accurately reflect course knowledge or competencies and do not discriminate against an individual with a disability.  Tests designed to measure specific skills related to fundamental/essential course goals are allowable even when those skills are impacted by the disability.
  • has the right to identify and establish the abilities, skills, and knowledge necessary for academic success in its programs and to evaluate applicants and students on this basis.
  • has the right to identify and establish the abilities, skills, and knowledge that are fundamental to their academic programs/courses and to evaluate each student's performance on this basis.  Fundamental program/course goals are not subject to modifications.
  • has the right to request and review documentation that supports requests for auxiliary aids and services.  The University has the right to select among equally effective methods of accommodating a student with a disability.
  • has the right to deny a request for auxiliary aids or services (see section on Accessing Auxiliary Aids and Services for more specific information).  If a request is denied, the University has the responsibility to inform the individual of his or her right to appeal the decision and to inform him or her of the procedures for initiating an appeal.

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B. Persons with Disabilities

Persons with disabilities have the right to an equal opportunity to participate in and benefit from programs offered at UH Hilo.  To ensure this right, individuals with disabilities at UH Hilo:

  • have the responsibility to identify themselves as needing auxiliary aids or services.
  • have the responsibility to follow procedures for making requests for auxiliary aids or services and to do so in a timely manner.
  • have the responsibility to demonstrate or document how their disability limits their ability to benefit from a particular delivery system, instructional method, or evaluation method when they make a request for an accommodation.  The individual must provide documentation from an appropriate professional (unless the disability is obvious) to the University's Disability Services Coordinator or designee.
  • have the same obligation as any student to meet and maintain the institution's fundamental academic and technical standards.
  • have the right to be evaluated on their ability, not their disability.  If a method of evaluation discriminates against them, individuals with disabilities are entitled to be evaluated by alternate means.
  • have the right to information regarding the availability of auxiliary aids and services as well as procedures for requesting for them.
  • have the right to an equal opportunity to learn.  Individuals with disabilities have the right to reasonable modifications of educational experiences (e.g., location, delivery system, or instructional method) that limit access or participation.
  • have the right to an equal opportunity to participate in and benefit from the academic community.  This includes access to services, extracurricular activities, and housing, when viewed in their entirety, at a comparable level as that provided to any student.
  • have the right to confidentiality of all information regarding their disability.  Individuals with disabilities have the right to choose to whom information about their disability will be disclosed, and to authorize the Disability Services Coordinator or designee to verify their disability status.
  • have the right to appeal the institution's decisions concerning the provision of auxiliary aids or services:  internally, by filing a grievance following the procedures described in Appendix B; or externally, by filing a complaint with the regional Office for Civil Rights or through the Civil Court system.

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Part III: Guidelines for Policy Implementation

A. General

  1. The Chancellor or designee shall establish and appoint an Advisory Committee on Disability Access.  The charge for the Advisory Committee on Disability Access is as follows:

    The Committee or its designee shall be an active participant in short and long range campus planning related to compliance with Federal accessibility standards, including the prioritizing of accessibility improvements to our facilities in order to meet those requirements.

    The Committee shall be the forum for discussion of University policies, procedures, programs, facilities, and other matters that assure the full inclusion of people with disabilities into our diverse University community.

    The Committee shall serve to review matters related to disability access and, when possible, reach consensus on practical courses of action.  When necessary, it shall make recommendations to the Administration on its findings.  It shall maintain liaison with Hawai’i Community College on accessibility matters.

  2. The University shall publish its general policy of nondiscrimination on the basis of disability in the UH Hilo catalog, along with information on who to contact for information on services for students with disabilities and who to contact concerning discrimination complaints.
  3. The Student Support Services Program (SSSP) will coordinate academic accommodations for students with disabilities, and act as resource persons.  The primary coordinator will be SSSP's Disability Services Coordinator.[1]   This responsibility is assigned by the highest levels of administration and is undertaken on behalf of the institution. 
    With regard to non-academic accommodations (e.g., facilities, parking, student life, student employment, etc.), it is the responsibility of the coordinators of those units to provide or oversee accommodations.  While SSSP will act as a resource for the University, it is the entire University's responsibility to ensure equal access for students with disabilities.

[1] Note that SSSP is a federally funded program; as such, there are certain constraints under which the program must operate to comply with federal regulations.  For example, SSSP may not provide services to non-US citizens (with the exception of permanent residents and individuals from the US-affiliated Pacific Islands).  The Counseling Center will assist SSSP with providing auxiliary aids and services in cases in which a student is not eligible for SSSP services.

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B. Accessibility of Facilities

General

Qualified persons with disabilities may not be denied the benefits of or be excluded from participation in UH Hilo programs or activities due to inaccessible facilities.

Existing Facilities

Each program or activity will be operated so that, when viewed in its entirety, it is accessible to qualified persons with disabilities.  Students may not be excluded from a specifically requested course offering, program, or other activity due to an inaccessible location.  Methods that offer programs and activities to persons with disabilities in the most integrated setting appropriate will be emphasized.  Modifications to ensure accessibility may include:

  • relocation of classes
  • priority registration (this can serve to limit the impact of classes being moved)
  • installation of appropriate signage
  • delivery of counseling, advisory, and support services at accessible sites
  • accessible parking
  • structural alterations where necessary and appropriate

Facilities modification projects shall be consistent with ADAAG (ADA Architectural Accessibility Guidelines).  All projects shall be reviewed by the Facilities Planning Office to ensure accessibility.

Parking

There are accessible parking stalls in all campus parking lots.  To park in an accessible stall, both a University Parking Permit/Pass and a disabled parking placard issued by the State of Hawai'i or any other state are required, 24 hours a day, 7 days a week.

New Construction

Facilities, or parts of facilities, constructed for the use of UH Hilo must be designed and built to allow persons with disabilities convenient and safe access.  New construction must be planned in accordance with ADAAG.

Off-Campus Facilities

Every effort will be taken to assure that UH Hilo classes, programs or activities conducted off-campus will be in accessible locations.  Contractual or lease agreements shall require notification if a location does not meet the physical accessibility standards of ADAAG/UFAS (Uniform Federal Accessibility Standards).  If any location does not meet these standards, the inaccessibility shall be announced in all promotional materials, and participants shall be invited to request accommodations in order to fully participate.  Pre-registration forms shall provide a place for the participant to identify special needs (e.g., physical accessibility when the location has been announced to be inaccessible, interpreters, large print) so that notification takes place before deadlines and allows for the facilitation of appropriate accommodations.

Emergency Evacuation

UH Hilo recognizes its responsibility to meet the needs of all students in the event of emergency evacuation.  The University understands that the disabled student population may also require special assistance in the evacuation process.  Students with disabilities attending classes on campus will be provided assistance in emergency evacuation equal to any other student.

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C. Educational Programs and Activities

Qualified persons may not, on the basis of disability, be denied admission to, enrollment in, or participation in UH Hilo degree programs or activities, or be discriminated against in admissions or recruitment.

Admissions and Enrollment

  1. The number or proportion of persons with disabilities who will be admitted or enrolled may not be limited solely on the basis of disability.
  2. UH Hilo has the right to identify and establish the abilities, skills, and knowledge necessary for success in its programs and to evaluate applicants and students on this basis.
  3. UH Hilo shall ensure that its recruitment information and activities are available in accessible formats and facilities.
  4. UH Hilo shall inform applicants about the availability of disability support services on campus upon an applicant's request.  Every admitted applicant's letter of acceptance shall inform the applicant who to contact if he/she chooses to voluntarily disclose a disability.
  5. Before assessment/placement tests under the control of UH Hilo are selected and administered, the University shall assure that:
    1. Tests are selected and administered in ways that ensure that the test results reflect the applicant's aptitude or achievement level, or whatever other factor the test purports to measure, and do not discriminate against an individual with a disability. 
    2. It is the responsibility of the individual taking the test to make special needs known before the specified test date and to meet the specific requirements of the respective testing party.
    3. Tests shall be administered in facilities that are accessible to persons with disabilities.
  6. Inquiries as to whether applicants for admission are disabled may not be made.  Following acceptance into a program, inquires may be made by programs that have technical standards necessary for safe and effective practice.
  7. UH Hilo shall be responsible for providing appropriate accommodations upon request by students with disabilities who are concurrently enrolled (or accepted for enrollment) at the University.  The student will need to provide adequate documentation of the disability, even if documentation has been provided to another campus within the UH system.                                  
  8. A student with a disability enrolled part-time (i.e., less than 12 credits) may request to be designated as a full-time student.  The student should submit a written request to the Vice Chancellor for Student Affairs, which should include the following information:  disability documentation, reason(s) the full-time designation is being sought, and a justification for regarding the request as reasonable.  Students will need to make such a request each semester in which they are enrolled part-time; designation of full-time status does not automatically carry over from one semester to another.
    If approved, the full-time designation provides the student access to the rights and privileges of any full-time student at UH Hilo, including living in the residence halls, insurance coverage, and participation in extracurricular activities.  Students should note, however, that federal financial aid regulations prevent the UH Hilo Financial Aid Office from awarding a student enrolled in less than 12 hours of coursework a financial aid award based on full-time enrollment.

