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Appendix 32 - Policy and Procedures on Access and Accommodation for Person with Disabilities Policy

Appendix 31 Reporting and Investigating Allegations of Suspected Improper Activities Policy Appendix 1 Accident Prevention Program Appendix 2 Additional Employee Compensation Appendix 3 AIDS Appendix 4 Certain Relationships by Persons in Authority Appendix 5 Conflict of Interest Appendix 6 Copyright Appendix 7 Performance Notice and Corrective Action Appendix 8 Drug-Free Workplace Appendix 9 Employee Grievance Procedure for Complaints of Workplace Discrimination Appendix 10 Family and Medical Leave Policy Appendix 11 Fund Raising Projects Appendix 12 Grievance Procedure Appendix 13 Events Policy Appendix 14 Harassment Complaint Procedures Appendix 15 Institutional Memberships Appendix 16 Media and Public Relations Appendix 17 Network and Computer Resources Acceptable Use Policy Appendix 18 Patents Appendix 19 Public Expression of Personal Views Appendix 20 Reductions-In-Force for Employees Appendix 21 Retirement Plan Appendix 23 No Longer Applicable Appendix 24 Standards for On-Campus Religious Activities Appendix 25 Travel Guidelines Appendix 26 Tuition Waiver Appendix 27 University Information Protection Policy Appendix 28 Use of University Vehicles Appendix 29 Wellness Appendix 30 Workplace Violence Policy Appendix 22 Shared Vacation Leave Program

Appendix 32 - Policy and Procedures on Access and Accommodation for Person with Disabilities Policy

A. Policy

Gonzaga University seeks to provide equal access for persons with disabilities ~ students, employees (staff and faculty), and the public~ to all educational programs, employment, activities, events, and services which it operates, consistent with applicable Federal and state laws and Gonzaga policies, including Gonzaga's non-discrimination policy.

Reasonable accommodations, academic adjustments, and public access will be provided to persons with disabilities to ensure that they are provided an equal opportunity to participate in or benefit from any Gonzaga program, activity, event, or service.

This policy is based on the Americans with Disabilities Act (Titles I & III), the Rehabilitation Act (Sections 501 and 504), and the Washington State Law Against Discrimination (RCW Ch. 49.60 as Related to Disabilities), and Gonzaga's Mission.

Gonzaga is committed to providing reasonable accommodations for students and Gonzaga personnel at study abroad venues to the extent feasible given other countries' accessibility standards.

Gonzaga provides reasonable accommodations to persons with temporary disabilities.

B. Scope

This policy applies to all students and employees with disabilities, and to public access. Gonzaga's goals are to provide:

Access and accommodations for an equivalent academic and non-academic experiences and learning opportunities for students with disabilities, while maintaining academic integrity and standards

Reasonable accommodations for qualified employees with disabilities that will allow them to perform the essential functions of their positions, unless the accommodation is an undue hardship, or a direct threat to self and/or others is established

A welcoming environment that affords all qualified individuals with disabilities equal opportunity for full public access and participation in campus programs, activities, events, and services

C. Institutional Authority Assigned

The Director of Disability Resources, Education, and Access Management (DREAM) functions as Gonzaga's ADA Coordinator. DREAM is formally designated to:

Evaluate and determine the existence of a disability

Through the interactive process, determine appropriate accommodations, academic adjustments, auxiliary aids, and adaptive/assistive technology for students, work-study students, and employees with disabilities

Work with all parties toward implementing appropriate accommodations, auxiliary aids, physical facility alterations, adaptive/assistive technology

Consult with appropriate entities throughout the institution to develop Gonzaga-wide access and accommodation procedures

Consult with Gonzaga officials during initial development stage for any new or upgraded program, activity, event or service, including technology and facilities so that disability access is integrated proactively

Create educational initiatives about disability access and inclusion for students and employees

Manage initial intervention stage of access and accommodation complaint process

Work with the Equal Opportunity Officer on new or revised policies and procedures, educational efforts, and complaint processes

Work with Plant and Construction Services and sponsors to assist with public access for Gonzaga facilities, programs, activities, events, and services

The Equal Opportunity Office is formally designated to:

Oversee Gonzaga-wide consistency with and adherence to these policies and procedures, participate in revising policies and procedures as needed to remain current with the law

Consult with Corporation Counsel and Gonzaga administration on disability access and accommodation issues

Manage and investigate access and accommodation grievances not resolved at the initial intervention stage

Respond to inquiries from the U.S. Office of Civil Rights, Human Rights Commission, Equal Employment Opportunity Commission, or other external agencies

Assist in educating students and employees about disability access and accommodation

Serve on the Gonzaga Disability Action Council

D. Disability Information

DREAM will maintain a confidential file regarding the disability of each person who provides documentation of disability to Gonzaga. The file contains all pertinent information and medical records related to accommodation, academic adjustment, or other services.

E. Gonzaga Disability Action Council

The Gonzaga Disability Action Council serves in an advisory capacity to the Director of DREAM to:

Propose initiatives that create a welcoming environment for persons with disabilities

Help identify campus disability access and accommodation issues

Assist in community communication and education regarding disability access and accommodation

Steer Gonzaga toward implementing universal design concepts in all facilities, programs, events, activities, or services

Support disability access and accommodation from the broader context of equal opportunity, diversity, and social justice

F. Conflict Resolution and Grievance Procedure



Gonzaga has established processes for addressing conflicts with disability access and accommodation.

1. Step I: Initial Intervention: this step is designed to resolve the situation informally through discussion and agreement. Resolution at STEP I is not intended to determine if any laws or policies were violated.

a.    The complainant should file the grievance by contacting the ADA/504 Coordinator. The complaint does not have to be in writing.

b.    The ADA/504 Coordinator will conduct a preliminary inquiry by gathering information and attempting to resolve the situation by:

Working directly with faculty, chairs, deans, program directors, supervisors and administration to clarify policies and procedures, enhance communication and understanding and agree on a resolution

Assisting the complainant to articulate issues and serving as liaison between the complainant and Gonzaga

c.    Normally, most situations are positively resolved through intervention within a reasonable time frame. If the situation is urgent, the ADA/504 Coordinator will work diligently to expedite resolution. The ADA/504 Coordinator will notify the parties if additional time is needed due to extenuating circumstances, and will communicate progress and/or resolution in writing to all parties.

d.    If the Complainant does not believe the situation has been appropriately resolved at Step I, he/she may file a formal grievance. The ADA/504 Coordinator will inform the complainant of the formal grievance process and refer the individual to the Equal Opportunity Office.

2. Step II: Formal Grievance: the formal grievance is designed to address problems that the complainant believes were not resolved at step I: Initial Intervention. This step is designed to:

Determine whether a violation of law and/or Gonzaga policy occurred

Implement consequences for violation

Correct the access or accommodation situation and restore the complainant's employment or academic environment or public access issue which led to the grievance

Initiate steps to prevent the problem from recurring

a.    Meeting with Gonzaga official: The complainant should make an appointment with the Equal Opportunity Officer.

b.    Submitting the grievance: The complainant will submit the grievance in writing with this information:

The name and address of the person filing the grievance (the complainant)

A statement of the alleged discriminatory actions, including the date(s) the action(s) occurred and the name(s) of the persons involved and the nature of their involvement

c.    Investigation: The Equal Opportunity Officer will interview the complainant, other persons, contact the ADA/504 Coordinator for relevant information, and conduct a formal investigation. The EO Officer will work with the appropriate Vice Presidents to ensure a complete and thorough investigation.

d.    Hearing the Grievance:

Student Grievances regarding academic access and accommodation are heard by the Academic Vice President or designee

Student Grievances regarding non-academic access and accommodation are heard by the Vice President for Student Life of designee

Employee Grievances regarding employment access and accommodation and the Public regarding access to facilities, activities, events and services are heard by the Executive Vice President (EVP) or designee.

The designated Vice President will hear and resolve the grievance. The VP may meet with complainant and other persons as appropriate, or make a determination only on the written investigative record.

e.    Communicating the Resolution: The Vice President will communicate the decision in writing to the complainant and Gonzaga within a reasonable time frame after the complaint is filed.

f.     Grievance Records: The Equal Opportunity Officer will maintain all files and records of the grievance. A copy of the written decision will be sent to the ADA/504 Coordinator for the complainant's official file.

Grievances alleging harassment or discrimination other than access or accommodation are filed under Gonzaga's Harassment and Discrimination Policy and Compliant Procedures. If the grievance involves both access/accommodation and harassment/discrimination, the Equal Opportunity Officer will determine the appropriate grievance procedure(s).

Grievances in which an individual faculty member is accused of harassment or discrimination will be handled according to the Faculty Handbook, Section C300, PROCEDURES FOR RESOLVING COMPLIAINTS WHEN THE ACCUSED IS A FACULTY MEMBER. Any accused faculty member can waive the C300 procedure. If that occurs, the grievance will be handled under this procedure.

      3. Step III: Appeal to the President

a.    Either the complainant or Gonzaga, if dissatisfied with the Vice President's decision at Step II, may appeal in writing with the Equal Opportunity Officer after the parties receive the Vice President's written decision. The document should outline the reason for appeal. The Equal Opportunity Officer will provide a copy of the appeal to the other party or response should be filed with the Equal Opportunity Officer, who will provide a copy of the response to the party filing the original appeal.

b.    The appeal will be resolved by the President of Gonzaga University who will either personally review the matter or designate another person to do so.

c.    The President may request anyone to meet with him to discuss the appeal and/or request anyone to submit written materials. The President may rule only on the written record.

The President, or designee, normally will issue a written decision as to the appeal within a reasonable time after the appeal is received. The decision will determine the validity of the appeal and its resolution, if any. Copies of the appeal decision will be sent to the complainant and Gonzaga.

This appeal is the final recourse within Gonzaga.

d.    The Equal Opportunity Officer will maintain all official documentation of the appeal and resolution.

e.    A copy of the written decision will be sent to the ADA/504 Coordinator for the complainant's file.

      4. Step IV: Outside Remedies

Complainants are not required to use this Grievance Complaint Policy or other internal remedies before pursuing remedies through state and federal agencies.

      These agencies are:

      Washington State Human                                              U.S. Department of Labor

      Rights Commission                                                        Office of Federal act Compliance Programs

      Information and Complaints                                             1111 Third Ave., Suite 745

      1-800-233-3247                                                                Seattle, WA 98101

      1-800-622-2755 (Spanish)                                                (206) 398-8000



      Washington State Human Rights                                 Equal Employment Opportunity

      Commission                                                                    Commission

      Rock Point Plaza III                                                          Federal Office Building

      1330 N. Washington St., Suite 2460                                 909 First Ave., #300

      Spokane, WA 99201                                                         Seattle, WA 98104

      (509) 568-3196                                                                 (206) 669-4000

      U.S. Department of Education                                     U.S. Department of Justice

      Office of Civil Rights                                                        950 Pennsylvania Avenue, NW

      915 Second Avenue, Room 3310                                    Washington, DC 20530-0011

      Seattle, WA 98174                                                            (202) 514-2000

      (206) 607-1600

      TDD (877) 521-2172

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