Accommodations for Individuals with Disabilities

Notice Under the Americans with Disabilities Act (ADA)

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the State University of New York will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. For more information, including resources, contacts and complaint procedure, please read SUNY's Notice Under the Americans with Disabilities Act.

A disability, as defined in the Rehabilitation Act of 1973, is a physical or mental impairment which substantially limits one or more of a person’s basic life activities.
A disability may be visual, auditory, mobility, or other health related impairment, emotional difficulty, or learning disability either permanent or temporary.
The Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunication - including technology/internet access.
NYS Dept. of Civil Service’s Office of Diversity and Inclusion Management provides Procedures for Implementing Reasonable Accommodation for Applicants and Employees with Disabilities and Pregnancy-related conditions in NYS Agencies (pdf).
SUNY Delhi’s Designee for Reasonable Accommodations (DRA) is the Interim Director of Human Resources and is located in the Office of Human Resources.
The process of Requesting an ADA Reasonable Accommodation starts with either contacting the DRA - Interim Director of Human Resources, or by completing and submitting an Application for Reasonable Accommodation Form to the DRA.|

The Office of Human Resources can provide you with the form and procedure for Requesting an ADA Reasonable Accommodation by contacting Humanresources@delhi.edu or via telephone at 607-746-4495.

Process for Employee Accommodation

An employee who requires a reasonable accommodation for a disability may contact the college’s Office of Human Resources (OHR) to initiate the process. If a supervisor or department head is notified by an employee that a disability and/or medical condition is causing difficulties performing the job, it should be treated as a request to initiate the interactive process to determine if reasonable accommodations are warranted and the supervisor should contact the OHR.
To initiate the college’s formal reasonable accommodation process, the employee will complete and sign an Application for Reasonable Accommodation Form and have their physician/medical provider complete and sign a current Documentation of Disability Form (pdf). Both forms are available in the Office of Human Resources, and must be submitted together to the Interim Director of Human Resources/affirmative action officer prior to consideration for an accommodation.
A supervisor or department head who receives a direct or indirect request for an accommodation should initiate discussions with the employee to explore whether the employee is requesting assistance. If the employee's request can be easily accommodated and is of minimal cost ($100.00 or less) (e.g., ergonomic keyboard tray, ergonomic mouse, etc.), and the supervisor or department head determines that medical confirmation of the disability is not required, the supervisor or department head may fulfill the request on an informal basis, without consultation with, or approval from, the Interim Director of Human Resources/affirmative action officer. Questions about informal accommodations may be directed to OHR.
If the supervisor or department head believes that confirmation of the disability is required, the employee will be referred to OHR. The supervisor or department head may not request or review the employee’s medical documentation; rather, the documentation should be submitted directly to OHR to consideration of the reasonable accommodation request. The employee will provide OHR with appropriate documentation to establish the disability (as defined by state and federal regulations), including the functional limitations of the condition and/or a clear explanation of the need for a reasonable accommodation, and must substantiate any recommendations for accommodating the employee. The supervisor or department head will provide OHR with information concerning the essential functions of the position and other relevant or requested information necessary to assist OHR in developing a recommendation. An OHR representative may also review an employee’s medical documentation, as necessary, to verify the need for disability-related leaves, etc.
If approved, OHR will provide a recommendation as to reasonable accommodation(s) for the employee based upon information provided by the employee and their physician’s/medical provider’s documentation.
An alternative accommodation to the one requested by an employee can be made if it can be determined that the alternative accommodation effectively allows the employee to perform the essential functions of his/her position, and provides the same privileges and benefits as those enjoyed by other employees.

Note: An employee with a disability who does not require a reasonable accommodation is entitled to privacy with respect to their disability. If a supervisor or department head suspects that an employee's disability might be the cause of work-related or behavioral issues, the employee should not be questioned with respect to a disability or possible disability. The supervisor or department head may ask such employees, in general terms, whether measures could be taken to assist the employee; further, supervisor or department head may inform the employee of possible avenues of support and assistance.

Application for Employment Process

Individuals with disabilities (and disabled veterans) are invited to self-identify by indicating such during the application process, or later by completing a Voluntary Self-Identification of Disability. Submission of this information is voluntary. Refusal to provide it will not result in any adverse treatment.
Applicants who require reasonable accommodations with respect to applying and interviewing, or any aspect of the hiring process, should contact OHR to make arrangements.
OHR will not disclose confidential information regarding the applicant’s disability and will only share information necessary to implement the request.
The responsibility for requesting or initiating an accommodation request lies with the applicant. Upon receipt of the accommodation request (and supporting medical documentation, if appropriate), the OHR will determine if an accommodation is appropriate, and if so, what the accommodation will be.

Note: Interviews and/or other steps in the application process that require an applicant’s physical presence should be held at locations that are accessible to individuals with mobility impairments.

Interviewers may not ask questions or make comments related to an applicant’s disability. Interviewers may ask if or how applicants can perform the essential functions of a position with or without reasonable accommodations. If the applicant mentions during the interview that he or she has a disability that requires accommodation, the interviewer should state that the college provides reasonable accommodations, but should not inquire further as to the applicant’s disability.

Assistance from Committee

At the discretion of the OHR, a committee may be convened to review an application for a reasonable accommodation and make recommendations on the disposition of an application. In addition to OHR, the committee may include the following staff: director of facilities, director of safety and security, coordinator for access and equity, Vice President for Student Life, and the respective supervisor or department head.

Technical Assistance

The college may seek technical assistance from medical professionals, State or local rehabilitation agencies, or disability services to determine how best to address an individual’s accommodation request once authorization is received.

Confidentiality, Use and Storage

All documentation will be held private and maintained in a locked file in OHR. Documentation and reports from medical exams will be used to assist OHR in making an informed decision about the employee’s request for accommodation but may be used in situations involving disability leaves.

Notification

After a decision is made by OHR as to what is and is not appropriate accommodation (in accordance with State and federal regulations), the supervisor or department head will be notified prior to the employee receiving a written notification (sent via email and certified mail). OHR will generally notify the employee of the disposition of the request for an accommodation within three weeks of receiving all necessary information including appropriate medical documentation.

Denial of Request

An employee has the opportunity to appeal the denial of a reasonable accommodation request by submitting a written complaint to the Vice President for Student Life and Chief Diversity Officer. In cases where it is determined that an accommodation is not appropriate under the ADA, the CDO may still attempt to resolve the issues informally between the employee and the college.

Within seven days of the initial determination, the employee may submit a written response containing the reasons they are appealing the determination and other relevant information they wish to be considered in the appeal process.

For assistance with this procedure, please contact:
Trish Tyrell
Director of Human Resources
Office of Human Resources
Bush Hall, Delhi Drive
Delhi, NY 13753
tyrellpa@delhi.edu
607-746-4430

Academic Adjustments and Modifications for Students

SUNY Delhi has an obligation to make appropriate academic adjustments and reasonable modifications to policies and practices in order to allow the full participation of students with disabilities in the same programs and activities available to non-disabled students.
The Coordinator of Access and Equity Services, located in the Resnick Academic Achievement Center, coordinates reasonable modifications for students.
Students desiring academic adjustments and modifications must provide notice to their faculty members in advance.
Access and Equity Services will collect documentation of the student’s disability, and work with the student and faculty to develop an academic adjustment and modification plan for each semester.
It is important for faculty to document what academic adjustments and modifications are being made (or denied).
Students with disabilities have other rights regarding residence hall living, as protected under the federal Fair Housing Act.
Student resources are available at Access and Equity Services.

2019