I. Purpose
A. Anne Arundel Community College prohibits discrimination, harassment and retaliation on the basis of Disability.
B. The purpose of this Disability Accommodations Policy (“Policy”) is to describe the rights of Employees, Applicants, Students, and Visitors to request and receive Disability Accommodations in accordance with the College’s policies and relevant laws and regulations regarding Disability Accommodations, including but not limited to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504).
II. Scope and Applicability
A. This Policy applies to all Employees, Applicants, Students, and Visitors of the College who may seek accommodations for Disabilities at the College, including accommodations for Pregnancy, Childbirth or Related Medical Conditions, or any temporary disability resulting therefrom, which will be treated the same under this Policy and related procedures as other temporary disabilities.
III. Definitions
A. Academic Requirement means an activity that is required for completion of an academic class or program of study, including but not limited to, an assignment, examination, assessment, or class attendance, in a credit or non-credit course or program of study, including but not limited to, laboratory courses and clinical courses.
B. Activity or Activities collectively refers to Academic Requirements, Co-Curricular Programs, and Services.
C. ADA means the Americans with Disabilities Act.
D. Applicant means an individual who applies for a position of employment at the College.
E. Authorized Employee means the Employee who oversees a Co-Curricular Activity or is responsible for the provision of a Service.
F. Auxiliary Aids and Services includes:
1. Qualified interpreters or other effective methods of making aurally delivered materials available to individuals who are deaf or hard of hearing;
2. Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
3. Acquisition or modification of equipment or devices; and
4. Other similar services and actions.
G. Business Day is any day that is not a Saturday or Sunday or day that the College is closed, such as holidays, spring break, winter break, or other day that the College announces that it is closed.
H. Co-Curricular Program means an organized activity that is made available to Students outside of the College’s classes, and includes, but is not limited to, athletic teams and activities, student run clubs and organizations, and performing arts groups.
I. College Property means buildings, grounds, or property that is owned, leased, operated or controlled by the College.
J. Controlled Substances Act means Controlled Substances Act, Pub. L. 91-513, title II, Oct. 27, 1970, 84 Stat. 1242 (21 U.S.C. 801 et seq.).
K. Direct Threat means a significant risk to the health or safety of the individual or others that cannot be eliminated or reduced to an acceptable level by a Reasonable Accommodation or Auxiliary Aids and Services as measured by:
1. The duration of the risk of harm;
2. The nature and severity of the potential harm;
3. The likelihood that the potential harm will occur; and
4. The imminence of the potential harm.
L. Disability means, with respect to an individual:
1. A physical or mental impairment that Substantially Limits one (1) or more of the Major Life Activities of such an individual; or
2. A record of having such an impairment.
M. Disability Accommodation means:
1. With respect to employment, any reasonable modification or adjustment to a job application process or work environment or to the manner or circumstances under which the position held or desired is customarily performed that permits a Qualified Individual with a Disability to participate in the job application process, to perform the Essential Functions of a Job, or to enjoy benefits and privileges of employment equal to those enjoyed by other similarly situated Employees without disabilities. Reasonable Accommodations do not include the elimination of an Essential Function of a Job, the provision of personal use items, such as a wheelchair, hearing aid, eyeglasses, or similar devices, services of a personal nature including assistance in eating, toileting, or dressing, or the excuse of violations of uniformly applied conduct rules that are job-related and consistent with business necessity.
2. With respect to participation in Activities, any reasonable modification or adjustment to the learning environment or to the manner or circumstances under which an Activity is customarily performed that permits a Qualified Individual with a Disability to participate in the Activity and enjoy the benefits and privileges of engaging in the Activity equal to that afforded to similarly situated Employees, Applicants, Students, or Visitors.
N. Drug means a controlled substance, as defined in schedules I through V of the Controlled Substances Act.
O. Employee includes all faculty, staff, temporary employees, and contractual employees.
P. Essential Function of an Activity means a function that is necessary to perform, engage in, or allow access to the Activity; a fundamental learning outcome of a course, program of study, or Academic Requirement being pursued by the Student; a function of the Academic Activity directly related to a licensing or certification requirement to practice in the field or occupation Essential Function of a Service; or a function of a Service is essential if the function is necessary to perform the Service or allow individuals to access the Service and/or the function is required by local, state or federal law or regulation.
Q. Essential Function of a Job means the fundamental job duties of the employment position the Employee holds or desires. A job function is essential if the position exists to perform that job function, the function is highly specialized, or there are a limited number of Employees who can perform that function. The term “essential function” does not include the marginal functions of the position.
R. Fundamental Alteration means that implementing a requested Disability Accommodation would significantly change an Essential Function of an Activity.
S. Healthcare Provider means a licensed, treating professional who has expertise in and direct knowledge of the Employee’s, Applicant’s, Student’s or Visitor’s Disability, including any functional limitations, including, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, mental health professionals, certified physician assistants, nurse practitioners, social workers, and other appropriate professionals. Healthcare Provider does not include providers who are related to the individual requesting the accommodation, including, but not limited to parents, siblings, and other relatives.
T. Illegal use of Drugs means the use of Drugs the possession or distribution of which is unlawful under the Controlled Substances Act, as periodically updated by the Food and Drug Administration. This term does not include the use of a Drug taken under the supervision of a licensed health care professional, or other uses, if such uses are authorized by the Controlled Substances Act or other provisions of Federal law.
U. Impairment 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 and any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
V. Major Life Activities include but are not limited to:
1. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working;
2. The operation of a major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.
W. “Pregnancy” and “Childbirth” refer to the pregnancy or childbirth of the employee requesting the accommodation and include, but are not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery).
X. Related Medical Conditions are medical conditions which relate to, are affected by, or arise out of pregnancy or childbirth, as applied to the specific employee or applicant in question.
Y. Qualified Individual with respect to an individual with a Disability means:
1. An Employee or Applicant who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position the Employee holds or desires and can perform the Essential Functions of the Job with or without Disability Accommodations; and
2. A Student who meets the academic and technical standards requisite to admission or participation in the Activity and can complete the Essential Functions of an Activity, with or without a Disability Accommodation.
The term Qualified Individual with a Disability does not include individuals currently engaging in the Illegal Use of Drugs, when the College acts on the basis of such use.
Z. Service means a non-academic service provided by the College to Students, Employees and/or Visitors, including but not limited to, dining services, College identification cards, technology services, parking, fitness facilities, library services, the bookstore, performances and events on campus, computer labs, disability support services, academic advising, admissions, financial aid services, academic tutoring, testing, career and community services, Help-Link program, the Food Pantry, health and wellness services, personal counseling, and student achievement and success programs, and other similar services.
AA. Student means an individual who is currently enrolled in classes at the College, including credit or non-credit bearing classes and seeking credit through prior learning assessments, students who are registered for a future term, applicants for admission to the College, and individuals who have applied and been accepted to the College but have not yet registered for a term.
BB. Substantial Limitation or Substantially Limits means that an impairment substantially limits the ability of an individual to perform a Major Life Activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a Major Life Activity in order to be considered substantially limiting. An impairment that substantially limits one Major Life Activity need not limit other Major Life Activities in order to be considered a Disability. An impairment that is episodic or in remission is a disability if it would substantially limit a Major Life Activity when active. The determination of whether an impairment substantially limits a Major Life Activity shall be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment, or appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies; use of assistive technology; Reasonable Accommodations or Auxiliary Aids or Services; learned behavioral or adaptive neurological modifications; or psychotherapy, behavioral therapy, or physical therapy.
CC. Undue Hardship means an action requiring significant difficulty or expense when considered in light of:
1. The nature and cost of the accommodation in relation to the size, overall financial resources of the College;
2. The nature and structure of the College’s operation; and
3. The impact of the accommodation on the operation of the facility, including how providing the accommodation will impact how other employees perform their jobs or how the College conducts business.
DD. Visitor means any person who is not an Employee or Student of the College who is on College Property and attempting to access a Service.
IV. Disability Accommodations
A. All requests for Disability Accommodations will be handled in accordance with applicable laws and regulations, including but not limited to the ADA and Section 504 of the Rehabilitation Act of 1973, and the accompanying Procedures.
B. Disability Accommodations are not guaranteed, and the decision to provide a Disability Accommodation will be made at the College’s sole discretion following an interactive process.
1. Once on notice, the College will engage in an interactive dialogue regarding the request for a Disability Accommodation with an Employee or Applicant who establishes that the Employee or Applicant is a Qualified Individual with a Disability in accordance with the Employee and Applicant Disability Accommodations Procedure.
2. Once on notice, the College will engage in an interactive dialogue regarding the request for a Disability Accommodation with a Student who establishes that the Student is a Qualified Individual with a Disability in accordance with the Student Disability Accommodations Procedure.
3. Once on notice, the College will provide a Disability Accommodation to a Visitor with a Disability in accordance with the Visitor Disability Accommodations Procedure.
C. The College may deny a request for a Disability Accommodation if it would cause an Undue Hardship or Direct Threat or would result in the Fundamental Alteration of an Activity or Service.
D. No Employee, Applicant, Student, or Visitor will be retaliated against for requesting a Disability Accommodation.
V. ADA/504 Coordinator
The College’s ADA and Section 504 Coordinator is the College official designated under federal regulations as responsible for overseeing AACC's compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126, and Sections 504 and 508 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, 794d (Sections 504 and 508), including other federal and state laws/regulations relating to persons with disabilities.
The College’s ADA and Section 504 coordinator is:
ADA & Accessibility Compliance Officer
Anne Arundel Community College
101 College Parkway, Arnold, MD 21012
Phone: 410-777-1236 | Fax: 410-777-4317 | [email protected]
www.aacc.edu
To report an ADA or Accessibility issue or concern, please email: [email protected].
Policy Title: Disability Accommodations Policy
Policy Category: General
Policy Owner: President
Policy Administrators: Executive Director of Human Resources (for Employees and Applicants), Dean of Student Success (for Students), and Manager, Event Services (for Visitors)
Contact Information: Employees and Applicants ([email protected]; 410-777-2425); Students ([email protected]; 410-777-1411); Visitors ([email protected]; 410-777-2614)
Approval Date: September 10, 2024
Effective Date: September 16, 2024
History: N/A
Applies to: All Employees, Applicants, Students, and Visitors of the College
Related Policies: N/A
Related Procedures:
Forms/Guidelines: N/A
Relevant Laws: