Rights and Responsibilities |
Student |
- Equal access to all courses, programs, services, jobs, activities, and facilities offered by PVCC
- Appropriate disability accommodations without cost to the student
- Due process to appeal accommodation denials
- Confidentiality of disability-related information
- Information in accessible formats
- Guide their own process Student Responsibilities
- Meet the minimum standards and expectations of a qualified student
- Self-disclose their disability to the appropriate department/person at the institution to request accommodations
- Provide appropriate documentation, in accordance with institutional policy, to verify the presence of a disability
- Provide ample time to process the disability-related information
- Follow published procedures and college regulations
- Notify faculty/ DRC immediately when an accommodation is not being provided completely or correctly
- Follow specified procedures in order to get the appropriate accommodations
- Act as their own advocate
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Institutional
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- Set policies governing the procedures for complying with 504 and ADA
- Establish essential functions, technical standards for courses, programs, services, jobs, activities, and facilities, and evaluate performance according to these
- Request and receive appropriate documentation supporting requested accommodations
- Deny an accommodation if documentation is inadequate or demonstrates the accommodation is not warranted
- Establish Disability Resource Center as the point of contact for disability-related accommodations and expect reasonable notice of requests for accommodation
- Expect appropriate performance standards and behavior of its students
- Deny accommodations that pose an undue hardship, fundamental alteration, or direct threat to others
- Prohibit discrimination against persons with disabilities and post notice of nondiscrimination and have an appeal procedure
- Ensure that courses, programs, services, jobs, activities, and facilities are provided in the most integrated and appropriate setting
- Foster a hospitable learning and working environment and provide information to the campus community in an accessible format
- Accommodate all reasonable and appropriate accommodation requests and demand responsive services
- Maintain appropriate confidentiality
- Provide accommodations only to students who are registered with DRC . It is NOT the institutions responsibility to provide accommodations to students who are not registered with DRC
- Provide leadership on access and opportunity for everyone
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The Law |
With regard to students with disabilities, Paradise Valley Community College is governed by one State and two Federal laws: Title II of the 1990 Americans with Disabilities Act, Title II of the 1993 Arizonan's with Disabilities Act, and Section 504 of the 1973 Rehabilitation Act.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA),
was enacted on July 26, 1990, "to provide a clear and comprehensive
mandate for the elimination of discrimination against individuals
with disabilities." This federal legislation expanded equal treatment
of people with disabilities in employment, public services and transportation,
public accommodations and telecommunications services. PVCC
adheres to all employment, programmatic and architectural requirements
in accordance with the ADA.
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Rehabilitation Act of 1973
- The rehabilitation act is generally regarded as the first "civil rights" legislation for persons with disabilities on the national level.
- Section 504 of the Rehabilitation Act bears directly upon college programs.
- Section 504 is a program access stature that prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal financial assistance.
- Section 504 does not require special educational programming to be developed for students with disabilities, but does require that an institution (public or private) be prepared to make appropriate academic adjustments and reasonable modifications to policies and practices in order to allow the full participation of students with disabilities in the same programs and activities available to non-disabled students.
Section 504 states:
"No otherwise qualified person with a disability in the United States...shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance."
Subsection E of Section 504 specifically denotes the coverage of post secondary institutions. Having been governed by this regulation for quite some time, Paradise Valley Community College has practiced a strong commitment of nondiscriminatory practices.
Legal Implications
Section 504 defines a "person with a disability" as someone with a physical or mental impairment that substantially limits one or more life activities. A person is considered to be a person with a disability if he/she has the disability, has a record of the disability or is regarded as having the disability.
Physical impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organ, respiratory, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine.
Mental Impairmentmeans any psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Substantially limitsmeans unable to perform a major life activity, or significantly restricted as to the condition, manner, or duration under which a major life activity can be performed, in comparison to the average person or to most people: the availability of some mitigating measure (such as a hearing aid for someone with a hearing loss that brings hearing acuity within normal limits) is not to be considered when determining of the disability substantially limits the individual.
Major life activity means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
In regards to academic requirements and adjustmentsIt is agreed that college curricula should in no case be watered down and Section 504 does not obligate an institution to waive specific courses or academic requirement.
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Section 504 and the ADA require that a grievance procedure be available to the student who wishes to appeal an administrative decision regarding disability-related accommodations and/or issues. A detailed procedure is outlined in the Student Handbook under Discrimination Complaint Procedures for Students.
Any questions regarding this procedure can be forwarded to the Disability Resource Center Coordinator. |
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