Policies and Procedures for Faculty Seeking Accommodations for Disabilities

D25A

Elon University supports and acknowledges that faculty members with disabilities deserve protections and the same opportunities as colleagues who are not disabled. Consistent with the United States' Americans with Disabilities Act (ADA) and North Carolina's Persons with Disabilities Protection Act, Elon University's non-discrimination policy and Elon University's Policy and Procedures for Accommodating Faculty with Disabilities, prohibit discrimination against qualified employees with disabilities.

It is the policy of Elon University to offer reasonable accommodations to faculty members seeking accommodation for disabilities. In providing accommodations, Elon University recognizes: (1) The faculty member alone has the right and responsibility to identify himself or herself as an individual with a disability when seeking an accommodation; (2) Once identified, the faculty member and the official Elon University designee must confidentially engage in good-faith discussions about how best to accommodate the disability; (3) Agreed upon accommodations must be made in a timely manner and on an individualized and flexible basis, and (4) The disabled faculty member must be able to accomplish the essential functions of his or her position, either with or without an accommodation.

The following Handbook sections provide the procedures for making a request for a disability accommodation and the definitions of terms used in the policy and procedures.

1. The interactive process of receiving an accommodation under the ADA begins when a faculty member contacts the University’s designated officer with a request, preferably in writing, for such an accommodation. In the request, the faculty member should, to the best of his or her ability, provide an explanation of his or her disability. The faculty member may choose to include documentation in this initial request, but is not required to do so.
2. The designated officer will then meet with the faculty member to discuss the request and to develop a plan for reasonable accommodation. At the faculty member’s discretion, his or her chair and/or dean may be included in this meeting. Through discussion, the participants will seek to
   1. identify the essential and marginal functions of the position (if not already done);
   2. discuss the faculty member’s specific physical or mental impairments or limitations as they relate to the essential functions, along with the potential accommodations; and
   3. identify the reasonable accommodation that best serves the needs of the faculty member.

   As part of this process, the designated officer may require the faculty member to provide medical documentation to verify a condition or to provide further information that will assist in identifying reasonable accommodations. In many cases documentation is necessary to determine the appropriate accommodation. The designated officer may seek advice from third-party experts when necessary, with the faculty member’s consent and in a manner that protects his or her privacy.

3. The designated officer will document this interactive process and create a document that verifies the existence of the disability and summarizes the reasonable accommodations agreed upon by the designated officer and the faculty member (a document similar to the “Disability Verification and Notice of Accommodation” currently being used for students). To the extent necessary, this documentation should include a long-term plan for dealing with changes in the faculty member’s need for accommodations over time.
4. Copies of the accommodation plan, as well as any additional information (medical or other) gathered by the designated officer, will be:
   1. kept confidential,
   2. securely stored in the office of the designated officer and kept separate from the faculty member’s personnel file,
   3. made available to the faculty member, who may share it with others at his or her discretion, and
   4. destroyed seven years after the faculty member’s term of employment at Elon University ends.
5. According to the American Bar Association, while the “ultimate determination about the reasonable accommodations to be provided” rests with the university, the faculty member “can refuse to accept an offered accommodation.” ¹
6. Appeal of Disability Accommodation Decision:
   1. Faculty members who do not accept an offered accommodation may file an appeal with the Director of Human Resources.
   2. The Director of Human Resources, in cooperation with the Academic Council, will arrange for a hearing to be conducted by a three-member ad hoc committee (Disability Accommodation Appeal Committee) consisting of:
      1. One member selected from Elon's faculty or staff by the faculty member making the appeal;
      2. One member from Academic Council selected by Academic Council via formal vote;
      3. One Elon faculty or staff member from outside the Department of Human Resources selected by the Director of Human Resources.
   3. The Disability Accommodation Appeal Committee will select a Chair from its members by majority vote. If no member receives a majority, the Chair of Academic Council will appoint a member of the committee as Chair of the committee. The Committee Chair will determine whether the hearing will be formal or informal. If a formal hearing is held, the faculty member making the appeal may be accompanied by and represented at the hearing by an Elon University employee of his or her choosing. Reasonable provision will be made for other employees to appear as witnesses.
   4. The deliberations by Disability Accommodation Appeal Committee should normally be completed within 30 calendar days of its formation. In its deliberations, the Disability Accommodation Appeal Committee will consider all information gathered during the process defined in the Policies and Procedures for Faculty Seeking Accommodations for Disabilities outlined above, as well as any insights gained through the hearing, formal or informal. The committee may seek additional information from any of the parties involved. The Disability Accommodation Appeal Committee will make a recommendation regarding the appeal within 21 calendar days of completing its deliberations.
   5. Recommendations of the Disability Accommodation Appeal Committee as to disposition of the case will be made to the President of the University with a copy of same to the faculty member making the appeal and to the Director of Human Resources. The President may accept the recommendation of the Disability Accommodation Appeal Committee or the university’s original determination of reasonable accommodations. The President’s decision will then be communicated to the Director of Human Resources, the faculty member bringing the appeal, and the members of the Disability Accommodation Appeal Committee within 7 calendar days.

¹http://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/an_introduction_to_the_reasonable_accommodation_process_under_the_ada_and_the_rehabilitation_act.html

Disability refers to a physical or mental impairment that substantially limits or restricts a major life activity, such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, or working.

Essential Functions are basic job duties that a faculty member must be able to perform, with or without reasonable accommodation.

Marginal Functions are non-essential, secondary job duties that do not need to be accomplished by a specific individual in order for the essential functions of an employee's job to be accomplished. Marginal functions can be performed by another individual or mechanism.

Reasonable Accommodation is any change or adjustment to a job or work environment that permits a qualified individual with a disability to perform the essential functions of his or her job, or to enjoy benefits and privileges of employment equal to those enjoyed by others without disabilities.

Qualified Individual with a disability refers to an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.