Treatment of Students in UH Hilo Programs or Activities

In implementing the policy to ensure access to educational programs or activities and extracurricular activities offered by UH Hilo, all programs and activities will be conducted in the most integrated setting possible.  Programs not wholly operated by UH Hilo that require student participation in educational activities, such as internships, should assure that these activities, as a whole, provide an equal opportunity for the participation of qualified persons with disabilities.

In order to be proactive in assisting student with disabilities, instructors will be encouraged to include a statement on their syllabi each semester such as the following:

Any student with a documented disability who would like to request accommodations should contact the Student Support Services Program (974-7616, Student Services Building Room 211) as early in the semester as possible.

Academic Requirements

Academic requirements may be modified, as necessary, to ensure that they do not discriminate against students with disabilities if the requirements are not essential to the integrity of the student's academic program.  These modifications shall not affect the substance of the educational programs or compromise educational standards.  UH Hilo has the right to identify and establish the abilities, skills, and knowledge that are fundamental to academic programs/courses and to evaluate each student's performance against these standards.  Technical standards that are necessary for safe and effective practice are not regarded as discriminatory.

Modifications may include:

  • changes in length of time permitted for the completion of degree requirements
  • adaptation of the manner in which specific courses are conducted
  • substitution or waiver of specific courses required for the completion of degrees.

If a student with a disability requests a modification of a degree requirement, he/she will follow the procedures to Request for Modification of a Degree Requirement.  The appropriate College Dean will form an ad hoc committee to determine whether a policy or practice modification would fundamentally alter the nature of the program.  The committee shall include (but is not limited to) the Department and/or Division Chair of the student's major (for College of Arts and Sciences students), the student's academic advisor, and the Disability Services Coordinator.  Information that may be requested from the student in considering requests for modifications may include disability documentation, evidence of disability-related need for the modification, justification for regarding the request as reasonable, or other supporting documentation.

Auxiliary Aids and Services

Qualified students may request auxiliary aids and services which the University will provide if they are deemed reasonable and appropriate.  Students will also be encouraged to apply for auxiliary aids and services through the State of Hawai'i Division of Vocational Rehabilitation.  Auxiliary aids and services may include, but are not limited to:

Auxiliary Aids Auxiliary Services
  • taped textbooks
  • large print books or materials
  • brailled materials
  • adaptive equipment (e.g., cassette recorders, TTY)
  • campus orientation
  • registration assistance
  • notetakers
  • readers
  • scribes
  • sign language/interpreters

The institution is not responsible for providing aids or services of a personal nature (e.g., personal care attendants, readers for personal use or study).

It is the responsibility of the student to request auxiliary aids or services in a timely manner.  Requests not made in a timely manner will be addressed as soon as reasonably possible.

The use of dog guides, tape recorders, braillers or other adaptive devices in the classrooms or campus buildings shall not be restricted.  Tape recordings or transcriptions of lectures may not be used for any purpose that would interfere with the rights of an instructor, nor can the taped material be duplicated.  (Appendix A includes a copy of an agreement form for tape recording lectures that instructors may ask students to sign.)  Violation of this provision may result in disciplinary action under the Student Conduct Code.  When a student needs to tape record a class which may involve discussion of matters of a sensitive or confidential nature, the student (or instructor) should consult with the Disability Services Coordinator as soon as he/she becomes aware of the situation in order to develop an appropriate plan for handling the situation.

Students may be required to put down a deposit for auxiliary aids that are loaned to them, which will be returned when they return the aid.  The University reserves the right to charge a student for the cost of replacing an aid if it is not returned, or for repairing an aid if it is returned in a condition that is beyond normal "wear and tear."

Program Examinations and Evaluations

Examinations or other procedures for evaluating students' academic achievement may be modified to better evaluate the achievement of students with disabilities.  The results of the evaluation should represent the students' achievement in the program or activity, rather than reflecting the students' disability.  If a student takes an examination outside of the instructor's immediate supervision, or at a different time than other students, or with accommodations, the examination should be of the same degree of difficulty as that given to other students.  It is the student's responsibility to request test accommodations in a timely manner.

Testing accommodations, if requested in a timely manner, may include but are not limited to:

  • readers
  • oral tests
  • scribers/transcribers
  • use of adaptive equipment
  • alternative media (e.g., braille, audiotape, large print)
  • extended test time
  • distraction-free test environment

Physical Education, Athletics, and Similar Activities

Qualified students with disabilities in UH Hilo programs or activities shall have an equal opportunity to participate in physical education courses, intercollegiate and intramural athletics and other similar activities.  Students who cannot participate in regularly offered physical education courses or who cannot compete in athletic programs due to a disability may be offered alternate physical education and athletic activities, provided that the programs and activities are operated in the most integrated setting.  If accommodation is not possible in a required course, the student should follow the procedures for requesting a modification of a degree requirement.

Financial Aid

UH Hilo shall provide financial assistance to eligible, qualified students regardless of disabilities.  Like any UH Hilo student, a student with a disability may file an appeal with the Financial Aid Office and the Financial Aid and Scholarship Advisory Committee if he/she is not satisfied with a financial aid award.  Appeals will be decided on a case-by-case basis within the limits of federal regulations governing the awarding of federal financial aid.

Student Employment

Employment through UH Hilo programs shall not discriminate against qualified students solely on the basis of disability.  The coordinator of student employment will work with a student with a disability and the appropriate employer on campus to provide reasonable and appropriate job accommodations.

Counseling and Academic Advising

Personal and career counseling/guidance, as well as academic advising, shall be available in an accessible setting and provided in a nondiscriminatory manner.  Specifically, qualified students with disabilities must not be counseled toward more restrictive career objectives than are non-disabled students with similar interests and abilities.

Student Clubs and Organizations

Qualified students with disabilities shall have equal access to participation in student clubs and organizations.  The coordinator of student life programs shall ensure that membership in any registered student club or organization does not discriminate on the basis of disability.

Computer Access

Qualified students with disabilities shall have equal access to the use of computers on campus.  University committees and units responsible for computer technology shall consider the acquisition and implementation of software and hardware that promotes equal access for individuals with disabilities and make such equipment available as appropriate.

Student Teaching and Other Externships

Qualified students with disabilities participating in student teaching and other externships shall receive full access to the educational opportunities afforded by these assignments.  Following acceptance into a student teaching or other externship, inquires as to whether a student has a disability may be made by programs that have technical standards necessary for safe and effective practice.  If auxiliary aids or services are required, their provision will be negotiated between the institution and the cooperating agency or organization.

Distance Education

At present there is no UH systemwide policy governing the provision of accommodations for students enrolled in distance education programs.  Until a systemwide policy is adopted, UH Hilo shall handle requests for accommodations by students with disabilities enrolled in distance education programs on a case-by-case basis.  Students enrolled in distance education programs should contact the UH Hilo disability services office to make their needs known.  The Disability Services Coordinator will work with the student and the appropriate personnel at the distance education site to provide accommodations.

D. Public Events

UH Hilo recognizes its obligation to provide overall program accessibility for persons with disabilities who participate in events that are open to the public, such as conferences and graduation ceremonies.  Staff members responsible for coordinating public events shall follow the procedures described below to ensure accessibility.

  1. In planning events, staff members should refer to the following reference guides:
    • State of Hawai’i Disability Access to Programs and Services Manual
    • How to Make Meetings & Conferences Accessible for Persons with Disabilities
    • Equality in Training: A Guide to Improving Access for Persons with Disabilities
    In addition, the ADA Coordinator, SSSP staff, and EEO/AA Officer shall be available as resources.
  2. Designate a staff member to handle requests for accommodations.
  3. Include the following announcement on registration forms, brochures, fliers, press releases, and invitations:
    • For disability accommodations, contact [name] at [phone*] (Voice/TTY) by [date].
    • * The phone number should be accessible by a TTY (telecommunication device for the deaf and hard of hearing).  If the office of the designated staff member does not have a TTY, the phone number of the Office of the Vice Chancellor for Student Affairs (974-7335) may be used and the contact person would be the name of the Vice Chancellor’s secretary.
  4. For simple accommodation requests (e.g., accessible parking permits, front-row seating), the designated staff member shall contact the appropriate offices directly to arrange the accommodation.
  5. For other accommodation requests, the designated staff member shall follow the steps described in the “Request for Accommodation from Members of the Public” form (see Appendix E).  This process may not be necessary if the staff member determines that the request is reasonable or has obtained sufficient guidance from the references listed above.  However, if the staff member is unsure about how to respond to a request, or has any doubt about the appropriateness and/or reasonableness of an accommodation, he/she shall follow the steps described on the form.  The process is designed to provide guidance and support for staff members who have received a request for an accommodation.
  6. For public events held at UH Hilo facilities but sponsored or organized by the University (such as meetings of non-University organizations that rent rooms in the Campus Center), it is the responsibility of UH Hilo to ensure that all facilities to be used are accessible.  However, it is the responsibility of the sponsoring or organizing group to ensure programmatic accessibility.
  7. Members of the public who wish to file a complaint regarding access to University programs, services, and activities shall be informed of the “ADA/Section 504 Complaint Procedures for Members of the Public” (Appendix C).

