Policy Number: 5-004
Accessibility and Reasonable Accommodation for Individuals with Disabilities INTERIM
Category: Compliance and Ethics
Responsible Executive: Chief Compliance, Ethics, and Privacy Officer
Responsible Office: Compliance and Ethics
1. Purpose
The University of Florida (“University”) is committed to providing equal access to its services, programs, and activities, including information, digital technologies, and resources, to qualified individuals with disabilities. This Policy sets forth provisions for the University’s compliance with relevant state and federal law as well as guidance, including to the extent applicable the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008, both commonly referred to in this document as (“ADA”) and Sections 503, 504, and 508 of the Rehabilitation Act of 1973 (herein referenced as “Rehab Act”), and details the University’s commitment to accommodation and grievance procedures.
This Policy also provides guidance to employees, students, and third parties about their rights and responsibilities regarding accessibility and reasonable accommodation.
2. Applicability
This Policy applies to all Faculty, Staff, Students, Contractors, Vendors, Volunteers, Visitors, Guests, University Direct Support Organizations, or University Affiliate Entities.
3. Definitions
Accessible means providing a person with a disability equal opportunity to acquire the same
information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use.
Accommodation (“Reasonable Accommodation”) means an action, modification, or adjustment necessary to provide an individual with a disability access to the University’s services, programs and activities that does not impose an undue hardship on the University or fundamentally alter the service, program or activity. For employees, such an accommodation may be a change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities. For a student, accommodations are adjustments that remove barriers and create equal access to programs, activities, or the learning platforms without fundamentally altering the academic content or learning objectives.
ADA/504 Coordinator means the University official designated to coordinate the development and implementation of University’s policies and procedures relating to individuals with disabilities in accordance with state and federal laws. The ADA/504 Coordinator may delegate or assign responsibilities to a trained designee.
ADA Specialist or Case Manager means the University employee designated in either a student or employee specific service office who responds to or provides an evaluation regarding employees’ and/or students’ requests for reasonable accommodation under this Policy.
Advocate means a person who has been authorized by the individual with a disability to speak for and/or represent the individual for the purpose of a request for accommodation and the interactive accommodation process. A student’s direct communication with the University is an essential element of the academic program, therefore such representation is not permitted unless it is approved as an accommodation for the disability. Likewise, employees are expected to engage in University processes on their own behalf unless representation by an advocate is approved as an accommodation for the disability.
Disability means a documented physical or mental impairment of an individual that substantially limits one or more major life activities and/or major bodily functions, or a record of such an impairment, or being regarded or perceived as having such an impairment.
Documentation means those documents and reports that are required to be presented to the University by the individual requesting an accommodation or by the individual’s representative before any accommodation will be provided. Documentation generally consists of official written communications from a relevant qualified treating health professional (such as a physician, surgeon, psychiatrist, or physical therapist). In this document, the qualified professional may also make suggestions or recommendations regarding the necessary accommodations that may be considered by the University.
Electronic and Information Technology (EIT) means technology, including websites, online learning environments, course management systems and assistive or adaptive technologies.
Employee means a person (faculty and/or staff) with a direct employment relationship with the University of Florida, a Direct Support Organization (DSO), or Affiliated Legal Entity, including those who work on a part-time, temporary, or adjunct basis. An individual can hold a status as both a student and employee. The provisions of this Policy will be applied consistent with the role principally held by such individuals in the relevant context.
Employee Accommodation Plan means specific accommodation(s) provided in writing to a qualified employee with a disability. The Accommodation Plan is signed by the individual employee requesting the accommodation, the employer/Supervisor responsible for implementation of the specified accommodation(s), and the Human Resource Professional or Academic Associate Dean for Faculty assigned to the unit.
Essential Function means a task, duty, or responsibility that is fundamental (not marginal) to the purpose of the job, the classification, or the activity.
Impairment means a functional limitation related to one or more major life activities including, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
Informal Solution means a way to address employee or student concerns related to accommodations. Informal solutions may facilitate agreements within the scope of this Policy that are adopted to rapidly address accommodation and accessibility-related concerns. Informal Solutions may, for example, modify pre-existing accommodations without changing their nature, scope, effect, or purpose.
Major Life Activity / Bodily Functions means activities including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working and major bodily functions, which include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
Student means all persons taking courses through the University of Florida, either full-time or part-time, hybrid, on-line or in-person, single or dual enrolled, pursuing undergraduate, graduate or professional studies. “Student” also includes all persons who withdraw after allegedly violating the Student Code of Conduct, persons who are not enrolled officially for a particular term but who remain a student under the University’s continuous enrollment Policy. For the purposes of this Policy, “Student” also includes persons who have been notified of their acceptance for admission, and persons living in University residence halls regardless of course enrollment.
Student Accommodation Letter/Memorandum means specific academic accommodation(s) or physical modifications described in writing for a student who has registered with the University’s Disability Resource Center.
Supervisor means a person who has authority to undertake or recommend tangible employment decisions (e.g., hiring, firing, and promoting) affecting an employee.
Support Person means a person who has been requested to be present by the individual with a disability for the sole purpose of providing emotional support. Such support persons may include an attendant/aide, colleague, family member, friend or other identified person able to support the individual with a disability. The role of the support person will be to offer support directly to the employee or student seeking accommodations, rather than speak for or otherwise make decisions for or advocate for them. The support person does not represent nor speak for the individual seeking accommodations. This support person is involved only in meetings relevant to discussion about accommodations.
Third Party means any individual, including contractors, vendors, ticket holders, invited guests, alumni/ae or local residents, and those who access University Electronic and Information Technology (EIT), who is not a University student or employee (faculty or staff).
4. Policy Statement
This Policy supports compliance with ADA and the Rehab Act while underpinning the University’s defined procedures (see University of Florida, Process Guide).
Under this Policy, the University provides that a grievance process will be available to Employees and Students regarding Accommodation decisions and/or implementation of Accommodations.
The University’s Non-Discrimination Regulation 1.006 governs the process for resolving complaints of discrimination, including Disability discrimination. Employees or Students who allege discrimination based on Disability as a protected identity should follow the process outlined in the University’s Non-Discrimination Policy to raise such complaints.
Qualified individuals with disabilities are held to the same standards of conduct, job performance, and academic standards as other Employees, Students or Third parties. The University supports an environment free from retaliation. Retaliation against any Student, Employee, or Third party who brings forth a good faith concern, asks a clarifying question, participates in an investigation, or brings forward a grievance under this Policy is prohibited.
The University’s identified ADA/504 Coordinator is:
Crystal C. Coombes (Interim ADA/504 Coordinator)
903 W. University Avenue
P.O. Box 115003
Gainesville, FL 32611-5003
Email: adaservices@ufl.edu
Phone: 352-294-8720
TTY: 1-800-955-8771
Fax: 352-392-5268
4.1 Policy Violations
Failure to comply with this policy could result in disciplinary action, up to and including termination. Noncompliance by Students may result in disciplinary sanctions under the Student Code of Conduct. Third parties who do not comply with this policy may be permanently barred from the University’s facilities, services or activities or subject to other restrictions.
5. References and Related Information
- Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 Americans with Disabilities Act of 1990 Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990).
- 29 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Code of Federal Regulations, Title 28 (2002):516-544).
- Sections 503, 504, and 508 of the Rehabilitation Act of 1973
- University of Florida, Policy on Policies
- University of Florida, Regulation 1.006 Non-Discrimination/Harassment/Invasion of Privacy Policies
History
History: Interim 11-19-2024