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ACCESS STATEMENT:
Kingsborough Community College of The City University of New York is committed to
providing access, equal opportunity and reasonable accommodation in its services,
programs, activities, education and employment for individuals with disabilities.
CONTACT PERSONS:
For requests for reasonable accommodations, please contact the following:
For job applicants and employees: Ms. Mickie Driscoll, Office of Human Resources and
Labor Relations, Room A-201, Tel. No. 718-368-5436.
For students: Mrs Stella Woodroffe, Office of Special Services, Room D-205, Tel. No.
718-368-5175.
For special events: Mr. Paul Winnick, Events Technical Services, Room A-209, Tel.
No. 718-368-5028.
For campus facilities, Mr. Anthony Corazza, Office of Campus Facilities, Room P- 205,
Tel. No. 718-368-5099.
For parking and safety issues: Lt. Greene or Lt. Lazarini , Office of Campus Security
and Public Safety, Room L-202, Tel. No. 718-368-5069
For occupational safety and hazards issues: Mr. Anthony Corazza , Campus OSHA Office,
Room 3-304, Tel. No. 718-368-4778
For consultation on ADA/504 policy and procedures: Arlene Peterson Chief Diversity
Officer, Room V-231, Tel. No. 718-368-6793
To request disability accommodation please give at least ten days notice in advance
to the above offices.
PROCEDURES FOR IMPLEMENTING REASONABLE ACCOMMODATION AT THE CITY UNIVERSITY OF NEW
YORK
SECTION I: OVERVIEW
The City University of New York, in compliance with Sections 503 and 504 of the Federal
Rehabilitation Act of 1973 ( Rehabilitation Act ), the Americans with Disabilities
Act of 1990 ( ADA ), New York State Executive Law 296, and the New York City Human
Rights Law, provides qualified individuals with disabilities the opportunity to participate
in programs, activities, or employment.
SECTION II: RESPONSIBILITY FOR IMPLEMENTATION
The President of each constituent college of The City University of New York, the
Senior Vice Chancellor for the Central Office and the Dean of the Law School are responsible
for the implementation of these procedures.
Each University unit has a 504/ADA Compliance Coordinator who has responsibility for
coordinating efforts to ensure access and non-discrimination for individuals with
disabilities.
The Human Resources Director along with supervisors of each constituent college of
The City University of New York is responsible for making arrangements to provide
reasonable accommodations to applicants for employment and current employees.
Each University unit has a Student Disabilities Services Coordinator who has responsibility
for providing services and coordinating efforts to ensure access to programs and activities
for students with disabilities.
SECTION III: PROCEDURES FOR REQUESTING AN ACCOMMODATION
- Applicants for Employment
As part of a standard acknowledgment letter, individual applicants are to be instructed
to contact the college's Director of Human Resources if an accommodation is needed
to participate in the application/interview process. The Human Resource Director will
make arrangements with the appropriate individuals to provide a reasonable accommodation.
Upon initial hire, each employee is given the opportunity to self identify as a person
with a disability and to request a reasonable accommodation. The self-identification
form is to be circulated annually by Human Resources to all current employees to permit
the self-identification of employees who may have become disabled subsequent to initial
hire.
An employee should make any initial request for accommodation to her/his immediate
supervisor. Alternatively, an employee may direct his/her request to the Director
of Human Resources at the site. In either case, consultation between the employee's
supervisor and the Director of Human Resources should take place to determine whether
the requested accommodation, or an alternate accommodation, is appropriate and should
be implemented. Appropriate supporting documentation should be provided to the Human
Resources Director. If the proffered accommodation is acceptable to the employee,
the Human Resources Director should inform the 504/ADA Compliance Coordinator of the
nature of the accommodation.
When an accommodation is complex or requires college expenditures, the supervisor
and the Human Resources Director are required to obtain the input of the 504/ADA Compliance
Coordinator and/or other college officials. Such consultation shall be confidential,
and limited to those officials whose input is necessary to the decision.
Employees may consult with the college's 504/ADA Compliance Coordinator at any time
to discuss and understand their rights under the Rehabilitation Act, the ADA and state
and local legislation, and they are encouraged to do so.
Brochures/flyers announcing specific public programs should include a statement identifying
the person to contact if an accommodation is needed. The time frame, by which such
a request must be made, e.g. forty-eight hours in advance, must be included in the
statement. A visitor should make any initial request for accommodation to the individual
designated on the flyer. The designee should consult with appropriate college officials
to determine the feasibility of granting the requested accommodation. Such consultation
shall be confidential, and limited to those officials whose input is necessary to
the decision. If the proffered accommodation is acceptable to the visitor, the designee
should inform the 504/ADA Compliance Coordinator of the nature of the accommodation.
A student should make an initial request for accommodation to the Office of Services
for Students with Disabilities, and provide appropriate supporting documentation.
The Student Disabilities Services Coordinator may consult with appropriate college
officials such as the instructor or provost to determine the appropriateness of the
requested accommodation consistent with the program requirements. Such consultation
shall be confidential, and limited to those officials whose input is necessary to
the decision.
Students may consult with the Office of Services for Students with Disabilities or
the 504/ADA Compliance Coordinator at any time to discuss and understand their rights
under the Rehabilitation Act, the ADA, and state and local legislation, and they are
encouraged to do so.
SECTION IV: REVIEW OF ACCOMMODATION REQUESTS/DECISIONS
Applicants for Employment
Applicants whose request for accommodation is denied or who do not agree with a proposed
accommodation for the application/interview process, will inform the Human Resource
Director. The Human Resource Director will inform the 504/ADA Coordinator who will
make the final decision and inform the applicant of the decision.
Current Employees
If an employee does not agree with a proffered accommodation, the employee may discuss
the situation with the 504/ADA Compliance Coordinator who will review the matter and
attempt to resolve it. The Compliance Coordinator may designate one or two members
of the 504/ADA Committee to assist in this effort. If the matter is not resolved,
the employee may exercise any and all rights available under law without fear of retaliation.
If the employee is a union member, the employee may wish to discuss this situation
with his/her union representative and exercise any rights available under the collective
bargaining agreement. The Compliance Coordinator will keep the President apprised
of the matter.
Visitors
If a visitor finds a proffered accommodation unacceptable, the visitor may discuss
the situation with the 504/ADA Compliance Coordinator. The Compliance Coordinator
shall make the final decision after consultation with the college President.
Students
If a proffered accommodation is unacceptable to the student, the student may discuss
the situation with the 504/ADA Compliance Coordinator who will review the matter and
attempt to resolve it. The college 504/ADA Compliance Coordinator may designate one
or two members of the 504/ADA Committee to assist in this effort. If the proffered
accommodation is still unacceptable, the college Compliance Coordinator will apprise
the college President of the issues and the college Compliance Coordinator's recommendation.
The President shall make the final decision.
SECTION V: DATA COLLECTION/RECORD KEEPING/COMMUNICATION
The 504/ADA Compliance Coordinator is responsible for collecting the information on
all accommodation requests including the number made and type of accommodation provided
to employees. Likewise, the Student Disability Services Coordinator is responsible
for collecting the information on all accommodation requests including the number
made and type of accommodation provided to students. Whether records are maintained
on paper or computer, they should be kept in a secure location and protected from
damage or loss.
There are very strict limitations on the use of medical information obtained through
the reasonable accommodation process. All requests for accommodation and all supporting
information, including but not limited to medical information, are to be considered
confidential and shared with college officials only on a need-to-know basis. Any medical
documentation submitted or obtained may only be used to evaluate the request for accommodation.
Medical records for employees must be kept in a separate file in the Human Resources
Department. Medical records for students are to be kept in a separate file and maintained
in the Office of Services for Students with Disabilities.
Applicants and employees, students and visitors may avail themselves of their legal
rights to complain to non-CUNY agencies, without fear of retaliation. An updated list
of these non-CUNY agencies may be obtained from the college's AA/EEO Office.
The University reserves the right to alter, change, add to, or delete any of these
procedures at any time without notice.
FREQUENTLY USED TERMS
Disability Definitions
The Rehabilitation Act of 1973. The term disability means a physical or mental impairment that constitutes or results in a substantial
impediment to employment; or a physical or mental impairment that substantially limits
one or more major life activities. 29 USC 705(9). Individual with a disability [T]he term individual with a disability means any person who (i) has a physical or mental impairment which substantially limits
one or more of such person's major life activities; (ii) has a record of such an impairment;
or (iii) is regarded as having such an impairment, 29 USC 705(20)(B).
