DSC HOME
Registering for Services
Policies & Procedures
Services & Accommodations
Forms 
Adaptive Technology
Newsletters & Publications
Other Links & Resources
Contact Us
|
UNIVERSITY OF CALIFORNIA
APPLYING TO CAMPUS ACTIVITIES,
ORGANIZATIONS, AND STUDENTS
Section 140.00: Guidelines Applying to
Nondiscrimination on the Basis of Disability
140.00 INTRODUCTION
In compliance with the Federal Rehabilitation
Act of 1973, as amended (Public Law 93-112) and
the Americans with Disabilities Act of 1990 (Public
Law 101-336), University of California policy
prohibits unlawful discrimination on the basis
of disability in its programs, services, and activities.
The following Guidelines are designed to be consistent
with the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990. However, it is
possible that these statutes may be amended in
the future and, in such instances, the most current
applicable laws shall represent University policy
as it applies to nondiscrimination on the basis
of disability.
141.00 DEFINITIONS
141.10 Individual with a Disability
141.11
An "individual with a disability" means
any person who has a physical or mental impairment
which substantially limits one or more major life
activities, who has a record of such an impairment,
or who is regarded as having such an impairment.
141.12
"Physical or mental impairment" means
any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one
or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory
(including speech organs); cardiovascular; reproductive;
digestive; genitourinary; hemic and lymphatic;
skin; and endocrine.
"Physical or mental impairment" also
means any mental or psychological disorder, such
as mental retardation or developmental disabilities,
organic brain syndrome or acquired brain injury,
emotional or mental illness, and specific learning
disabilities.
Physical and mental impairment also includes,
but is not limited to, contagious and noncontagious
diseases and conditions such as orthopedic, visual,
speech, and hearing impairments; cerebral palsy;
epilepsy; muscular dystrophy; multiple sclerosis;
cancer; heart disease; diabetes; mental retardation;
emotional illness; HIV disease (whether symptomatic
or asymptomatic) and tuberculosis.
141.13
"Major life activities" means functions
such as caring for oneself, performing manual
tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
141.14
"Has a record of such impairment" means
has a history of, or has been incorrectly classified
as having, a mental or physical impairment that
substantially limits one or more major life activities.
141.15
"Is regarded as having an impairment"
means has a physical or mental impairment that
does not substantially limit major life activities,
but is treated by the University as limiting such
activities; has a physical or mental impairment
that substantially limits major life activities
as a result of the attitudes of others toward
such an impairment; or has none of the impairments
listed in Section 141.12, but is treated as having
such an impairment, such as persons with a limp
or persons with disfiguring scars.
141.16
An "individual with a disability" does
not include a person who is currently engaging
in the illegal use of drugs. However, an individual
who is currently participating in, or who has
successfully completed, a supervised drug rehabilitation
program and is not currently engaging in the illegal
use of drugs, or who is otherwise no longer engaging
in such use, shall be considered an individual
with a disability if the individual otherwise
fits the definition of a disabled person as described
in Sections 141.00 through 141.15 of these Guidelines.
141.17
Individuals with drug or alcohol addictions who
are not currently engaging in the illegal use
of drugs, or who are no longer engaging in drug
or alcohol abuse as described in Section 141.16
above, should not be prohibited from attending
the University if they can successfully participate
in the education program of the University, if
they comply with University policies and campus/laboratory
regulations, and if their behavior does not impede
the performance of other students.
141.20 Qualified Individual with a Disability
141.21
With respect to students who are employed by the
University, a qualified individual with a disability
is one who, with or without reasonable accommodation,
can perform the essential functions of the position
in question and who meets the definition of an
individual with a disability, as specified in
Sections 141.00 through 141.16 of these Guidelines.
141.22
With respect to postsecondary education, an otherwise
qualified individual with a disability is one
who meets the academic and technical standards
requisite for admission or participation in the
education programs of the University and who meets
the definition of an individual with a disability,
as specified in Sections 141.00 through 141.16
of these Guidelines.
The term "technical standards" refers
to nonacademic admissions criteria that are applicable
to such programs.
141.23
With respect to other services, a qualified individual
with a disability is one who meets the eligibility
requirements for the receipt of such services
and who meets the definition of an individual
with a disability, as specified in Sections 141.00
through 141.16 of these Guidelines.
