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Policy Contact: Office Human Resources – SDSU ADA Coordinator

1. Purpose

   The University is committed to fostering and maintaining an accessible institution. This policy and its procedures facilitate University compliance with the applicable requirements of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, state law, and their implementing regulations and amendments thereto.

2. Definitions
    
   1. Americans with Disabilities Act (“ADA”): A wide-ranging federal civil rights law that prohibits discrimination based on disability.
       
   2. Disability: A physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment, as defined by the ADA at 42 U.S.C. § 12102 et seq.
       
   3. Qualified Individual with a Disability: An individual with a disability who, with respect to education, meets the standards set forth in 42 U.S.C. § 12132, or any amendments thereto and regulations derived therefrom; or, with respect to employment, a person with a disability who meets the standards articulated in 42 U.S.C. § 12111, or any amendments and regulations derived therefrom.
       
   4. Reasonable Accommodation: a modification or adjustment to a policy, procedure, or practice that would not fundamentally alter the same, including an auxiliary aid or service, necessary for a qualified individual with a disability to enable the individual to: 1) participate in educational programs and activities; 2) perform the essential functions of a job; 3) apply for admissions or apply and interview for employment; 4) access University facilities and events; or 5) have equal use and enjoyment of a University residence hall. Any accommodation that poses an undue hardship is not a reasonable accommodation.
       
3. Policy
    
   1. In accordance with the ADA, Section 504 of the Rehabilitation Act, and applicable state law, and consistent with SDBOR and University policies on prohibited discrimination and harassment, the University prohibits discrimination in employment and educational programs against qualified individuals with disabilities. The University complies with the applicable accessibility standards and shall provide reasonable accommodations or academic adjustments when necessary, and these accommodations and adjustments shall be made in a timely manner and on an individualized and flexible basis.
       
   2. The University ADA Coordinator, or successor, serves as the principal planning and compliance coordinator for University programs, policies, and procedures to facilitate University compliance under the ADA, Section 504 of the Rehabilitation Act, applicable state law, and SDBOR and University policies for persons with disabilities. Responsibilities of the ADA Coordinator include, but are not limited to:
      1. Maintaining current information regarding state and federal laws and regulations;
      2. Understanding and communicating best practices on rights and accommodations for persons with disabilities;
      3. Ensuring University-related information is readily available on services, accommodations, policies, and demographics related to persons with disabilities;
      4. Providing required notices about ADA/504 requirements;
      5. Coordinating University information and responsibilities relating to responses to requests for employment accommodation, employment modifications, and employment policies for employees with disabilities;
      6. Ensuring appropriate coordination and maintenance of University information and responsibilities for responses to University student requests for accommodation;
      7. Facilitating compliance with the ADA, applicable legislation, and policies regarding campus accessibility issues in collaboration with other offices;
      8. Ensuring University ADA grievance policies are established, maintained, and applied.
      9. Providing or coordinating programming, training, and advice on compliance to all sectors of the University community;
      10. Assisting University purchasing processes with review of digital products for accessibility standards when a Voluntary Product Accessibility Template (VPAT) is not in place;
      11. Collaborating as a resource with the University Title IX/EO Office; and
      12. Monitoring the University’s compliance with equal access and opportunity obligations with regard to individuals with disabilities.
           
   3. The University's Director of the Office of Student Accessibility, or successor, is responsible for organizing the University’s responses to requests for accommodation and provision of housing and academic services that support the needs of students with disabilities.
       
   4. In accordance with University Policy 2:7, Instructional Design Services is responsible for working with academic personnel and the ADA Coordinator to provide training, support, review, and information related to digital content accessibility standards.
       
   5. The University Office of Human Resources is responsible for coordinating the University's responses to related employment issues such as hiring processes; job performance and evaluation; benefits including vacation, personal, and sick leave; and University compliance with state and federal employment laws such as the ADA, FMLA, and Workers' Compensation.
       
   6. The University Facilities and Services Office is responsible for promoting compliance with campus physical and architectural access.
       
   7. In accordance with University Policies 5:35 and 7:12, University Purchasing is responsible for working with the Vice President for Technology and Security, or designee, and the ADA Coordinator for prior review of digital resources for digital accessibility compliance and that the related purchasing contracts are legally compliant and contain all required accessibility certifications and clauses acceptable to the State of South ��ֱ����, SDBOR, and University.
       
   8. The Offices of Information Technology and University Marketing and Communications are responsible for identifying, implementing, maintaining, and renewing accessible information systems, including but not limited to, web presence, academic support systems, administrative information infrastructure, and purchased digital resources; and ensuring accessibility for students, faculty, staff, and public users in accordance with the ADA, Section 508 of the Rehabilitation Act, and the W3C Web Content Accessibility Guidelines (WCAG 2.1 AA) or successor standards.
       
   9. The ADA Coordinator is responsible for chartering, organizing, and overseeing a University Advisory Team. This team is charged with working collaboratively with the campus community to advise on issues related to ADA/504 compliance and will assist the ADA Coordinator in identifying areas for university-wide growth in accessibility efforts.
       
   10. Requests for reasonable accommodations shall be processed in accordance with the South ��ֱ���� Human Relations Act of 1972, SDCL Ch. 20-13, Titles I and II of the Americans with Disabilities Act, amendments thereto, and their implementing regulations, and Section 504 of the Rehabilitation Act, as applicable.
        
   11. The University shall provide reasonable accommodations in employment to a qualified individual with a disability unless the accommodation poses a direct threat to the health and safety of the individual or others that no reasonable accommodation would eliminate or reduce to an acceptable level.
        
