AMERICANS WITH DISABILITIES ACT (ADA)
It is the responsibility of the EOP Office, through the ADA Coordinator, to ensure
the Florida A&M University is in compliance with the Americans with Disabilities Act. The ADA provides civil rights protection for persons with disabilities. These rights
are parallel to those rights that have been established by the federal government
for women and minorities. A qualified individual with a disability cannot be denied
admittance to participation in or benefit from goods services, facilities, programs,
privileges, advantages, or accommodations at FAMU. Americans With Disabilities Act
of 1990 (PL 101-336) Summary. The Americans with Disabilities Act (ADA) of 1990 extends to individuals with disabilities, comprehensive civil rights protection
similar to those provided to persons on the basis of race, sex, national origin, and
religion under the Civil Rights Act of 1964. Title III of the ADA prohibits discrimination
on the basis of disability in places of public accommodation by any person who owns,
leases (or leases to), or operates a place of public accommodation. Title III also
establishes accessibility requirements for new construction and alterations in places
of public accommodation and commercial facilities.
Disabled Student's Rights/Responsibilities Summarized
- To not be denied access due to a disability
- To receive reasonable accommodations that provide equal opportunity.
- To have access to auxiliary aids/assistive technology.
- To not be counseled toward “more restrictive career objectives.
- To receive assistance from the Center for Disability Access and Resources (CeDAR) in removing any physical, academic and attitudinal barriers.
- To not be discriminated against due to a disability any retaliatory discrimination.
Faculty Rights/Responsibilities Summarized (when accommodating disabled students)
- To identify themselves to the disability service office, CeDAR.
- To provide documentation of disability.
- To initiate request for accommodations by providing a certification of disability
letter to faculty within the first two weeks of the semester.
- To provide a minimum of a two-week notice for major accommodations request (special accommodations
of equipment may need more time).
- To provide one week notice to the instructor and CeDAR when they will be testing in
- To assume responsibility for testing procedures and notifying faculty and CeDAR accordingly.
- To provide for his/her personal independent needs or other disability related needs.
- To assume personal responsibility for meeting with faculty, requesting assistance
through supplemental services and meeting university standards.
Students with disabilities are protected under Family Educational Rights and Privacy
Act (FERPA) and the civil rights laws.
- Taped Lectures – It is the faculty member’s right to request a written agreement before allowing
the student to tape record the class. Request would come from Disability Services.
- Classroom Behavior – All university students must adhere to the university code of
conduct regardless of whether they have a disability. Infractions of this code should
be directed to the Dean of Students in the Office of Student Affairs. If the student
has been identified as a student with a disability, this information should be provided
to the Dean to facilitate collaboration with the Director of Disability Services.
- Alternative Testing – An alternative testing site is provided by the CeDAR located
at 667 Ardelia Court. Replicated research has been undertaken to determine the necessity
of extended test-taking time for individual with disabilities.
- Challenge Accommodations – A faculty member has the right to challenge an accommodation
request if she/he believes the student is not qualified, the accommodation would result
in a fundamental alternative of the program, the institution is being asked to address
a personal need, or the accommodation would impose an undue financial or administrative
burden. Accommodation request are based on documentation on file in the CeDAR (If
warranted, interim services are provided while documentation is being obtained). Due
to confidentiality, the nature of the disability may not be disclosed to the faculty
unless there is a specific need to know. When beneficial to the faculty/student academic
relationship, students are encouraged to self-disclose.
- Shared Responsibility – As an employee of Florida A&M University who has compliance
obligations under federal laws, it is the responsibility of the faculty to assume
a shared responsibility in providing reasonable accommodation for students with disabilities. The university
is responsible for implementation and, as an employee, faculty are required to adhere
to the policies and procedures The responsibility of meeting the academic needs of
individuals with disabilities through reasonable accommodations has been assigned
to the Director of the CeDAR.
- Referral – If a faculty member is notified by a student that she/he has a disability
or if the student brings a medical statement to the instructor, it is the faculty
member’s responsibility to refer the student with his/her medical statement to CeDAR. Also,
if an instructor notices that a student is not performing up to standards and suspects
there might be a learning disability, he/she must also refer the student.
A faculty member should never make any statements or implications that a disabled
student is any different from the general student population.
EXAMPLES OF DISCRIMINATORY ACTS AGAINST DISABLED EMPLOYEES
- Do not ask the student to come to the classroom and then leave with the test in hand.
- Do not place the student in the hallway or any other obvious place to take an exam
because you want to be close to them in case they have a question.
- Do not ask the student for documentation other than the letter from CeDAR.
- Do not discuss the student’s needs or accommodation other than in a private place.
- Do not make comparisons between students and their needs.
- Do not use a grading standard that is any different from the rest of the class.
- Do not give students with disabilities an advantage over the rest of the class; the
idea of the law is to give equal access or equal opportunity provided through the
Discriminatory acts against employees are defined as the failure on the part of the
employer to take positive steps to employ and advance in employment qualified individuals
Examples of discriminatory acts are:
- Making a decision concerning employment under any program or activity that limits,
segregates, or classifies applicants or employees in any way and adversely affects
their opportunities or status because of a disability.
- Participating in a contractual or other relationship that has the effect of subjecting
applicants or employees with qualified disabilities to discrimination.
- This includes relationships with employment and referral agencies, with labor unions,
with organizations providing or administering fringe benefits to employees of the
university and with organizations, providing training and apprenticeship programs.
- Failure to recruit, advertise, process applications for employment, hire, upgrade,
promote, or award tenure to a disabled person on the basis of a disability.
- Failure to make reasonable accommodations for job assignments, job classifications,
organizational structures, position descriptions, lines of progression, sponsored
activities, including social or recreational programs, leaves of absence, unless the
employer can demonstrate that the accommodation would impose an undue hardship.
- Failure to consider a person for selection of financial support for training, including
apprenticeship, professional meetings. Conferences, and any other related activities,
terms, conditions, or privileges of employment on the basis of a disability.
All employees and students requesting a reasonable accommodation under the Americans
with Disabilities Act (ADA) must complete a Voluntary Self-Disclosure Statement and
provide official documents pertaining to disability(ies).
EMPLOYEES MAY CONTACT:
The Office of Equal Opportunity Programs (EOP)
1700 Lee Hall Drive
308 Foote-Hilyer Administration Center
Tallahassee, Florida 32307
STUDENTS MAY CONTACT:
The Center for Disability Access and Resources (CeDar)
Deborah Sullivan, MA, Director
1735 Wahnish Way
Tallahassee, Florida 32307
All request for parking accommodations based on disability and any physical access
issues should be referred to the Office of Equal Opportunity Programs.