Policy on Accessibility and Accommodations

Policy Category: Executive

Effective Date: 07/26/2023

Responsible Officer: Provost; Vice President of Diversity, Equity, and Inclusion

History: Americans with Disabilities Act (ADA)

Responsible Office: Student Accessibility (students); Office of Institutional Equity (Employees)

Location: Link

Purpose:

This policy is intended to fulfill Wentworth Institute of Technology’s (university) commitment to Inclusive Excellence, opportunity, and access, including supporting reasonable access and accommodations.

Scope/Applicability:

This policy applies to any participant in a Wentworth Institute of Technology program or activity, including students, prospective students, employees, and applicants.

Legal:

• Americans with Disabilities Act (ADA) 
• Section 504 of the Rehabilitation Act 
• Fair Housing Act 

Policy:

Wentworth Institute of Technology is committed to fostering an accessible and inclusive working, living, and learning environment. Pursuant to this commitment, the university provides reasonable accommodations for qualified individuals with disabilities, in accordance with state and Federal Law, including the Americans with Disabilities Act (ADA, The Americans with Disabilities Act Amendments Act of 2008 (ADAAA), and Section 504 of the Rehabilitation Act.

Definitions:

a. Disability: A physical or mental impairment that substantially limits one or more major life activities.

b. Employee: For the purposes of this policy, employee includes faculty and staff.

c. Essential Function: The basic job duties that an employee must be able to perform, with or without reasonable accommodation.

d. Interactive Process: The procedure through which the University works together with a person with a disability for the purpose of identifying and coordinating reasonable accommodations. The Interactive Process includes a request for accommodation, review of barrier to access, and a discussion of possible accommodations.

e. Reasonable Accommodation: An adjustment to a policy, practice, or service that enables a qualified individual with a disability to have an equal opportunity to access and use benefits, privileges and services that are available to similarly situated individuals without disabilities.

Accommodations are not regarded as reasonable if they:

• Are unduly extensive, substantial, or disruptive,
• Would fundamentally alter the nature of a program, course, or activity;
• Would fundamentally alter the university’s mission; or
• Would compromise the health and safety of the university community.

Reasonable Accommodations for Employees: For employees, reasonable accommodations enable an employee to perform the essential functions of a job. Examples may include, but are not limited to:

• Acquiring or modifying equipment or devises
• Job restructuring
• Modified work schedule
• Removing physical barriers in a work area

Reasonable Accommodations for Seasonable: For students, reasonable accommodations enable a student to have an equal opportunity to access and use benefits, privileges, and services that are available to similarly situated individuals without disabilities. Examples may include, but are not limited to the following:

• Academic accommodations, including, but not limited to extended time for exams, reduced distraction testing location, notetaking services, flexibility with attendance
• Residential accommodations
• Modifications to dining plans

Procedure(s):

a. Accommodation Process for Students

1. Submitting a request
   1. Students with disabilities may request a reasonable accommodation through Student Accessibility Services or by completing the online request form. If an accommodation is needed throughout the semester, it is recommended that requests are made at the start of the semester.
   2. Upon receipt of a request for a reasonable accommodation, Student Accessibility Services will review any submitted documentation, and schedule a meeting with the student to review the request.
2. Documentation
   1. Documentation may be required to support a request for an accommodation.
   2. Documentation must be current and should include a diagnosis and a statement regarding the impact of the disability.
3. Interactive Process
   1. Student Accessibility Services will work with students and appropriate offices (Faculty, Housing and Residential Education, Parking, Dining Services, etc.) to identify barriers to access and explore reasonable accommodations.
   2. While the university considers a student’s preference when coordinating reasonable accommodations, the university may offer an alternative accommodation, as long as the alternative is effective in mitigating the identified barrier to access.
   3. Upon completion of the interactive process, the accommodation(s) will be documented in writing and sent to the student.
4.  Reviews and Appeals
   1. A student who seeks to appeal the outcome of a request for an accommodation should submit a request for an appeal form to Assistant Provost for Student Success.
   2. Faculty who would like to discuss the implementation of an accommodation, or the impact of an accommodation on program and/or course requirements, should contact Student Accessibility Services.
   3. Any office or department with questions regarding students accommodations should contact Student Accessibility Services.
5. Duration
   1. Academic accommodations are approved for the remainder of the student's time at Wentworth. Students are welcome to meet to request additional accommodations, as needed.
   2. Non-academic accommodations are typically reviewed annually. Updated documentation may or may not be necessary.
   3. Accommodations relating to a temporary impairments or injury will be reviewed periodically, based on the student’s needs and in consideration of the medical documentation provided by the student. The university reserves the opportunity to revisit these accommodations, as necessary and appropriate, based on student’s needs or other relevant factors.
   4. Students experiencing changes related to their condition or a new diagnosis should notify Student Accessibility Services of any updates to their accommodation needs.\
6. Inappropriate Use of Accommodation
   1. There is an expectation that reasonable accommodations will be utilized in good faith. Situations in which there is alleged misuse may result in a referral to the appropriate office and/or policy.
7. Confidentiality
   1.  Information provided through the reasonable accommodation process will be kept confidential and disclosed only on a “need to know” basis.
   2. Any written information regarding a student's diagnosis, including the Accommodation Request Form, will be kept in a separate record.
8. Faculty Compliance
   1. Upon receipt of the accommodation letter, the faculty member is expected to provide the approved accommodation.
   2. Professors with questions regarding the implementation of accommodations should contact Student Accessibility Services.
   3. Students with concerns regarding the implementation of their approved accommodations should contact Student Accessibility Services.
   4. Professors seeking to challenge the approved accommodation in relation to the intended learning outcomes must submit written documentation to Student Accessibility Services indicating the nature of the challenge, including why the approved accommodation would be a fundamental alteration to the requirements of a course or program.
   5. Student Accessibility Services will convene a knowledgeable and experienced group to conduct a thoughtful and rational review of the academic program and its requirements. The decision makers consider a series of alternatives for the essential requirements as well as whether the essential requirement in question can be modified. If no equivalent modifications exist or if the professor disagrees with the proposed resolution, the matter will be referred to the Provost’s Office who will issue a final decision on the matter.

