Western Nebraska Community College has an institutional commitment to provide equal educational opportunities for qualified students with disabilities in accordance with state and federal laws and regulations, including the Americans with disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. To provide equality of access for students with disabilities, accommodations and auxiliary aids and services will be provided to the extent necessary to comply with state and federal laws. For each student, these accommodations and auxiliary aids and services will specifically address those functional limitations of the disability, which adversely affect equal educational opportunity. Western Nebraska Community College has designated the Dean of Student Services or his designee to assist qualified students with disabilities in securing such reasonable accommodations, auxiliary aids and services.
Western Nebraska Community College will maintain specific criteria and procedures to implement this policy.
II. GLOSSARY
A. 'Disabled' means having a physical or mental impairment, which substantially limits one or more of a person's major life activities.
B. 'Qualified Disabled Student' means a disabled person who meets the academic and technical standards requisite to admission and participation in the educational program or activity.
C. 'Accommodations' - Such modifications to the course, program or educational requirements as are necessary and appropriate so that such requirements do not discriminate or have the effect of discriminating on the basis of disability. Academic requirements that are essential to the course or to the program of instruction being pursued by the student or which relate directly to licensing requirements will not be regarded as discriminatory within the meaning of this section. Potential modifications that may be considered include (but are not limited to) changes in the length of time permitted for completion of a degree, substitutions of specific courses required for the completion of degree requirements, extended time on an examination or paper, and other reasonable accommodations which do not fundamentally alter the essential nature of a course or academic program.
D. 'Auxiliary Aids and Services' may include but are not limited to note-takers, readers, brailled or large print materials, and mobility training for students with visual impairments; sign language interpreters, real time captioning, and note-takers for students who are deaf or hearing impaired; and typists and scribes for students with manual impairments. (This is not an exhaustive list.) Devices or services of a personal nature such as personal attendants, individually prescribed devices, or readers for personal use or study are not provided.
III. STUDENT RESOURCES
A. ADA / Section 504 Compliance Officer: The designated ADA / Section 504 Compliance Officer for Western Nebraska Community College is David Groshans. He may be reached at the Office of Human Resources located at Western Nebraska Community College 1601 East 27th Street, Scottsbluff, Nebraska, or by calling (308) 635-6105. His responsibilities include ensuring compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. In addition, Mr. Groshans may be contacted directly for non-student issues including access to buildings, non-academic events, and paths of travel as well as issues relating to the employment provisions of the ADA as they relate to Western Nebraska Community College staff and members of the faculty.
IV. STUDENT ELIGIBILITY
Undergraduate students are eligible for consideration for accommodations and/or auxiliary aids and services if you have a documented disability and the Dean of Student Services or his designee has met with the student and determined that functional limitations of the disability require such accommodation, auxiliary aids and/or services.
A. Student Responsibility ' Each student bears the responsibility of initiating a disability-related request for accommodations, auxiliary aids and/or services with the Dean of Student Services or his designee prior to the time such an accommodation, auxiliary aid and/or service is needed. See below for suggested timeframes.
B. Documentation ' Once specific academic accommodations, auxiliary aids and/or services are identified and discussed with the Dean of Student Services or his designee, the student will be asked to provide the Dean of Student Services or his designee appropriate documentation to support the request. This documentation from an appropriate professional should be in the form of a diagnostic report. The Dean of Student Services or his designee has discretion to determine what type of professional documentation is necessary and may require the student to execute and deliver to the Dean of Student Services or his designee appropriate releases for medical records and/or academic records. Appropriate documentation may vary depending on the nature and extent of the disability and the accommodation, auxiliary aid and/or services requested.
C. Diagnostic Report. The diagnostic report is the preferred documentation since it provides information about the student's strengths and weaknesses and allows for more effective decisions regarding reasonable accommodations. Such diagnostic reports should include these minimal requirements:
1. A clear statement of the diagnosis. If the report does not contain a line stating that the individual has a learning disability, then, without further clarification, there is not valid documentation to support the presence of a learning disability or the need for academic accommodation. (Statements that the student has a 'learning difficulty' or 'learns differently' are not sufficient.)
2. Scores from the tests administered. The battery of tests used should contain widely accepted instruments such as the Weshsler Adult Intelligence Scale, the Woodcock-Johnson Tests of Cognitive Ability, etc.
3. Explanations of the appropriate academic accommodations. The explanation of the appropriate accommodation must show a clear relationship with the student's particular type of disability. This is especially critical if the accommodations being requested include course requirement substitutions.
Letters stating only that the student has a learning disability but which do not provide any diagnostic information or evidence of a history of accommodation are not acceptable.
In the event the Dean of Student Services or his designee feels it is appropriate to obtain a second professional opinion concerning the nature or severity of the disability, Western Nebraska Community College will bear the cost of obtaining that second opinion not covered by a third party payer.
The request for an accommodation will be evaluated promptly once the documentation has been received.
V. REQUESTS FOR ACCOMMODATIONS, AUXILIARY AIDS, AND/OR SERVICES
In order to facilitate requests for accommodations, auxiliary aids and/or services (including hiring qualified service providers), it is necessary for students to submit requests in writing to the Dean of Student Services or his designee. Request forms are available in the Office of the Dean of Student Services.
The following are examples of accommodations, auxiliary aids and/or services and the suggested period of time for requesting them. The list is not exhaustive and the time frames are recommended ones. Students may request accommodations, auxiliary aids and/or services at any time prior to the time that such accommodation, auxiliary aid and/or service is needed; the availability of these may be affected, however, by a request made later than the suggested time frames.
A. Auxiliary Aids and Services 1. Note-takers ' The request should be made within the first ten (10) business days of each term, or as soon as the student recognizes the need for notes;
2. Typists/Scribes ' The request should be made at least seven (7) business days in advance of the date the service is needed.
3. Reader Services/Books on Tape ' should be requested as early as possible. Students requesting reader services and books on tape must be members of Recording for the Blind and Dyslexic (RFBD) in order to be eligible for Reader Services. Recorded texts will be provided by RFBD free of charge. If particular texts are not available through RFBD, the Dean of Student Services or his designee will record texts. Live readers will be provided on the student's specific request when material cannot be recorded by the student's due date. Note: RFBD and the Dean of Student Services need approximately three (3) weeks to record texts not available on tape, so it is important for the student to identify the texts well in advance of the first day of instruction.
It is the student's responsibility to obtain the syllabus from the professor in order to identify the required textbooks and reading assignments for the course. If the syllabus is not available three weeks prior to the first day of instruction, the student is encouraged to ask the professor at that time that is, three weeks prior to the first day of instruction, to identify textbooks and reading assignments for the first three weeks of the term. Should the student encounter difficulty contacting the professor or obtaining syllabus or reading information at that time, the student should immediately contact the Dean of Student Services or his designee for assistance.
4. Interpreters and Real-Time Captioners ' The request should be made at least seven (7) business days in advance of the date the service is needed.
5. Alternate Media ' The request should be made at least seven (7) business days in advance of the date service is needed
B. Examination and Paper Accommodations
1. Students with a documented disability may request an accommodation in regard to an examination or paper. The request shall be in writing and made through the Dean of Student Services or his designee. After reviewing the requested examination or paper accommodation and determining the appropriate accommodation, the Dean or Student Affairs or his designee will write a letter addressed to the professor of the course in which the accommodation is needed. This letter is provided to the student making the request who bears the responsibility of providing the letter to the professor. It is best for students to contact the Dean of Student Services or his designee before the beginning of the semester to request that such letters be written to professors. At a minimum, students should request letters at least seven (7) business days prior to the date of the examination or due date of the paper.
2. When the professor wishes for a student to take an exam in the provided room, the student should make a written request to the Dean of Student Services or his designee for an exam room at least seven (7) business days prior to the date of the exam.
3. If the student requires the use of a computer, scribe, reader, or transcriptionist with which to take an exam, he/she should request such services in writing at least seven (7) business days prior to the date the service is needed.
C. Determination, Notification, and Appeal Rights 1. Determination: Reasonable accommodations, auxiliary aids and/or services are determined following an individualized assessment of each request and discussion with the Dean of Student Services or his designee. Among the factors considered in determining reasonable accommodations, auxiliary aids and/or services for students are:
a) The nature of the student's disability.
b) Accommodations, auxiliary aids and/or services that have worked for that student in the past;
c) Whether the requested accommodations, auxiliary aids and/or services will allow the student effectively to access and participate in the course or program'
d) Whether the requested accommodation, auxiliary aids and/or services will alter the essential requirements of the course or program'
Western Nebraska Community College is not required to alter or modify a course or program to the extent that it changes the fundamental nature of that course or program. Although most auxiliary aids and services are decided upon and provided by the Dean of Student Services or his designee, accommodation decisions are often made in collaboration with program/school administrators and relevant faculty. Recommendations made by the Dean of Student Services or his designee are not implemented until this collaboration has occurred.
2. Notification: The Dean of Student Services or his designee receiving the request for an accommodation, auxiliary aid and/or service shall provide the student who made the request with written notification of the determination of the request (along with the effective date of any accommodation, auxiliary aid and/or service) within seven (7) business days of receiving the request. If a situation should arise whereby the Dean of Student Services or his designee needs additional time to assess a request or in providing an accommodation, auxiliary aid and/or service, he or she shall provide the student with written notification of the status of the request and the proposed date of determination.
3. Request for Reconsideration. If the student requesting an accommodation, auxiliary aid, and/or services disagrees with the determination communicated by the Dean of Student Services, the student may within three (3) weeks after receipt of said determination file a written request for reconsideration with the Compliance Officer who shall conduct an informal, but thorough investigation, offering all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the reconsideration. The Compliance Officer shall determine within fourteen (14) days of receipt of said Request for Reconsideration the approval of accommodations, auxiliary aids, and/or services necessary to provide equality of access for students with disabilities in compliance with applicable state and federal laws. The decision of the Compliance Officer shall be final.
