Purpose
The purpose of this operating policy/procedure is to ensure understanding of the University's responsibilities regarding the Americans with Disabilities Act (ADA) and Section 504. The Provost and the Vice President of Student Affairs will review this policy on an annual basis and forward any recommendations for revisions to the Human Resources Department.

Introduction
The Americans with Disabilities Act (ADA) of 1990 mandates equal opportunities for persons with disabilities in all public facilities, programs, activities, services and benefits derived from them. Section 504 of the Rehabilitation Act of 1973 as amended mandate equal opportunity for qualified persons with disabilities in all programs, activities and services of recipients of federal financial assistance. Both ADA and Section 504 are civil rights statutes which prohibit discrimination on the basis of disability, obligate colleges and universities to make certain adjustments and accommodations and offer to persons with disabilities the opportunity to participate fully in all institutional programs and activities.

Section 504 states "a handicapped person is anyone with a physical or mental impairment that substantially impairs or restricts one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working."

For federally assisted programs or activities operated by post-secondary education recipients, the specific obligations with regard to handicapped students include but are not limited to the following:

• All programs and activities must be offered in the most integrated setting appropriate
• Academic requirements must be modified, on a case by case basis, to afford qualified handicapped students and applicants an equal educational opportunity.
• A recipient may not impose upon handicapped students rules that have the effect of limiting their participation in the recipient's education program-or activity; for example, prohibiting tape recorders in classrooms or guide dogs in campus buildings.
• Students with impaired sensory, manual or speaking skills must be provided auxiliary aids such as taped texts, interpreters, readers and classroom equipment adapted for persons with manual impairments.

Texas Southern University provides all educational and other university-sponsored programs and activities to persons with disabilities in the most integrated setting appropriate. Students, employees, applicants and other individuals with disabilities served by TSU are not segregated, separated or treated differently. TSU does not require persons with disabilities to take advantage of all adjustments, accommodations or special services.

Information
Any communications from the University shall be made accessible to all students and employees concerning ADA and Section 504 related information. This includes student and employee policies, procedures, emergency evacuation plans, and other related information that shall be published in the student paper, student and employee handbooks and the University's personnel guide.

Oversight Committee
An executive ADA committee has been formed and given a formal charge by the President of the University. This committee is the Executive ADA/Section 504 Oversight Committee ("Oversight Committee"). The members of the committee will serve for a term of 2 years. The President will appoint new members at the expiration of the 2-year term. Representation will include an individual from the Office of the General Counsel, Student Affairs, Human Resources, the Thurgood Marshall Law School, Facilities Department and 3 members from the student and faculty body.

The Oversight Committee will ensure that TSU will make such modifications to its classrooms and testing requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating on the basis of disability. Specifically, the procedures will include the following:

1. certification that an individual has a disability;
2. undertake reasonable steps to obtain a professional determination of whether academic adjustments/auxiliary aids are necessary and if they are, what kind;
3. determine on an individual basis what academic adjustment(s)/auxiliary aid(s) TSU will grant, and ensure that the academic adjustment(s)/auxiliary aid(s) granted is/are of an acceptable level of quality and effectiveness for each student making such a request on the basis of a disability;
4. provide students a justification for denial of an academic adjustment/auxiliary aid, or for the selection of another academic adjustment/auxiliary aid, if the provided academic adjustment/auxiliary aid is different from that requested by the student;
5. provide students a reasonable opportunity to submit additional information to TSU, if their initial documentation does not support the request for academic adjustments/auxiliary aids; and
6. ensure that decisions regarding requests for academic adjustments/auxiliary aids are made in a timely manner.

With the start of the fiscal year 1999-2000, a University Compliance Manager (also the ADA/504 Coordinator) in the Human Resources Department will assume responsibility in coordination with the Oversight Committee for resolving issues arising under the ADA and Section 504. The University Compliance Manager will be responsible for ensuring that the University is in compliance, responds to requests from the government and provides notification to all appropriate members within the University. The University Compliance Manager will also work closely with his or her counterparts who have been designated as coordinators in the various schools with regard to complaints.