b. Accommodation Process for Employees

1. Submitting a Request
   1. Employees with disabilities may request a reasonable accommodation through the Office of Institutional Equity.
   2. Upon receipt of a request for a reasonable accommodation, the Office of Institutional Equity will review the documentation, and schedule a meeting with the employee to review the request.
2. Documentation
   1. Medical documentation may be required to support a request for an accommodation.
   2.  Documentation must be current and should include a diagnosis and a statement regarding the impact of the disability.
3. Interactive Process/Review of Application
   1. The Office of Institutional Equity will collaborate with the employee, the employee’s supervisor, and other relevant campus partners to explore accommodation options utilizing an interactive process.
   2. While the university considers an employee preference when coordinating reasonable accommodations, the university may offer an alternative accommodation, as long as the alternative is effective in mitigating the identified barrier to access
   3. Upon completion of the interactive process, the accommodation(s) will be documented in writing and sent to the employee and supervisor.
4. Reviews and Appeals
   1. An employee or applicant who seeks to appeal the Office of Institutional Equity determination about an accommodation may appeal the decision by submitting a written appeal letter to the Vice President of Human Resources. The appeal must include a written statement regarding the reason for the appeal, a summary of the resolution sought, and any relevant supporting documentation.
   2. The Vice President of Human Resources or designee will review the appeal letter and will issue a final determination. Upon thorough consideration of available information, including the appeal letter and submitted materials, the Vice President of Human Resources may uphold the Office of Institutional Equity’s decision, grant the requested accommodation, or reinitiate the interactive process for the purpose of further exploring accommodation options.
5. Duration of Accommodations
   1. Accommodations Relating to a Permanent Disability: Where an employee’s documentation reflects a permanent disability, reasonable accommodations will generally remain in effect throughout the duration of employment. The university reserves the opportunity to revisit these accommodations, as necessary and appropriate, based on employee needs, university need, or other relevant factors.
   2. Accommodations Relating to Temporary Impairments: Accommodations relating to a temporary impairment will be reviewed periodically, based on the employee’s needs and in consideration of the medical documentation provided by the employee. The university reserves the opportunity to revisit these accommodations, as necessary and appropriate, based on employee needs, university need, or other relevant factors.
   3. Inappropriate Use of Accommodation
      1. There is an expectation that reasonable accommodations will be utilized in good faith. Situations in which there is alleged misuse may result in a referral to the appropriate office and/or policy.
6.  Confidentiality
   1.  Information provided through the reasonable accommodation process will be kept confidential and disclosed only on a “need to know” basis.
   2. Any written information regarding an employee’s or an applicant’s medical condition, including the Accommodation Request Form, will be kept in a separate file.
7.  Employees Enrolled in Course or Degree Programs
   1. Employees who are enrolled as students in Wentworth courses and who are seeking course-related accommodations related to disability may request such accommodations through Student Accessibility Services, as described above.
8. Student’s Employed through Student Employment
   1. Students who are employed through any Wentworth’s Student Employment Program are eligible for reasonable accommodations relating to disability. Student employees should request reasonable accommodations through Student Accessibility Services, as described above.
9. Non-retaliation
   1. It is a violation of University policy to retaliate against an individual for requesting an accommodation under this policy.
   2. Allegations of retaliation should be reported to the Office of Institutional Equity for consideration under the University’s Non-Discrimination Policy.
10. Complaints 
    1. i. Employee or applicant may file a complaint with the university and/or with either of the following agencies:
       1. 1. Equal Employment Opportunity Commission
          John F. Kennedy Federal Building
          475 Government Center
          Boston, MA 02203
          (617) 565-3200 or (800) 669-4000
           
       2. 2. The Massachusetts Commission Against Discrimination
          One Ashburton Place
          Boston, MA 02108
          (617) 994-6000
    2. Students may file a complaint with the University and/or with the following agency:
       1.  Office for Civil Rights (Boston Office)US Department of Education
          8th Floor
          5 Post Office Square
          Boston, MA 02109-3921
          (617) 289-0111
          OCR.Boston@ED.gov

VII. Additional Information & Related Documents

Policy on Personal Care Attendants

Policy on Animals on Campus

Digital Accessibility Policy

Non-Discrimination Policy

Accommodation Guide

VIII. Interpretation & Revision:

Any questions of interpretation regarding this policy shall be referred to Executive Director of Equity and Compliance (for employee matters) or the Director of Student Accessibility (for student matters). They will be the final authority regarding the interpretation of this Policy.

This policy shall be reviewed every 3 years, however minor changes and updates can be made at any time.

In instances where two or more policies are implicated, a case-by-case determination will be made to determine what policy will be used.

IX. Review and Revision History

This policy was drafted by representatives from the Office of Institutional Equity, the Office of Student Accessibility Services, Human Resources, and Student Affairs. This policy was reviewed by Cabinet approved by the President on July 26, 2023