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Agenda

ON-CAMPUS LIVING AND DINING The ADA: Beyond the ABC’s of Academics Part B Irene Bowen Jane Jarrow Jim Bostrom AHEAD, July 2013.

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Agenda

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  1. ON-CAMPUS LIVING AND DININGThe ADA: Beyond the ABC’sof AcademicsPart BIrene BowenJane JarrowJim BostromAHEAD, July 2013

  2. The content provided in this presentation is for informational purposes only.  Neither the content nor delivery of the content is or shall be deemed to be legal advice or a legal opinion.  The audience cannot rely on the content delivered as applicable to any circumstance or fact pattern. The information provided is not a substitute for professional legal advice.

  3. Agenda • New and existing housing • Providing program accessibility in housing • Diet and disabilities: Lesley University • Reasonable modifications in housing

  4. New and existing housing (Jim)

  5. Providing program accessibility in housing

  6. Section 504: Overview • Standards for accessible new construction and alterations • No discrimination because of inaccessible facilities • Operate each program/service/facility so that, • When viewed in its entirety, • It is accessible. • ADA has same provision; use standards as measure of program accessibility

  7. Program accessibility: 504 regulations of Department of Education • Provide comparable, convenient, accessible housing • At same cost • In sufficient quantity and variety so scope of choice is comparable as a whole

  8. Types of housing • Undergraduate dormitories • Graduate housing • Married student housing • Specialized housing • International house • Sororities and fraternities

  9. Program accessibility: options (1) • Housing style/configuration • Single • Single with private bathroom • 1-2-3-4 bedroom suites • Apartments

  10. Program accessibility: options (1) • Housing style/configuration • Single • Single with private bathroom • 1-2-3-4 bedroom suites • Apartments

  11. Program accessibility: options (2) • New/old

  12. Program accessibility: options (3) • Location • Facilities: dining, athletics • Single sex or not • View • Learning communities • Language houses

  13. Assistance to others • If provide assistance to organization or person in making housing available, ensure nondiscrimination http://farm1.static.flickr.com/231/481649871_f9047a9ecc_z.jpg

  14. Fraternities/sororities • See DOJ letter http://www.justice.gov/crt/foia/readingroom/frequent_requests/ada_coreletter/cltr129.txt

  15. Diet and disabilities: Lesley University settlement

  16. DOJ investigation • Complaint from students with food allergies/celiac disease • Those with celiac disease had to maintain gluten-free diet mandatory • University required all students living on campus to participate in and pay for meal service plan • Students’ dietary needs weren’t accommodated; put them at risk of illness • Students weren’t excused from meal plan

  17. Settlement agreement • December 2012 – detailed agreement • http://www.ada.gov/lesley_university_sa.htm • Based on ADA’s “reasonable modifications” provisions • Food allergies may be a disability • Celiac disease affects major life activity of eating, major bodily functions of immune, digestive, bowel, neurological systems • Food allergies can create autoimmune response and cause difficulty swallowing and breathing, asthma, anaphylaxis

  18. Required steps (1) University will – • Provide ready-made gluten- and allergen-free food options • Develop individualized meal plans for students with allergies • Allow those students to pre-order allergen free meals

  19. Required steps (2) University will (continued) -- • Provide a dedicated space to store and prepare food • Allow requests for food made without allergens • With advance notice, shop for student

  20. Required steps (3) University will (continued) -- • Work to retain vendors that offer food without allergens • Specify in food service contract: reasonable modification policy compliance, training • Train food service and University staff

  21. Required steps (4) University will (continued) -- • Display notices about food allergies and specific foods • Pay $50,000 in compensatory damages

  22. Disability Services is key • Student requests modifications through Disability Services • DS meets with student to create individualized plan • Outcome: disability modification letter with tailored plan • University may exempt student from plan as a reasonable modification

  23. Food allergies: DOJ Q and A Q and A about agreement, January 2013 • Issue in Lesley case involved a mandatory meal plan • Not necessarily applicable to other plans or to restaurants • But restaurants and universities with other types of plans should evaluate their policies http://www.ada.gov/q&a_lesley_university.htm

  24. CCONTACTACT: Irene Bowen, J.D. President, ADA One 9 Montvale Court Silver Spring, MD 20904 Web site: http://ADA-One.com 301 879 4542 (O) 301 236 0754 (F)

  25. Reasonable modifications in housing

  26. WHO is in Charge? • Housing – with DSS as consultants? • DSS – in conjunction with Housing? • Pros/cons of the direction of cooperation • How the decision influences your process

  27. HOW do you charge? • It depends on whether the accommodation is wanted or needed!

  28. WHAT (and WHEN) do you ask? (1) • Just asking may resolve some of your problems

  29. Asking “WHY?” SEVERITY OF THE CONDITION • 1. Is impact of the condition life threatening if the request is not met? • 2. Is there a negative health impact that may be permanent if the request is not met? • 3. Is the request an integral component of a treatment plan for the condition in question?

  30. Asking “WHY?” (2) SEVERITY OF THE CONDITION (2) • 4. What is the likely impact on academic performance if the request is not met? • 5. What is the likely impact on social development if the request is not met? • 6. What Is the a likely impact on the student's level of comfort if the request is not met?

  31. Asking “WHY?” (3) TIMING OF THE REQUEST • 1. Was the request made with initial housing request? • 2. Was the request made before the deadline for housing requests for the semester in question? • 3. Was the request made as soon as possible after identifying the need. (Based on date of diagnosis, receipt of housing assignment, change in status, etc.)

  32. Asking “WHY?” (4) FEASIBILITY & AVAILABILITY • 1. Is space available that meets the needs? • 2. Can space be adapted to provide the requested configuration without creating a safety hazard (electrical load, emergency egress, etc.)? • 3. Are there other effective methods/housing configurations that would achieve similar benefits as the requested configuration? • 4. How does meeting this request impact housing commitments to other students?

  33. Recognize (and remind!) that there are no “right” or “wrong” answers. • Recognize (and consider) options • Recognize (and insist) on access

  34. Primary Areas of Concern • Single Rooms • Service/Companion Animals • Roommates riding on coattails

  35. Contact: • Jane Jarrow, Ph.D. • Disability Access Information and Support • JaneJarrow@aol.com • www.daisweb.com

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