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Disability Services Grievance and Appeal Procedures

Disability Services Grievance and Appeal Procedures

The purpose of grievance and appeal procedures is to attempt to resolve all types of grievances in a timely manner. It is to the student's advantage to keep communication open with faculty, staff, and peers, thus avoiding the necessity for grievance or appeals. In the event that a student believes that a grievance is directly related to that student's disability, the student should contact the Disability Services Office. The Director of Disability Services will support and assist in the process.

Grievances-Internal
If the problem has not been resolved through usual channels, then a formal written grievance may be filed. The following procedures will be followed for grievances or appeals related specifically to services for students with disabilities provided by the Disability Services Office as required under the American with Disabilities Act of 1990 (ADA). Students should address the grievance to the Disability Services Director.

  1. The grievance should contain the name and address of the person/s filing it, and a brief description of the alleged violation of the regulations. It should be filed with the Director of Disability Services within 30 workdays from the date of the alleged grievance. 
  2. An investigation conducted by the Director shall follow the filing of a grievance. The investigation shall be informal, but thorough, and it should afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the grievance. 
  3. Following the grievance investigation, at least three members of the Disability Committee will convene a special meeting to meet with the complainant and, at a separate time, the other party or parties involved for review of the incident. The committee will make recommendations to the Director. 
  4. A written determination as to the validity of the grievance and a description of the resolution, if any, shall be issued by the Director and forwarded to the complainant no later than 15 workdays after the filing. 
  5. The Director shall maintain the files and records relating to grievances for a period of three years. 
  6. If a grievance is against the Director of Disability Services, the above procedures are to be followed with the exception that the grievance will be made to the Dean of Students. 
  7. The complainant can request a reconsideration of the case in instances of dissatisfaction with the resolution. The request for reconsideration should be made to the ADA compliance officer (the Dean of Students) within 10 workdays of the resolution of the complaint. 
  8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by nor shall the use of this procedure be a prerequisite to the pursuit of other remedies. 
  9. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the university complies with the ADA. 

Complaints External (Office for Civil Rights)
Although the student is encouraged to attempt to resolve a grievance within the campus process, s/he has the right to file any complaint directly to the Office for Civil Rights at any time. The Statute of Limitations for filing a complaint with the Office for Civil Rights is 180 days from the time the incident occurred, or within 60 days after the Avila University investigation. Forms may be obtained from the ADA compliance officer or the Disability Services Office. 

Course Substitution Policy for Students With Disabilities

Course Substitution Policy for Students With Disabilities

General Curriculum 
Course requirements for degrees granted by Avila University are designed to provide a comprehensive education in general liberal arts and in the student's major field of study. In awarding a degree, Avila University is recognizing the satisfactory completion of a set of courses it deems representative of the academic standards it upholds. In addition, all admitted students are regarded as “otherwise qualified” to participate in any program of academic study with or without reasonable accommodations. Therefore, students with disabilities are not excused from degree requirements.

However, in some limited circumstances, substitution of a course requirement may be determined to be a reasonable and appropriate accommodation for a student with a properly documented disability. An accommodation of this nature is considered only when it has been confirmed that the student's disability makes completion of the requirement impossible. Such confirmation can only be made after the student has attempted, but has been unsuccessful, at completing the course with all other appropriate accommodations in place. Consideration of a course substitution is done on a case-by-case basis. 

Gaining approval for a course substitution may be a lengthy process. Therefore, it is recommended that the student initiate the request early in his or her academic career. In most cases, it will be necessary for the student to have declared a major before the request can be considered. This will allow a determination to be made as to whether or not the requested course substitution represents a fundamental alteration in the chosen field of study. The University retains the right to revoke a substitution in the event that the student changes majors and the substituted course is found to be essential to the newly declared major field of study as determined by the School/College. A determination of any course substitution will require communication between the Director of Disability Services, the student’s Advisor, Department Faculty, the Dean of the School/College and the Vice President for Academic Affairs.  
The final decision regarding a course substitution will rest with the Vice President for Academic Affairs.

Process
At the time of request, a student with a disability who would like to request a course substitution as a reasonable accommodation will submit the following to the Director of Disability Services:

  1. Appropriate written documentation verifying a disability that substantially limits the skills required for the successful completion of the required course. Please refer to the University documentation guidelines for information as to what constitutes appropriate written documentation (available from the Director of Disability Services).

