Reasonable Accommodations for Disabilities

1. What is the University’s responsibility to provide reasonable accommodations for an individual with a disability?

   The University is required to provide reasonable accommodations to an individual with a disability.  Failure to provide reasonable accommodations for disability may constitute prohibited discrimination in violation of the Administrative Policy: Discrimination. 

Process for Identifying and Implementing Reasonable Accommodations for Disability

2. How does the University determine whether an individual has a disability that may require reasonable accommodation?

   An individual is considered to have a “disability” under the Administrative Policy: Discrimination when the campus Disability Resources office concludes – based on the individual’s medical information and experience of barriers related to a disability or medical condition – that the individual has a disability or medical condition that requires reasonable accommodation.  In some circumstances, the Disability Resources office may conclude that an individual has a disability that necessitates accommodation, even when the individual would not be considered to have a disability that is legally required to be accommodated.

3. What is the role of the campus Disability Resources office?

   Each campus has access to a Disability Resources office that facilitates the identification and implementation of reasonable accommodations for individuals with disabilities and medical conditions.  The campus Disability Resources office is available to assist individuals who require reasonable accommodations, as well as supervisors and instructors who have been asked to provide reasonable accommodations to their supervisees or students.  The campus Disability Resources offices also provide education on access and inclusion and partners with other University offices to ensure that our community has meaningful physical and technological access.

4. What is the process for identifying and implementing reasonable accommodations for disability?

   Reasonable accommodations are identified and implemented through an interactive process between the University, the individual with a disability who is seeking accommodation, and the responsible administrator.  The following process is generally followed:

   1. An individual seeking reasonable accommodation must follow the procedures established by their campus Disability Resources office.  Except in rare circumstances, the individual is responsible for seeking out services related to their disability and for requesting accommodations. The procedures of the campus Disability Resources offices require the individual seeking accommodation to provide medical documentation of their disability to their campus Disability Resources office. The campus Disability Resources office can assist the individual in obtaining appropriate medical documentation.

      A responsible administrator who becomes aware that an individual has encountered, or is likely to encounter, disability-related barriers is responsible for informing the individual that the campus Disability Resources office assists individuals in obtaining disability-related accommodations.  A responsible administrator should take this step when they have learned that an employee may have a disability and that the employee may be encountering barriers in the workplace as a result.  This is true even if an employee has not requested disability accommodations.  Then it is up to the individual to decide whether to request disability-related accommodations through the campus Disability Resources office.

      The responsible administrator for an employee is generally the employee’s supervisor.  The responsible administrator for a student is generally the instructor of the course in which the student needs accommodations or the facilitator of the program or service accessed by the student.

   2. The campus Disability Resources office, the individual seeking accommodation, and the responsible administrator engage in an interactive process to identify the specific disability-related barriers that the individual has encountered, or is likely to encounter, and accommodations that may assist in eliminating or minimizing those barriers. 

   3. The responsible administrator either (a) implements the identified accommodations or (b) further engages in an interactive process with the individual seeking accommodations and the campus Disability Resources office to identify other effective reasonable accommodations.

      The responsible administrator should not refuse to provide accommodations without first consulting with the campus Disability Resources office and, where appropriate, Human Resources or the Office of the General Counsel.

   The responsible administrator and individual seeking accommodation are responsible for actively participating in this interactive process in good faith.

5. What is the interactive process?

   The interactive process is a collaborative interaction between the individual seeking an accommodation, the responsible administrator, and the campus Disability Resources office.  Others may also be involved in the interactive process, including, for example, Human Resources representatives, academic advisors, and other department administrators.

   During the interactive process, both the individual seeking an accommodation and the responsible administrator are expected to:

   • actively engage in the process in good faith;
   • clearly communicate when a particular accommodation is not acceptable to them;
   • if a particular accommodation is not acceptable to them (e.g., because it would not eliminate or minimize the barriers, it is unreasonable, and/or it would create an undue hardship), explain why it is not acceptable;
   • where appropriate, offer an alternative accommodation and/or ask the other party to offer an alternative accommodation.

   The interactive process ends when both the individual and the responsible administrator agree to an accommodation and the accommodation is implemented, or when it is determined that there is no reasonable accommodation that would effectively eliminate or minimize the barriers the individual seeking accommodation faces because of their disability. Before concluding an interactive process without providing a reasonable accommodation, the responsible administrator should consult with the campus Disability Resource office.

   The University’s engagement in the interactive process with individuals who request reasonable accommodations for disability is required by law and the Administrative Policy: Discrimination.

