The Role of an ADA Coordinator in Post-Secondary Education

Presented by L. Scott LissnerFriday, March 11, 2011

POWERPOINT PRESENTATIONSCAN BE DANGEROUS

NASA's Columbia Accident Investigation Board identified simplistic thinking from an over-reliance on PowerPoint presentations as a contributing factor in the Columbia shuttle disaster.

(New York Times Magazine 12/14/2003)

CAUTIONCAUTION

Provide equally effective access to

programs, benefits and services for

qualified individuals with disabilities in the

most integrated manner possible

Section 504 of the Rehabilitation Act 34 CFR 104 & Title II of the Americans With Disabilities Act 28 CFR 35

WHAT IS COVERED?• Programs, Benefits & Services• Communications• Facilities (June 1977/January 1991/March 2012)

PUT ANOTHER WAY• Employment

– Faculty, Staff, Work Study, Teaching Assistants, Adjuncts...

• Education– Matriculated, Non-matriculated, Distance, Practica, …

• Public events– Athletics, Lectures, Concerts, Job Fairs, Conferences, …

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“Congress acknowledged that society's accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.”

Justice William J. BrennanArline v. Nassau County, 1987

A model for the role of ADA Coordinator

• Primary role: Insure compliance with Federal and State non-

discrimination laws (neither advocate nor adversary)

• Develop, review and refine policy and practice as they relate to access and accommodations with senior administration, deans, chairs, and program directors, human resources, faculty governance, student life, university architect, medical center administration, extension…..

• Investigates/refers complaints of disability discrimination or harassment

• Consult directly with managers, supervisors, human resources, faculty and staff regarding reasonable accommodations.

• Review blueprints and consult with architects and engineers regarding new campus construction and renovation projects.

• Initiate, encourage and support disability related initiatives.

WHO SERVES AS THE ADA COORDINATOR

• Compliance Committee• Department or Division Network• Appointed Person

– Sole duties or add on– Location with institution

• Funding Compliance

SELF EVALUATION 28 CFR 35.105 & 34 CFR 104.6

• Was a Section 504 Evaluation required?– If so is it available and has it been evaluated?

• ADA Title II Self Evaluation and Transition Plan? – Has it been updated?

• What do you need today?

NOTICE 28 CFR 35.106. & 34 CFR 104.8

• Does the institution make information available to the general public regarding the fact that the ADA applies to the services, programs, and activities of the institution?

• Does the institution use the Department of Justice’s model “Notice Under the Americans with Disabilities Act” or a similarly comprehensive notice?

• Does the institution post this information in public areas or make it available in other ways as deemed necessary by the head of the institution to inform people of the protections of the ADA?

• Is the ADA notice available in alternate formats – i.e., large print, Braille, audio format, accessible electronic format (e.g., via email, in HTML format on its website)?

DESIGNATION OF RESPONSIBLE EMPLOYEE

28 CFR 35.107(a) & 34 CFR 104.7(a)

• Does the institution have an ADA Coordinator? – All state and local governments (including public

colleges) with 50 or more employees are required to designate at least one responsible employee to coordinate ADA compliance.

• Does the ADA Coordinator have the time, expertise, resources and authority necessary to coordinate institution’s efforts to comply with and carry out its responsibilities under the ADA?

• Does the ADA Coordinator investigate all complaints communicated to the institution alleging that the institution does not comply with the ADA?

• Does the ADA coordinator actually carry out these duties?

ADOPTION OF GRIEVANCE PROCEEDURES

28 CFR 35.107(b) & 34 CFR 104.7(b)

DISCRIMINATION ON THE BASIS OF DISABILITY

• Exclusion• Failure to accommodate

– Specific modification or tool– Not considered covered

• Facilities compliance • Association

• Notice of how, when, and where to file a complaint;• Clear distinction between informal and formal

processes; • Prompt timeframes for each stage of the complaint

process;

Essential Elements for the Complaint Process

• Hearing officer/investigator has relevant knowledge/training;

• Hearing officer/investigator is free of conflict of interest;

• Accommodations provided for grievance procedures, if needed;

• Investigation of the allegation(s) is thorough and objective, and includes the opportunity to present evidence;

• Written notice to the parties of the finding.– Identify any internal appeals

Standards of Evidence• Substantial

– A reasonable person might accept as adequate to support a conclusion; not the result speculation or conjecture

• Preponderance– A reasonable person must be persuaded that the facts

more probably support the position asserted than alternatives

• Clear and Convincing– A reasonable person must be persuaded that it is highly

probable that facts support the position asserted

• Beyond a Reasonable Doubt– A reasonable person must be all but certain of the position

asserted

RESOURCES• ADA Best Practices Tool Kit for State and Local

Governmentshttp://www.ada.gov/pcatoolkit/toolkitmain.htm

• AHEAD’S ADA Coordinators SIGhttp://www.ahead.org/sigs/ada-coordinators

• Dept. of Education Office for Civil Rights: Case Processing Manualhttp://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html

• Equal Employment Opportunity Commission: Compliance Manual http://www.eeoc.gov/laws/guidance/compliance.cfm

• Your local ADA DBTAChttp://www.adata.org/Static/Home.aspx

L. Scott Lissner

• University ADA Coordinator & 504 Compliance Officer• Associate, John Glenn School of Public Policy• Lecturer at the Knowlton School of Architecture, Moritz

College of Law & Disability Studies

• President Elect• Co-Chair, Public Policy

OTHER•Appointed, Ohio Governor's Council For People With Disabilities•Chair, ADA-OHIO•Appointed, State HAVA Committee•Appointed, Columbus Advisory Council on Disability•Editorial Board, Thompsons 504 Compliance Handbook

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CONTACT

L. Scott Lissner, ADA Coordinator, The Ohio State University Office of Diversity And Inclusion1849 Cannon Drive Columbus, OH 43210-1266 Lissner.2@OSU.EDU Http://ada.osu.edu

(614) 292-6207(v); (614) 688-8605(tty) (614) 688-3665(fax)

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