A. Introduction
B. Student Requests
C. Staff/Faculty Employee Requests
D. Job Applicants
E. Beneficiaries of Programs, Services and Activities

Section III - Complaint and Hearing Procedure

A. Purpose
B. Complaints
C. Complaint and Hearing Procedure
D. Appeals

 A. Purpose

The purpose of this operating policy/procedure is to ensure understanding of the University’s responsibilities regarding the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 as amended (Section 504). It is the policy of Texas Southern University (TSU) to provide reasonable accommodations upon request for qualified individuals with a disability who are students, employees, or applicants for employment. TSU will adhere to all applicable state and federal laws, regulations and guidelines with respect to providing reasonable accommodations as required in an effort to offer equal opportunities to qualified disabled individuals. The Provost and the Associate Provost for Student Services will review this policy on an annual basis and forward any recommendations for revisions to the Human Resources Department.

B. Introduction

The Americans with Disabilities Act (ADA) of 1990 mandates equal opportunities for persons with disabilities in all public facilities, programs, activities, services and benefits derived from them. Section 504 of the Rehabilitation Act of 1973, as amended, mandates equal opportunity for qualified persons with disabilities in all programs, activities and services of recipients of federal financial assistance. Both the ADA and Section 504 are civil rights statutes which prohibit discrimination on the basis of disability, obligate colleges and universities to make certain adjustments and accommodations, and offer to persons with disabilities the opportunity to participate fully in all institutional programs and activities.

Section 504 states “a handicapped person is anyone with a physical or mental impairment that substantially impairs or restricts one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”

For federally assisted programs or activities operated by post-secondary education recipients, the specific obligations with regard to handicapped or disabled students, faculty or staff, include but are not limited to the following:

• All programs and activities must be offered in the most integrated setting appropriate.
  Academic requirements must be modified, on a case-by-case basis, to afford qualified handicapped or disabled individuals an equal educational and/or work opportunity;
• A recipient may not impose upon disabled individuals rules that have the effect of limiting their participation in the recipient’s education program or activity; for example, prohibiting tape recorders in classrooms or guide dogs in campus buildings.
• Students with impaired sensory, manual or speaking skills must be provided auxiliary aids such as taped texts, interpreters, readers and classroom equipment adapted for persons with manual impairments.

Texas Southern University provides all educational and other university-sponsored programs and activities to persons with disabilities in the most integrated setting appropriate. Students, employees, applicants and other individuals with disabilities served by TSU are not segregated, separated or treated differently. TSU does not require persons with disabilities to take advantage of all adjustments, accommodations or special services.

 C. Scope

This policy applies to students, staff, faculty, job applicants, and other beneficiaries of the programs, services, and activities of TSU.

D. Definitions 

1. “ADA/Section 504 Coordinator”. The University’s Employment Compliance Officer acts as the ADA/Section 504 Coordinator for faculty, staff and students, and ensures the University’s compliance with relevant federal and state laws regarding the ADA.
2. “Disability”. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities.
3. “Qualified individual with a disability”. An individual who has a physical or mental impairment as defined above, has a record of such impairment, or is regarded as having such impairment, who possesses the requisite skills, education, experience and training for a position, and who can, with or without a reasonable accommodation, perform the essential functions of the position the individual desires or holds.
4. “Reasonable Accommodation”.  A modification or adjustment to the job application process or the work or academic environment that enables a qualified person with a disability to be considered for a position, perform the essential functions of a position, or enjoy the same benefits and privileges of employment and academics as are enjoyed by similarly situated employees or students without disabilities. Reasonable accommodations include, but are not limited to, modifying written examinations, making facilities accessible, adjusting work schedules, restructuring jobs, providing assistive devices or equipment, providing readers or interpreters, and modifying work sites.
5. “Substantial limitation”. An impairment that prevents the performance of a major life activity that the average person in the general population can perform, or a significant restriction as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population.
6. “Undue hardship”. An action that is unduly costly extensive, substantial, disruptive, or an act that would fundamentally alter the nature or operation of the business. An “undue hardship” is determined in accordance with the Americans with Disabilities Act (ADA), the Texas Commission on Human Rights Act, and relevant case law. Factors to consider in determining whether an accommodation would impose an undue hardship, include, but are not limited to, the nature and cost of the accommodation, financial considerations, the impact of the accommodation upon the nature and operation of the department and how the request affects the health and safety of other employees or students.

