Faculty Responsibilities Regarding Disabilities
Congress has determined how we as a society should address equal access to education by passing federal civil rights statutes protecting the rights of persons with disabilities. Congress has been joined in this effort by most state legislatures as well. Faculty have been concerned about the "fairness" to other, nondisabled, students, however, the law has defined what must be done and what is "fair".
In addition, faculty should be aware that failure to cooperate in this effort might subject them to individual liability. In Howe v. Hull, 873 F. Supp. 72 (N.D. Ohio 1994), a doctor on call in the emergency room refused to treat a patient with AIDS, and his failure to treat resulted in significant delays and the person's condition worsening. The court held, "[a]n individual may be subject to personal liability under the ADA."
Faculty can and should raise appropriate questions, ones that involve such issues as whether a student is "qualified"; whether an accommodation would result in a fundamental alteration of the educational program or the course in question; or whether the faculty member is being asked to address a "personal need." The raising of questions by faculty is not in and of itself sufficient to support denials of requested accommodations, but they may lead to an institution's addressing a request more consistently and more thoroughly. It is important that faculty understand that they are responsible for assisting students in following the institution's policies, such as a requirement that all requests for accommodations be lodged with the Office of Disability Services and not with individual faculty members alone. In reality, this type of policy protects students, faculty and the institution by ensuring consistency; and it takes much of the burden off the individual faculty members, who are often not in a position to determine whether an accommodation is appropriate or how to provide it. Where faculty have not followed the institution's policies, knowingly or not, violations have been found. It is, therefore, the wise institution, which not only establishes policies for the delivery of accommodations, but also communicates them regularly to faculty and supports faculty members' use of them.
Faculty may not simply decide not to provide academic adjustments approved by the institution's mechanism for doing so, and where a faculty member's refusal to do so results in a failing grade, for example, the student must be able to retake the exam and receive an adjustment in her grade, if warranted.
Students are expected to take on a certain amount of responsibility for the securing of accommodations. Students can be expected to ask a professor to identify a fellow student to take notes, etc. But when this process does not prove successful (e.g. the professor fails to follow through, or no one volunteers to provide notetaker services), the institution must make it clear that it will take charge and work with the instructor to make sure that notetaking services are provided. In other words, students are not to be penalized (left without accommodations) because the system was unsuccessful in a particular situation. By the same token, the student is responsible for reporting back to the Office of Disability Services that the established procedure did not work out.
To cite another case, after a student alleged that a professor refused to provide enlarged copies of handouts, to orally describe information written on chalkboard, to provide access to computers, and other accommodations, OCR and the university entered into an agreement to remedy these allegations. Purdue University - Calumet, Case No. 05-95-2074 (OCR Region V, 1995). See also University of Pittsburgh, 8NDLR 180 (OCR 1995).
For other cases dealing with faculty's involvement in the accommodations process, see Big Bend Community College (WA), (Complaint No. 10-90-2035 (OCR Region X, 1991); Eastern Iowa Community College District, (Complaint No. 07-90-2-36) (OCR Region VII, 1991); Whittier College (CA), Complaint No. 09-94-2030-I)) (OCR Region IX, 1994).
This information is adapted from Distance Learning Link Teleconference - 2/26/98