  2. A completed Exception to Academic Requirements and/or Policies listed in the Avila University Catalog form (available in the Office of Registration and Student Records).

  3. A written personal statement describing difficulties the student has encountered in past attempts to perform successfully within the subject area. In this statement, the student should explain how the disability has impacted these attempts.

  4. A completed Authorization to Release Information form to document written permission for the Director of Disability Services to share relevant disability related information with appropriate faculty, staff, and administrative members of the University as part of the decision-making process. The Authorization to Release Information form may be obtained from the Director of Disability Services.

The student may also solicit documentation from the faculty person, who taught the course in question; if the student believes it will strengthen his or her case. Comments may include the faculty member's observations about the student's efforts in the course, whether or not the student made use of the faculty member's office hours, whether or not the student attended tutoring sessions or study group sessions, and any accommodations that may have been utilized.

The Director of Disability Services will forward the above information to the Vice President for Academic Affairs. The Vice President for Academic Affairs will convene a meeting consisting of the Director of Disability Services, a representative from the Disability Committee, a member of the faculty representing the discipline, the Dean of the School/College or his/her designee and the Vice President for Academic Affairs or his/her designee. The convened committee will make a recommendation to the Vice President for Academic Affairs. The Vice President for Academic Affairs will make the final decision. The Office of Academic Affairs will notify the student in writing of the final decision.

Service Animals

Service Animals

Avila University -- Policies and Procedures
Service and Assistance/Support Animals

The purpose of this statement of policies and procedures is to outline a policy that addresses the use of service and assistance/support animals at Avila University and to present a standard of behavior for service/support animals and for students, faculty, and staff who are in proximity to the animals. It is the intention of Avila University to meet the needs of students with disabilities in an atmosphere designed “to develop their potential by providing services and programs in a supportive environment.”

How Service Animal is Defined
Please also see:  https://www.ada.gov/service_animals_2010.htm

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

Beginning on March 15, 2011, only dogs are recognized as service animals under Titles II and III of the ADA.  However, in some cases, a miniature horse may be considered a service animal.  The Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

WHERE SERVICE ANIMALS ARE ALLOWED
Please also see:  https://disability.mo.gov/files/ServiceAnimalsAllowed.pdf

Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment. At Avila University, service animals are allowed in all areas that are open to the public or to students. Please see the next section for a possible exclusion due to safety in science laboratories.

SERVICE ANIMALS IN UNIVERSITY RESEARCH LABS

Science laboratories can create environments that can be unsafe for a service animal or can compromise a sterile environment needed to conduct research.  In biological laboratories, a needs assessment must be completed for the assessment of the service dogs in low-risk or high-risk environments.  Service animals are generally not permitted in laboratories utilizing high-risk biological materials.  Additionally, service animals are not allowed in any chemistry or physics laboratories utilizing high-risk chemical or radioactive materials.

In a science laboratory environment, only service dogs will be assessed for approval.  Miniature horses or other types of service animals are not allowed in university laboratories.

Students, faculty, or staff that require the use of a service dog in a laboratory are required to contact the Disability Services Office to document the need and recommendations.  The Disability Services Office will assist with the completion of the assessment for the science laboratory.  Service dog access can be restricted if the presence of the dog can interfere with the outcomes of the experiments or if substances can be hazardous to a dog.  Access should not be denied without consultation between the student, lab faculty member and the Disability Services Office.

Service dogs assessed and approved for the university laboratory environment will not be allowed into the laboratory without the appropriate personal protective equipment (PPE).  Service animals entering laboratories must be protected to prevent exposure to hazardous chemicals, broken glass or other hazards that might be present in the laboratory environment.  This PPE shall be worn by the dog and purchased by the owner and included the following:

  • Disposable or reusable boots to cover the feet. One example is a commercially available product, Pawz Rubber Dog Boots.
  • Disposable lab coat (such as Maytex lab coat).
  • Disposable plastic-backed absorbent lab paper or pet pads for the dog to lie on during lab to protect them from whatever might be on the floor.  Dog beds or fabric pads are not appropriate for use in the lab.

If appropriate PPE is not brought to the lab, then the service dog will not be permitted into the laboratory.

Students may wish to visit the lab in advance of the class to familiarize themselves and their dog with the layout of the lab, as well as the smells and sounds of the lab.  Alternatives to positioning the service dog in the lab next to the individual must be discussed with the handler first.  This could include:

  • Placing the dog behind a removable gate or in a pen in an adjacent room or area away from hazards.
  • If a location next to the person is required, consider a location at the end of the bench or in a corner away from other students, personnel, and/or hazardous materials.

Documentation Requirements

The handler/partner of a service animal must show proof that the animal has met the following regulation. Copies of this documentation for service animals will be maintained in the Disability Services office (DSO).

Health Records: The animal must have a health statement, including vaccinations from a licensed veterinarian, dated within the past year.

Behavior of Service Animals

Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

A service animal may be excluded from campus when that animal’s behavior poses a direct threat to the health and safety of others or if the animal’s behavior is out of control of the handler. Infractions will be handled on an individual basis. Consequences may include, but are not limited to, muzzling a barking animal, refresher training for the animal and the partner or handler, or exclusion of the animal from the university.

Statement of Liability

The owner of a service animal will be liable for any damages caused by the animal. Owners must keep service animals restrained while in use or be subject to civil liability for any damages. Service animals must be identifiable by their restraint method or other identifier.

Service Animal Etiquette

  • The animal must not be allowed to sniff people, food or the belongings of others.
  • The animal must not initiate contact with others without the partner/handler’s permission.
  • The animal must not display any disruptive behaviors such as barking, whining, growling or rubbing against people unless it was trained to alert the partner or handler in this manner.
  • The animal must not block an aisle or passageway.
  • The animal must be trained not to be attracted to food that is nearby.

Public Etiquette for Interaction with a Service Animal

  • Do not pet a service animal.
  • Do not feed a service animal.
  • Do not deliberately startle a service animal.
  • Do not separate or attempt to separate a service animal from a partner/handler.
  • Do not hesitate to offer assistance by asking if assistance is needed.

Relief Areas

The designated relief area on campus is northeast of the parking lot that borders the back of Goppert Theatre and the Marian Center (see map). It is the responsibility of the partner/handler to clean up after the dog.

Designated Service Animal Relief Area

 

 designated service animal relief area map

Designated Service Animal Relief Area

 

Emergency Situations

In the case of an emergency, emergency and public safety personnel should be aware that there is a service dog on the premise. Therefore, at the beginning of each semester when a service animal will be accompanying a student, the student will be asked to give the DSO permission to notify Public Safety and the First Responder in the buildings where the student will have classes. Public Safety and First Responders will be notified when an employee who has a service animal is hired. Students and employees will be advised that in an emergency, every effort will be made to keep the service animal with its partner/handler, but it may be necessary to leave the dog behind in certain disaster situations.

Conflicting Disabilities

It is common for persons to have a disability that precipitates an allergic reaction to animals. Persons making asthmatic, allergic, or medical complaints are to be directed to make that complaint at the Disability Services Office if common sense arrangements are not satisfactory. The person making the complaint must show medical documentation to support that complaint. Action will be taken to consider the needs of both the complainant and the partner/handler to resolve the problems as efficiently and expeditiously as possible. Complaints will be handled case by case.

According to ADA requirements, allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.

ASSISTANCE/SUPPORT ANIMALS

Neither the ADA nor Missouri’s service dog law includes what some people call therapy dogs or “emotional support animals”: animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, they are not trained to perform specific tasks for their handlers.

Assistance animals can be any animal that provides companionship or emotional support that alleviates one or more identified symptoms or effects of a person’s disability.  Assistance animals do not need to be specifically trained.

Where Assistance/Support Animals (ASA) are Allowed

Assistance/support animals at Avila University are restricted to the residence hall unit (if living on campus) of the individual except to the extent the individual takes the animal outside for natural relief.  When taking the animal outside of the resident hall unit, the animal must be in a carrier or controlled by a leash or harness.  Assistance animals are not permitted in any university facilities other than the resident hall unit in which the owner is assigned or to the area approved by the Avila Disability Service Office or Human Resources. 

