305 No Discrimination of Persons with Disabilities
305.01 No Discrimination of Persons with Disabilities
No qualified person with a disability shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance.
Either directly or through indirect arrangements (e.g., contracts, licenses), a recipient:
- Shall not deny any qualified person with a disability the opportunity to participate in or benefit from any aid, benefits or services, which it provides.
- Shall not afford any qualified person with a disability with opportunities related to any aid, benefits, or services that are not equal to those afforded to others.
- Shall not provide any aid, benefits, or services to qualified persons with a disability that are not as effective as that provided to others. (To be "equally effective" an aid, benefit, or service need not produce an identical result or level of achievement for persons with or without a disability. However, it must afford persons with a disability equal opportunity to obtain the same result or level of achievement in the most integrated setting appropriate to the person's needs.)
- Shall not provide any different or separate aid, benefits or services to those with a disability unless such action is necessary to provide an aid, benefit or service that is as effective as those provided to others. (Despite the existence of separate or different programs or activities, qualified disabled persons shall not be denied the opportunity to participate in programs or activities that are not separate or different.)
- Shall not aid or perpetuate bias against a qualified person with a disability by providing any significant assistance to an agency, organization, or person that discriminates on the basis of disability against beneficiaries of the recipient's program.
- Shall not deny a qualified person with a disability the opportunity to participate as a member of planning or advisory boards.
- Shall not otherwise limit a qualified person with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others.
305.02 Employment Practices for Persons with Disabilities
- No qualified person with a disability shall, on the basis of a disability, be subjected to discrimination in employment under any program or activity. Institutions receiving assistance (recipients) under the Education of the Disabled Act (as amended by the Education for All Disabled Children Act of 1975) shall take positive steps to employ and advance in employment qualified disabled persons in programs assisted under the act.
- All of a recipient's decisions regarding employment under any program or activity shall be made in a manner which ensures an absence of bias based on a disability or any limitation, segregation, or classification of applicants of employees in any way that adversely affects their opportunities or status because of a disability. Recipients may not participate in any contractual or other relationship (including those with employment or referral agencies, unions, organizations providing or administering fringe benefits to employees, or organizations providing training or apprenticeship programs) that has the effect of subjecting qualified applicants or employees to bias prohibited by these regulations. Obligations to comply with these rules are not affected by any inconsistent term of any collective bargaining agreement to which the recipient is a party.
- Employment actions and decisions to which these rules apply include:
- Recruitment, advertising, and the processing of applications for employment.
- Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring.
- Rates of pay or any other form of compensation and changes in compensation.
- Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.
- Leaves of absence, sick leave, or any other leave.
- Fringe benefits available by virtue of employment, whether or not administered by the recipient.
- Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leave of absence to pursue training.
- Employer sponsored activities, including social or recreational programs.
- Any other term, condition, or privilege of employment.
- Reasonable accommodation: "A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program."
"Reasonable accommodation" may include: (1) making facilities used by employees readily accessible to and usable by persons with a disability, and (2) job restructuring, part-time or modified work schedules, acquisitions or modifications of equipment or devices, the provision of readers or interpreters, and other similar actions.
305.03 Students with Disabilities
Qualified students with a disability may not be subjected to discrimination in admission, housing, financial aid, extracurricular activities, employment, athletics, health, counseling, and placement. A qualified student is one who meets the academic and technical admissions criteria that are essential to participation in the particular program.
With certain exceptions, no pre-admission inquiries may be made concerning disability. The College does not establish limitations on the numbers of students with a disability that will be admitted or use criteria, which have a disproportionate impact on the disabled.
Students with disabilities will be provided with opportunities and benefits, which are equal to those, afforded others. To render this "main streaming" effective, the College has undertaken to modify unessential academic requirements, the length of time necessary to complete such requirements, alter examinations, and provide auxiliary aids.
Qualified students are generally permitted to participate in regularly offered physical education, athletic, and intramural sports programs. Separate programs are offered where necessary but in as integrated a setting as possible.
305.04 Aids Policy
A student with AIDS Related Complex (ARC), positive HTLV virus test, or Acquired Immune Deficiency Disease has the right to remain as a student at Brockport College.
An educational program involving students, faculty and staff under the direction of the AIDS Task Force will continue.
The College Health Center and the Counseling Center should provide appropriate service to persons with AIDS, ARC, or HTLV test positives.
Other than in situations where information is required to be provided by law, the College will provide information on AIDS patients only to physicians who are engaged in treating the patient.
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