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Part IV: Accessing Auxiliary Aids and Services: Policies and Procedures

A. General

The Disability Services Coordinator or designee shall:

  1. Provide a confidential form by which a student may disclose the existence of a disability and may request the accommodations or auxiliary aids he/she believes are required for obtaining equal access to, participation in, or benefit from University programs and activities. 
  2. Request documentation which confirms the student's disability.  In order to fully evaluate requests for accommodations or auxiliary aids, the Coordinator or designee will need documentation from an appropriate professional that there is a physical or mental impairment that substantially limits one or more major life activities.  Students with disabilities are not entitled to accommodations by virtue of being a person with a disability.  In order to receive accommodations, students with disabilities need to provide documentation that indicates that without the accommodation(s), they would not have equal access and thus would be subject to discrimination.  It is the responsibility of the student to pay for any costs associated with an evaluation of a disability (e.g., medical tests, testing for a learning disability).
    As appropriate to the disability, documentation should include:
    • A diagnostic statement identifying the disability, date of the current diagnostic evaluation, and the date of the original diagnosis.
    • A description of the diagnostic criteria and/or diagnostic test used.
    • A description of the current functional impact of the disability as it relates to the              accommodation requested.
    • Treatments, medications, assistive devices/services currently prescribed or in use.
    • A description of the expected progression or stability of the impact of the disability over time.
    • The credentials of the diagnosing professional(s).
    Flexibility in accepting documentation is important, however.  Documentation may not be required of students with obvious disabilities.  In some circumstances, the Disability Services Coordinator is an appropriate professional and thus observation is appropriate to the current impact in the context of a request (e.g., wheelchair user, amputee, total blindness, etc.).
    Temporary mental or physical impairments are covered by the ADA if the impairment substantially limits a major life activity.  The issue of whether a temporary impairment is significant enough to be a disability will be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.
  3. Request additional documentation if the documentation provided is insufficient.  The Coordinator may deny a request for an accommodation if the student fails to provide such documentation.
  4. Keep information regarding a student's disability confidential.  Disability-related information shall be kept in separate files with access limited to appropriate personnel.  This information shall be shared with others within the institution on a need-to-know basis only, or with the student's written consent.  Faculty members do not have a right to access diagnositic or other information regarding a student's disability; they only need to know the accommodations that are necessary/appropriate to meet a student's disability-related needs.  The student must give permission to the Coordinator or designee to inform faculty members of the need for specific accommodations.
  5. Determine appropriate and reasonable accommodations and auxiliary aids.  Specific services available to the student are determined based on the impact of the student's disability and the academic courses and activities in which the student is participating.
    The University has the right to deny a request if the documentation demonstrates that no accommodation is necessary.  An accommodation is not reasonable if:
    • Making the accommodation or having the individual involved in the activity poses a direct threat to the health or safety of others;
    • Making the accommodation means making a substantial change in an essential element of the curriculum;
    • Making the accommodation would require a substantial alteration in the manner in which services (educational opportunities) are provided;
    • Making the accommodation would impose an undue financial or administrative burden.
    The University has the right to select among equally effective accommodations and auxiliary aids.  The preferences of the student with a disability shall receive primary consideration in determining appropriate accommodations.
  6. Follow established procedures in which approved accommodations and auxiliary aids are arranged or obtained.   Note that accommodations will not be provided if a student does not request them.
  7. Has the authority to determine appropriate and reasonable accommodations for students with disabilities.  The Coordinator shall send letters via campus mail to inform instructors in writing of the accommodations that are required for a particular student in his/her class(es) each semester.  (Copies will be provided to the student upon request.)  It is the instructor's responsibility to provide the accommodations determined by the Coordinator.  If an instructor considers the accommodation inappropriate, he/she should first consult with the Coordinator.  After consulting with the Coordinator, the instructor has the right to request a reconsideration if he/she still considers the accommodation inappropriate.  Appendix D contains the “Request for Reconsideration of a Disability-Related Accommodation” procedure and contains the form to be used.
    If a request for reconsideration is submitted, the instructor must provide the accommodation(s) during the time period that the appeal is being processed.  A decision not to request a reconsideration of an accommodation shall be taken as an agreement to provide it.
  8. Inform students of their right to appeal a denied request for an accommodation or some other act of alleged discrimination (see Appendix B).  Formal complaints by students are to be filed with the Office of the Vice Chancellor for Student Affairs, who will assign the case to a Grievance Officer (typically, the EEO/AA Officer) within 180 days of the most recent incident of alleged discrimination, unless the complainant can show good cause for a later filing (e.g., an informal complaint had been filed at a previous date or other extenuating circumstances).  Formal complaints by faculty, staff, or members of the public are to be filed directly with the EEO/AA Officer.
    The Grievance Officer has the right and obligation to excuse himself/herself and designate another individual as Grievance Officer if he/she has been previously involved in discussions and/or decisions regarding the complainant and his/her situation.
  9. Maintain confidential record keeping procedures necessary to document institutional responses to requests for accommodations. The number of students with disabilities receiving accommodations will be reported annually to the Dean of Student Services.