 E. Information

Any communications from the University shall be made accessible to all students and employees concerning ADA and Section 504 related information. This includes student and employee policies, procedures, emergency evacuation plans, and other related information that shall be published in the student course selection booklet, student catalogs and handbooks, employee handbooks and the University’s Staff Operating Manual.

 F. ADA Oversight Committee

The ADA oversight committee has been charged by the President with overseeing all aspects of the University’s compliance with ADA laws. The members of the committee serve for a term of two (2) years. The President may appoint new members at the expiration of the two year term. Representation will include an individual from the Office of the General Counsel, Student Affairs, Human Resources, Thurgood Marshall Law School, Maintenance and Operations, Department of Special Events and three (3) members from the student and faculty body, totaling nine (9) members for the Oversight Committee.

The Oversight Committee will ensure that TSU will make such modifications to its campus, classrooms and testing requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating on the basis of disability. Specifically, the procedures will address the following:

1. certifying that an individual has a disability;
2. undertaking reasonable steps to obtain a professional determination of whether academic adjustments/auxiliary aids are necessary and if they are, what kind;
3. determining, on an individual basis, what academic or workplace adjustment(s)/auxiliary aid(s) TSU will grant, and ensuring that the academic or workplace adjustment(s)/auxiliary aid(s) granted is/are of an acceptable level of quality and effectiveness for each student/employee making such a request on the basis of a disability;
4. providing students/employees a justification for denial of an academic or workplace adjustment/auxiliary aid, or for the selection of another academic or workplace adjustment/auxiliary aid, if the provided academic or workplace adjustment/auxiliary aid is different from that requested by the student/employee;
5. providing students/employees a reasonable opportunity to submit additional information to TSU, if their initial documentation does not support the request for academic or workplace adjustments/auxiliary aids; and
6. ensuring that decisions regarding requests for academic or workplace adjustments/auxiliary aids are made in a timely manner.

G. ADA/Section 504 Coordinator

The University’s ADA/Section 504 Coordinator, in conjunction with the ADA Oversight Committee and ADA Hearing Committee, is responsible for ensuring that the University is in compliance with all applicable state and federal laws regarding the ADA and responding to requests for information from outside agencies regarding ADA concerns and/or complaints.

H. ADA Hearing Committee

The ADA Hearing Committee is responsible for hearing all ADA complaints submitted by students or employees. The Committee is composed of three (3) students, two (2) faculty members and two (2) administrator/staff members. The two (2) faculty members who serve on the Committee shall be appointed by the Faculty Senate at the beginning of the academic year and shall serve for the entire fiscal year (September 1 – August 31). One of the faculty members or administrator/staff members shall serve as Chair of the Committee.

I. ADA Building Representative

A designated representative in each building (Hannah Hall, Bell, Fairchild, School of Business, Library, Student Center, etc.) serves as the point-of-contact for all ADA and Section 504 accessibility issues. That individual is responsible for ensuring that all residents in the building are properly notified regarding ADA and Section 504 announcements and emergency evacuation plans. The representative also works with the Maintenance and Operations Department to ensure that the buildings that the University owns and/or operates are maintained within the standards of compliance required by the relevant provisions of the ADA and Section 504.

Section II - Procedures for Requesting Accomodations

A. Introduction

All offices and individuals responsible for reviewing and analyzing the request shall maintain the confidentiality of all medical and ADA information. Records and information obtained about employees as part of a request for accommodations shall be maintained in a secure location in the ADA/Section 504 Coordinator’s office. Records and information obtained on students as part of an accommodations request shall be kept in a secure location in the Office of Disabled Student Services (ODSS). All information shall be kept confidential, to the extent allowed by law, and shall be shared on a limited need-to-know basis to implement the accommodation request.