Accessibility Issues
A designated representative in each building (Hannah Hall, Bell, Fairchild, School of Business, Library, Student Center, etc.) will serve as the point-of-contact for all ADA and Section 504 accessibility issues. That individual will be responsible for ensuring that all residents in the building are properly notified regarding ADA and Section 504 announcements and emergency evacuation plans. The representative will also work with the Facilities Department to ensure that the buildings that the University owns and/or operates are maintained within the standards of compliance required by the relevant provisions of the ADA and Section 504.

Complaint Process
The purpose of this procedure is to provide the primary process for addressing student and employee complaints based on disabilities as are applicable in the ADA and Section 504 of the Rehabilitation Act of 1973. Any Texas Southern University student or employee may file a complaint if the situation warrants that action. A student grievance is a formal complaint filed by an individual enrolled in the University. An employee grievance is a formal complaint filed by an individual who is on the University's payroll. Either individual may file a complaint. Issues that are grieved include but are not limited to:

• Denial of accommodations that have been requested OR
• Insufficient accommodations

Texas Southern University has adopted an internal complaint procedure providing prompt and equitable resolution of complaints alleging any action prohibited-by the Title II of the ADA and/or Section 504 of the Rehabilitation Act.

All complaints should be addressed to the University Compliance Manager at:

Texas Southern University
Human Resources Department
3100 Cleburne Avenue
R.J. Terry Library - Suite 500
Houston, TX 77004

The following steps explain the procedure:

1. A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.



2. A complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged violation.



3. An investigation, as may be appropriate, shall follow a filing of complaint. The University Compliance Manager shall conduct the investigation. These rules allow for an informal but thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.



4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the University Compliance Manager and a copy forwarded to the complainant and Human Resources no later than fifteen (15) business days after its filing.



5. The ADA Coordinator shall maintain the files and records of the Texas Southern University relating to the complaints filed.



6. The Compliance Manager will gather all the documents relating to the investigation and submit the documents with a summary of the case to the ADA/Section 504 Hearing Committee.



7. A hearing will be held within five (5) days of the committee receiving the information.



8. The committee will issue a decision within twenty-four (24) hours of hearing the complaint.



9. The complainant can request an appeal of the case in instances where he or she is dissatisfied with the resolution. The request for appeal should be made within five (5) business days to:
   Dr. Willie Marshall
   Dean of Students
   Texas Southern University
   3100 Cleburne Ave.
   Room 204 - EBH
   Houston, TX 77004



10. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this complaint procedure is not a prerequisite to the pursuit of other remedies.



11. These rules shall be constructed to protect the substantive rights of interested persons to meet appropriate due standards and to assure that Texas Southern University complies with the ADA and implementing regulations.

The Vice President of Student Affairs will appoint the ADA appeals committee. This committee, the ADA/Section 504 Hearing Committee, will hear all complaints and appeals related to ADA and Section 504. The committee hears all cases referred by the Dean of Students. The Committee is composed of three students, two faculty members and two administrator/staff members. A faculty member or administrator/staff member who is appointed by the Dean of Students chairs the Committee.

Hearing Procedures

1. The Chairperson will control the hearing and take whatever action is necessary to insure an equitable, orderly, and expeditious hearing. As presiding officer, the Chairperson may remove anyone not complying with the rules and/or disrupting the hearing. Only clearly relevant and substantive objections will be allowed.
2. Legal, procedural rules of evidence will not be used in the disciplinary hearing.
3. All parties, members of the Hearing Committee, complainant and the accused student may examine all available evidence and question all witnesses.
4. The student and/or employee may bring a representative; however, it is not a requirement. The student and/or employee, or their representative may ask questions if necessary.
5. Witnesses will be heard one at a time, and may be excused from the hearing by the Chairperson after testifying.
6. After all available evidence and witnesses have been examined and questioned, all persons except members of the Hearing Committee must leave the room.
7. Members of the Hearing Committee will then make a determination of the case and render a written recommendation to the complainant and to the Dean of Students.

Complaints in the following areas will utilize the same complaint procedure previously described:

• Law
• College of Pharmacy and Health Sciences
• All other schools will be combined

A copy of the final resolution resulting from the complaint procedure shall be provided to the appropriate officer in the school where the violation has occurred, to the Human Resources Department and to the Office of the General Counsel.

Adopted 10/8/99