An individual considered to have a disability is one who:

1. has a physical or mental impairment which substantially limits one or more of such person's major life activities,
2. has a record of such an impairment, or
3. is regarded as having such an impairment

is considered to be an individual with a disability under §504 and the ADA.

The determination of whether an impairment is a disability is to be made without regard to the ameliorating effects of mitigating measures according to the ADA Amendments Act of 2008 (ADAAA).

Conditions that Constitute "Physical or Mental Impairement"

Definitions of "Substantially Limit" and "Major Life Activity"

Functions such as caring for one's self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working are examples of major life activities. A major life activity includes the operation of a major bodily function (e.g., cellular, neurological, reproductive and immune systems) and is not limited to those which are central or of primary importance to individuals' lives. ADAAA.

Definition of a "Learning Disability"

The ADA does not define specific learning disabilities, nor does Section 504 attempt to expressly define specific learning disabilities. The implementing regulations suggest that the definition for specific learning disabilities contained in the Individuals with Disabilities Education Act ("IDEA") should be followed. "Specific learning disability" is defined in the IDEA as "those [individuals] who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such disorders include such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia." 20 U.S.C. §1401(a)(15). Attention Deficit Disorder (ADD) may or may not constitute a disability. A review of the medical documentation in each individual case is necessary.

Notes: The provisions of the IDEA apply to students between the ages of 3 to 21 who are attending pre-school, elementary and secondary schools. It does not apply to postsecondary educational institutions. Excluded from the definition of specific learning disability are individuals who have learning problems which are primarily the result of visual, hearing, or motor disabilities, or mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage. 20 U.S.C. § 1401 (a)(15).

Qualified Individual

A "qualified individual with a disability" is one who, with or without reasonable modifications to the rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

Students who seek accommodations from the University for a psychological or psychiatric impairment need to provide appropriate medical documentation to the Disability Resource Center (DRC). Determining whether a psychological/psychiatric disorder, e.g., schizophrenia or borderline personality, is a covered disability is generally resolved by reference to the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual (currently known as "DSM-IV"). A professional diagnosis must be made.

Court and administrative law decisions, in the employment context, have identified conditions that are not covered by either §504 or the ADA. For example:

1. Irresponsible behavior. Poor judgment, irresponsible behavior and lack of impulse control are not the types of problems that are disabilities. (For an example, a teacher dismissed for kissing a student failed in his defense that poor sexual impulse control was a disability under the ADA).
2. Occasional stress and other temporary disabilities. A distinction may be drawn between temporary and permanent disabilities. In many cases there is no need to accommodate where a condition is temporary, e.g., class specific stress. In order to qualify as a disability, a condition must "substantially limit" a major life activity. Extent, duration, and impact should be factored into each evaluation. Under the ADAAA, the protections of the law are extended to an individual with an impairment that is episodic or in remission, if the impairment would substantially limit a major life activity when active.
3. Sexual harassment. A person who sexually harasses others is not "handicapped" under federal law.

Pre-Admissions Determinations

Pre-admission inquiry as to whether a student is disabled is not permitted. But a school may seek information to make a determination that an individual can perform the essential functions of the academic program.

However, when deciding whether to admit a "qualified individual with a disability," ASU must make a factual determination as to whether the student meets the academic and technical standards requisite to admission or participation in the educational program or activity:

• if yes, then the student should be granted admission
• if no, then the university must determine whether a "reasonable accommodation" exists which will allow the individual to successfully participate in the academic program. An individualized determination must be made.

Admitted and/or Enrolled Students

Once a student is admitted or enrolled, it is the responsibility of the student to inform the University of any disabling condition if the student is requesting a reasonable modification. ASU may require the student to provide current medical documentation to substantiate the existence of the disability.

Students requesting accommodations for a disability should contact the Disability Resource Center. DRC assesses each student's individual needs, develops an individual academic program recommendation and refers the student to other university resources, as appropriate.

Refer also to SSM 701-02.

Students

Contact the Disability Resource Center (DRC).

Employees

Contact the Office of Equity and Inclusion.

Essential Eligibility and Safety Requirements for Programs or Activities

Academic requirements that are essential to the program of instruction being pursued by the student or to any directly related licensing requirement will not be regarded as discriminatory under §504 or the ADA. For example, the core course requirements for a specific degree program are essential while credits that are to be obtained through elective courses are not essential to the program of instruction and may be subject to modification. Standards that a college sets for admission into its academic program are entitled to deference as the correct statement of academic qualifications needed to perform at the college.

ASU must make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of disability, against a qualified student with a disability or applicant with a disability. Students must make a timely request for accommodation in order to support a claim for violation of the ADA or §504. Students who request academic adjustments and then fail to go to class cannot then complain about the adequacy of the adjustments.

Furthermore, the University may impose legitimate safety requirements necessary for the safe operation of its services, programs, and activities so long as the safety requirements are based upon actual risks, and not on mere speculation, stereotypes, or generalizations about individuals with disabilities. For example, for a geological sciences lab course that consists of field work in a remote canyon area that is inaccessible to motor vehicles, the university can require that students have the physical strength and stamina to hike in and out of the field site, navigate within the field site, and transport adequate water and scientific equipment and supplies.

Identifying/Determining and Implementing Reasonable Accommodation(s) or Modification(s)

Each case must be considered individually. Failure of a university or college to have appropriate policies in place to implement the protections of the ADA and §504 will be considered to be a violation by the Office of Civil Rights. Universities can establish reasonable standards and procedures for students to follow to obtain academic adjustments. ASU has adopted procedures which can be found at SSM 701. A student with a disability must exercise due diligence in seeking any requested academic adjustment. Conversely, delays in providing the requested accommodation can result in the university being found to have discriminated against the student. Students seeking accommodations must register with the Disability Resource Center (DRC). Staff will prepare an accommodation plan for each student based upon the student's particular disability(ies) and program of study. Discussion should occur with the student to learn what accommodations have worked in the past.

Auxiliary aids may be available to students with hearing, visual, or orthopedic impairments. A university has the right to choose the accommodation that is effective and will assist the student. The DRC oversees the identification of appropriate services and assistance for students with disabilities.

Refer to:

34 CFR §104.44 and 28 CFR §35.104

SSM 701

With regards to students, a fear of disruptive behavior may not be sufficient to deny readmission. However, colleges and universities are not required to retain or readmit a student with a disability whose behavior poses a direct threat to the safety of others. Furthermore, a college or university may be able to set conditions for readmission.

Refer to also:

• the safety information on this Web site
• SSM 104-02
• SSM 104-05
• SSM 201-10

If a dispute results from either the denial of a requested accommodation or the sufficiency of the accommodation that has been offered or provided by the University and the matter cannot be resolved between the College and the student, the student may contact the ADA Coordinator at 480.965.5057 (informal complaint) and/or file a written complaint (formal complaint) with that office within 120 days of the last act of alleged discrimination.

The Office of Equity and Inclusion will conduct an investigation into the complaint of disability discrimination as described in ACD 405 and ACD 401. See SSM 701-08. The report shall be forwarded to appropriate vice-president or designee for acceptance, rejection, or modification of the findings. The appropriate vice-president or designee will provide a copy of the determination to the complaining party, the party accused of violating the policy, and the appropriate university administrator.

For more information and resources, refer to:

ACD 401

ACD 405

ASU Counseling Services

Disability Resource Center (DRC)

Office of Equity and Inclusion

Office of Human Resources, Disabilities Information and Resources

Student Services Manual, "Disability Resources" section

Support Services for ASU Students

Web site Accessibility information on this Web site