Nondiscrimination Policy Regarding Individuals with Disabilities; Supersedes EM 94-047/Superceded by EM 07-009

Executive Memorandum 99-021

June 15, 1999

From: Manuel A. Esteban, President

Subject: Nondiscrimination Policy Regarding Individuals with Disabilities; Supersedes EM 94-047/Superceded by EM 07-009

On the recommendation of the Academic Senate and with the approval of Provost Scott McNall, I approve the attached policy for immediate implementation. This policy,which supersedes EM 94-047, effectively separates the nondiscrimination policy regarding individuals with disabilities from the nondiscrimination procedures. Because the procedures must fit federal, state, and case law and Chancellor's office directives, they will be issued as a Human Resources Operations document, which can be changed easily as federal or state laws change. The procedures portion of EM 94-047 will be issued as a Human Resources Operations document.

NONDISCRIMINATION POLICY REGARDING INDIVIDUALS WITH DISABILITIES

California State University, Chico is committed to the full inclusion of individuals with disabilities in all educational and operational aspects of campus life. In accordance with Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, CSU, Chico adopts this policy of nondiscrimination to ensure that any person with a disability will not, on the basis of that disability, be denied access to or enjoyment of any program, service, or opportunity provided by the campus.

Employees

Through its administrative representatives, CSU, Chico will recruit, hire, train, advance, and promote individuals in all job classifications without regard to physical or psychological disability except where such disability represents an essential bona fide occupational disqualification. Administrative representatives will ensure that individuals with disabilities are provided opportunities to compete for positions in the workforce, encouraged to aspire for promotion, and considered as promotional opportunities arise. Administrative representatives will ensure that personnel actions, such as benefits, compensation, layoffs, training programs, educational assistance, and social-recreational programs, will be administered without regard to disability except where the disability represents a bona fide occupational disqualification.

As an employer, the University will make reasonable accommodations for an otherwise qualified person with a known disability unless providing such accommodations would impose an undue hardship as described by law.

Students

As an institution of higher education, the University will provide reasonable accommodations to students with disabilities in campus-sponsored academic programs, activities, and services unless such provisions would impose an undue hardship on the University as described by law or cause a fundamental alteration of the course, program, activity, or service.

General Public

At University-sponsored events, CSU, Chico will provide reasonable accommodations to members of the general public with disabilities unless doing so would create an undue hardship as described by law or cause a fundamental alteration of the program, activity, or service.

It will be a violation of this policy to dismiss, discharge, expel, penalize, discipline, harass, adversely alter academic grades, or otherwise discriminate against any student, faculty, or staff member because he/she has opposed any discriminatory practice, filed an internal or external complaint of discrimination, or testified or assisted in any proceeding in accordance with this policy.

Policy Implementation

The authority and responsibility for assuring compliance with this policy rests with the University President. General oversight has been delegated to the Director of Employment Practices and Affirmative Action. The Director is responsible for providing information and services and for monitoring campus compliance relating to disability issues. Faculty, deans, department chairs, program directors, managers, and supervisors, in coordination with the Office of Disability Support Services and the Director of Employment Practices and Affirmative Action, share responsibility for receiving, documenting, and ensuring prompt response to requests for accommodations. Questions or concerns regarding this policy or accommodations for faculty and staff may be referred to the Director of Employment Practices and Affirmative Action. Detailed information and assistance regarding accommodations for students may be obtained from the Office of Disabled Student Services. Information regarding accommodations for public individuals may be obtained from the Public Events Office.