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B. Priority Registration

Priority registration makes provision for students whose disabilities impact their academic schedules.  The process relies on student cooperation to facilitate the registration process.  The following procedures identify the responsibilities of the student and the Disability Services Coordinator or designee.

Student responsibilities

  1. Students must provide the Disability Services Coordinator or designee documentation verifying the need for priority registration in a timely manner.  Documentation may not be required of students with obvious physical disabilities.
  2. Students must be accepted for enrollment and be in good financial standing with the University.  New students must pay their advance tuition deposit to be eligible for this service.
  3. Students must comply with all placement testing and registration deadlines.
  4. Students working with the Disability Services Coordinator or designee must meet with their academic advisor during the advising period scheduled prior to the start of early registration.

Disability Services Coordinator or designee responsibility

The Disability Services Coordinator will work with the Registrar to assure early registration for qualified students.                   

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C. Taped Lectures/Notetaking

Taped lectures/notetaking provides access to course lectures for students with disabilities that affect their ability to take lecture notes.  This service relies on student cooperation to facilitate the taped lecture/note taking process.  The following procedures identify the responsibilities of the student and the Disability Services Coordinator or designee.

Student responsibilities

  1. Students must provide the Disability Services Coordinator or designee with documentation verifying the need for taped lectures/notetakers in a timely manner.  Documentation may not be required of students with obvious physical disabilities.
  2. It is recommended that students inform their instructor(s) of the need to tape record the lecture or have a notetaker as soon as it is deemed necessary.
  3. If a notetaker is required, it is recommended that students attempt to find a classmate who is willing to share his/her class notes.
  4. If students are unable to identify a volunteer notetaker, they must notify the Disability Services Coordinator or designee that their need has not been met.  The Coordinator or designee will then locate a notetaker (either a volunteer or an individual to be paid a stipend for the notes, depending on availability of funds), review the Notetaker and Student Agreement Forms Regarding In-Class Notes with the notetaker and the student, provide guidelines for acceptable notetaking, and introduce the notetaker to the student.
  5. Tape recordings of class sessions or notes taken by a notetaker are provided to the student with a disability as an accommodation; they are not to be used or shared in any other context unless verbal or written permission/approval has been given by the class instructor.

Disability Services Coordinator or designee responsibilities

  1. The Disability Services Coordinator or designee may be able to arrange to have lecture notes photocopied for the student.
  2. Upon student request, the Disability Services Coordinator or designee can meet with an instructor or class to help identify a volunteer notetaker.
  3. If attempts to find a volunteer notetaker fail, the Disability Services Coordinator or designee will locate a suitable notetaker and provide training as necessary.
  4. If a student needs to tape class sessions or have a notetaker, the Disability Services Coordinator or designee will notify the instructor in writing.  As faculty have the right to require a student who uses a tape recorder to sign an agreement for tape recording, the Coordinator or designee will provide a copy of an Agreement Form for Tape Recording Lectures to the instructor upon request (see Appendix A).

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D. Taped Books and Academic Materials

Taping services provide audio reproductions of required academic materials (e.g., course syllabi, course handouts) as well as the coordination needed for a student to acquire copies of pre-recorded textbooks.   The University relies on student cooperation to facilitate this process.  The following procedures identify the responsibilities of the student and the Disability Services Coordinator or designee.

