Americans with Disabilities Act/Section 504

TMCC Procedures for Accommodation of Americans with Disabilities Act (ADA) Requests

• Where to Direct ADA-related Inquiries
• ADA Accommodation Requirements
• Procedures
• Determination and Provision of Reasonable Accommodations
• Complaint Procedures
• Equal Employment Opportunity/Affirmative Action Statement
• Reasonable Accommodations for the Academic Needs of Students with Disabilities
• Service Animals Policy & Procedure

Where to Direct ADA-related Inquiries

For inquiries concerning faculty, staff, visitors and facilities:
Kim Studebaker, Interim Director, Human Resources, 775-674-7502

For inquiries concerning students:
Joan Steinman, Director, Disability Resource Center, 775-673-7277

ADA Accommodation Requirements

This procedure applies only to applicants for employment and employees, including student employees.

In the employment or reemployment of all personnel, the NSHE recognizes that all persons regardless of race, religion, color, age, sex (including a pregnancy related condition), sexual orientation, military status or military obligations, disability (including veterans with service connected disabilities), or national origin shall have equal access to positions in the public service, limited only by their ability to do the job. (Board of Regents Code)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. (TMCC Policy 2522) Truckee Meadows Community College (hereafter referred to as "TMCC") does not discriminate in the hiring and advancement of employees because of disability.

TMCC is committed to compliance with the Americans With Disabilities Act of 1990 (ADA) and Sections 503/504 of the Rehabilitation Act of 1973.

Section 202 of the Americans With Disabilities Act: "No Qualified individual with a disability shall, by reason of such disability, be excluded from the participation in or be denied the benefits of the services, programs, or activities of any public entity, or be subject to discrimination by any such entity."

Section 504 of the Rehabilitation Act: "No otherwise qualified, handicapped individual in the United States shall solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

TMCC is dedicated to providing reasonable accommodations to ensure equal access to employment and advancement opportunities for individuals with disabilities. In some cases, it may be necessary to request verification of disability from an appropriately credentialed health care professional in order to determine an appropriate accommodation. Some TMCC positions may contain specific requirements that will be reviewed on a case-by-case basis to determine whether an otherwise qualified individual with a disability can perform the essential functions of the position. Employment requirements defined as essential functions of positions by the State, NSHE or TMCC or any related licensing or certification requirements are not discriminatory.

Procedures

The Director of Human Resources (775-674-7502) is responsible for the coordination of requests from individuals with qualifying disabilities as defined by Section 504 of the Rehabilitation Act and Section 202 of the Americans With Disabilities Act.

The Director of Human Resources serves as the Employee ADA Coordinator (hereafter referred to as the ADA Coordinator) and is responsible for overseeing compliance with state and federal regulations. The Assistant Director of Human Resources also provides consultation relative to complaints of disability discrimination or noncompliance.

Definition: Individuals with Disabilities
The ADA broadly defines a covered disability in three different ways in terms almost identical to current federal law under the Rehabilitation Act. Specifically, an individual has a covered disability if the individual:

• "has a physical or mental impairment that substantially limits one or more major life activities of such individual"; or
• "has a record of such an impairment"; or
• "[is] regarded as having such an impairment."

Identification: Individuals with Qualifying Disabilities
TMCC is committed to a reasonable approach in the identification of individuals with qualifying disabilities. Individuals requesting an accommodation may self-identify as having a disability at the time of hire or at any time during their employment. Information provided to TMCC Human Resources on the personal data form is maintained in the Human Resources Management System (HRMS) employee database.

Information provided at any time to the Human Resources Office is maintained in a confidential database. Medical records are always maintained in a file separate from the employee's personnel file.

Applicants for TMCC positions may request accommodation in the testing process (for classified positions) or application and selection process by contacting the Human Resources Office. Supervisors may request information pertaining to the inclusion and eligibility of an individual with a qualifying disability, or appropriate accommodations in the job by contacting the Assistant Director of Human Resources. Information regarding a disability will be released only on a need-to-know basis unless the employee signs a release of information form.

Documentation: Disabilities
A qualified individual with a disability may be requested, on a case-by-case basis, to provide documentation of the disability in order to receive necessary employment modification and/or reasonable accommodation. Documentation must substantiate limitation(s) to major life activity. Documentation of a qualifying disability may include, but not be limited to, a diagnosis by a qualified health care professional, a prognosis of the condition, the functional limitations imposed by a disability and recommendations for accommodations to enable the otherwise qualified employee to perform the essential functions of employment.

Employment Adjustments
TMCC will provide "reasonable accommodations" to applicants or employees with qualifying disabilities unless doing so creates an "undue hardship" for TMCC.

Determination and Provision of Reasonable Accommodations

The process of requesting a reasonable accommodation begins when an individual informs a supervisor, other TMCC official or the ADA Coordinator of the need for an adjustment or change at work for a reason related to a qualified disabling condition. The employer is entitled to know that the employee has a qualifying disability for which a reasonable accommodation is needed. A qualified health care professional may be asked, on a case-by-case basis, to provide documentation with regard to physical or psychiatric disabilities.

When an employee requests an accommodation, the supervisor or TMCC official will contact the ADA Coordinator for consultation. After assessment and consultation with the supervisor, the ADA Coordinator will determine the appropriateness of the recommended accommodation.

The ADA Coordinator will then make a recommendation to the supervisor and other appropriate College officials in the department in which the employee is employed. The department official or other appointing authority will be responsible for implementing the approved accommodation as speedily as possible but in no case longer than 30 days unless extenuating circumstances prevail. Any delay in the provision of a reasonable accommodation will be explained to the Human Resources Office, which retains authority to authorize any extension of time for implementing the accommodation.

The cost of accommodation, if any, shall be borne equally by the dean, Vice President or other appointing authority, and by a fund established for this purpose under the authority of the ADA Coordinator.

The ADA Coordinator will monitor the implementation of the accommodation for the first 30 days of its execution. If additional modifications are not required, the ADA Coordinator will put the file in an inactive status.

Requests for reconsideration of a reasonable accommodation decision can be made directly to the Human Resources Office. TMCC will be responsible for ensuring that the accommodation provided is an effective accommodation.

Complaint Procedures

Appeals of a reasonable accommodation decision made by the ADA Coordinator will be made to the Administrative Officer of the College (VP of Academic Affairs), or to an individual designated by the President.

All allegations of discrimination that have their basis in the decisions of the ADA Coordinator shall be investigated and adjudicated by the Administrative Officer or by the President's designee.

Equal Employment Opportunity/Affirmative Action Statement

See: TMCC EEO/AA Statements

Reasonable Accommodations for the Academic Needs of Students with Disabilities

It is the policy of the Truckee Meadows Community College, in compliance with the provisions of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, to provide reasonable accommodations to meet the academic needs of students with disabilities.

The TMCC Disability Resource Center (DRC) is authorized by the President of TMCC to prescribe such accommodations. Failure to honor an institutional reasonable accommodation authorized by the DRC is a violation of College policy and federal regulation and may result in disciplinary proceedings and sanctions as provided in the NSHE Handbook (Title 2, chapter 6.6.2(m) or Title 4, Chapter 8).