2020-2021 Student Handbook

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Disabilities and Access

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. Requesting Accommodations for the Admission Process

    Applicants who need an accommodation for their disability during the admission process can contact the Accessibility Services Coordinator at kgilboy@carroll.edu or at 406-447-4376 to arrange accommodations. 

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

    Written documentation regarding a disability, disclosed as part of the admission process, will 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 for classes, residential life, or other programs 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 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 to ensure that students with disabilities have access to the College’s services, programs and activities. Students can apply for accommodations at https://www.carroll.edu/sites/default/files/public-files/students/student-life/form/application-support-services-students-disabilities.docx

    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 on the first day of class. The
    Accessibility Services Coordinator will work with the student to notify faculty of their responsibilities for provision of
    accommodations and to assist in forming an open and collaborative relationship among the team that includes the student.

  3. The Accommodations Process
    See Accessibility Services webs page for accommodation processes and more information: https://www.carroll.edu/academic-services/accessibility-services 

 

 

Americans with Disabilities Act (ADA) Student Complaint Policy

The Board of Trustees of Carroll College support the right of students with disabilities to have access to appropriate avenues for complaint when they believe their rights according to the Americans with Disabilities Act of 1990 (ADA) as amended, or Section 504 of the Rehabilitation Act of 1973 as amended have been violated. The College has adopted this policy and the procedures below to address such alleged violations promptly and equitably.


Americans with Disabilities Act (ADA) Student Complaint 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 complaint as outline in this complaint process 


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 complaint process and any subsequent appeal.


The student’s right to pursue other remedies, such as filing an ADA Section 504 complaint with an appropriate state or federal agency or department, will not be impaired by the internal complaint procedures of the college. i.e., using this complaint 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.

 

A. Informal Complaint Procedures 


The informal complaint procedure is a verbal process a student may, but is not required to, engage in. In order to be timely and to ensure appropriate accommodations are in place as early as possible, it is recommended that an informal complaint is initiated as close to the time the alleged discrimination is detected by the student, and no later than thirty (30) calendar days after the end of the semester in which the alleged discrimination took place. 


  1. Students may discuss any complaint they have with the instructor or employee that is responsible for the program or class in which the student believes the alleged discrimination is occurring. Most misunderstandings and problems can be resolved in this manner. If the student wishes to file an informal complaint under these procedures, the complaint should be made to the Access Services Coordinator. The Access Services Coordinator has ten (10) working days from the date of notification to work to resolve the complaint. A written record of the complaint and resolution will be filed in the Access Services Office.

  2. Formal Complaint Procedure 


If the complainant has been unable to resolve the complaint or problem using the Informal Complaint Procedure, or decides to move straight to a formal complaint, the complainant may proceed with the steps below: 

 

  1. The Formal Complaint Procedure begins with a written (or alternate format) statement, which must be filed within thirty (30) calendar days after the failure to resolve the complaint informally. If the complainant elects not to use the Informal Complaint Procedure, the Formal Complaint Procedure should be initiated by the student as close to the time the alleged discrimination is detected by the student, and no later than thirty (30) calendar days after the end of the semester the discrimination took place. 


2) The written (or alternate format) statement from the complainant to the ADA Coordinator shall contain the following: 

a. A description of the alleged events and action(s) of all parties involved 

b. The date(s) of the alleged occurrence(s) 

c. Solutions which were proposed and why they were unacceptable 

d. Detailed description of the remedy sought 

e. The complaint should be addressed to: 


Carroll College ADA Coordinator 

Office of the Dean of Students 

1601 N. Benton Avenue, Helena, MT  59625

 

  1. In reviewing the complaint, the ADA Coordinator shall request written (or alternate format) statements from the respondent or anyone else directly involved. These individuals have five (5) working days after the date the request is received from the administrator to submit any statements they wish to be considered. The ADA Coordinator has the right to request and collect additional relevant information as needed. A decision of the findings will be sent to the complainant in an accessible format and respondent within ten (10) working days of the receipt of submitted and requested information. 


  1. The ADA Coordinator will maintain files and records of the complaint.

 

  1. The decision of the ADA Coordinator is final as pertains to this complaint process 


C. Waivers

 

Any step of this complaint 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 complaint file.


Confidentiality


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


External Agencies


Complaints 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


Office for Civil Rights, Seattle Office 

U.S. Department of Education 

915 Second Ave., Room 3310 

Seattle, WA 98174-1099 

Telephone: (206)607-1600 

Fax: (206)607-1601 

TDD: (206)607-1647 

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr


Proposed by Judy Hay, Interim Dean of Students, August 11, 2020