2019-2020 Student Handbook

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Disabilities

A. General Policy

Carroll College’s policy and practice is to comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and state requirements regarding students and applicants with disabilities. Under these laws, no otherwise qualified individual, with a disability, shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination on the basis of disability under any program or activity at the College. Individual students shall be provided reasonable accommodations in accordance with this policy, unless the accommodation would impose an undue hardship on the operation of the College’s program or activity. Carroll College, through its Accessibility Services Office, will make the final determinations regarding all accommodations granted to a student.

B. Definitions

  1. A person with a disability is any person who (1) has a physical or mental impairment which substantially limits one or more major life activities; (2) has a record of such impairment; or (3) is regarded as having such impairment.
  2. A qualified person with a disability is an individual with a disability who meets the academic and technical standards requisite to admission and participation in the College’s educational program and activities.

C. Admission Policy & Procedures

Information provided by an applicant during the admissions process concerning his or her disability shall be provided on a voluntary basis and shall be kept in accordance with state and federal laws regarding confidentiality. Information regarding a student’s disability will be stored in a locked cabinet in the Accessibility Services Coordinator's office at Carroll College.

  1. ACT and SAT scores

    An indication by the College Board or the American College Testing Program that an applicant took the SAT or ACT under accommodated conditions shall not be used as the basis for discrimination. The scores received on such tests shall be treated the same as any un-accommodated scores. The College policy is to view non-standard testing conditions as necessary and reasonable accommodations that have been afforded only after proper evaluation by SAT or ACT and do not result in unfair advantage or inflated scores.

  2. Documentation of the Disability

    Applicants who need an accommodation for their disability during the admission process must notify the Admission Office and the Accessibility Services Coordinator at the time of application. It will be necessary for the applicant to provide appropriate documentation of the disability at that time.

    It is the responsibility of applicants to inform those who write letters of reference on their behalf whether they wish to have the referees mention their disabilities in the letters of reference.

  3. Reconsideration

    It is not the College’s practice to reconsider applications that have been rejected unless information that was not available at the time of the application, through no fault of the applicant, becomes available. If a student would like to have the disability and need for an accommodation taken into account in an appeal process, he or she must notify the Admission Office and the Accessibility Services Coordinator and provide appropriate documentation.

  4. Information on the Disability Retained in Applicant’s File

    Written documentation regarding a disability, disclosed as part of the admission process, will generally be forwarded to the Accessibility Services Coordinator. It is the student’s responsibility, however, to ensure that documentation is on file in the Accessibility Services Coordinator's office if accommodations will be requested. Information provided during the admission process does not constitute notification to the College for the purpose of requesting accommodations unless that information was sent directly to the Accessibility Services Coordinator.

D. Responsibilities of Students

  1. Identifying the Need for Accommodations

    Students with disabilities who require accommodations must make those needs known to the Accessibility Services Coordinator. Students are responsible for making these needs known in a timely fashion and for providing documentation. Students must be certain that their disability is clearly stated and that accommodations they intend to request are addressed within this documentation and that they have qualified for services at Carroll College.

    Students who provide documentation should verify with the Accessibility Services Coordinator that documentation has been received and whether or not they qualify for services.

    Students who do not require accommodations need not make their disabilities known.

    Information on a student’s disability and accommodations is treated as confidential information under applicable federal and state laws and college policies and is only provided to individuals on a need-to-know basis. Faculty members who are informed of a student’s disability are advised that this information is confidential.

    In some cases where only minor accommodations are required (such as requesting to sit in the front row because of a visual or hearing impairment), the student should feel free to simply make a request of the faculty member. If requests for minor accommodations are not responded to adequately, the student should make the request through the Accessibility Services Coordinator.

  2. Accommodations

    The College will provide reasonable accommodations in a timely manner to ensure that students with disabilities have access to the College’s services, programs and activities. Accommodations will not be provided if the requested accommodation is not reasonable or if it imposes an undue hardship on the operation of a College program or activity. In general, the Accessibility Services Coordinator will verify the disability and work with the student to identify reasonable accommodations. The student will then discuss these accommodations with his or her professors. The faculty member will review the accommodations requested and grant the accommodations or work with the student and/or the Accessibility Services Coordinator to identify alternative accommodations.

    Students should identify their needs as soon as possible to the Accessibility Services Coordinator to ensure that accommodations are available when needed. If a student does not make requests in a timely manner (i.e., 3 weeks for alternative format textbooks; 3 days for test accommodations), these services may not be available. Students who do not attend class regularly, distribute notes to other students without permission, or demonstrate diminished active participation in class, according to faculty, may lose note-taking services.

    The Accessibility Services Coordinator makes no routine notification of a student’s disability to faculty, staff, or administration. If such notification is desired, the student must make a written request through the Accessibility Services Coordinator.

  3. Verification of Physical Disability

    A student with a physical disability must provide professional verification certified by a licensed physician, psychologist, audiologist, speech pathologist, rehabilitation counselor, physical therapist, occupational therapist, or other professional health care provider who is qualified in the diagnosis of the disability. The verification must reflect the student’s present level of functioning of the major life activity affected by the disability. The assessment must support the request for the particular academic adjustment sought. The student shall provide the verification documentation to the Accessibility Services Coordinator. The cost of obtaining the professional verification shall be borne by the student.

    If the initial verification is incomplete or inadequate to determine the present extent of the disability and appropriate accommodations, the College shall have the discretion to require supplemental assessment of a physical disability. The cost of and responsibility for the supplemental assessment shall be borne by the student.

  4. Verification of Learning Disability

    A student with a learning disability must provide professional testing and evaluation results that reflect the individual’s present (within the past three years) level of processing information and present achievement level. The cost of and responsibility for obtaining the professional verification shall be borne by the student.

    Documentation verifying the learning disability must cover the following points:

    1. be prepared by a professional qualified to diagnose a learning disability, including but not limited to a licensed physician, learning disability specialist, or psychologist;
    2. include the testing procedures followed, the instruments used to assess the disability, the test results (including subtest scores), a clear statement of processing deficit, and a written interpretation of the test results by the professional;
    3. reflect the individual’s present level of academic functioning; and
    4. reflect the individual’s present level of functioning in the areas of intelligence and processing skills.

    The assessment must provide data that supports the request for the particular academic accommodation sought. In the event that a student requests an academic accommodation that is not supported by the assessment data, or if the initial verification is incomplete or inadequate to determine the extent of the disability, then it will be incumbent on the student to obtain supplemental testing or assessment at the student’s expense.

  5. Verification of Attention Deficit Hyperactive Disorder or Attention Deficit Disorder:

    Documentation for Attention Deficit Hyperactive Disorder and Attention Deficit Disorder should be current and comprehensive. The credentials of the diagnostician must be included along with information about his or her license or certification. The report should be on letterhead, dated, and signed.

    Relevant historical information should be included regarding how the ADHD or ADD has been evident across the lifespan and how it manifests itself in academic situations. Standard scores or percentiles must be included. Checklists or surveys can supplement the diagnostic profile.

    The DSM diagnostic criteria must be included and discussed.

    The report summary should include the following:

    • indication of whether the student was evaluated while on medication, and if there was a positive response to prescribed medication;
    • verification that alternative explanations of behaviors have been ruled out;
    • substantial limitations that are evident;
    • degree to which these limitations are evident in the academic setting;
    • specific accommodations needed within the academic setting and why.

    The assessment must provide data that supports the request for the particular academic accommodation sought. In the event that a student requests an academic accommodation that is not supported by the assessment data, or if the initial verification is incomplete or inadequate to determine the extent of the disability, then it will be incumbent on the student to obtain supplemental testing or assessment at the student’s expense.

    Other physical or mental impairments will require the same type of comprehensive documentation.

  6. Verification of Temporary Disability

Students seeking accommodations on the basis of a temporary disability must provide documentation verifying the nature of the condition, stating the expected duration of the condition, and describing the accommodations deemed necessary. Such verification must be provided by a professional health care provider who is qualified in the diagnosis of such conditions. The assessment of verification of disability must reflect the student’s current level of disability, and shall be no older than 30 days. The cost of obtaining the professional verification shall be borne by the student.

If the initial verification is incomplete or inadequate to determine the extent of the disability and appropriate accommodations, the College shall have the discretion to require supplemental assessment of the temporary disability. The cost of the supplemental assessment shall be borne by the student.

E. Academic Dismissal and Readmission

Students who are academically dismissed sometimes raise a disability as the basis for the academic difficulty. The burden is on the student to clarify why the disability was not brought to the attention of the Accessibility Services Coordinator and why the student did not seek support services. The student must also clarify what services will be used if he or she is readmitted. Readmission petitions should be discussed with the Associate Academic Dean or the Vice President for Enrollment Management.

Grievance Process

Any Carroll College student who believes that he or she has been subjected to discrimination on the basis of disability in violation of this policy may file a grievance. In general, this process is designed to address the following types of concerns:

  1. Disagreements or denials regarding requested services, accommodations, or modifications to Carroll College practices or requirements
  2. Alleged inaccessibility of a Carroll College program or activity
  3. Alleged harassment or discrimination on the basis of a disability
  4. Any other alleged violations of the ADA and/or Section 504.

The following rules are constructed to protect the substantive rights of interested people, meet appropriate due process standards, and assure that Carroll College complies with Section 504 and the ADA and their implementing regulations.

Any accommodations or services already granted to the student will remain in place throughout the appeal process; however, the student will be informed that this is a temporary arrangement pending the outcome of the appeal hearing.

The student’s right to pursue other remedies, such as filing an ADA Section 504 complaint with an appropriate federal agency or department, will not be impaired by the internal grievance procedures of the college. i.e., using this grievance procedure is not a prerequisite to the pursuit of other remedies (see External Agencies, below). Likewise, the student’s right to a prompt, equitable internal resolution of the complaint filed under these rules will not be impaired by the student’s pursuit of an external remedy.

Informal Grievance

When there is a difference of opinion regarding services provided by Carroll College for students with documented disabilities, the student is encouraged to seek resolution directly with the faculty or staff member providing the services. It must be understood, however, that a student should not be placed in the situation of having to “argue” his or her case with that faculty or staff member. Thus, the student may also seek assistance from the Director of the Academic Resource Center (ARC), who is designated to coordinate ADA and Section 504 compliance efforts. If requested, the Accessibility Services Coordinator will consult with the faculty or staff member, and, if necessary, with the department chair or the staff member’s supervisor, and seek resolution in a timely manner (within 10 days of the initial complaint, if possible). Any informal grievance must be pursued within ten working days of notice of the event.

Appeal to the Grievance Committee

If resolution has not been reached informally, the student may file a formal grievance with the Grievance Committee. The Grievance Committee will consist of the following Carroll College personnel: Accessibility Services Coordinator, Director of Human Resources, Associate Director of Residential Life & Housing, Vice President of Enrollment Management, Associate Vice President for Academic Affairs, and one faculty or staff member not closely associated with the student filing the grievance. If the grievance concerns an academic issue, then a faculty member should be invited onto the committee. If the grievance concerns a non-academic issue, a staff member may be invited onto the committee. If the grievance is against the Accessibility Services Coordinator, then the coordinator will recuse her/himself from the case.

A. Filing a Formal Grievance with the Grievance Committee

The following criteria must be followed when filing an internal formal grievance:

  1. Grievances must be in writing (see Student Grievance Report, below) and addressed to the Accessibility Services Coordinator.
  2. The written grievance should be filed within 30 calendar days after the conclusion of the informal grievance process.
  3. Grievances must contain the name and contact information of the student filing the grievance, describe the alleged discriminatory action in sufficient detail to inform the Grievance Committee of the nature and date of the alleged violation, and must be signed by the student.

B. Grievance Committee—Hearing Procedures

Upon receipt of a formal written grievance, the Grievance Committee will send a timely notice of acknowledgment of receipt to the student The responsibilities of the Accessibility Services Coordinator, on behalf of the Grievance Committee and the student are as follows:

  1. establish date and time for the grievance hearing;
  2. reserve location for the hearing;
  3. notify all participants of date, time, and location of the hearing;
  4. establish the agenda and send all committee members copy of the grievance;
  5. facilitate the hearing (all parties to the grievance, including the student, may attend);
  6. provide written notification of the resolution to all participants.

The student and the College may submit evidence and a statement of position at the Committee hearing, which will be held within fifteen working days after the receipt of the grievance. An advocate for each party may be present but may not directly participate in the hearing through the presentation of evidence or argument. Members of the Committee may ask questions and request any additional information they deem relevant to a determination of the grievance.

A final, written determination regarding the grievance and a description of the resolution, if any, will be issued by the Grievance Committee within ten working days of the committee hearing. A copy of the determination will be forwarded to all parties involved, including committee members.

“Working days,” within the meaning of this policy, do not include days during which the College is officially closed.

Appeal of Grievance Committee Decision

If either party disagrees with the decision of the Grievance Committee, he or she may appeal to the Vice President of Academic Affairs or the Dean of Students and Retention, depending on the subject matter of the grievance, for resolution. The Vice President or Dean, in consultation with the President, will determine the final and binding decision. A written response will be issued to the student and all personnel involved in a timely manner (within 5 working days, if possible).

Formal Grievance Resolution

A grievance is resolved when:

  1. The student requests in writing that the grievance be withdrawn;
  2. Both parties sign a statement that a resolution has been achieved;
  3. The student fails to advance the grievance within the required time frames;
  4. The final step of the formal grievance procedure is completed.

Waivers

Any step of this grievance policy, and the time frames in the procedure, may be waived upon written agreements of all parties. The written agreement shall become a permanent part of the grievance file.

Confidentiality

All information and discussion of the case is confidential and must remain within the committee and the parties to the grievance.

Records

Upon final resolution, all records relating to the grievance shall be forwarded to the Associate Vice President for Academic Affairs, who shall maintain the records confidentially until seven years after the student graduates or permanently separates from Carroll College.

External Agencies

Grievances regarding discrimination on the basis of a disability may be resolved through the college. However, an aggrieved individual also has the right to file a complaint with and/or seek additional information from one or more of the following:

Montana Human Rights Bureau

P.O. Box 1728

Helena, MT 59624

(406) 444-4356

(800) 542-0807

US Department of Justice

950 Pennsylvania Avenue, NW

Civil Rights Division

Disability Rights Section - 1425 NYAV

Washington, DC 20530

US Department of Education Office of Civil Rights, Region VIII

Andrea Oliver, Acting Regional Manager Office for Civil Rights

U.S. Department of Health & Human Services

999 18th Street, Suite 417

Denver, CO 80202

Voice Phone (800) 368-1019

FAX (303) 844-2025

TDD (800) 537-7697