Above the “Baseline” Building Better Practices for Complex Requests

1. Above the “Baseline”Building Better Practices for Complex Requests Kirsten Behling, Tufts University Andrew Cioffi, Suffolk University

2. Setting the stage - Accommodations vs. Modifications We must make reasonable “adjustments” for qualified individuals: • “Reasonable” should drive our decisions. • Qualified individuals meet the programmatic and technical standards. We must engage “interactive process” in good faith. Once we offer something to all students, the ADA attaches.

3. Determining “Reasonable” Undue burden: • Financial • Physical plant/infrastructure Fundamental requirements: • Academic standards • Technical standards Institutional programs and services: • Campus offerings • Campus operations Community standards: • Impact to community members

4. Attendance Modifications

5. Attendance • Impacts can be unpredictable. • It may be considered an academic standard or an essential course component. • Policies vary (Institutional? By department? By course?). • It is often linked to participation. • Alternatives are possible in some courses, but not all.

6. Attendance Modifications Accommodation letter determines eligibility; student and instructor (w/DS provider) determine accommodation specifics: • Avoid leaving this solely up to the instructor and the student (recent OCR cases around burden) Modifications can include: • Additional absences, extensions, exam postponement, alternative methods of participation Pre-determine limitations, i.e. when attendance fundamentally alters the course objectives and/or goals: • Faculty want guidance, they want specific guidelines

7. Help Faculty by Posing these OCR Questions: • What does the course description and syllabus say? • What elements of the class experience are used to calculate the final grade? • What are the classroom practices and policies regarding attendance? • To what extent is there classroom interaction between the instructor and students and among students? • Do student contributions constitute a significant component of the learning process? • Does the fundamental nature of the course rely on student participation as an essential method for learning? • To what degree does a student’s failure to attend constitute a significant loss to the educational experience of other students in the class?

8. Tufts' Absence Agreement The result of students struggling to understand “what flexible means.” The result of many faculty concerned about what they can and cannot call an absence. Reviewed by our Faculty Advisory Board. Faculty like it.

9. Remote Access Attendance

10. AT for Attendance and Participation “Typical” Attendance and Participation Accommodations • Attendance accommodations (broad) • Alternative forms of participation AT Enhanced Attendance/Participation Accommodations • Media assisted attendance and/or participation (Synchronous/Asynchronous) • WebEx, Skype, Professor provided notes, note takers, remote proctors, electronic submission of assignments

11. Special Considerations • Reasonable? Fundamentally alter? • Does the student’s physical absence cause hardship for others? • Technology platform • Disruptive? • Essential course elements • Timeline & duration of deployment • Duration of deployment • Lead time to establish a tech setup

12. Leave of Absences & Incompletes

13. Leave of Absence: An Option • May be granted for a variety of reasons. • Differentiate between medical and personal LOAs. • Duration of leave varies: • Brief absence during semester, 1 semester, multi-semester leave • May or may not be voluntary. • Often granted by Dean of Students, w/ referral from DS provider.

14. Additional Considerations • Academic impact • Financial impact • Transition planning • Social impact • International status • DACA status

15. Incompletes: An Option Use when no other solution is possible. Guide faculty through determining whether or not this is the right decision. Help the student understand the institution’s incomplete policies. Work with the student to put a plan into place. Check in with the student after the semester ends/ before it is due.

16. Incompletes Can be a Black Hole What are Others Doing? Many incompletes remain incomplete…. Causing academic hardship for years. If your creating a policy there is value in looking at what others are doing. Themes from other schools: • Faculty largely determine if an incomplete is appropriate. • A specific percentage of the course must be finished before an incomplete can be requested. • Some schools do not allow requests until a certain week in the semester. • Give faculty deadline guidelines to follow. • There is a limitation to how many incompletes can be taken.

17. Personal Care Attendants

18. PCA’s • Provide assistance with daily living and/or nursing care, • Student requests campus access for PCA as an accommodation, • Level of need varies, • Level of requested access varies, • Institution is not responsible provision, funding, or coordination.

19. Additional Considerations • Request specific access (Classroom? Res hall?) • Provide docs. (Disability, Qualifications of PCA, Background check) • Ensure appropriate care • Planning ahead – who should do what? • Resources for students • Suggested hiring guidelines • Resources for developing job description/contract • Implementation and non-compliance protocols • Community education

20. PCA Guidelines PCA’s should: • Follow campus policy • Provide care as outlined in contract with student PCA’s should not: • Advocate academic or accommodation needs • Contact/interact with students, staff or faculty on student’s behalf • Be involved in academic tasks beyond assisting with necessary mechanics

21. Emotional Support Animals

22. ESA as an Accommodation • Requests, interactive process, and granting procedures • Roommates with disabilities as a result of the animal • Documentation guidelines • Community standards • Risk mitigation • Rights and responsibilities • Timing of the request – is it reasonable?

23. ESA Provider Questionnaire Why an ESA specific Questionnaire? American Counseling Association’s statement: “It is the recommendation of the HAIC that professional counselors do not engage in the practice of writing letters for their clients, unless the counselor has specialized training and experience in working with human-animal bond in counseling.”

24. Questions specific to ESA requests Describe the ESA that the student is requesting (type of animal & history with the animal). In your professional opinion, is the ESA necessary to alleviate the identified symptoms of the student’s disability? What disability-related symptoms will be reduced by having the ESA in campus housing? Have you discussed the responsibilities associated with being an ESA owner? What do you anticipate the impact would be, in terms of disability symptomology, that may result ofthe ESA is not approved? Is there a different accommodation that could be provided to mitigate the impact of the student’s disability? If so, please explain.

25. Response Protocol • Community standards violations • Noise complaints • Conduct process • Health and safety violations • Health violations • Safety violations • Emergency protocol • Emergency contact, alternative care provider • Campus responsibilities?

26. ESAs in the Classroom Different opinions from General Counsel: • Suffolk: Do not grant. Manage ESA requests as accommodation requests under the FHA and not as ADA requests • Tufts: Exhaust all other possibilities before you consider this.

27. Getting Ahead of These Uncommon Accommodation Requests

28. Write a Policy or Create some Guidelines(Cause why not) • Policies or Guidelines shape what we can and cannot do. • They give us power in making decisions. • They empower faculty. • They offer a starting point for a conversation.

29. Tips for Writing a Policy • Don’t try to re-invent the wheel • Colleagues, similar institutions/campuses • Law suits, Resolution/Settlement agreements • Look for common language • Vetted by counsel? • DOJ/OCR guidance? • Adjust to match your campus needs • Involve your stakeholders • Think largest impact

30. A few Examples: • Procurement Policies • Web Accessibility Policies • Captioning Policies • Incomplete Guidelines • Extensions on Assignments Guidelines • Absence Guidelines

31. Don’t Forget the Need for Implementation Determine processes for handling policy violations: • Benchmark • Involve key stakeholders Determine emergency protocol. Identify external resources. Plan an appropriate roll-out: • Review how other policies have been rolled out successfully • Who to notify? • When to implement?

32. Questions, Comments, Discussion

33. Session Evaluation Please see session moderator for paper evaluation form or complete the evaluation online.