4. Applicability - This Section is applicable to requests for accommodations, auxiliary aids and/or services other than those that are the subjection of Section VI.
VI. REQUEST FOR MODIFICATION OF ACADEMIC REQUIREMENTS
NOTE: THE FOLLOWING SEPARATE PROCEDURE APPLIES TO STUDENT REQUESTS FOR MODIFICATIONS OF ACADEMIC REQUIREMENTS:
A. Eligibility: A student with a documented disability may request a modification of certain generally applicable academic requirements (for example, the number of units to be taken in an academic semester, substitution for otherwise required courses, course retakes or completion of courses, certain aspects of academic standing, etc.)
B. Procedure. The request shall be made to the Dean of Student Services or his designee in writing as early as possible (that is, at least ten (10) business days before the beginning of the academic semester or as soon as the need arises) and should be accompanied by documentation of the disability which supports the request. The request shall also include the requesting student's name, address, e-mail address and phone number.
C. Determination. The Dean of Student Services or his designee will verify that the documentation is current, from an appropriate professional, and that it supports the request. The Dean of Student Services will then forward the student's request and the Dean of Student Services decision to the Dean of Instruction or to the appropriate departmental, division, or other administrator (hereafter collectively referred to as the 'academic decision-maker') within seven (7) business days of having received the completed request (including the requested documentation) from the student. This time period may be extended by the Dean of Student Services or his designee if he finds good cause to do so. Depending on the nature of the request, the academic decision-maker will either issue a decision or convene an appropriate panel or body to review the mater and decide on it.
Appropriate modifications of academic regulations are determined following an individualized assessment of each request. Among the factors relevant in determining appropriate modifications of academic requirements for students are:
1. the qualifications of the individual(s) making the assessment(s) regarding the student's disability, including whether the individual(s) has knowledge or expertise in the disability in question;
2. whether the appropriate criteria for determining the existence of a disabling condition were used;
3. the extent to which the individual(s) making the assessment(s) is familiar with the student's condition;
4. whether a course substitution or waiver is generally provided by institutions to accommodate the student's particular disability;
5. whether experts in the field recommend a course substitution or waiver as an academic adjustment for the particular disability;
6. whether the student's expert, and if applicable the College's expert, recommend a course substitution or waiver as an academic waiver for the student; and
7. whether the course for which a substitution or waiver is sought is an essential requirement of the program of instruction the student is pursuing.
D. Notification. The academic decision-maker will notify the student in writing of the decision within ten (10) business days of having received the request and the Dean of Student Services or his designee's recommendation. The academic decision-maker may extend the deadline if it finds good cause to do so. If the request is denied, the denial will state the reasons for the decision.
E. Appeal. A student who disagrees with the decision on his or her request for modification of an academic requirement may appeal in writing to the Vice President of Educational and Student Services within ten (10) business days of the decision.
The written appeal should be filed with the Compliance Officer at the Office of Human Resources for Western Nebraska Community College. The appeal should include copies of both the original request and the decision made by the academic decision-maker, and should state the student's reasons for disagreeing with the decision, the substantive and/or procedural basis for the appeal, (as more fully described below), and must be made on grounds other than general dissatisfaction with the decision.
The Compliance Officer will review the appeal for timeliness and compliance with the procedure including the requirement that the request for modification was submitted initially to the Dean of Student Services or his designee and received a recommendation by the Dean of Student Services or his designee, or by the academic decision-maker, and forward it to the Vice President of Educational and Student Services. The Vice President of Educational and Student Services (or her designee) will review the decision and inform the student of his or her determination within ten (10) business days of receiving the request. The deadline may be extended by the Vice President of Educational and Student Services if he or she finds good cause to do so. The decision of the Vice President of Educational and Student Services is final.
The review by the Vice President of Educational and Student Services (or his or her designee) normally shall be limited to the following considerations: 1. Were the proper facts and criteria brought to bear on the decision' Were improper or extraneous facts or criteria brought to bear that substantially affected the decision to the detriment of the student'
2. Were there any procedural irregularities that substantially affected the outcome of the matter to the detriment of the student'
3. Given proper facts, criteria, and procedure, was the decision one which a person in the position of the decision-maker might reasonably have made'
F. Applicability. This determination and appeal procedures set forth in this Section V will supplant both the Student ADA / Section 504 Grievance Procedure and the Student Rights Appeal Procedure for requests for modification of academic requirements due to disability. Questions concerning the applicability of this procedure should be directed to the Dean of Student Services. VII. CONFIDENTIALITY AND RECORDS
A. Confidentiality ' Western Nebraska Community College employees have an obligation to maintain confidentiality regarding a student's disability. To that end, the Dean of Student Services or his designee will provide information to Western Nebraska Community College staff and faculty only when necessary in evaluating and/or facilitating accommodations, auxiliary aids and/or services. Except where permitted by applicable law, disability information will not be shared with non-Western Nebraska Community College employees without the student's express written permission.
B. Records ' Students' files, containing disability documentation and a record of accommodations requested will be kept at the Office of the Dean of Student Services or his designee.
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