The Americans with Disabilities Act. The term disability means, with respect to an individual (A) a physical or mental impairment that substantially
limits one or more of the major life activities of such individual; (B) a record of
such an impairment; or (C) being regarded as having such an impairment. 42 USC 12102(2).
New York State Human Rights Law. The term disability means (a) a physical, mental or medical impairment resulting from anatomical, physiological,
genetic or neurological conditions which prevents the exercise of a normal bodily
function or is demonstrable by medically accepted clinical or laboratory diagnostic
techniques or (b) a record of such an impairment or (c) a condition regarded by others
as such an impairment, provided, however, that in all provisions of this article dealing
with employment, the term shall be limited to disabilities which, upon the provision
of reasonable accommodations, do not prevent the complainant from performing in a
reasonable manner the activities involved in the job or occupation sought or held.
Executive Law 292(21).
New York City Administrative Code. The term physical or mental impairment means a physiological disorder or condition, cosmetic disfigurement, or anatomical
loss affecting one or more of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genito-urinary; hemic and lymphatic; skin and endocrine; or a mental or
psychological disorder, such as mental retardation, developmental disability, organic
brain syndrome, emotional or mental illness, and specific learning disabilities. It
includes, but is not limited to, such diseases and conditions as orthopedic, visual,
speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, alcoholism, substance abuse, and drug
addition. Admin. Code 8-102(16)(b).
Section 503 Section 503 of the Rehabilitation Act of 1973, administered by the U.S. Department
of Labor's Office of Federal Contract Compliance Programs, applies to all federal
contractors and subcontractors with contracts of $10,000 or more. It mandates affirmative
action to employ and advance in employment, qualified people with disabilities. In
addition, it requires all recipients with 50 or more employees and one or more federal
contracts of $50,000 or more to prepare and maintain affirmative action programs.
Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified
individuals with disabilities in federally funded programs and activities. The Justice
Department's Disability Rights Section is responsible for coordinating government-wide
efforts to comply with Section 504.
The Americans with Disabilities Act The Americans with Disabilities Act (ADA) guarantees disabled people access to employment,
public accommodations, transportation, public services and telecommunications. The
ADA provides comprehensive federal civil rights protection for people with disabilities.
New York State Human Rights Executive Law 296 Executive Law 296(1)(a) makes it an unlawful discriminatory practice for an employer
to refuse to hire or employ or to bar or to discharge from employment a disabled individual
or to discriminate against such individual in compensation or in terms, conditions
or privileges of employment. Executive Law 296(3)(a) requires an employer to provide
reasonable accommodations to the known disabilities of an employee, prospective employee
in connection with a job or occupation sought or held or participation in a training
program. Executive Law 296(b) provides that nothing contained in this subdivision
shall be construed to require provision of accommodations that can be demonstrated
to impose an undue hardship on the operation of an employer's business program or
enterprise. Executive Law 296(7) makes it unlawful discriminatory practice for any
person engaged in any activity to which this section applies to retaliate or discriminate
against any person because he or she has opposed any practices forbidden under this
article or because he or she has filed a complaint, testified or assisted in any proceeding
under this article.
ADA/504 Compliance Coordinator The 504/ADA Compliance Coordinator is appointed by the President. This person is responsible
for:
- Monitoring the college for 504/ADA compliance
- Resolving issues before they become potential grievances
- Making sure that disabled employees are accommodated
- Making sure that disabled students receive the same opportunities that other students
receive in the most integrated fashion
- Providing training to those who must interact with the disabled.
504/ADA Committee The 504/ADA Committee serves as an advisory committee to the 504/ADA Coordinator.
The committee assists in formulating new ideas and monitoring the College for 504/ADA
Compliance. The Committee is comprised of representatives from various divisions,
departments, programs, and services that make up the College. The Coordinator for
Disabled Student Services is a member of the committee.
Reasonable Accommodations The term reasonable accommodation means actions taken which permit an employee or
prospective employee with a disability to perform in a reasonable manner the activities
involved in the job or occupation sought or held and include, but are not limited
to, provision of an accessible worksite, acquisition or modification of equipment,
support services for persons with impaired hearing or vision, job restructuring and
modified work schedules; provided, however, that such actions do not impose an undue
hardship on the business, program or enterprise of the entity from which action is
requested. New York State Human Rights Executive Law 292(21-e)
(Effective June 1, 2005)
MS/U:504/Procedures.Reasonable.Accommodations
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