Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-09 - Discrimination against persons with a disability in institutions of higher education

Current through all regulations passed and filed through July 1, 2024
(A) Applicability. This rule applies to
			 post-secondary education programs and activities, including post-secondary
			 vocational educational programs and activities as defined in section
			 4112.022 of the Revised
			 Code.
(B) Admissions and
			 recruitment.
(1) Generally. Qualified disabled
			 persons shall not be denied admission or be subjected to discrimination in
			 admission or recruitment on the basis of disability at an educational
			 institution covered by Chapter 4112. of the Revised Code.
(2) Admissions. In administering its
			 admission policies, an educational institution:
(a) May not apply limitations upon the number
			 or proportion of  persons
			 with a disability who may be admitted;
(b) May not make use of any test or criterion
			 for admission that has a disproportionate adverse effect on
			  persons with a disability or any class of
			  persons with a disability unless:
(i) The test or criterion, as used by the
			 educational institution, has been validated as a predictor of success in the
			 education program or activity in question; and
(ii) Alternate tests or criteria that have a
			 less disproportionate adverse effect are shown not to be available.
(c) Shall assure itself that:
(i) Admissions tests are selected and
			 administered so as best to ensure that, when a test is administered to an
			 applicant who has a disability that impairs sensory, manual, or speaking
			 skills, the test results accurately reflect the applicant's aptitude or
			 achievement level or whatever other factor the test purports to measure, rather
			 than reflecting the applicant's impaired sensory, manual, or speaking skills
			 (except where those skills are the factors that the test purports to
			 measure);
(ii) Admissions tests
			 that are designed for persons with impaired sensory, manual or speaking skills
			 are offered as often and in as timely a manner as are other admissions tests;
			 and
(iii) Admissions tests are
			 administered in facilities that, on the whole, are accessible to
			  persons with a disability; and
(d) Except as provided in paragraph (C) of
			 this rule, may not make preadmission inquiry as to whether an applicant for
			 admission is a  person
			 with a disability but, after admission, may make
			 inquiries on a confidential basis as to disabilities that may require
			 accommodation.
(3)
			 Preadmission inquiry exception. When an educational institution is taking
			 remedial action to correct the effects of past discrimination or when an
			 educational institution is taking voluntary affirmative action to remedy
			 conditions that have resulted in limited participation by qualified disabled
			 persons, the educational institution may invite applicants for admission to
			 indicate whether and to what extent they are disabled, provided that:
(a) The educational institution states
			 clearly on any written questionnaire used for this purpose or makes clear
			 orally if no written questionnaire is used that the information requested is
			 intended for use solely in connection with its remedial action obligations or
			 its voluntary affirmative action efforts; and
(b) The educational institution states
			 clearly that the information is being requested on a voluntary basis, that it
			 will be kept confidential, that refusal to provide it will not subject the
			 applicant to any adverse treatment, and that it will be used only in accordance
			 with this rule.
(4)
			 Validity studies. For the purpose of paragraph (B)(2)(b) of this rule, an
			 educational institution may base prediction equations on first-year grades, but
			 shall conduct periodic validity studies against the criterion of overall
			 success in the education program or activity in question in order to monitor
			 the general validity of the test scores.