6. Is the University required to provide the specific reasonable accommodation requested by an individual with a disability?

   The University is not required to provide the specific reasonable accommodation that is requested by an individual seeking accommodation.  A responsible administrator is encouraged, where practicable, to provide the specific requested reasonable accommodation.  However, where it is not practicable to provide the specific requested reasonable accommodation, the responsible administrator may provide a different reasonable accommodation if it similarly eliminates or minimizes disability-related barriers.

   To the extent possible, accommodations should not place a disproportionate burden on an individual receiving accommodations as compared with other individuals who are not receiving disability accommodations. 

Assessing Whether an Accommodation is Reasonable or Creates an Undue Hardship

7. What is a reasonable accommodation for disability?

   A reasonable accommodation is a modification to an environment, practice, or process in order to eliminate or minimize disability-related barriers to an individual’s participation in the University’s education or employment programs or activities.

   In the employment context, a reasonable accommodation may consist of a modification to a job, the work environment, or the way in which a job duty is typically performed.   For example, a reasonable accommodation could include a modification to a work schedule, a modification to the physical layout of an office, or the provision of assistive technologies.

   In the academic context, a reasonable accommodation could include the provision of additional time for assignments or exams; private or semi-private environments for test-taking; a modification to written materials to make them accessible; the provision of class notes; or the provision of readers, interpreters, or assistive technologies. 

8. When is an accommodation not available because it is unreasonable or creates an undue hardship?

   The University does not have to provide an accommodation that is unreasonable. An accommodation for disability may be unreasonable when it:

   • compromises essential requirements of a course, program, job or activity; or
   • is requested retroactively or in an untimely manner.

   The University does not have to provide an accommodation that causes an undue hardship. An accommodation for disability may cause an undue hardship when it:

   • causes an undue administrative or financial hardship for the institution;
   • jeopardizes the safety of the individual who requires the accommodation or others;
   • infringes on the rights of other employees, including those rights set forth in a collective bargaining agreement or other policy or law; or
   • imposes an unreasonable burden on other employees or students.

   In determining whether an accommodation would create an undue hardship, a responsible administrator should rely on objective information, not on anticipated or hypothetical hardships to the University that could result from providing the accommodation.  In addition, it is not appropriate to determine that an accommodation would create an undue hardship because others might request the same or similar accommodation in the future or because other employees or students think or might think it is unfair.

   The cost of providing any particular disability accommodation will generally not justify denial of the accommodation for a large public institution like the University, and units should consult with the Office of the General Counsel before denying an accommodation based upon financial hardship.

   Responsible administrators should consult with Human Resources or the Office of the General Counsel before concluding that an accommodation would create an undue hardship.

9. When is an accommodation unreasonable because it undermines the essential requirements of a job, course, program, or activity?

   Accommodations that would compromise the essential requirements of a University job, course, program, or activity are unreasonable, and the University is not required to provide such accommodations.

   In the employment context, the essential requirements are the basic job duties of a position that the individual holding the position must be able to perform, with or without reasonable accommodation. 

   In the academic context, essential requirements are the learning outcomes (including skills, knowledge, and attitudes) that are required to uphold the academic and technical standards and the integrity of courses and academic programs.  All students must meet essential requirements whether or not they are using accommodations.  For example, a reasonable accommodation may be to provide a student with a disability with additional time to take exams, but it would be an unreasonable accommodation to change the substance of the material being tested in an exam for a student with a disability.  As another example, it may be reasonable to provide a student with low vision with technology to help the student complete an exam, but it would be unreasonable to assess the answers given on an exam by a student with a disability according to a different standard than that applied to the answers of students without disabilities.

   In addition, it is also an essential requirement that all University members abide by University policies, with or without using reasonable accommodations. 

10. Who determines what accommodations, if any, will be implemented?  

    A responsible administrator determines whether to implement a requested accommodation or other reasonable accommodations. A responsible administrator should generally consult with others before making such a decision, including the campus Disability Resources office, Human Resources, and/or the Office of the General Counsel as appropriate.  In addition, a responsible administrator must be prepared to explain the basis for their determination; consider whether there are alternate reasonable accommodations that should be offered and, if so, offer them; invite the individual seeking an accommodation to suggest alternative accommodations; and continue to engage in the interactive process until its conclusion.

