Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-7 - University Employees and Benefits › Section 3356-7-02 - Americans with Disabilities Act (ADA)

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement. Youngstown state
			 university is committed to providing reasonable accommodations for qualified
			 individuals with disabilities in a fair and equitable manner and in accordance
			 with Section 504 of the Rehabilitation Act of 1973 and the Americans with
			 Disabilities Act (ADA) of 1990, as amended, and other applicable federal and
			 state laws (hereinafter applicable law[s]). Ensuring an accessible and
			 inclusive educational and work environment is the responsibility of every
			 member of the university community.
(B) Purpose. To provide common understandings
			 of definitions, relevant information, and uniform guidelines to promote a work
			 and educational environment at Youngstown state university that is free from
			 discrimination and harassment and fosters university compliance with federal
			 and state law pertaining to qualified individuals with disabilities.
(C) Scope. This policy applies to current and
			 prospective students and employees and to visitors and guests of the
			 university. All personnel who are responsible for the implementation of the
			 university's mission are charged to support this policy.
(D) Definitions.
(1) "Disability." A physical or mental
			 impairment that substantially limits one or more major life activities of the
			 individual; a record of such an impairment; or being regarded
			 as having
			 such an impairment.
(2) "Major life
			 activities." Major life activities include, but are not limited to: caring for
			 oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking,
			 standing, lifting, bending, speaking, breathing, learning, reading,
			 concentrating, thinking, communication, and working. A major life activity also
			 includes the operation of major bodily functions.
(3) "Major bodily functions." Major bodily
			 functions include, but are not limited to: functions of
			 the immune system, normal cell growth, digestive, bowel, bladder, neurological,
			 brain, respiratory, circulatory, endocrine, and reproductive systems.
(4) "Reasonable accommodation." A change or
			 modification to a job, work, or academic environment or university program
			 which does not impose an undue hardship on the university and enables a
			 qualified individual with a disability to enjoy the same opportunities and
			 benefits as others without disabilities. Examples of reasonable accommodation
			 can include:
(a) Acquiring auxiliary aids and
			 services.
(b) Modifying equipment,
			 devices, or schedules.
(c)
			 Adjusting or modifying examinations, training materials, or policies.
(5) "Qualified individual." An
			 individual who, with or without reasonable accommodation(s), meets the
			 eligibility requirements for employment, educational programs or other
			 university-sponsored programs and activities such that
			 they
			 can perform the essential functions of an employment position or
			 meet the
			 essential requirements of an educational program or activity.
(6) "Essential function/requirement." A
			 fundamental duty of an employment position or a core requirement of a program
			 or activity. A number of considerations impact whether a function/ requirement
			 may be considered essential, including but not limited to:
(a)
										A requirement is basic to a position or
			 program or any directly related licensing requirement.
(b) If the job/position exists to perform
			 that function.
(c) There are a
			 limited number of employees available who can perform that function.
(d) The function is highly specialized such
			 that the incumbent in the position is hired for their
			 expertise or ability to perform the particular function.
(7) "Undue hardship." Action which requires
			 significant difficulty or expense when considered in light of the nature and
			 cost of the accommodation in relation to the size, resources, nature, and
			 structure of the university's operation, or which would fundamentally alter the
			 nature or structure of a program, operation, or employment unit.
(8) "Interactive process." The
			  communicative process to identify
			 the limitations resulting from a disability and potential reasonable
			 accommodations.