Americans with Disabilities Act (ADA)
Date Issued: 08/01/94
Date Revised: 08/01/98
Saint Louis University welcomes persons form all races, ethnic backgrounds, religions and abilities to its campuses as faculty, staff, students and visitors. Saint Louis University prohibits discrimination based on race, color, sex, national origin, religion, age, sexual orientation, disability and veteran status.
The purpose of the Americans with Disabilities Act of 1990, is to prohibit discrimination against and facilitate the inclusion of persons with disabilities in employment, education, public accommodations, transportation and communication systems. The ADA accomplishes this with two basic mandates to employers, public facilities and providers of goods and services. First, individuals with disabilities must be given an equal opportunity to gain access to available employment and public accommodations. Secondly, public accommodations and employers must attempt to make reasonable accommodations to the physical and mental limitations of individuals with disabilities. The University established the following procedures to ensure the compliance of all areas of the University community with the letter of spirit of the Americans with Disabilities Act.
This policy applies to all prospective and current staff, faculty and students of Saint Louis University. This policy also applies to visitors, patients, customers, vendors, contractors, and groups or individuals leasing any facility of the University.
These definitions are from the Americans with Disabilities Act and its regulatory guidelines.
Direct Threat. This refers to a situation where the individual with a disability, with or without a reasonable accommodation, poses a danger to the health or safety of the individual or others. To demonstrate a direct threat there must be (1) significant risk of substantial harm; (2) a specific identified risk; (3) a current risk; (4) an assessment of risk based on objective medical or factual evidence regarding a particular individual; and (5) proof that this significant risk cannot be eliminated or reduced below the level of a "direct threat" be reasonable accommodation.
Essential Functions. The fundamental or "core" job duties of a particular employment position. It excludes the marginal functions of the position.
Individual with a Disability. An individual who: (1) has a physical or mental impairment that substantially limits one or more of his/her major life activities; or (2) has record of such an impairment; or (3) is regarded as having such an impairment.
Public Accommodations. A private entity that runs, leases, leases to, or operates a place of public accommodation. Its operations affect commerce, and fall within at least one of the following 12 categories: places of lodging; establishments serving food or drink; places of exhibition or entertainment; places of public gathering; sales or rental establishments; service establishments; public transportation terminals, depots or stations; places of public display or collection; places of recreations; educational institutions; social service center establishments; exercise or recreation facilities.
Qualified individual with a Disability. For purposes of employment, admissions, and the provision of educational auxiliary services, a person with a disability must also satisfy the requisite skill, experience, education and other job related requirements of the employment position such individual holds or desires, or the educational requirements of the program for which he or she applies or is enrolled, with or without reasonable accommodations.
Readily Accessible to and usable by. The term is intended to enable people with disabilities including mobility, sensory, and cognitive impairments to get to, enter and use a facility.
Readily Achievable. Actions that are easily accomplished and able to be carried out without much difficulty or expense.
Reasonable Accommodation. This term may include but is not limited to: making existing facilities readily accessible and usable be individuals with disabilities, job restructuring, part time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters and similar accommodations for individuals with disabilities.
Undue Burden. An action that requires significant difficulty or expense. Factors considered in the determination of undue burden include: nature and cost, overall financial resources, number of employees, effects on expenses and resources, safety requirements, impact of action on on-site operation, relationship with parent company and its financial resources, size, number of employees.
Undue Hardship. An accommodation that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.
The Affirmative Action Officer is responsible for monitoring Saint Louis University's compliance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 and all legislation that ensure equal access and opportunity for persons with disabilities. The Affirmative Action Officer will review the procedures established at the department or division level to ensure access. The Disabilities Coordinator has been designed as the point of contact for students with disabilities. The Disabilities Coordinator will evaluate and verify a student's need for auxiliary services. The Human Resources Office is the point of contact for employees to request workplace accommodations.
It is the responsibility of each University department and /or division to absorb the cost of reasonable accommodations made for its employees, visitors or students with disabilities. Exceptions to this will be academic auxiliary services which are provided through the Disabilities Coordinator's office; and physical renovations and new construction which is the responsibility of Facilities Services. Wherever possible, accommodations and physical improvements will be built into the budget process.
