Jump over the site's section navigation.

Americans with Disabilities Policy

Reference: 1.3 Reasonable Accommodation Procedures

Illinois State University is committed to the full inclusion of individuals with disabilities and to continually improving the accessibility of our campus, programs and activities. All qualified job applicants with disabilities will be provided equal employment opportunities and all qualified students with disabilities will be provided equal opportunities and access to University academic programs, services, and facilities in accordance with the requirements of the Americans with Disabilities Act as amended (ADA), the Rehabilitation Act of 1973, and other applicable federal and state regulations.

To this end, Illinois State University will not tolerate any act of harassment or discrimination on the basis of disability and will provide reasonable accommodations to qualified faculty, staff, students, and guests of the University, unless such accommodation imposes an undue hardship on the University.

ADA Coordinator

The ADA Coordinator is a referral point for disability related information and resources; provides consultation on policy reviews and facilities planning; conducts workshops and training on disability related topics; serves as a clearing house for disability related complaints; and develops disability related initiatives.

The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against disabled persons within the United States. The University is committed to complying with the ADA and other state and federal laws.

Who does the ADA protect?

The ADA applies to qualified individuals who have a physical, mental, or emotional impairment that substantially limits one or more major life activities OR has a record of having an impairment, OR is regarded as having an impairment while being able to perform the essential functions of the job with or without a reasonable accommodation.

What Constitutes a Disability?

Disability determinations are made on a case-by-case basis measuring the impact the impairment limits a major life activity.  A determination of a disability is not based on the name or diagnosis of the impairment.

Conditions that are generally deemed disabilities because they substantially limit a major life activity include:

  • Deafness
  • Blindness
  • Intellectual Disability
  • Mobility Impairments
  • Autism
  • Cancer
  • Diabetes
  • Epilepsy
  • Human Immunodeficiency Virus infection;
  • Multiple Sclerosis
  • Muscular dystrophy
  • Major Depressive Disorder
  • Psychiatric disabilities (including but not limited to Major Depressive Disorder, Bipolar Disorder, Post-Traumatic Stress Disorder, Obsessive Compulsive Disorder, and Schizophrenia)

Conditions that generally are not deemed disabilities are:

  • pregnancy (unless a pregnancy-related impairment substantially limits a major life activity)
  • temporary injuries (broken bones)
  • nicotine addiction
  • Current illegal drug use
  • alcoholism (unless enrolled in a rehabilitative program)
  • disorders like pyromania and pedophilia

If you feel you qualify as an individual with a disability and wish to arrange a reasonable accommodation, please contact the following:

Students:

Office of Disability Concerns
350 Fell Hall
(309) 438-5853
(309) 438-8620 (TTY)

Faculty and Staff:

Human Resources
101 Nelson Smith Building
(309) 438-8311

Back to top

Complaints

Illinois State University has adopted internal grievance procedures to provide prompt and equitable resolution of complaints alleging a violation of the Anti-Harrassment and Non-Discrimination Policy against faculty, staff, students and applicants.

Filing A Charge

Any job applicant, guest, student, faculty member, or university employee who believes s/he has been treated in violation of the University Policy on Harassment and Discrimination based on disability may file a formal complaint with the Office of Equal Opportunity, Ethics, and Access.

DOWNLOAD COMPLAINT FORM - PDF / WORD

Cooperation with an Investigation

It is an expectation that one who files a complaint will actively provide information that will support his or her complaint in the time and manner deemed necessary and appropriate by the University to conduct the investigation. Failure to cooperate with the investigation process in a timely manner will impede the investigation and may, at the discretion of the University, result in the delay or denial of accommodation requests.

Evidentiary Standard

Complaints will be evaluated using a “preponderance of the evidence” standard. In general, the complainant carries the burden of proof to demonstrate that he or she has a disability, provide official documentation regarding that disability, and that a reasonable accommodation is necessary in order for the complainant to complete an essential function of being a student or an essential function of the employment position.  However, if the proposed accommodation is unreasonable or would constitute an undue hardship the University may refuse to provide the accommodation. In addition, the University has the right to select between equally effective methods of accommodating individuals with a disability.

Investigation Time Frame

The Office of Equal Opportunity, Ethics, and Access has 60 working days from the date of the filing of the formal complaint to complete the investigation and issue findings.  The office reserves the right to extend this time by a reasonable period according to the scope of the investigation, the availability of witnesses, and the cooperation of the parties.  The charging party will be notified of such extension in writing.

Statute of Limitations

To be actionable, a disability discrimination complaint must be filed with the Office of Equal Opportunity, Ethics, and Access within 180 days of the most recent alleged incident of disability discrimination.

Whistleblower Protection

Retaliation against one, who in good faith, brings a disability complaint alleging a violation of the University Policy on Harassment and Discrimination, or who in good faith participates in the investigation of a complaint pursuant to this policy, is prohibited. Substantiated retaliation shall constitute a violation of this policy [and the University Policy 1.15 regarding Whistleblowers] and may result in disciplinary action.

Confidentiality

While confidentiality cannot be guaranteed, all persons involved in the investigation of a disability discrimination complaint are expected to treat all information as confidential unless disclosure of the information is compelled by law.

Right to Advisor/Legal Counsel

Any individual involved in a disability discrimination complaint has the right to bring an advisor or legal counsel to meetings or interviews scheduled by the Office of Equal Opportunity, Ethics, and Access.  Please note, however, that any party desiring to exercise this right must notify the Office of Equal Opportunity, Ethics, and Access (OEOEA) at least 72 hours prior to the meeting.  If such notice does not occur, the OEOEA has the right to reschedule the meeting.

Final Appeal

If the Office of Equal Opportunity, Ethics, and Access findings are unacceptable to either the Complainant or the Respondent, either party may file an appeal with the President of Illinois State University.  Appeals must be made in writing and within 10 working days from the receipt of the Office of Equal Opportunity, Ethics, and Access findings letter.

The President shall decide the appeal as soon as possible, but no later than 60 days of the final submission of appeal materials, unless the time needs to be extended for unforeseen reasons. The President’s decision shall be in writing include an explanation, and be submitted to the Complainant, the Respondent, and the Office of Equal Opportunity, Ethics & Access. This written decision on the appeal shall constitute the final administrative action.

Back to top

Quick Link

Complaints

 


2012-12-17T09:07:58.416-06:00 2012
©