Disability-Related Discrimination Policy

TITLE OF POLICY: Disability-Related Discrimination Policy
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Category: Equity and Campus Diversity Date Established: 1973
Responsible Office: Chief Diversity Officer Date Last Revised 2012
Date Posted to Library: 8/25/2015
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POLICY SUMMARY:

It is the policy of Buffalo State no otherwise qualified person with a disability shall, solely by reason of that disability, be excluded from participation in employment or access to programs of the college. In carrying out this policy, the college will make a good faith effort to reasonably accommodate the physical or mental limitations of an employee, applicant for employment or student unless such accommodations would impose undue hardship on the operation of the college. The goal of this policy is to provide equal employment and educational opportunities to enable persons with disabilities to function adequately, both personally and professionally, within the academic, social, and broader college community.

Policy Statement:

Buffalo State takes affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental impairment in all employment practiced including but not limited to: advertising, recruitment, employment, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and professional employment.

Background:

Pursuant to the ADA amendments Act of 2008 (ADAAA), Titles I and II of the Americans with Disabilities Act (ADA) of 1990, Sections 503 & 504 of the Rehabilitation Act of 1973 and NYS Executive Law 296, Buffalo State will not discriminate against any employee, applicant for employment, or student, because of a physical or mental impairment with regard to any position or program for which that person is qualified.

Applicability:

Employees or prospective employees/applicants with disabilities (as defined in the ADDAAA 2008) may request reasonable accommodation, if necessary, to enable them to have access to employment opportunity or to perform duties essential to their job. Buffalo State will provide equal educational opportunities and reasonable accommodations and academic adjustments for qualified individuals with disabilities (as defined the ADAAA of 2008). No qualified student with a disability will be, on the basis of the disability, excluded from, or discriminated against, in any program or service of the college, including academic programs, academic research, career development, housing, health services, counseling, financial aid, athletics or recreation, transportation, or other educational or extracurricular program. No qualified student with a disability will be, on the basis of the disability, excluded from, or discriminated against, in any program or service of the college, including academic programs, academic research, career development, housing, health services, counseling, financial aid, athletics or recreation, transportation, or other educational or extracurricular program.

Definitions:
Such requests may be made regardless of title, salary, salary grade, bargaining unit, or employment status (permanent, temporary, or provisional). Buffalo State will provide equal educational opportunities and reasonable accommodations and academic adjustments for qualified individuals with disabilities (as defined the ADAAA of 2008).

Responsibility:
Employees in need of an accommodation (as defined under ADAAA of 2008) shall make such a request in writing to the ADA Coordinator in the Department of Human Resource Management Office in Cleveland Hall, Room 403. Students with disabilities in need of accommodations or academic adjustments for their academic program or services should contact the Disabilities Services Office, South Wing, Room 120, (716) 878-4500. The Office of Student Affairs and the Disability Services Office are responsible for data collecting and record keeping of all student requests for accommodations. The Chief Diversity Officer has oversight as the Americans with Disabilities Act (ADA) Coordinator for Buffalo State and is responsible for ensuring compliance with this policy.

Procedure:

Students with disabilities in need of accommodations or academic adjustments for their academic program or services should contact the Disabilities Services Office, South Wing, Room 120, (716) 878-4500. The Office of Student Affairs and the Disability Services Office are responsible for data collecting and record keeping of all student requests for accommodations. Should an employee, applicant or student not agree with the accommodation being provided or if the request for accommodation is denied, and the employee, applicant or student believes the basis of the denial is due, in part, to discrimination, the employee, applicant or student may contact the Equity and Campus Diversity Office, 415 Cleveland Hall at 1300 Elmwood Avenue, Buffalo, NY. Please call (716) 878-6210 for additional information. The College will follow the SUNY Grievance Procedures for the Review of Allegations of Discrimination to resolve complaints of unlawful discrimination based on disability

RELATED INFORMATION:

CONTACT INFORMATION:

Office Name:     Equity and Campus Diversity
Office Address   415 Cleveland Hall
Phone: (716) 878-6210
Fax: (716) 878-6234
Website:   http://equity.buffalostate.edu/
Email: mailto:eeoequity@buffalostate.edu

REVISION HISTORY

Date of change: 7/24/15
Brief description of edit: Update to new format

APPROVAL:

SUNY Legal