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Q: What is the legal basis for the right of nondiscrimination against people with disabilities in higher education?
A: In 1978, the U.S. Department of Education (DOE) issued regulations to implement Section 504 of the Rehabilitation Act of 1973. These regulations applied to institutions receiving federal funds. Section 504, as revised states in part:
No otherwise qualified individuals with disabilities in the United States ... shall, solely by reason of the disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
The Americans with Disabilities Act of 1990 (ADA) is a broad affirmation of Section 504 administrative regulations. Its application is not limited to federal recipients, however, and it is expressly actionable in federal court. As a result of the ADA, people with disabilities now have the civil right of equality of opportunity in these major workings of American society: employment, services of state and local governments, public accommodations, transportation, and telecommunication. Though ADA has garnered more public attention and consumer sentiment that has the Rehabilitation Act, the latter is still in force.
Q: How does the ADA apply to IPFW?
A: Stated simply, several titles of the ADA apply to IPFW:Title I requires nondiscrimination in employment. Title II requires nondiscrimination in all programs, services, and activities of state and local governments, which includes publicly supported colleges and universities. The ADA Access Guidelines, an appendix to U.S. Department of Justice (DOJ), & Title III regulations, govern physical access features of new building construction and remodeling.
Q: Who are the ADA/Section 504 coordinators at IPFW, and how can the coordinators be contacted?
A: The ADA Coordinator, Eric Wagenfeld, is located in the Walter W. Walb Memorial Union. Room 113. The telephone number is 260-481-6657 voice/TTY; fax: 260-481-6018.
Q: What are IPFW's complaint procedures for students?
A: Students having complaints concerning actions of decisions which are claimed to violate rights under the ADA must first seek to resolve their complaints at the lowest unit level. Good-faith efforts will ensure the timely handling of such complaints. Students should address complaints to the Dean of Students office, Walb Union Room 111. The ADA coordinators may be designated to investigate, mediate, and suggest a resolution. Other administrators or faculty may also assist in resolving the complaint. Only after all such remedies have been exhausted, may a hearing be requested before the Campus Appeals Board. The Campus Appeals Board shall have the authority and duty to reach findings and to convey recommendations to the chief administrative officer of IPFW.
Q: What is a disability?
A: Both the ADA and the Rehabilitation Act define disability as:
A) A physical or mental impairment that substantially limits one or more of the major activities of life.
B) A record of such an impairment.
C) Being regarded as having such an impairment.
A physical or mental impairment is defined as "any physiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more .. body systems." An impairment constitutes a disability ONLY if it is severe enough to result in a "substantial limitation in one or more major life activities" for the individual in question. Such activities are defined to include the ability to perform functions such as walking, seeing, hearing, speaking, breathing, learning, working, running, performing manual tasks, and taking care of oneself.
Q: How is disability documented at IPFW?
A: IPFW requires recent documentation, generally documentation more than 3 years old is not acceptable. Documentation of a disability depends on what the disability is and the extent of the request. The student MUST provide appropriate documentation as an eligibility requirement. Requests for services and accommodations intended to effect special access to academic programs always require formal documentation. Formal documentation must include records or written statements from a professional who is licensed to practice in the field appropriate for diagnosing and/or treating the disability in question - a physician, optometrist, audiologist, physical or occupational therapist, psychologist, etc. All persons seeking services through SSD must provide appropriate documentation to determine program eligibility. Formal documentation should state the name of the diagnosed impairment. It may need to give information on how the disability limits one or more of the major activities of life for the person making the service or accommodation request. Written instructions with regard to what services and accommodations might be provided may also be valuable or even necessary again, depending on the nature of the request. For example, a student requesting accommodations on the basis of a learning disability must provide a current written statement from a licensed psychologist or psychiatrist which specifically states :
- the specific nature of the learning disability
- a description of the way(s) in which the disability substantially limits the student's academic activities
- any suggestions for remediation in a post secondary environment.
For answers to specific questions about disability documentation, please contact the director of Services for Students with Disabilities (SSD).
Q: Does the ADA require affirmative action or grant special advantages to students with disabilities?
A: No. The law does not require "special treatment" for people with disabilities, only equal opportunity. There is no obligation to change academic requirements and/or standards that the university "can demonstrate are essential to a program of instruction or to any directly related licensing requirement." The law is very clear that an individual with a disability must be qualified for a program in order to participate in it.
Q: Do the employment provisions of the ADA cover student workers?
A: Yes. The employment provisions of the ADA apply to all employees at IPFW full-time, part-time, and student workers. For information about disability and employment, please consult with the personnel office in Kettler G56.
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