141.30 Facility
"Facility" means all or any portion
of buildings, structures, sites, complexes, equipment,
rolling stock and other conveyances (e.g., buses,
shuttles, vans), roads, walks, parking lots, or
other real or personal property, including the
site where the building, property, structure,
or equipment is located.
142.00 DISCRIMINATION PROHIBITED
142.10
In providing any aid, benefit, or service, the
University may not, directly or through contractual,
licensing, or other arrangements, discriminate
on the basis of disability to:
a.Deny a qualified individual with a disability
the opportunity to participate in, or benefit
from, any aid, benefit, or service which it provides;
b.Provide any qualified individual with a disability
an opportunity to participate in, or benefit from,
any aid, benefits, or services that are not equal
to those afforded to individuals who do not have
disabilities;
c.Provide a qualified individual with a disability
with any aid, benefits, or services that are not
as effective as those provided to individuals
who do not have disabilities. To be "equally
effective," an aid, benefit, or service need
not produce an identical result or level of achievement
for individuals with disabilities and individuals
without disabilities. However, the University
must afford individuals with disabilities an equal
opportunity to obtain the same result or level
of achievement in the most integrated setting
appropriate to the individual's needs and to encourage,
as appropriate, interaction among all users, including
individuals with disabilities;
d.Provide any different or separate aid, benefits,
or services to individuals with disabilities or
to any class of individuals with disabilities
unless such action is necessary to provide qualified
individuals with disabilities with aid, benefits,
or services that are as effective as those provided
to individuals who are not disabled;
e.Aid or perpetuate discrimination against a qualified
individual with a disability by providing any
significant assistance to any agency, organization,
or person that discriminates on the basis of disability
against beneficiaries of the University's programs;
f.Deny a qualified individual with a disability
the opportunity to participate as a member of
planning or advisory boards; or
g.Otherwise limit a qualified individual with
a disability in the enjoyment of any University
right, privilege, advantage or opportunity enjoyed
by individuals who are not disabled.
142.20
In determining the site or location of a facility,
the University may not make selections that have
the following effect:
a.Excluding qualified individuals with disabilities
from, denying them the benefits of, or otherwise
subjecting them to discrimination under any program,
service, or activity it operates; or
b.Defeating or substantially impairing the accomplishment
of the objectives of the University's programs,
services, or activities with respect to qualified
individuals with disabilities.
142.30
The exclusion of individuals who do not have disabilities
from the benefits of a program limited by statute
or executive order to individuals with disabilities,
or the exclusion of a specific class of individuals
with disabilities from a program limited by statute
or executive order to a different class of individuals
with disabilities, is not prohibited.
143.00 EDUCATIONAL PROGRAMS, SERVICES, AND ACTIVITIES
143.10 Admissions, Enrollment, and Recruitment
143.11
Qualified individuals with disabilities may not,
on the basis of disability, be denied admission
to the University or enrollment in University
classes or participation in University programs,
services, or activities, or be subjected to discrimination
in the admissions process or in recruitment procedures.
143.12 Admissions or Enrollment
a.Limitations may not be applied upon the number
or proportion of individuals with disabilities
who may be admitted or enrolled.
b.Tests or criteria for admission may not have
a disproportionate, adverse effect on individuals
with disabilities or any class of such individuals
unless:
1. The tests or criteria have been validated
as predictors of success in the education programs,
services, or activities in question; and
2. Alternate tests or criteria that have a less
disproportionate, adverse effect, and which are
acceptable to the University, are not shown to
be available by the appropriate Federal agency.
c.Before admission tests are selected and administered,
campuses should be assured that:
1. Admissions tests are selected and administered
to ensure that when a test is administered to
an applicant who has a disability that impairs
sensory, manual, or speaking skills, the test
results accurately reflect the applicant's aptitude
or achievement level, or whatever other factor
the test purports to measure, rather than reflecting
the applicant's impaired sensory, manual, or speaking
skills, except when those skills are the factors
that the test purports to measure;
2. Admissions tests that are designed for persons
with disabilities are offered as often and in
as timely a manner as are other admissions tests;
and
3. Admissions tests are administered in facilities
that, on the whole, are accessible to individuals
with disabilities. In this context, "on the
whole" does not mean that all facilities
must be accessible, only that a sufficient number
must be available to individuals with disabilities.
d.Pre-admission inquiries as to whether applicants
for admission are individuals with disabilities
may not be made, except for the purpose of recruitment,
as discussed in Section 143.13 of these Guidelines.
Post-admission inquiries may be made on a confidential
basis regarding disabilities that may require
accommodation.
143.13 Recruitment
When voluntary action is taken to overcome the
effects of conditions that resulted in limited
participation in certain programs, services, or
activities, pursuant to Section 147.00 of these
Guidelines, campuses may invite applicants for
admission or enrollment to indicate whether and
to what extent they are disabled, provided that:
a. It is clearly communicated that the information
requested is for use solely in connection with
voluntary action efforts; and
b. It is clearly communicated that the information
is being requested on a voluntary basis, that
it will be kept confidential, that refusal to
provide it will not subject the applicant to any
adverse treatment, and that it will be used only
in accordance with the implementing regulations
of applicable laws and executive orders.
143.20 Treatment of Students and Participants
in University Programs, Services, or Activities
143.21
Qualified students with disabilities or participants
with disabilities in University programs, services,
or activities may not, on the basis of disability,
be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination
under any academic, research, occupational training,
housing, health insurance, counseling, financial
aid, physical education, athletics, recreation,
transportation, other extracurricular activity,
or other educational program, service, or activity
offered by the University.
Health services and insurance plans should be
provided to qualified students with disabilities
on the same basis as for students without disabilities
generally. However, student health centers need
not provide specialized services and aids; for
example, if a center treats only simple disorders,
such as cuts, bruises, and colds, its obligation
to students with disabilities is to treat only
those same disorders.
143.22
Campuses that consider participation by students
in education programs, services, or activities
not wholly operated by them as part of, or equivalent
to, an education program, service, or activity
they operate, should assure themselves that the
other education program, service, or activity,
as a whole, provides an equal opportunity for
the participation of qualified individuals with
disabilities. For example, in connection with
student teaching assignments, campuses may work
with elementary or secondary school systems only
if their student teaching programs, when viewed
in their entirety, offer student teachers with
disabilities the same range and quality of choice
in assignments offered to student teachers without
disabilities.
143.23
All programs, services, and activities should
be conducted in the most integrated setting appropriate
to a disabled individual's needs and to encourage,
as appropriate, interaction among all users, including
individuals with disabilities. For example, if
a campus offers several elementary physics classes,
and one such class is moved to the first floor
of the science building to accommodate students
who use wheelchairs, it would be a violation of
this requirement to also concentrate students
with disabilities but who are not mobility impaired
in this class.
143.30 Academic Adjustments
143.31 Modification of Academic Requirements
Academic requirements should be modified, as
necessary and appropriate, to ensure that they
do not discriminate or have the effect of discriminating,
on the basis of disability, against qualified
applicants or students with disabilities. As appropriate,
modifications may include changes in the length
of time permitted for the completion of degree
requirements, substitution or waiver of specific
courses required for the completion of the requirements,
and adaptation of the manner in which specific
courses are conducted. For example, a campus may
permit an otherwise qualified student who is deaf
to substitute a music history class for a required
class in music appreciation, or the campus could
modify the manner in which the music appreciation
course is conducted for the student who is deaf.
Academic requirements that are determined by
the Academic Senate to be essential to programs
of instruction or for any directly related licensing
requirement are not regarded as discriminatory.
143.32 Course Examinations
In course examinations or other procedures for
evaluating students' academic achievement, methods
should be provided, as appropriate, for evaluating
the achievement of students who have a disability
that impairs sensory, manual, or speaking skills
as will best ensure that the results of the evaluation
represent students' achievement in the course,
rather than reflecting students' impaired sensory,
manual, or speaking skills, except when such skills
are among the factors the test purports to measure.
143.33 Auxiliary Support Services and Devices
a. Steps should be taken, as appropriate, to
ensure that no qualified student or participant
with a disability in a University program, service,
or activity is denied the benefits of, is excluded
from participation in, or is otherwise subjected
to discrimination because of the absence of educational
auxiliary support services and devices.
In meeting this requirement, campuses may assist
qualified students or participants with disabilities
in University programs, services, or activities
in contacting existing resources, such as State
vocational rehabilitation agencies and private
charitable organizations, to obtain auxiliary
support services and devices. Also, other students
may be asked to work with students with disabilities,
or private agencies that tape texts for individuals
with disabilities free of charge may be contacted
in order to reduce the number of readers needed
for students with visual impairments and students
with learning disabilities. Typically, it is still
the University's obligation to provide appropriate
educational auxiliary support services and devices
should public and private agencies be unable to
provide such services or devices. As appropriate,
the provision of auxiliary support services and
devices to students with disabilities may be provided
by the University during the period in which outside
help is solicited or in lieu of such outside help.
As long as no qualified person with a disability
is excluded from a program because of the lack
of appropriate auxiliary support services or devices,
such support services and devices need not be
on hand at all times.
b. Educational auxiliary support services and
devices include, but are not limited to, taped
texts, interpreters, notetakers, or other effective
methods of making orally delivered materials available
to, for example, students with hearing impairments
or learning disabilities; readers for students
with visual impairments; classroom equipment adapted
for use by students with manual impairments; or
other aids for students with disabilities.
Attendants, individually prescribed devices,
readers for personal use, or other devices or
services of a personal nature need not be provided.
Any prohibition against the use of tape recorders
or braillers in classrooms, or dog guides and
service dogs in campus buildings, or other rules
that have the effect of limiting the participation
of qualified students with disabilities in educational
programs, services, or activities, may not be
adopted.
Students or participants with disabilities in
University programs, services, or activities may
be required to sign an agreement that they will
not release tape recordings or transcriptions
of lectures, or otherwise hinder the ability of
a professor to obtain a copyright.
143.34 Responsibility for Academic Adjustments
Section 10.00 of these Policies specifies that
each member of the University community shares
the responsibility of maintaining conditions conducive
to the achievement of the University's mission
of research, teaching, and public service. Thus,
in attempting to provide any type of academic
adjustment, faculty, disability-management staff,
and students with disabilities should work in
concert to formulate accommodations that meet
the individual educational needs of qualified
students with disabilities while maintaining the
academic integrity of the program, service, or
activity to be modified.
Moreover, it is essential that during this consultative
process students be given an opportunity to express
their preferred choice for disability accommodations
and that this choice be given careful consideration,
unless an equally effective accommodation can
be provided, or that the use of the student's
choice would result in a fundamental alteration
of the academic program, service, or activity,
or would result in an undue financial and administrative
burden.
143.35 Student-Specific Obligations in the Provision
of Academic Adjustments
In providing any type of academic adjustment,
including, but not limited to, modification of
academic requirements, courseexaminations, or
support services and devices, the University may
require that: 1) students with disabilities provide
reasonable advance notice of requests for, changes
to, or cancellation of, academic adjustments;
2) students with disabilities provide sufficient
and timely verification of their disability and
documentation of their disability-related academic
adjustment needs; and 3) students with disabilities
comply with campus rules regulating requests for,
and the proper use of, auxiliary support services
or devices.
143.36 Campus Disability Accommodation and Mediation
Procedures
Campuses are encouraged to develop written procedures
for: 1) the provision of academic accommodations
to students with disabilities; and 2) resolving
disagreements regarding the provision of academic
adjustments to students with disabilities.
143.40 Housing
143.41 On-Campus Housing
The University provides on-campus housing for
non-disabled students and shall provide comparable,
convenient, andaccessible on-campus housing at
the same cost to students with disabilities. Housing
for students with disabilities should be made
available in sufficient quantity and variety so
the scope of their choice of living accommodations
will, when viewed in its entirety, be comparable
to that of students who are not disabled.
143.42 Off-Campus Housing
With regard to housing that is not provided by
the University, but is listed by the campus, each
campus shall assure itself that such housing,
when viewed in its entirety, is made available
in a manner that does not result in discrimination
on the basis of disability. If a campus determines
that off-campus housing, when viewed in its entirety,
is not available to students with disabilities,
efforts should be made to generate new sources
of housing.
143.50 Financial Aid
143.51
In providing financial assistance to qualified
students with disabilities, the University may
not, on the basis of disability, provide less
assistance to those students than is provided
to non-disabled students, may not limit their
eligibility for assistance, or may not otherwise
discriminate against them. The University also
may not assist any entity or person that provides
financial assistance to any student in a manner
that discriminates against qualified students
with disabilities on the basis of disability.
143.52
The University may administer or assist in the
administration of scholarships, fellowships, or
other forms of financial assistance established
under wills, trusts, bequests, or similar legal
instruments that require awards to be made on
the basis of factors thatdiscriminate or have
the effect of discriminating on the basis of disability,
only if the overall effect of the award of scholarships,
fellowships, and other forms of financial assistance
is not discriminatory on the basis of disability.
143.53
Athletic scholarships may be denied to students
with disabilities on the basis of disability,
if the disability renders the person unable to
qualify physically for the award. For example,
a student who has lost the use of his legs may
be denied a varsity football scholarship on the
basis of the student's inability to play football.
However, a student who has a hearing-impairment
could not, on the basis of disability, be denied
a scholarship for the diving team; the student
with a hearing-impairment could only be denied
the scholarship on the basis of comparative diving
ability.
143.60 Student Employment
Each campus, each Laboratory, the Office of the
President, and the Division of Agriculture and
Natural Resources may not employ University students
in a manner that would violate Section 144.00
of these Guidelines.
When assisting outside agencies, organizations,
or persons in providing employment opportunities
for University students,campuses should assure
themselves that such opportunities, as a whole,
are available in a manner that would not violate
Section 144.00 of these Guidelines.
143.70 Physical Education, Athletics, and Similar
Activities
In providing physical education courses and athletics,
and similar programs, services, and activities,
campuses may not discriminate on the basis of
disability. Qualified students or participants
with disabilities in University programs, services,
or activities should be provided with an equal
opportunity to participate in physical education
courses, intercollegiate, club, and intramural
athletics or similar activities whether as part
of the required curriculum or as an extracurricular
activity. For example, a student who uses a wheelchair
should not be denied the opportunity to enroll
in a regular archery course, nor should a student
who has a speech impairment be excluded from participating
in a wrestling course.
Students with disabilities who cannot participate
in regularly offered physical education courses
or who cannot compete inathletic programs may
be offered separate physical education and athletic
activities designed to accommodate students with
disabilities. However, students with disabilities
must be offered the opportunity to participate
in regular physical education or athletic activities,
in the most integrated setting possible, even
if separate physical education or athletic programs
for students with disabilities are offered.
143.80 Counseling and Placement Services
Personal, academic, or career counseling, guidance,
and placement services should be provided without
discrimination on the basis of disability.
Campuses should ensure that qualified students
with disabilities are not counseled toward more
restrictive career objectivesthan are non-disabled
students with similar interests and abilities.
This does not preclude providing factual information
about licensing and certification requirements
that may present obstacles to individuals with
disabilities in their pursuit of particular careers.
143.90 Social Organizations
Before providing any significant assistance,
such as financial support, use of University facilities,
or official Universityrecognition or affiliation,
including, but not limited to, fraternities, sororities,
or similar organizations, campuses shall assure
themselves that these organizations do not permit
discrimination that is otherwise prohibited by
these Guidelines.
144.00 EMPLOYMENT PRACTICES
The University may not discriminate against any
qualified individual with a disability, on the
basis of disability, in employment under any program,
service, or activity, including any program, service,
or activity that employs students with disabilities.
Information concerning the University's employment
policies as they apply to individuals with disabilities
may be obtained from campus personnel offices
or ADA/Section 504 Compliance Officers.
145.00 PROGRAM ACCESSIBILITY
No qualified individual with a disability shall
be denied, on the basis of that disability, the
benefits of, be excluded from participation in,
or otherwise be subjected to discrimination under
any of the University's programs, services, or
activities because University facilities are inaccessible
to, or unusable by, individuals with disabilities.
The University must make its programs, services,
and activities accessible to and usable by any
qualified individual with a disability, unless
doing so would result in a fundamental alteration
to the nature of its programs, services, and activities,
or would result in undue financial and administrative
burdens.
145.10 Existing Facilities
Each program, service, or activity shall be operated
so that, when viewed in its entirety, it is readily
accessible to and usable by individuals with disabilities,
except where to do so would result in a fundamental
alteration in the nature of the program, service,
or activity or in undue financial and administrative
burdens. This requirement does not mean that each
facility, or every part of each facility must
be accessible to and usable by individuals with
disabilities. Accessibility may be achieved through
other
means such as:
a. Redesign of equipment;
b. Reassignment of classes or other services to
accessible buildings;
c. Assignment of aides to beneficiaries;
d. Home visits;
e. Delivery of health, welfare, or other social
services at alternate accessible sites;
f. Use of accessible rolling stock or other conveyances
(e.g., buses, shuttles, vans); or
g. Alteration of existing facilities, including
changes, additions, or modifications in construction
or occupancy. Alterations of existing facilities
will be implemented only when administrative solutions
are either not feasible or not preferable and
when there is no other way to make a program accessible.
Neither a totally barrier-free environment, nor
the removal of all architectural barriers in existing
facilities is required. Regarding the methods
selected, priority should be given to those that
offer programs, services, and activities to individuals
with disabilities in the most integrated setting
appropriate to the individual's needs and to encourage,
as appropriate, interaction among all users, including
individuals with disabilities.
If sufficient relocation of classes is not possible
using existing facilities, alterations to ensure
program accessibility should be made. Students
with disabilities may not be excluded from a specifically
requested course offering because it is not offered
in an accessible location, but every section of
that course need not be made accessible.
Buildings leased by the University are not necessarily
required to meet accessibility standards because
they are not owned by the University. However,
such buildings are subject to the program accessibility
requirements stated above. If a leased building
is altered, such alterations shall be constructed
in compliance with applicable Federal and State
accessibility standards.
145.20 New Construction
145.21 New Facilities
All new facilities constructed by, on behalf
of, or for the use of the University shall be
designed and constructed so that the facilities
are readily accessible to and usable by individuals
with disabilities. New construction shall be planned
and constructed according to all applicable Federal
accessibility regulations and State building codes.
145.22 Altered or Remodeled Facilities
Each facility or part of a facility constructed
or altered by, on behalf of, or for the use of
the University shall be designed, constructed,
or altered to be readily accessible to, and usable
by, individuals with disabilities. Altered or
remodeled facilities shall be planned and constructed
according to all applicable Federal accessibility
regulations and State building codes.
145.30 Transportation
Campus/laboratory transportation systems and
services shall comply with applicable Federal
and State accessibility laws.
146.00 HEALTH, WELFARE, AND OTHER SOCIAL SERVICES
AND BENEFITS
Health care providers have the responsibility
and authority to determine the nature and extent
of medically necessary care and treatment for
their patients. Subject to the foregoing, in providing
health, welfare, or other social services or benefits,
the University's hospitals, medical clinics, or
other health-related programs may not, on the
basis of disability:
a. Deny a qualified individual with a disability
such benefits or services;
b. Afford a qualified individual with a disability
an opportunity to receive benefits or services
that are not equal to those offered to individuals
who do not have a disability;
c. Provide a qualified individual with a disability
with benefits or services that are not as effective
as those provided to others (see Section 142.00
of these Guidelines);
d. Provide benefits or services that limit or
have the effect of limiting participation of qualified
individuals with disabilities; or
e. Provide different or separate benefits and
services to individuals with disabilities, except
when necessary to provide qualified individuals
with disabilities with benefits and services as
effective as those provided to others.
This Section does not require specialized hospitals
and other health care providers to treat all individuals
with disabilities. For example, a burn treatment
center need not provide other types of medical
treatment to individuals with disabilities unless
it provides such medical services to individuals
who do not have a disability. It could not, however,
refuse to treat the burns of a person who is deaf
because of his or her deafness.
Special programs, services, or activities for
individuals with disabilities or classes of individuals
with disabilities are permitted.
146.10 Notice
Any notice concerning benefits or services or
written material concerning waivers of rights
or consent to treatment shall ensure that qualified
individuals with disabilities, including those
with impaired sensory or speaking skills, are
not denied effective notice because of their disability.
146.20 Emergency Treatment for Hearing-Impaired
Persons
A procedure shall be established for effective
communication with persons who are deaf or hard
of hearing for the purpose of providing emergency
health care. For example, a hospital may fulfill
this responsibility by providing either full-time
interpreters or interpreters on call, both within
and outside the institution, and paper and pencils
for written communications.
146.30 Auxiliary Support Services and Devices
Appropriate auxiliary support services and devices
shall be provided to individuals with disabilities,
when necessary, to afford them an equal opportunity
to benefit from services offered by University
hospitals, medical clinics, or health-related
programs. Auxiliary support services and devices
may include, for example, Brailled and taped material,
and interpreters. In providing any type of auxiliary
support services and devices, the University may
require that individuals comply with campus rules
regulating requests for and proper use of auxiliary
support services and devices.
146.40 Drug and Alcohol Addiction
University hospitals, medical clinics, or health-related
programs may not discriminate in admission or
treatment against a person with a medical condition,
because of the person's drug or alcohol abuse
or alcoholism, although University health care
providers have the responsibility and authority
to determine the nature and extent of medically
necessary care and treatment for their patients.
This does not require that all facilities must
treat drug addiction and alcoholism. For example,
a cancer clinic may not refuse to treat a cancer
patient because he or she is also an alcoholic.
If the patient's primary problem is drug addiction
or alcoholism, the clinic may refer him or her
to a more appropriate facility.
146.50 Education of Persons Admitted to University
Medical Facilities
Campuses should ensure that qualified individuals
with disabilities, present in University medical
facilities as a result of their disability and
who qualify for public preschool, elementary,
secondary, or adult educational services, are
provided with access to these educational services
for the period of their stay. For example, a campus
hospital that admits an individual with a disability
who qualifies for a free public elementary school
education should ensure that appropriate elementary
school officials are notified of the individual's
presence and should provide access to these school
officials, as medically appropriate, so that they
may provide an "appropriate education"
as defined in Subpart D of the Federal regulations
implementing Section 504 of the Rehabilitation
Act of 1973 (34 CFR Part 104).
147.00 VOLUNTARY ACTION
Each campus, each Laboratory, the Office of the
President, and the Division of Agriculture and
Natural Resources may take voluntary steps to
overcome the effects of conditions that resulted
in limited participation by qualified individuals
with disabilities in its programs, services, or
activities.
148.00 NOTIFICATION AND PUBLICATION REQUIREMENTS
148.10 Content of Publication
The implementing regulations of the Rehabilitation
Act of 1973 require that students, beneficiaries,
and applicants be informedthat the University
does not discriminate on the basis of disability.
In addition, the Americans with Disabilities Act
requires that applicants, participants, beneficiaries,
and other interested persons be informed that
the University does not discriminate against qualified
individuals with disabilities on the basis of
disability. It is the purpose of these Guidelines
to apprise all such persons
of those provisions.
148.20 Designation of Compliance Officer
Each campus, each Laboratory, the Office of the
President, and the Division of Agriculture and
Natural Resources shall designate at least one
employee to coordinate compliance with the applicable
sections of the Rehabilitation Act of 1973 and
the Americans with Disabilities Act, including
investigation of grievances and handling of inquiries.
148.30 Compliance Statement
The compliance statement should read:
As required by applicable laws and regulations,
the University of California does not discriminate
on the basis of disability in admission or access
to, or treatment in, the programs, services, and
activities which it operates. Compliance statements
should include the Nondiscrimination Policy Statement
for University of California Publications Regarding
Student-RelatedMatters found in Appendix C, which
includes non-discrimination on the basis of disability.
Inquiries concerning these laws and regulations
should be directed to (name, title, and telephone
number of responsible University official).
The individual named in the compliance statement
should be the person designated by each campus,
each Laboratory, the Office of the President or
the Division of Agriculture and Natural Resources
to coordinate compliance with applicable sections
of the Rehabilitation Act of 1973 and with the
Americans with Disabilities Act (see Section 148.20).
148.40 Frequency of Publication
The compliance statement should be included on
a continuing basis in recruitment materials and
publications containing general information that
are made available to students, beneficiaries,
applicants, or program participants.
148.50 Medium of Publication
Methods used for notification may include the
posting of notices, publication in newspapers
and magazines, placement of notices in official
campus/laboratory publications, and distribution
of memoranda or other written communications.
Such notices should be available in accessible
formats, which may include Braille or taped formats.
149.00 GRIEVANCE PROCEDURES
Each campus has established grievance procedures
for students to deal with complaints and allegations
of noncompliance withthese Guidelines. Information
concerning the University's grievance procedures
as they apply to individuals with disabilitiesmay
be obtained from campus ADA/Section 504 Compliance
Officers.
|