    When a student requests an accommodation in an academic course or program, the responsible administrator must consult with Disability Resource staff as well as a group of individuals who are trained, knowledgeable and experienced before making a determination that the accommodation would compromise essential course or program requirements. Group members could include faculty subject matter experts, department leaders, a program curriculum committee, and/or pedagogy consultants from CEI. At a minimum, the group should discuss the following questions:

    • What essential course or program requirement does the accommodation compromise?
    • What practical function does this essential requirement serve in the academic course or program?
    • Is there documentation of the essential requirement in the course syllabus, professional standards, certification requirements, or elsewhere?
    • How does the requested accommodation compromise this essential requirement?
    • Has the requested accommodation been provided to any other student (e.g. for a disability or non-disability related reason)?
    • Is there another way that the student could meet the essential course or program objectives?

    If an individual seeking accommodation does not agree with the determination made by the responsible administrator, they should contact their campus Disability Resource office or campus Equal Opportunity office to learn about options for grieving the responsible administrator’s decision.    

Responsibilities of an Individual Seeking Reasonable Accommodation

11. What are the responsibilities of an individual who is seeking reasonable accommodation for disability?

    An individual seeking reasonable accommodation has the following responsibilities:

    • Request needed reasonable accommodations in a timely manner.
    • Follow the procedures of the campus Disability Resources office to provide medical documentation of their disability or medical condition and initiate an accommodations request.
    • Provide the responsible administrator (e.g., supervisor or instructor) and the campus Disability Resources office with prompt notification of changes to accommodation needs. A student who is requesting course-related accommodations should contact the campus Disability Resources office to request an updated accommodation letter as needed.
    • Actively engage in an interactive process in good faith to identify and implement reasonable accommodations, including by offering possible alternative accommodations, as appropriate. Where an individual’s engagement in the interactive process may exacerbate their disability, the individual may request reasonable accommodation to assist or support their engagement in the interactive process.  Still, the individual seeking accommodation is required to engage in the interactive process, with or without accommodation to the extent necessary to identify and implement reasonable accommodations.
    • Notify the campus Disability Resources office if reasonable accommodations are not being provided or if the implemented accommodations do not appear to be effective.
    • Meet essential course, job, program, or activity requirements with or without reasonable accommodations.  In addition, the responsible administrator can expect the individual to meet the same performance expectations that are required of individuals not receiving reasonable accommodations.

12. What happens if an individual with a disability violates a University conduct or employment rule?

    An individual may be held accountable for violating University conduct or employment rules, even if they engage in misconduct that is a manifestation of a disability.  The University may discipline an individual with a disability for engaging in such misconduct in the same way it would discipline an individual without a disability, and may also consider taking responsive actions that may address disability-related needs of the individual. 

    Except when the punishment for the violation is expulsion from the University or termination from employment, following the imposition of discipline, a responsible administrator should engage in an interactive process to determine whether there are reasonable accommodations that would prevent the individual from violating any conduct or employment rules going forward. 

Responsibilities of a Responsible Administrator

13. What are the responsibilities of a responsible administrator (e.g., supervisor or instructor) to provide reasonable accommodations to an individual with a disability?

    A responsible administrator has the following responsibilities related to the provision of reasonable accommodations for an individual with a disability:

    • A responsible administrator who learns that an individual has encountered, or is likely to encounter, disability-related barriers should inform the individual that the campus Disability Resources office assists individuals in obtaining disability-related accommodations. However, the responsible administrator should not ask the individual about their diagnosis or other medical information.
    • Upon receiving notice from the campus Disability Resources office that an individual has a disability and requires reasonable accommodation: (a) implement the accommodations requested by the individual seeking accommodations, including those identified by the campus Disability Resources office or (b) actively engage in an interactive process with the individual seeking accommodation and the campus Disability Resources office to identify other effective accommodations.
    • Contact the Office of the General Counsel if the individual requesting accommodation is represented by legal counsel.
    • Consult with Human Resources or the Office of the General Counsel before determining that a requested accommodation is unreasonable or causes an undue hardship. If a requested accommodation is determined to be unreasonable or cause an undue hardship, the responsible administrator should document the basis for that determination and explain it to the individual seeking accommodation.
    • Clarify how any reasonable accommodations will be implemented, and whether the individual seeking accommodation has any ongoing responsibilities related to the implementation of the accommodations.
    • Notify the campus Disability Resources office if there is a disagreement with the individual seeking accommodation over whether reasonable accommodations are being provided, or if the implemented accommodations do not appear to be effective.

14. Should a responsible administrator request disability documentation from an individual who is seeking reasonable accommodations?

