Student Section 504/ADA Modification and Accommodation Policy

Purpose

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) prohibit discrimination against individuals with disabilities. In accordance with these laws, Lindenwood University provides reasonable accommodations and modifications for otherwise qualified students with disabilities when requested and approved. The term disability means that an individual has a mental or physical impairment which substantially limits one or more major life activities. This policy is intended to guide the student disability accommodation and modification process once a request for an accommodation or modification has been made by a student.

Those with questions about this policy, including prospective students who may need a disability accommodation and/or modification during the admissions process, should contact Janet Owens, the Student Support and Accessibility Program Manager at 636-949-4768 or jowens1@lindenwood.edu.

Scope

This policy applies to all student disability accommodations and modifications.

Policy

A. The Interactive Process Between the University and the Student

At the postsecondary level, students are required to self-identify as a person with a disability and affirmatively make a request for an accommodation to the University. Once such a request has been made and received by the University, the University will engage in an interactive process with the student to determine what, if any, corresponding reasonable accommodations and/or modification are available.

A student requesting an accommodation based on a disability must have a disability covered by law and be qualified for the University’s programs with or without reasonable accommodation. The University is only obligated to provide reasonable accommodations, and it is not required to fundamentally alter its programs to accommodate a student or provide an accommodation that poses an undue burden on the University. Thus, it is possible that not all accommodation requests will necessarily be granted. In some instances alternative accommodations may be proposed.

Accommodation requests and supporting documentation are reviewed on an individualized, case-by-case basis. As such, approved accommodations may vary from person to person and from environment to environment for students with the same disability diagnosis. Documentation of a specific disability does not translate directly into specific accommodations.

During the interactive review process, appropriate University employees may be consulted to determine the appropriateness of requested accommodations and how best to implement certain accommodations.

Temporary accommodations may be available while the University engages in the interactive process to determine whether an ongoing accommodation is appropriate and, if so, what reasonable accommodations are needed. However, temporary accommodations do not reflect a determination that ongoing accommodations will be granted and/or what reasonable accommodations are appropriate, nor do they create an obligation on the part of the university to continue accommodating the student.

B. Requesting Accommodations and Documentation

Students should submit the accessibility application and appropriate medical documentation to be reviewed by the Student Support and Accessibility Program Manager to request accommodations. Students should not make accommodation requests directly to faculty members or any other University employee; if this occurs, students should be referred to the Student Support and Accessibility Program Manager.

The University encourages the timely request of accommodations prior to the start of a school term because the interactive process takes time to complete. However, accommodation requests can be made and will be accepted and considered at any time.

Note that granted accommodations are not effective retroactively. Students will not be able to re-do assignments or re-take exams they originally took before they requested and were approved for accommodations.

Some common accommodation requests include: testing services (including extended time on exams and/or reduced distraction rooms), reader, audio recorded lecture, copy of lecture notes or power points, enlarged text, and specific classroom seating. This list is not exhaustive and students should feel free to request other accommodations for consideration by the University.

Supporting documentation will be required, when appropriate. Appropriate documentation may vary depending on the circumstances but should generally include (1) a description of the qualified professional’s credentials, (2) a description of disability-related impairments as they relate to the student’s ability to learn and participate in the academic program, (3) a description of any tests, assessments, facts, observations, records, other materials, and/or evaluations that the professional relied on in arriving at their specific diagnosis, and (4) a list of accommodations which the professional believes would allow the student to fully and equally participate in his/her educational program and how the professional expects the suggested accommodations to help the student.

The fact that specific accommodations are recommended by a professional does not guarantee that those accommodations will be granted. While documentation of past accommodation history is important and will be considered, it is not determinative as to what accommodations will be granted by the University. The University may provide alternative accommodations as it deems fit instead.

The University reserves the right to request additional documentation if the initial documentation does not provide sufficient information.

C. Implementation of Approved Accommodations

Once a student has been approved for accommodations, the Student Support and Accessibility Program Manager will prepare a document outlining these approved accommodations. This document will be provided to the student for them to review, sign, and return to the Student Support and Accessibility Program Manager. It is the student’s responsibility to discuss the approved accommodations with the faculty member in each course for which the student wants the accommodations to be implemented. The faculty notification form will be emailed to the instructors and the student will be copied on it, to inform them of the outlined classroom accommodations.

A student who believes that an approved accommodation is not being appropriately implemented or is otherwise having difficulty with a faculty member related to accommodations, should first attempt to resolve the issue informally with the faculty member involved. The Student Support and Accessibility Program Manager may act as a liaison in some circumstances in order to assist in resolving issues between the student and the faculty member. If the situation cannot be resolved informally, the student may file a grievance in accordance with the procedures outlined below.

D. Checking-In, Modifications, and Additional Accommodations

Students who have approved accommodations should check-in with the Student Support and Accessibility Program Manager prior to the start of each semester or school term. The purpose of checking-in is to generally discuss the implementation of the student’s accommodations, identify any issues of concern, discuss the student’s upcoming class schedule, consider whether any additional accommodations are necessary or if current accommodations need to be modified. It is the student’s responsibility to engage the Student Support and Accessibility Program Manager in this discussion, and the presumption will be that there are no significant issues of concern if the student fails to contact the Student Support and Accessibility Program Manager to check-in.

Notwithstanding the previous paragraph, students do not need to wait until the pre-semester check-in to request additional accommodations or modifications. Students who have been granted accommodations may request additional accommodations and/or modifications to their already granted accommodations at any time by contacting the Student Support and Accessibility Program Manager.

E. Appeals Procedure Related to Disability Accommodations

It is the responsibility of students to initiate and pursue the accommodation process and this appeal process. No student will ever be subjected to negative consequences or suffer retaliatory action as a result of filing an appeal or requesting accommodations.

Appeals are not new or additional reviews of each request, and are not granted based solely on a student’s disagreement with an accommodation decision. Students who wish to formally appeal an accommodation decision, may do so under specific conditions. Grounds for an appeal must be based upon one or more of the following conditions:

Procedural error: A procedural error(s) occurred during the original accommodation review process that may have impacted the outcome of the review.
New information: Specification of new information, not available at the time of the initial review that, if introduced, may have altered the outcome of the review. A detailed account of the new information must be clearly described and be accompanied by supporting documentation from a certifying professional such as a treating physician, current therapist, or similar person. Information is not considered new that existed at the time of the original accommodation request but was voluntarily withheld during the initial review.
Evidence of discrimination or bias on the part of the individuals making the decision, or an inability to consider the accommodation request objectively and completely.

Appeals must be in writing and the letter of appeal must be submitted within 10 business days of the receipt of the accommodation decision letter. In addition to the factual information requested, the appeal letter and accompanying form must include:

a statement explaining the grounds for the appeal;
relevant supporting information and documentation; and
a statement of the desired outcome of the appeal request.

Once the appeal is received:

The Director, Student Support Services will consider the appeal.
Copies of all pertinent documentation will be made available to the Director, Student Support Services at the time of the review. Students should be aware that documentation that contains confidential student information will be viewed by the Director who will hold this information in strict confidence.
The Director, Student Support Services will review the documentation, consult with the appropriate offices, and make a determination to either uphold or recommend a modification of the original decision.
The student will be notified of the outcome of the appeal within 15 business days of receipt of its initiation.
The decision to modify or uphold the original decision is final.

F. Questions

Questions about this policy and/or the accommodation process should be directed to Janet Owens, the Student Support and Accessibility Program Manager at 636-949-4768 or jowens1@lindenwood.edu.