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Disability Accommodation Policy for Employees & Students 4.3-3

Details

Category:
Human Resources
Authorizing Body:
President - PRES
Responsible Department:
Human Resources
Applies To:
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Adopted Date:
03/04/2019
Revised Date:
05/28/2020
Print Policy

Introduction/Purpose

Saginaw Valley State University is committed to the fundamental principles of equity and accessibility by providing all faculty, staff and students with access to the University’s programs, services, events and activities. The aim of this policy is to support an inclusive environment by incorporating design concepts that reduce or remove barriers. Persons with a disability are not required to identify themselves as persons with a disability or to request an accommodation. However, the University cannot accommodate an individual who does not inform the University about his/her disability and his/her need for an accommodation.

Policy

Discrimination against persons with disabilities, as defined by Michigan and federal law, is prohibited.  Discrimination against persons because they have a known association or relationship with an individual with a disability is also prohibited. The University provides reasonable accommodation to qualified individuals with disabilities so that they can perform their essential job functions unless doing so would cause an undue hardship. Retaliation against an individual who requests an accommodation is prohibited.

Procedures

It is the responsibility of the individuals with disabilities to seek available assistance at Saginaw Valley State University and to make their needs known and to engage in an interactive exchange of information and accommodation options to overcome identified limitations.

Saginaw Valley State University Employees

University employees requesting accommodations for a disability should, within 182 calendar days of being hired or of learning of the need for an accommodation, make a written request through the Office of Human Resources. The employee should be prepared to provide medical documentation from an appropriate health care or rehabilitation professional of the nature, severity and duration of the disability; the activity or activities that the impairment limits; the extent to which the impairment limits the employee’s ability to perform the activity or activities; suggested accommodations and how those accommodations will enable the employee to perform their essential job functions. 

After a request for accommodation has been made, the Office of Human Resources, the employee’s dean or director and the employee, with possible additional input from appropriate health care professionals, will discuss possible reasonable accommodations and assess the effectiveness each would have in enabling the faculty or staff member to perform his/her job including the following:

A. The essential job functions of the position.

B. The employee’s ability to perform essential job functions with or without a reasonable accommodation; and,

C. Possible types of reasonable accommodations, if any are needed. 

Reasonable accommodations vary depending on the circumstances of each case. In evaluating alternatives for accommodation, the preferences of the individual are considered, but the ultimate decision regarding what type of accommodation, if any, will be provided is made by the University. Nothing in this policy shall be construed to waive the University’s right to contest whether a faculty or staff member is disabled or is entitled to an accommodation.

Medical documentation, as well as other related materials, will be maintained in the Office of Human Resources. Such documentation is kept confidential, except as necessary to administer the accommodation process or otherwise permitted by law. Such documentation may be shared only with those individuals involved in the accommodation process on an as-needed basis. 

Individuals who feel that they have experienced discrimination or retaliation may contact the Office of Human Resources or Office of Diversity Services.

Saginaw Valley State University Students

Saginaw Valley State University students with disabilities who would like to request accommodation should contact the Office of Accessibility Resources and Accommodations.

Definitions

Disability:  According to the Americans With Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, a history or record of such an impairment(s) or something perceived by others as such an impairment(s). 

Essential functions: The fundamental job duties of the employment position. To be qualified for a position, an individual must be able to perform the essential functions of the job, with or without a reasonable accommodation.

Reasonable accommodation: One or more modifications or adjustments to the work environment, or to the manner or circumstances under which the position is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position.

Related Policies & Forms

Appendix

Americans with Disabilities Act

https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees#4

https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

https://www.eeoc.gov/statutes/notice-concerning-americans-disabilities-act-ada-amendments-act-2008

Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq