University of Maryland Policy on Access for Individuals with Disabilities

The University of Maryland is committed to the principle that no Qualified Individual with a Disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University, or be subjected to discrimination. As part of this commitment, the University aims to provide reasonable Accommodations to Qualified individuals as set forth in this Policy.

The University of Maryland Policy on Access for Individuals with Disabilities ("this Policy") strictly prohibits discrimination against individuals on the grounds of disability and retaliation against individuals arising in connection with the assertion of rights afforded to them under this Policy. This Policy applies to all members of the campus community, including students, employees, and visitors.

1. "Accommodation" means an adjustment or modification in the environment that enables an individual to enjoy equal access to the University's programs, services or activities.
   1. A reasonable Accommodation in the student setting is a modification or adjustment to a course, program, or activity or facility that allows the student with a disability to participate as fully as possible in the programs and activities offered by the University. Accommodation may be necessary where the student has, or has a record of having, a disability. An Accommodation is not considered reasonable if it would result in a Fundamental Alteration of a University program or impose an Undue Burden on the University.
   2. A reasonable Accommodation in the work environment is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the Essential Functions of that job and enjoy equal employment opportunities. Accommodations are not considered reasonable if they impose an Undue Hardship on the University or would cause a Direct Threat to Health or Safety.
2. "Auxiliary Aids and Services" may include:
   1. For individuals with communication-related disabilities: Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing.
   2. For individuals with vision-related disabilities: Qualified readers; recorded texts; audio recordings; Braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; acquisition or modification of equipment or devices; and other similar services and actions.
3. "Direct Threat to Health or Safety" means a significant risk of substantial harm to health or safety that cannot be eliminated by reasonable Accommodations, modification of policies, practices, or procedures, or by the provision of Auxiliary Aids or Services. In determining whether an individual poses a Direct Threat to Health or Safety, the University must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or the best available independent and objective evidence, to ascertain:
   1. The nature, duration, and severity of the risk;
   2. The probability that the potential injury actually will occur; and
   3. Whether reasonable Accommodations and/or modification of policies, practices, or procedures will mitigate the risk.
4. "Essential Element or Function"
   1. In the academic context, an Accommodation is not reasonable if it means making a substantial change in an Essential Element of a course or a given student's curriculum. It is the institution's responsibility to demonstrate both that the change requested is substantial and that the element targeted for change is essential to the conduct of the course or curriculum.
   2. Essential Functions in the workplace are job duties that are fundamental to the position; they are the reason the job exists. In order to be qualified for a position, an applicant or employee must be able to perform essential job functions, with or without Accommodations. In determining whether Accommodations are reasonable and/or will allow the employee to perform the Essential Functions of the position, it may be necessary to disclose disability information in accordance with Confidentiality described in Section IV.B and Section IV.C below.
5. "Fundamental Alteration" 
   Under the Americans with Disabilities Amendments Act of 2008, "A public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification." A "Fundamental Alteration" is a change that is so significant it alters the essential nature of a course or a program of instruction (e.g., a major change in the nature of the program, lowering an academic or performance standard, removing or waiving acquisition of a skill that is essential, removing or waiving acquisition of a skill that is directly related to the health and safety of others, removing or waiving requirements that are directly related to qualifying for that license).
6. "Impairment - Physical or Mental" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine. This includes any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. An Impairment that is episodic or in remission is a disability if it would Substantially Limit a Major Life Activity when active.
   
   Temporary Impairments that take significantly longer (more than 6 months) to heal, long-term Impairments, or potentially long-term Impairments of indefinite duration may be disabilities if they are severe.
   
   Specific learning disability is a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimum brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage (34 CFR 300.8).
7. "Individual with a Disability" is defined by the ADA as a person who has a physical or mental Impairment that Substantially Limits one or more Major Life Activities, a person who has a history or record of such an Impairment, or a person who is perceived by others as having such Impairment.
8. "Major Life Activities" include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A Major Life Activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
9. "Qualified" means one who meets the academic, technical, and/or job standards requisite to admission, employment or participation in any University program, service or activity with or without Accommodations.
10. "Substantially Limits" means a material restriction of the duration, manner or condition under which an individual can perform a Major Life Activity when compared to the average person's ability to perform that same Major Life Activity. The determination of whether Impairment Substantially Limits a Major Life Activity shall be made without regard to effects of mitigating measures such as medication, medical supplies, hearing aids, use of assistive technology, reasonable Accommodations or Auxiliary Aides or Services or learned behavioral or adaptive neurological modifications.
11. "Undue Burden / Hardship" means the University need not provide reasonable Accommodations and/or make modifications or provide Auxiliary Aids or Services if it constitutes an Undue Burden/Hardship. In determining whether or not an Undue Burden/Hardship exists, the factors to be considered include, but are not limited to, the nature, duration, and significant cost of the action needed. 

This Policy applies to:

1. All educational delivery and practices. This includes but is not limited to recruitment, application, examination and testing, and educational status, and applies to students, including those engaged in distance learning through the University.
2. All employment practices and actions through the entire employment life cycle. This includes, but is not limited to, contingent employees, recruitment, application, hiring, training, disciplinary actions, advancement, transfer, reassignment, and employment status.
3. All health care services and the facilities where such services are provided.
4. All programs over which the University exercises substantial control, which may occur outside of the classroom, campus, or office environment but are a vital part of the University experience (e.g., education abroad, sponsored events, extension programs).
5. All public access to University programs and other offerings. This includes, but is not limited to, athletic events, parking, conferences, and any other event or service open to the public.
6. All facilities and property owned, operated by, or rented by the University.
7. Digital information and services. Please refer to the University of Maryland Web Accessibility Policy, University of Maryland IT Accessibility Addendum, Accessible Media Content Guidelines, and the Video Captioning Standard.

The University’s ADA Coordinator listed below is responsible for campus-wide compliance with the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), and other applicable federal and state laws and regulations.

ADA/504 Coordinator 
Office of Diversity and Inclusion 
0112 Lee Building 
7809 Regents Drive
College Park MD 20742 
tel:301 405-2841 | fax:301 314-9992
adacoordinator@umd.edu
accessibility.umd.edu

1. The University recognizes that disability records contain confidential information and are to be treated as such pursuant to State and Federal law. For faculty and staff, all supporting disability documentation will be kept confidential and separate from personnel records, with the exception that the Accommodation Plan would remain with personnel records. For students, all supporting disability documentation and information will be kept confidential and separate from education records, with the exception of an Accommodation Letter that students personally share directly with third parties (i.e., faculty member, academic adviser, etc.). Information related to a disability may be disclosed if necessary (as indicated below in Section IV.B and Section IV.C, as well as when permitted by the University's Privacy Policy, and Federal and State law.
2. An individual’s right to privacy must be balanced against the University's need to know the information in order to assess and provide requested and recommended services and Accommodations. Therefore, in the interest of serving the needs of the individual, the assessment of Accommodations and provision of services may involve designated staff disclosing disability information provided by the individual to appropriate University personnel necessary to the Accommodation process.
3. Information may be disclosed to appropriate parties in a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals. This is limited to a specific situation that presents imminent danger to members of the school or community. Any release must be narrowly tailored considering the immediacy, magnitude, and specificity of information concerning the emergency. The amount of information that may be released is determined on a case-by-case basis.

1. It is the responsibility of all Individuals with a Disability to identify themselves as an Individual with a Disability when requesting an Accommodation or modification to a program, service, or job. It is also the responsibility of the Individual with the Disability to provide supporting documentation of their disability from a relevant credentialed professional that demonstrates how the disability affects their ability to perform the Essential Functions of their job or to participate in and benefit from educational programs, services, and/or activities of the University.
2. The University will work to ensure that persons with disabilities are provided with reasonable Accommodations. This is an expectation of our University’s shared values, consistent with an intellectual community that celebrates individual differences and diversity, and consistent with applicable state and federal laws.
3. Qualified students and employees with disabilities have the same obligation as all members of the community to meet and maintain the institution’s job performance, academic and technical standards, and codes of conduct.
4. The following offices have the authority to determine eligibility and facilitate Accommodations for individuals with disabilities:
   1. The Accessibility and Disability Service ("ADS") office establishes the processes and procedures, determines eligibility, facilitates the interactive process and provides appropriate disability Accommodations to UMD students. This includes Accommodations for graduate students who are performing assistantships as Graduate Assistants. ADS may coordinate with other offices in connection with the Accommodation process as necessary.
   2. The Office of Faculty Affairs ("OFA"), in collaboration with University Human Resources, establishes the processes and procedures, determines eligibility, and facilitates the interactive process for UMD faculty Accommodations.
   3. The Office of University Human Resources ("UHR") establishes the processes and procedures, determines eligibility, and facilitates the interactive process for UMD staff Accommodations.
   4. Visitors to campus can refer to the accessibility website.

1. The University reserves the right to deny services or Accommodations, if sufficient supporting documentation and information is not provided by the individual to support the need for an Accommodation.
2. If the documentation provided by the individual does not support the existence of a disability or the need for an Accommodation, the individual will be advised. Individuals will be given the opportunity to supplement the initial documentation with further information within a reasonable time frame. Written evaluations from physicians or other Qualified specialists are particularly helpful in evaluating Accommodation requests.
3. The University is not required to provide any aid or service or make any modification that would result in a Fundamental Alteration in the nature of the program. For example, where a course or job requirement is essential to the program, the University is not required to waive the requirement. In evaluating whether the requested program modifications would require substantial program alteration or would fundamentally alter standards or programs, the program administrator should consider the underlying reasons for the program components and how the challenged components are consistent with the program standards, and how the requested Accommodations would be inconsistent with the goals and standards of the program.
4. Additionally, an Accommodation that makes a substantial change in an Essential Element of a course or Essential Function of job requirements may not be reasonable and therefore not required. It is the institution's responsibility to determine whether the change requested is substantial and that the element targeted for change is essential to the conduct of the course, curriculum or job responsibilities.
5. The University also does not need to provide Accommodations and/or make modifications or provide Auxiliary Aids or Services if it constitutes an Undue Burden/Hardship on the University. In determining whether or not an Undue Burden exists, the factors to be considered are the nature, duration, and cost of the action needed.
6. Accommodations may not need to be made if making the Accommodation or allowing participation poses a Direct Threat to the Health or Safety of others; if making the Accommodation means a substantial change in an Essential Element, job function, or a substantial alteration in the manner in which services are provided; and/or if it poses an undue financial or administrative burden.

As set forth in the University of Maryland Non-Discrimination Policy and Procedures, VI-1.00(B), the University prohibits discrimination and retaliation for engaging in protected activity as defined in that policy. Individuals who believe they have not received appropriate Accommodations, have otherwise been discriminated against because of their disability, or have suffered retaliation related to a disability, have the following options to seek redress and/or file a complaint.

1. Informal Complaint Process (Students): For matters involving Accommodations, students must first follow the ADS Appeals Process before filing a formal complaint with the University. Every reasonable effort should be made to resolve such Accommodation issues at this level.
2. Informal Complaint Process (Faculty and Staff): For matters involving Accommodations, individuals should first attempt to resolve any concerns through the Accommodation process facilitated by UHR and/or OFA before filing a formal complaint with the University. UHR and/or OFA will meet with the employee as soon as possible and attempt to resolve the concern through informal resolution. Every reasonable effort should be made to resolve issues at these levels before filing a formal complaint.
3. Formal Complaint Process: Individuals who believe they have been denied reasonable Accommodations, otherwise discriminated against on the basis of disability, or retaliated against in connection with a disability, may file a complaint under the UMD Non-Discrimination Policy with the Office of Civil Rights and Sexual Misconduct (OCRSM) using the Discrimination Complaint Form.
   
   Office of Civil Rights & Sexual Misconduct (OCRSM)
   Phone: 301.405.1142
   Email: civilrights@umd.edu 
   Website: https://www.ocrsm.umd.edu/
4. Additional Complaint Options:
   Students have the right at any time to file a complaint with the Office of Civil Rights of the U.S. Department of Education. The Office of Civil Rights investigates timely complaints for which they have jurisdiction.
   
   Office for Civil Rights U.S. Department of Education 
   Atlanta Office (Regional Office for Maryland) 
   Office for Civil Rights
   U.S. Department of Education
   61 Forsyth Street S.W., Suite 19T10
   Atlanta, GA 30303-8927
   Telephone: 404-974-9406
   FAX: 404-974-9406
   TDD: 800-877-8339
   Email: OCR.Atlanta@ed.gov  
   Website: https://www.ed.gov/about/ed-offices/ocr 
   
   Employees have the right at any time to file a complaint with the Equal Employment Opportunity Commission or the Maryland Commission on Civil Rights.
   
   Equal Employment Opportunity Commission (EEOC) 
   Phone: 800-669-4000
   Website: https://www.eeoc.gov/  
   
   Maryland Commission on Civil Rights
   Phone: 410-767-8600
   Website: http://mccr.maryland.gov/ 
   
   Students and Employees can also file an Americans with Disabilities Act complaint through the US Department of Justice, alleging disability discrimination.
   
   U.S. Department of Justice 
   Civil Rights Division
   950 Pennsylvania Avenue NW 
   Washington, DC 20530
   Website: https://www.ada.gov/