Student responsibilities

  1. Students must provide the Disability Services Coordinator or designee with documentation verifying the need for audio reproduction of course materials.  Documentation may not be required of students with obvious physical disabilities.
  2. Students must request the materials they need recorded.
    1. For required textbooks, requests must include the title, author, copyright date, edition and publisher.  (This information can be obtained from the course syllabus or, if the syllabus is not yet available, directly from the course instructor.)
    2. For materials on reserve in the Library, requests must include the course number, section, and name of instructor, as well as the title, author, copyright date, edition and publisher.
    3. For other course materials (e.g., syllabus, course handouts), the student must provide a copy (or arrange to have the course instructor provide a copy) to the Disability Services Coordinator or designee.
  3. Students must provide a current course syllabus which identifies the required readings and time lines.
  4. Students must request taped materials in a timely manner.  Students who participate in priority or early registration should submit requests as soon as they have registered so that arrangements can be made to obtain the taped material as soon as possible.  Students who register during regular registration should also submit requests as soon as they have registered, but they should be aware that it is unlikely that all of the required taped materials will be available at the beginning of the semester.  Priority is given to taping requests based on the time the request is made and the date needed.
  5. If students do not pick up recorded materials on the date materials were requested or use the materials, it will be at the discretion of the Disability Services Coordinator or designee to discontinue this service.
  6. Student must return all tapes at the end of the semester.  Failure to comply with this procedure may result in the suspension of this service.

Disability Services Coordinator or designee responsibilities

  1. The Disability Services Coordinator or designee will priority registration for all students who are eligible for taped books/taping services.
  2. The Disability Services Coordinator or designee will contact Recording for the Blind and Dsylexic (RFB&D) or similiar resources to determine the availability of materials already recorded.  Available materials will be ordered for the student.  If the student prefers to locate the material on his or her own, the Disability Services Coordinator should be informed of this preference.
  3. If required materials are not available through RFB&D or a similar resource, the Disability Services Coordinator will employ other approaches to obtain the material on tape (e.g., hiring readers, locating volunteer readers, using adaptive technology).  If readers are used, the Disability Services Coordinator will provide training as necessary.

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E. Sign Language Interpreters

Sign language interpreter services are appropriate for students who are deaf or hard of hearing.  The University shall arrange for this service in order to provide equal access.  The following procedures identify the responsibilities of the student and the Disability Services Coordinator or designee.

Student responsibilities

  1. Students who need interpreters are encouraged to apply for this and other services simultaneously through the Division of Vocational Rehabilitation.  If that agency refuses to provide services, the student shall provide a letter of denial to the Disability Services Coordinator or designee.
  2. Students must provide appropriate documentation of a significant hearing loss that prevents access to educational services.  Documentation may be either a recent audiogram, language testing or speech evaluation, or other appropriate school/medical records.  Documentation is to be provided a minimum of four weeks prior to the date they are to be used.
  3. It is the responsibility of the student to identify his/her need for an interpreter in a timely manner (at least four weeks in advance) so that arrangements can be made.  If the request is for regular classroom instruction, the student makes the request to the Disability Services Coordinator or designee.  If the request is for an extracurricular activity or event, the student makes the request to the individual designated to respond to such requests for that particular activity or event (or to the University staff member in charge of the activity or event if an individual is not specified).
  4. Any schedule changes (e.g., add/drops, a change in room, class cancellation) must be provided to the Disability Services Coordinator or designee as soon as they occur. 
  5. Students are expected to attend all classes.  If the student is not planning to attend a class, he/she must notify SSSP at least 24 hours in advance so that the interpreter services can be cancelled or reassigned.  If the student is ill and cannot give 24 hours notice of cancellation, the student should contact SSSP as soon as it is known that he/she will not be in attendance.
  6. If the student does not show up for a class without notifying SSSP in advance, the interpreter will notify SSSP and will not remain in the class.  The interpreter will not return to class until the student contacts SSSP.
  7. Failure to follow these procedures may result in the termination of the accommodation and the student being held responsible for the expenses incurred.

Disability Services Coordinator or designee responsibilities

  1. Funds to pay qualified interpreters and provide benefits as appropriate are the responsibility of the University for interpreters not being provided through another source/agency.
  2. With the student's permission, the Disability Services Coordinator or designee may verify the need for an interpreter with a University staff member who has received a request for an interpreter from a student.
  3. In-service training related to hearing impairments for faculty/staff including the use and role of interpreters, expectations for students, and the use of assistive devices will be carried out by the Disability Services Coordinator or designee as needed.