    No. A responsible administrator should not ask an individual who is requesting reasonable accommodations for medical documentation of their disability or medical condition.  Rather, the responsible administrator should refer the individual to the campus Disability Resources office, which is tasked with certifying that an individual is eligible for disability accommodations and with identifying accommodation needs.  Documentation describing an individual’s disability is confidential information, and neither the individual seeking accommodation nor the campus Disability Resources office is required to disclose it to a responsible administrator.

    A responsible administrator should focus on the functional limitations and accommodation needs of the individual who is seeking reasonable accommodation, and should not ask about, comment on, or make assumptions about, the individual’s disability.  A responsible administrator should also be aware that an individual’s disability may not be apparent to the responsible administrator.

15. May a responsible administrator ask whether a reasonable accommodation is needed when an individual with a disability has not asked for one?

    A responsible administrator (e.g., instructor or supervisor) who is aware that that an individual has a disability and who observes or learns that the individual is experiencing barriers to University access based on their disability should ask the individual whether there is anything they can do to assist and refer them to the campus Disability Resources office.

    Otherwise, a responsible administrator should generally refrain from asking an individual whether they require reasonable accommodation for disability, as this type of inquiry could be perceived as intrusive or unwelcome.  Instead, a responsible administrator may tell the individual that they have noticed that they may be experiencing difficulties and offer to talk about resources for assistance.  A responsible administrator may also consult with the campus Disability Resources office.

16. Should a responsible administrator provide reasonable accommodations to an individual who has requested disability accommodations but who has not provided a letter from the campus Disability Resources office?

    A responsible administrator should refer the individual to the campus Disability Resources office, so that all of the relevant access issues can be explored through the established procedure for requesting accommodations.

17. How should a responsible administrator proceed when they have referred an individual with a disability to the campus Disability Resources office, but have not received a request for accommodation?

    A responsible administrator (e.g., supervisor or instructor) should make reasonable efforts to ensure that an individual who may need disability-related accommodations is aware of the services provided by the campus Disability Resources office, including by informing the individual in writing if appropriate.

    If an individual with a disability or anyone on their behalf has not requested accommodations as required by campus Disability Resources office procedures, the responsible administrator does not have to provide reasonable accommodations.  In addition, the responsible administrator can expect the individual to meet the same performance expectations that are required of individuals not receiving reasonable accommodations.

18. Does a responsible administrator need to keep information about an individual’s disability accommodations confidential?

    Yes.  A responsible administrator (e.g., a supervisor or instructor) should keep disability-related information confidential and should not disclose that an individual is receiving reasonable accommodations for a disability to individuals who do not have a need to know.  A responsible administrator should file letters from the campus Disability Resources office in a confidential place and should not discuss an individual’s disabilities or accommodations in spaces in which they might be overheard by others.

    There may be some circumstances in which it is appropriate for a responsible administrator to share some information related to an individual’s disability or disability accommodation with others (e.g., fellow students or co-workers).  For example, it might be appropriate for an instructor to announce to the class that a lecture is being recorded as a disability accommodation for a student in the class or for a supervisor to ask that employees in a unit refrain from wearing perfume as a disability accommodation for an employee in the unit.  In such cases, a responsible administrator should prepare a communication plan, in consultation with the individual seeking accommodation and the campus Disability Resources office, as appropriate.  If possible, this communication plan should not identify the individual seeking accommodation. 

19. What else can a responsible administrator do to support the University’s policy for accommodating disability?
    • Do not reject a request for accommodation for a disability-related reason while making the same accommodation for another individual for a non-disability-related reason, except when there are legitimate reasons for the difference in approach.
    • Take care not to treat a request for accommodation as a burden or a special favor. Be thoughtful that an individual seeking accommodation may perceive that a responsible administrator is biased against them because of their disability or accommodation request if they learn that the responsible administrator has complained about the effort it takes to engage in the interactive process or about the difficulty of providing accommodations.
    • Do not retaliate against an individual for requesting an accommodation for disability. Retaliation is prohibited. 
    • Share information about how to request a reasonable accommodation for disability, e.g., on a syllabus or in communications to employees or students.
    • Provide classroom, workplace, and online materials that are accessible.

Accommodations for Students

20. Can instructors refuse to provide a student with a reasonable accommodation that has been identified by the campus Disability Resources office? 

    Instructors are encouraged to implement the accommodations identified by the campus Disability Resources office.  Still, an instructor may decline to implement an accommodation identified by the campus Disability Resources office and instead offer an alternative accommodation that would similarly reduce the access barrier caused by the student’s disability.  Alternately, an instructor may determine that an identified accommodation is unreasonable and decline to implement the accommodation, where the accommodation would compromise the essential elements of the course or other academic activity.  In this case, the instructor must work with the campus Disability Resources office to engage in the interactive process with the student to facilitate the identification and implementation of alternate reasonable accommodations to the extent possible.