The University may, at the University’s expense, request an independent medical opinion concerning the impairment for which an employee or student seeks an accommodation. Failure of an employee or student to cooperate in obtaining such an opinion will result in the cancellation of the request for accommodation.

B. Student Requests

Students requesting eligibility for accommodation and services may initiate a request for accommodation(s) by contacting the ODSS in the Fairchild Building, Room 145. Individuals will be required to provide a recent medical statement that contains a diagnosis, prognosis, and a description of the specific impairment(s) and the major life functions and activities affected by the impairment. Individuals may be asked to submit additional medical information if the information previously provided is incomplete, unclear, or inconsistent, according to the guidelines set forth by the ODSS. 

All documentation and information submitted with a request for accommodations shall be reviewed and considered by the University. The University may consult with an outside expert, who will assess the request and make recommendations for modifications. If a student is dissatisfied with the determination on accommodations, he or she may initiate a request for reconsideration with the ODSS and may include additional information. The ODSS and/or its consultant will review the determination and consider any additional information.   The ODSS will then issue a written notice of reconsideration of the student’s request. If a student is still dissatisfied with the determination, he or she may file an ADA complaint under the procedures outlined in Section II below.

C. Staff/Faculty Employee Requests

Staff/faculty employees of TSU may request an accommodation by notifying the ADA/Section 504 Coordinator in writing stating the nature of their disability and the accommodation requested. Employees may be required to provide a recent medical statement by an appropriately licensed professional that contains a diagnosis, prognosis, and a description of the specific impairment(s) and the major life functions and activities affected by the impairment. Employees may be asked to submit additional medical information if the information previously provided is incomplete, unclear, outdated or inconsistent. If the employee does not provide the required documentation and information within thirty (30) days, the request for accommodations may be cancelled for lack of necessary information.

In the event that a supervisor receives a request for accommodation, the supervisor shall immediately notify the ADA/Section 504 Coordinator so that the request may be processed in a timely manner. Any supervisor who, in the course of job performance counseling, is informed by an employee that a physical or mental condition may be affecting the employee's work performance shall refer the employee to the ADA/Section 504 Coordinator. 

The ADA/Section 504 Coordinator will analyze the request and confer with the employee and the supervisor to ascertain the employee’s requirements and input on a reasonable accommodation, and make a determination regarding which accommodations are necessary. If the employee is unable to demonstrate a disability, or does not request a reasonable accommodation under the guidelines set forth in this policy, the request may be denied.

Employees or supervisors may obtain information concerning disabilities and accommodations from the ADA/Section 504 Coordinator in the Office of General Counsel. Employee requests for information and the provision of information by an Office of General Counsel staff member concerning disabilities and accommodations is not considered a part of the accommodation process.

D. Job Applicants

Applicants for employment may request accommodations by contacting the Office of Human Resources in Hannah Hall 126, the department in which they will be interviewing, or the chair of the search committee, when applicable. Upon receipt of a request, the chair of the department or search committee shall immediately notify the Office of Human Resources or the ADA/Section 504 Coordinator regarding the request. If the Office of Human Resources receives a request, the request should be forwarded to the ADA/Section 504 Coordinator, who will assist the Office of Human Resources in determining what reasonable accommodations may be offered to a potential job applicant.

Applicants may be required to provide a recent medical statement by an appropriately licensed professional that contains a diagnosis, prognosis, and a description of the specific impairment(s) and the major life functions and activities affected by the impairment. Applicants may be asked to submit additional medical information if the information previously provided is incomplete, unclear, outdated or inconsistent. If the applicant does not provide the required documentation and information within thirty (30) days, the request for accommodations may be cancelled for lack of necessary information.

E. Beneficiaries of Programs, Services and Activities

Beneficiaries of programs, services and activities may request accommodations by contacting the department or organization hosting the event, program, or activity. A designee of the event, service, or activity shall immediately notify the ADA/Section 504 Coordinator regarding the request. The ADA/Section 504 Coordinator shall determine, on a case-by-case basis, what reasonable accommodations may be offered.

Individuals may be required to provide a recent medical statement by an appropriately licensed professional that contains a diagnosis, prognosis, and a description of the specific impairment(s) and the major life functions and activities affected by the impairment. Individuals may be asked to submit additional medical information if the information previously provided is incomplete, unclear, outdated or inconsistent. If the individual does not provide the required documentation and information within a reasonable time prior to the event, service, or activity, the request for accommodations may be cancelled for lack of necessary information.

Section III - Complaint and Hearing Procedure

A. Purpose

The purpose of this procedure is to provide the primary process for addressing student and employee complaints based on disabilities under the ADA and Section 504 of the Rehabilitation Act of 1973. Texas Southern University has adopted an internal complaint procedure providing prompt and equitable resolution of complaints alleging any action prohibited by Title II of the ADA and/or Section 504 of the Rehabilitation Act. Any individual who believes he or she was denied a reasonable accommodation or received insufficient accommodations in violation of this policy or disability laws may file an ADA complaint with the appropriate University official. 

B. Complaints

All student ADA complaints should be addressed to the:

Assoc. Provost for Student Services
TSU Office of Student Services
Student Recreation Center, Room 212
3100 Cleburne
Houston, Texas 77004
(713) 313-1038

All other ADA complaints should be addressed to the:

ADA/Section 504 Coordinator
Texas Southern University
Office of General Counsel
3100 Cleburne Avenue
Hannah Hall, Suite 310
Houston, Texas 77004
(713) 313-7950

C. Complaint and Hearing Procedure

1. A complaint should be filed in writing, contain the name, address and telephone number of the complainant, and briefly describe the alleged violation of the regulations. The complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged violation.
2. After receiving an ADA complaint, The University’s ADA/Section 504 Coordinator shall schedule a hearing before the ADA Hearing Committee and submit a copy of the complaint and any other relevant documents to the committee. The hearing shall be scheduled within twenty-one (21) days from the date the ADA/Section 504 Coordinator receives the complaint.
3. The hearing shall consist of opening statements, if desired, by the complainant, the institution or their representatives, and testimony by any witnesses called by the complainant or the institution. During the hearing, both parties and the members of the Hearing Committee shall have the right to question witnesses and introduce any relevant exhibits to the committee. The complainant shall have the responsibility of presenting relevant facts and circumstances to establish the validity of the complaint. Formal rules of evidence will not apply during the hearing. The proceeding shall be non-adversarial in nature.
4. The Chairperson shall control the hearing and take appropriate action to insure an equitable, orderly, and expeditious hearing. As presiding officer, the Chairperson may remove anyone not complying with the rules and/or disrupting the hearing. Witnesses will be heard one at a time, and may be excused from the hearing by the Chairperson after testifying.
5. Either party may request in writing at least ten (10) working days prior to the hearing that the proceedings be tape-recorded. At the conclusion of the testimony, both parties will be permitted to make a closing statement. Following the hearing, the Hearing Committee will retire to deliberate and will submit a written report of its recommendations to the ADA/Section 504 Coordinator within seven (7) days after hearing the complaint.
6. The complainant may request an appeal of the case in instances where he or she is dissatisfied with the resolution. The request for an appeal should be made within five (5) business days of receiving the decision of the Hearing Committee to the:

ADA/Section 504 Coordinator
Texas Southern University
3100 Cleburne Ave.
Hannah Hall, Suite 310
Houston, Texas 77004

D. Appeals

The Assoc. Provost for Student Services shall appoint the ADA appeals committee to hear appeals related to the ADA and Section 504. The Appeals Committee is composed of three students, two faculty members and two administrators/staff members.  A faculty member or administrator/staff member shall serve as Chair of the Appeals Committee.  The ADA Appeals Hearing shall be conducted in accordance with the hearing proceedings outlined in Section C above.  Upon completion of the appeal, a copy of the final resolution resulting from the complaint procedure shall be provided to the ADA Coordinator who will notify the appropriate persons in the department where the violation has occurred.