ADMINISTRATIVE RULE NO: 1015-02

RELATED TO POLICY SERIES NO: 1015

TITLE: REQUESTS FOR DISABILITY RELATED ACCOMMODATION

PURPOSE

To advance the college’s strategic goal of equity, to honor the college’s value of inclusion, and to comply with the requirements of state and federal law related to reasonable accommodation and access to education and educational materials for persons with disabilities.

STATEMENT

The right to request disability related reasonable accommodation is afforded to all employees and students by the Americans with Disabilities Act (ADA) and related laws. Failure to grant a reasonable accommodation to a qualified employee or student could potentially constitute a form of unlawful discrimination. The college has the right to employ the least expensive/invasive accommodation that allows the student/employee to fully perform/participate. As such, this Administrative Rule is associated with Board Policy 1015- Nondiscrimination and Non-harassment.

PROCESS: STUDENTS

Requests for accommodation are routinely resolved by the Director of the Center for Accessibility Resources (CFAR) or designee.

Formal Request

  1. Requests are processed in the following manner: The Center for Accessibility Resources (CFAR) shall publish to the LBCC website clear directions, forms or links for initiating and using accommodations. Students shall follow the published CFAR process and participate in the confidential interactive planning process, providing evidence of disability as necessary. 
  2. If the request for accommodations cannot be resolved through the interactive process, the student may proceed to the informal or formal resolution process for reconsideration.

Resolution Process

  1. The student shall make the CFAR Director aware in writing that the student believes there is a denial of reasonable accommodations, clearly stating:
    1. What disability impact/need is unmet and why
    2. One or more accommodations that would adequately meet the student’s needs. 
    3. The CFAR Director shall have seven (7) days to resolve the request after notice of denial.
  2. After those seven (7) days, the student may present the same written request or expanded request to the Dean of Instruction.
  3. If dissatisfied with the resolution through the Dean of Instruction, students may appeal a denial of reasonable accommodation by using the online formal complaint process.


PROCESS: EMPLOYEES

Employees can informally or formally request a workplace adjustment for accommodation.

Informal Request
If an employee requires a workplace adjustment or accommodation that draws on resources and/or decisions within the supervisor’s control, an informal request may expedite a solution.

  1. The employee may choose to make an oral or written request directly to his/her immediate supervisor for consideration. 
  2. The supervisor will meet or communicate with the employee and discuss accommodations as appropriate. 
  3. The supervisor will respond to the request and may seek guidance from the CFAR Director.
  4.  The Supervisor will notify the CFAR Director when informal requests are agreed on and implemented.
  5. If the employee’s needs are met, the matter is resolved. If the supervisor and employee are unable to agree on a plan, the employee is directed to the Formal Process below.

Internal Formal Request
Employees may enter a formal request for workplace adjustment or accommodation.

CFAR shall publish to the LBCC website clear directions, forms and/or links to a database for initiating and using accommodations. The employee making a formal request shall follow the published CFAR process and participate in the confidential interactive planning process, providing documentation as necessary per statutory allowances.

  1. The employee will complete an accommodation request form. CFAR will contact the employee to engage in the interactive process. 

Resolution Process

  1. Within thirty (30) college business days, employees may appeal a denial of a reasonable accommodation by using the online formal complaint process. 
    1. The appeal would be heard by the Executive Director of Human Resources or designee. 
    2. If additional medical documentation may be necessary as part of the appeal process, timelines may be adjusted accordingly.
    3. The employee will be notified of the decision in writing within thirty (30) college business days.


DATE OF ADOPTION: 07/09/96
DATE(S) OF REVISION(S): 10/04/12, 06/04/15, 05/02/19; 06/08/23
DATE OF LAST REVIEW: 12/15/09, 10/04/12, 06/04/15, 05/02/19; 06/08/23