21. How can instructors create more accessible courses for all students and reduce the need for some individualized accommodations?
    • Post presentation slides in advance, as this assists in meaningful notetaking and integration of course content. To support review of materials, keep presentation slides available on an ongoing basis. Alert students when you have added new materials or have made changes to deadlines, assignment instructions, readings, etc. in the syllabus and/or course site.
    • Learn how to create accessible materials for all students in your courses. Use the Accessible U: Cultivate Inclusion website to learn about digital accessibility. Learn how to create accessible web content, slide decks, documents, PDFs and more through the Digital Accessibility Badging Program.
    • Review the DRC Instructor FAQs which provide information about creating accessible learning environments and working with students registered with the campus Disability Resources office.
    • Upon receipt of an accommodation letter, work directly with the student and their access consultant(s) to establish shared expectations and avoid confusion about how the accommodations will be implemented without compromising core learning objectives or essential requirements in your course. 
    • Consider seeking volunteer note-takers for each class session, so that notes can be posted to the course website. Establish a collective class note-taking document that is shared for each class session. 
    • When using media, make sure to choose media that is accurately captioned and/or use tools like Katura to add and edit captions.
    • Use multiple methods to assess competencies and offer multiple ways for students to demonstrate knowledge. For example, consider a “choose your own assignment” approach where students can choose to complete a research paper, lit review, creative project, or narrated slides.
    • Consider creative ways to approach deadlines. Options might include establishing soft (preferred) and hard (final) deadlines; providing each student with a one time “late work” extension; offering deadline windows (days/week) instead of one date; or allowing students to establish deadlines, as appropriate. 
    • Offer multiple ways for students to participate and engage in the course and class discussion (e.g., large or small groups, paired discussions, written reflections, chat/discussion boards posts, office hour meetings, virtual polls).
    • Incorporate project-based learning into your courses; one resource for this is the CEI Guide to Team Projects. Support student teams in developing roles and work practices that recognize and build upon one another’s strengths. On the Twin Cities campus, the Student Conflict Resolution Center’s DIY Group Work may also be a resource for supporting students in teams.
    • Record and post all synchronous class sessions so that students can review the sessions. Recordings allow students to pause, repeat, slow down, adjust speeds, and learn at their own pace.  
    • Make auto-transcripts available when facilitating class through Zoom. This provides another way for students to engage and follow along with the class session. Note that transcripts may need to be edited for accuracy.

Resources

22. What can an individual do if they believe they have not been provided reasonable accommodation for a disability?
    1. Contact the campus Disability Resources office as soon as possible if reasonable accommodations have not been provided at all or if they have not been implemented in an effective or timely way.  The campus Disability Resources office will facilitate further engagement in the interactive process with the individual and the responsible administrator.
    2. If, after actively engaging in the interactive process, the individual seeking accommodation believes that they are not being provided with reasonable accommodations, that individual can:
       • notify the supervisor of the responsible administrator who is failing to provide reasonable accommodation; and/or
       • contact the campus Equal Opportunity office to report a potential violation of Administrative Policy: Discrimination

23. What are the campus Disability Resources offices?

    Crookston Campus

    Subject	Contact	Phone	Email
    For employees	Disability Resource Center/UReturn	612-624-3316	[email protected]
    For students	Disability Resource Center	218-281-8587	[email protected]

    Duluth Campus

    Subject	Contact	Phone	Email
    For employees	Disability Resource Center/UReturn	612-624-3316	[email protected]
    For students	Disability Resources	218-726-6130	[email protected]

    Morris Campus

    Subject	Contact	Phone	Email
    For employees	Disability Resource Center/UReturn	612-624-3316	[email protected]
    For students	Disability Resource Center	888-866-3382

    Rochester Campus

    Subject	Contact	Phone	Email
    For employees	Disability Resource Center/UReturn	612-624-3316	[email protected]
    For students	Disability Resources	507-258-8058	[email protected]

    Twin Cities Campus

    Subject	Contact	Phone	Email
    For employees	Disability Resource Center/UReturn	612-624-3316	[email protected]
    For students	Disability Resource Center	612-626-1333	[email protected]

    The Crookston, Duluth, Morris, and Rochester campuses refer employees who may need disability-related accommodations to the Twin Cities UReturn Office.