Qualified disabled individuals will be treated without discrimination in all employment practices including but not limited to employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, job classification, benefits, tenure, eligibility for leave, compensation and selection for training.
Disabled individuals may request a reasonable accommodation to 1) enable them to complete an application and be considered for a position at Saint Louis University, 2) perform the essential functions of a position, or 3) enable the disabled employee to enjoy the same benefits and privileges of employment as are enjoyed be other similarly situated non-disabled employees.
In general, it is the disabled individual's responsibility to inform the respective Human Resources Office that an accommodation is needed. When accommodation is requested, Saint Louis University will make every reasonable attempt to meet the request for accommodation or provide a reasonable alternative when to do so will impose an undue hardship on the organization or present a direct threat to the individual or others.
Identification of a disability is voluntary, and refusal to provide it will not subject a person to discharge or disciplinary action. Medical information obtained is to be kept confidential. Disclosure of medical information must be consistent with the following guidelines: (1) supervisors and managers may be informed regarding restrictions on work or duties and regarding necessary accommodations; (2) first aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment; and (3) government officials investigation compliance may be informed. All medical records will be kept separate from personnel records.
To ensure equal consideration for all disabled individuals, each Human Resources Office will coordinate all requests for reasonable accommodations by disabled staff, faculty, and applicants. In addition, when an accommodation is requested, a representative from the respective Human Resources Office will meet with the disabled individual and the individual's supervisor (or prospective supervisor) to determine an appropriate accommodation. The Human Resources Office will fulfill the obligation to bargain in good faith when an accommodation is requested for a bargaining unit position.
Human Resources will provide training to employees, administrators and supervisors with regard to their responsibilities under the ADA.
2.0 Services to Students
Saint Louis University opens its programs and educational services to all qualified candidates without regard to their disability. All programs and services provided for students are done in a manner that does not discriminate based on disability. Inaccessible programs will be made accessible either directly or through relocation. Individuals requiring accommodations for student programs should contact the Director of Student Life.
2.1 Saint Louis University does not discriminate in the recruitment or admissions of persons based on disability. Individuals requiring accommodations should contact the Director of Undergraduate Admissions or the dean of the respective graduate or professional school for services.
2.2 With respect to individual services, it is the student's responsibility to notify the University of any needs that require accommodations. The student should provide documentation of the disability to the Disabilities Coordinator and meet with the Disabilities Coordinator to begin the process of arranging appropriate accommodations. The Disabilities Coordinator is responsible for reviewing and evaluating the documentation of students with disabilities and assisting departments in accommodating those documented disabilities. Information about services available on campus and points of contact to begin services will be made available in registration packets, University newspapers, student handbooks, and student and University faculty/staff phone books, and informational seminars.
Each University department which provides services to students will review its operations and procedures and if necessary modify its forms and /or procedures to meet the needs of students with disabilities. These departments include but are not limited to: Admissions, Academic Advising, Athletics, Bursar's Office, Campus Ministry, Information Technology Services, Office of Scholarship and Financial Aid, Disabilities Coordinator for Auxiliary Academic Services, Housing, International Programs, the University libraries, Registrar's Office, Student Health Center and Student Life. The point of contact in each department will be the Director, Dean, Coordinator, or Manager of the respective departments, or his or her designee. Each of these departments will be given information regarding specific points of contacts to expedite services to students. The Affirmative Action Officer will periodically review departmental procedures.
3.0 Public Accommodations and Services
3.1 No individual will be discriminated against in the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodations that Saint Louis University owns, leases, operates or leases to another entity. It is the responsibility of the respective University facility or department to provide procedures that allow the full participation of persons with disabilities in activities conducted in these settings. Each University facility or department will review its operations and procedures and if necessary, modify its forms and/or procedures to meet the needs of clients and visitors with disabilities. The Affirmative Action Officer will periodically review departmental procedures.
Persons or groups requesting the use of University facilities must comply with this non-discrimination policy (see section 4.0 Vendors and Contractors). Persons or groups utilizing University facilities must state in all event or activity mailers and promotional materials that visitors requiring accommodations should contact the University facility's director or event sponsor, prior to the event, for services. Saint Louis University is responsible for making reasonable accommodations to, and removing architectural barriers in, its facilities. The group or individual leasing or renting a University facility shall be responsible for providing any auxiliary services and aids to persons with disabilities seeking to participate in their program. The delineation of the University's and the lessee's responsibility for accommodations will be in the written rental arrangement. Rental contracts should be sent to the General Counsel's office for review.