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F. Test Accommodations

Test accommodations allow for alternative testing conditions for eligible students with disabilities.  It relies on student and faculty cooperation to facilitate the process.  The following procedures identify the responsibilities of the student, the Disability Services Coordinator or designee, and the instructor.

Student responsibilities

  1. Students must provide the Disability Services Coordinator or designee with appropriate documentation verifying the need for alternative testing.
  2. It is recommended that the student request test accommodations at the beginning of each semester, or a minimum of 7-10 working days prior to the test date so that appropriate arrangements can be made in a timely manner.
  3. It is recommended that the student notify the instructor at the beginning of the class that he or she will need to have special arrangements for testing.
  4. The student should remind the instructor a minimum of 7-10 working days prior to each test so that appropriate arrangements are confirmed.
  5. If the student believes that an instructor is not providing a test accommodation in an appropriate manner, he or she should discuss this immediately with the Disability Services Coordinator or designee.

Disability Services Coordinator or designee responsibilities

  1. The Disability Services Coordinator or designee will send written notification through campus mail to all instructors regarding any student(s) in his/her class(es) who require test accommodations.  The letter will specify the type of test accommodation required, e.g., extended time (the length will be specified by the Disability Services Coordinator or designee), a distraction-free testing environment.
  2. The Disability Services Coordinator or designee will discuss with the student the need to discuss the test accommodations with his or her instructors early in the semester, so that appropriate arrangements can be made.
  3. The Disability Services Coordinator or designee will personally contact via telephone or office visit any instructors who are new or who have not needed to provide test accommodations in the past.  The Coordinator will discuss the specific test accommodations, explain terminology (e.g., "distraction-free"), make suggestions as to how the instructor can provide the accommodation in an appropriate way, and answer any questions or concerns that arise.
  4. If it is impossible for an instructor to provide a given test accommodation or if a test accommodation involves the need for assistance such as readers or scribes, then the Disability Services Coordinator or designee will make arrangements for the test to be administered by SSSP.  This option shall only be used in situations in which all other options for the instructor providing the accommodation have been exhausted.

Instructors' responsibilities

  1. Instructors shall follow the prescribed test accommodations for each student.  Instructors will be notified of the required test accommodations in writing by the Disability Services Coordinator or designee.
  2. If the instructor does not understand a required test accommodation, he or she shall contact the Disability Services Coordinator or designee for clarification.
  3. If an instructor believes it is not possible to provide a test accommodation, he or she should contact the Disability Services Coordinator designee.  The Coordinator or designee will provide suggestions as to how to provide the accommodation.  If no other option is feasible, the Coordinator or designee will make arrangements for SSSP to administer the test.   It is recommended that the instructor give the Disability Services Coordinator a minimum of 7-10 working days prior to the test so that appropriate arrangements can be made.

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Part V: Grievance Policies

Grievance procedures have been established in order that persons believing that they have been discriminated against or unfairly treated by the University or a member of the campus community may seek a resolution of their dispute.  A discrimination complaint is a formal or informal complaint filed with the designated campus officer that an individual or unit of the University has violated University policy or state or federal laws regarding nondiscrimination.

The Vice Chancellor for Student Affairs is the designated officer to coordinate the University's nondiscrimination programs for students.  The EEO/AA Officer is the individual designated to respond to complaints from employees and the public.

Appendix B contains the University of Hawai'i systemwide Discrimination Complaint Procedures for Employees, Students, and Applicants for Employment or Admission.  Appendix C contains the ADA/Section 504 Complaint Procedures for Members of the Public Who Have Complaints Regarding Access to University Programs, Services, and Activities.  Appendix D contains the Request for Reconsideration Procedure for a faculty member who does not agree with a request for an accommodation.

Additionally, University students and employees may file complaints of discrimination with the

Office for Civil Rights
U.S. Department of Education, Region X
915 Second Avenue, Room 3310
Seattle, WA  98174-1099

Acknowledgments:  Dr. Jane Jarrow, President, Disability Access Information and Support; Hawai'i Community College; Tacoma Community College; Pacific Lutheran University; Oregon State University; Longwood College; John Truesdale, Director of Disabled Student Services at the University of Wisconsin-Whitewater; and the Association on Higher Education and Disability (AHEAD) for assistance with developing these policies and procedural guidelines.

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Appendices

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