Requirements and Responsibilities of the Assistance/Support Animal Handler

The resident must abide by current city, county and state ordinances, laws, and/or regulations pertaining to the licensing, vaccination, and other requirements of animal ownership applicable to the resident’s ASA. It is the resident’s responsibility to know and understand all applicable ordinances, laws, and regulations in addition to university policies applicable to their ASA. The university has the right to request documentation of compliance with such ordinances, laws and/or regulations, which may include presentation of vaccination certificate(s), registration or licensing documentation.

The ASA must be properly housed and restrained or otherwise under the control of the resident owner at all times. Resident owners must be mindful of their ASAs interaction with other university housing occupants (e.g., excessive sniffing, jumping or other unwanted contact with other individuals). No resident owner may permit the ASA to roam loose or run at large on university property. If an ASA is found running at large, the ASA is subject to capture, confinement and removal from university housing or university property. The resident owner is responsible for ensuring that the ASA is contained, as appropriate, when the resident is not present.

The resident is required to ensure the ASA is well cared for at all times. ASAs cannot be left overnight in university housing in the care of an individual other than the resident. If the resident will be, absent from assigned university housing overnight or for an extended period, the ASA must accompany the resident. Evidence of mistreatment, abuse, neglect, extended absence or abandonment may result in the immediate removal of the ASA and other consequences to the resident. The resident owner is solely responsible for providing care and food for the ASA. University dining center policies prohibit the removal of food or food scraps from dining facilities for the purpose of feeding ASAs. University personnel shall not be required to provide care or food for any ASA including, but not limited to, removing the ASA during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the ASA and may not be held responsible for the care, damage to, or loss of the ASA.

The resident owner must take reasonable steps to avoid property damage caused by the ASA. The resident owner is required to clean up after and properly dispose of all waste created by the ASA in a safe and sanitary manner. To the extent that the ASA can be housebroken, the ASA must use relief areas (as defined herein). The resident will be charged for any and all damages to university property caused by the ASA or additional cleaning of university property required due to the ASA (beyond reasonable wear and tear) to the same extent that other residents are charged for same cleaning activity not related to an ASA.

The ASA is allowed in university housing only as long as the ASA is necessary because of the resident’s disability. The student resident must notify the department if the ASA is no longer needed or is no longer occupying university housing with the resident. To replace a previously approved ASA, the resident must follow the same process used to receive the initial ASA from the Disability Services Office.

Assistance/support animals are an accommodation granted through the Disability Services Offices for students or through Human Resources for faculty and staff.  They are restricted to the areas approved for as part of their accommodation from one of these offices.  Students who wish to bring the assistance/support animal to campus must apply for accommodation through the Avila Disability Services Office.  Per Federal guidelines, you must provide a documentation letter of recommendation (written within the last year on the doctor's letterhead) that will contain the following important data points informing the university that you are:

  • A current patient of the mental health provider who's writing the letter
  • You're under their treatment of a mental or emotional disability that's outlined in the Diagnostic and Statistical Manual Version IV or V
  • Your emotional disability restricts you from daily participating or completing at least one significant activity
  • The recommendation of an Assistance/Support Animal is an important part of your mental health treatment

MORE INFORMATION

ADA Website

www.ADA.gov

To receive e-mail notifications when new ADA information is available,

visit the ADA Website’s home page and click the link near the top of the middle column.

ADA Information Line

800-514-0301 (Voice) and 800-514-0383 (TTY)

24 hours a day to order publications by mail.

M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)

to speak with an ADA Specialist. All calls are confidential

CONCERNS OR QUESTIONS

Persons who have concerns or questions regarding Disability Service with service animals or assistance/support animals may contact DSO@Avila.edu or call 816-501-3666.  There are also student complaint forms available in the Hodes Center or online at https://www.avila.edu/sudent-services/disability-service-1/disability-services-information-forms.

Crime of impersonating a person with a disability for the purpose of receiving certain accommodations, penalty, civil liability. 

Missouri Law 209.204. Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor. For purposes of this section, "impersonates a person with a disability," means a representation by word or action as a person with a disability or a representation of a dog by word or action as a service dog. 

Additional information on Missouri laws for Service Animals, please see:

https://disability.mo.gov/files/ServiceAnimalsAllowed.pdf

 

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