What is the intent of the law?
To ensure that no otherwise qualified person with a disability will be denied access to, the benefits of, or be subjected to discrimination by any program or activity provided by any public institution or entity.
Who is covered under the law?
All qualified individuals with disabilities who meet the entry age level criteria or particular program entry criteria of the college and who can document the existence of a disability as defined by the ADA.
Who is responsible for identifying and documenting accommodation needs?
Students are responsible for self-identification and for obtaining disability documentation from a professional who is qualified to assess their particular disability. The student, not the institution, assumes the cost of the evaluation.
Who is responsible for initiating service delivery?
Students are responsible for notifying Diverse Abilities and Accommodations staff of their diverse ability and of their need for accommodations. Accommodations (not special education) are provided on a semester by semester basis in order for students with diverse abilities to have equal access to the institution’s programs, services and activities.
Who is responsible for enforcing the law?
Section 504 (Subpart E) is a civil rights statute enforced by the Office for Civil Rights (OCR), U.S. Department of Education. The ADA is also a civil rights statute enforced by the U.S. Department of Justice, and the Equal Employment Opportunity Commission (EEOC).
What about self-advocacy?
Students must be able to communicate what their disability is, their strengths, weaknesses, and how the disability impacts and functionally limits major life activities. They must be able to identify and justify any requested accommodations.
All colleges and universities are required by the law to publish grievance procedures for students to use if they feel they are the victims of discrimination, of any type. The following excerpt contains the Vincennes University Student Grievance Policy, obtained from the current, online VU Catalog under "Student Policies..."
If students have grievances involving University professors or staff members, they are to process such grievances through the University administrative structure.
The student should first discuss any grievance thoroughly with the professor or staff member. If the grievance is not resolved, the student should discuss such with the faculty or staff member's immediate supervisor. Any unresolved grievances can be processed through the administrative structure to the President, if necessary.
The resolution of student grievances will be transmitted to the student and through the administrative structure to all involved parties.
If a student feels he/she has been unable to resolve a grievance satisfactorily using these procedures, a discrimination complaint can be filed with the federal Office of Civil Rights. Online complaints may be submitted using OCR's electronic complaint form.
For more information about filing an OCR complaint, contact the director of Diverse Abilities and Accommodations by calling 812-888-4501, or by emailing ssteele@vinu.edu.
Some materials adapted from: Kay McVay, Faculty Development Specialist, PROJECT CONNECT, Henderson State University