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College and University Rights and Responsibilities
Colleges and universities have the right to:
- Maintain academic, admissions and graduation standards.
- Request that a student with a disability provide current documentation
completed by a qualified professional source to verify the need for
reasonable accommodations, academic adjustments, and/or auxiliary aids.
- Discuss a student's need for reasonable accommodations, academic
adjustments, and/or auxiliary aids with the professional source of
his/her documentation with the student's signed consent authorizing
discussion.
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- Select among equally effective and appropriate accommodations, adjustments,
and/or auxiliary aids for each student on a case by case/course by
course basis.
- Deny a request for accommodations, adjustments, and/or auxiliary
aids if: a) the documentation does not identify a specific disability,
b) the documentation falls to verify the need for the requested services,
and/or the documentation is not provided in a timely manner.
- Refuse to provide an accommodation, adjustment, and/or auxiliary
aid that is inappropriate or unreasonable, including any that:
• pose a direct threat to the health and safety of others;
• constitute a substantial change or alteration to an essential
element of a course or program
• fundamentally alters the nature of the service provided;
and/or pose an undue financial hardship or
administrative burden on the institution.
Colleges and Universities have the responsibility to:
- Review and revise institutional, programmatic, employment and other
policies and procedures to assure that they do not discriminate against
qualified individuals with disabilities.
- Ensure that the institution's courses, programs, services, jobs,
activities, and facilities, when viewed in their entirety, are offered
in the most integrated and appropriate settings based on a review of
what the law requires.
- Provide information regarding policies and procedures to students
with disabilities in a timely manner and assure its availability in
accessible formats upon request.
- Evaluate students on their abilities, not their disabilities.
- Provide reasonable and appropriate accommodations, academic adjustments,
and/or auxiliary aids for students with disabilities upon a timely
request by a student.
- Maintain appropriate confidentiality of records and communication
concerning students with disabilities
except where disclosure is required by law or' authorized by the student.
More specifically institutions have the responsibility to:
- Assist students with disabilities who self identify and meet the
college or University's criteria for eligibility in receiving reasonable
and appropriate accommodations, academic adjustments, and/or auxiliary
aids determined on a case by case/course by course basis.
- Assure confidentiality of all information pertaining to a student's
disability.
- Inform students with disabilities of college, or university policies
and procedures for filling a formal grievance both internally and/or
through external agencies (e.g., US Department of Education Office
of Civil
Rights).
Colleges and universities are NOT required to:
- Reduce or waive any of the essential requirements of the course or
a program.
- Conduct testing and assessment of learning, psychological or medical
disabilities.
- Provide personal attendees.
- Provide personal or private tutors.
- Prepare Individual Education Plans (IEP).
*Adopted by the North Dakota Colleges & Universities Disability
Services Council – April 2001.
Adapted from: Effective College Planning - Student Rights and Responsibilities
and College or University Rights and Responsibilities. The WNY Collegiate
Consortium of Disability Advocates. available:http://www.ccdanet.org/studentrightresp.html [2003,
September 12].
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