3.2 Any examinations or courses related to licensing, applications credentials or certification for secondary or post secondary education, trade or professional purposes will be provided in a manner accessible to persons with disabilities or in an alternate accessible arrangement for such individuals. If the examination is scheduled in a room that is not accessible it will be made accessible either directly or through relocation upon request. Individuals with disabilities should contact the University office scheduling that examination to request accommodations for access to a University facility. Requests for auxiliary aids and services necessary to participate in the examination or course should be made directly to the event sponsor.
3.3 All commercial facilities and public accommodations owned, leased, or operated by Saint Louis University will comply with the requirements of Title III of the ADA for new construction and alterations.
4.0 Vendors and Contractors
Saint Louis University will not discriminate against an individual or class of individuals on the basis of disability directly or through contractual, licensing or other arrangements. Where appropriate, vendor contracts and purchase orders will include the University's non-discrimination policy statement and a notice for compliance. Consult the General Counsel's office or the Office of Diversity and Affirmative Action for appropriate wording.
Saint Louis University will make every attempt to remove architectural barriers that are structural in nature from existing facilities, where such removal is readily achievable. Where architectural barriers' removal is not readily achievable, goods, services, facilities, privileges, advantages, or accommodations will be made available through alternate methods. Alterations of existing facilities and new construction will be accomplished so that those areas affected will be readily accessible to and usable by individuals with disabilities unless it is structurally impractical to meet the requirements.
The Facilities Services Department or the Building Services Department on each respective campus will develop procedures to remove architectural barriers and comply with requirements of the ADA.
Each University campus will be responsible for implementing procedures that will facilitate communication between those individuals with communicative impairments and the specific University departments or divisions. Telecommunications devices for the deaf will be installed in each University campus' central communication facility, as well as the individual campus Human Resources Offices.
Persons with disabilities wishing to utilize the various offices and departments of Saint Louis University can contact the Office of Diversity and Affirmative Action or the Disabilities Coordinator for information on all services available to the disabled, such as interpreter services for the deaf; Braille or taped materials, readers or writers, etc. Any office or department of the University can also contact the Office of Diversity and Affirmative Action for specific information on services available to the disabled.
Saint Louis University will not discriminate in its operation of any demand responsive or fixed route transportation systems, including the parking lot shuttles. The University shall remove transportation barriers in existing vehicles where such removal is readily achievable. The departments providing transportation services are responsible for establishing procedures that allow full use of the service by individuals with disabilities. New buses or vehicles with a capacity of more than 16 persons purchased for fixed route lines must be accessible.
8.0 Grievance Procedure
Any employee, student or visitor to Saint Louis University may request a reasonable accommodation for a disability from the University office or department responsible for providing that service. In the event that the individual is refused accommodations, is dissatisfied with the alternatives offered, or believes he or she is discriminated against because of a disability, a formal or informal complaint may be filed with the Office of Diversity and Affirmative Action.
Formal complaints must be a written statement describing the incident, the person(s) and/or office perpetrating the discriminatory action and the person's desired resolution of the complaint. The Office of Diversity and Affirmative Action will notify the supervisor and next level of management that a complaint was filed. The Affirmative Action Officer will investigate the complaint and inform all parties of a formal decision.
1.0 The term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs and does not prevent the University from acting on the basis of that use. It is the University's policy to maintain an environment which is free of impairment from substance abuse. Refer to policy 3.6.1 Drug and Alcohol Abuse Prevention and the Drug and Alcohol Abuse Prevention policy distributed by the Division of Student Development for details for maintaining a drug-free work and educational environment.
2.0 The University will attempt to make a reasonable accommodation to the known disabilities of an individual unless, with respect to employment, the proposed accommodation constitutes an undue hardship or fails to eliminate a direct threat to health or safety and no other reasonable accommodations are available.
2.1 A reasonable accommodation to the known disabilities of an individual seeking access to the University's programs and activities shall be made unless the proposed accommodation fundamentally alters the particular program or activity or results in an undue burden and no other reasonable accommodations are available.