   12. With regard to education, the University shall provide reasonable accommodations to a qualified individual with a disability to enable the individual to meet essential elements of the academic program, unless no reasonable accommodation would eliminate a significant threat to the health and safety of others posed by the individual participating in the academic program.
        
   13. Any department or University-recognized organization that coordinates or sponsors an activity or event open to the University community, campus visitors, or the public shall promote a clear process by which an individual may request accommodation in advance of need, shall provide reasonable accommodation for the event, and shall work in consultation with the University ADA Coordinator, Office of Human Resources, or the Office of Student Accessibility to determine such a process or identify resources to meet accommodation requests.
        
   14. Individual students, faculty, staff, campus visitors, or members of the public are responsible for identifying themselves as a qualified individual with a disability when seeking an accommodation or adjustment. It is also the responsibility of individual students, faculty, and staff to document their disability and to demonstrate how the disability limits their ability to complete the essential functions of their job or how the disability limits a student’s participation in academic programs or activities of the University.
        
   15. Students, faculty, and staff who receive reasonable accommodations must maintain institutional standards of performance.
        
   16. Retaliation against a qualified individual with a disability for utilizing this policy and any provisions established thereunder is prohibited.
        
4. Procedures
    
   1. Employee-Initiated Requests for Reasonable Accommodation
      1. A qualified individual employee with a disability who seeks accommodation or other work modification will request reasonable accommodation to their supervisor and notify the Office of Human Resources designee. The Human Resources designated staff shall be responsible for ensuring application of a fair and consistent process for verifying a disability and providing reasonable accommodation and for maintaining the University's employment records that relate to the disclosed disability. The Human Resources designated staff will interact with employees, supervisors, and administrative decision-makers to facilitate communication and agreement about accommodation for employees with disabilities. The Human Resources designated staff will consult with the ADA Coordinator with any questions regarding application of appropriate reasonable accommodations.
      2. The Human Resources designated staff shall verify that the individual is a qualified individual with a disability and coordinate the University's response when determining an appropriate accommodation. Every effort will be made to balance the need for employees or representatives of the University to have information in order to fulfill an accommodation request and the disabled individual's interest in maintaining privacy of protected health information.
          
   2. Student-Initiated Requests for Reasonable Accommodation
      1. Students with disabilities who seek reasonable accommodation must register with the Office of Student Accessibility, or successor unit, for assistance with identifying appropriate housing or academic adjustments and resources. The Office of Student Accessibility shall be responsible for ensuring application of a fair and consistent process for verifying a disability and for providing reasonable accommodation and for maintaining the University's educational records that relate to the disclosed disability. The Office of Student Accessibility will interact with students, faculty, and staff to facilitate communication and to coordinate accommodation and services for students with disabilities. The Office of Student Accessibility will consult with the ADA Coordinator with any questions regarding application of appropriate reasonable accommodations.
      2. The Office of Student Accessibility shall verify that the individual is a qualified individual with a disability and coordinate the University's response when determining an appropriate accommodation.
          
   3. Applicant-Initiated Requests for Reasonable Accommodation
      1. Qualified individuals who require reasonable accommodation to access or submit an application for employment should contact the Office of Human Resources.
      2. Prospective students who require reasonable accommodation to access or submit an application for any academic program, financial aid, housing, or co-curricular program should contact the Office of Student Accessibility.
          
   4. Public-Initiated Requests for Reasonable Accommodation
      1. Individuals who require reasonable accommodation to access or participate in any University program should contact the Office of Human Resources (ADA Coordinator), or successor unit. Concerns about physical or architectural access may be communicated to the ADA Coordinator where they will be redirected to the appropriate University office.
          
   5. Review of Decisions to Deny Requested Accommodations
      1. In the event that a reasonable accommodation cannot be agreed upon or is denied, individuals may seek review of a department’s or unit’s decision to deny implementation of a requested accommodation.
      2. With regard to education: Review of decisions to deny requests for accommodation in an educational program or activity may be made to the Director of Student Connection and Engagement, or successor, who will work with the student to attempt to resolve the matter informally. If an informal resolution is not possible, the student shall forward the request for review to the Dean of Students. If the issue remains unresolved, the student may contact the Title IX/EO Coordinator per SDBOR Policy 1.4.3.
      3. With regard to employment: Review of decisions to deny requests for accommodation in the application process or workplace may be made to the University ADA Coordinator, who will attempt to resolve the dispute informally through interactive dialogue with all parties involved and in consideration of the entire situation. In the event that an informal resolution is not possible, the ADA Coordinator shall forward the request for review to the Title IX/EO Coordinator per SDBOR Policy 1.4.3.
      4. Although the preferred accommodation will be provided where reasonable, planning units may provide reasonable alternative accommodation where appropriate.
      5. Federal disability law requires that any accommodation be evaluated in light of the total resources and function of the University and not simply from a given department’s resources or function.
          
   6. Digital Accessibility
      1. The Office of Information Technology is responsible for ensuring that suppliers seeking to develop or provide University IT are aware of this policy and that contracts with such vendors hold them accountable to the applicable standards set forth above to the fullest extent possible. The ADA Coordinator will review contracts for University IT to ensure compliance with this provision.
          
   7. Discrimination
      1. Individuals who believe that they have been discriminated against in any education program or activity or employment situation at the University on the basis of having a disability, a record of a disability, being regarded as disabled, or having association or affiliation with a person who has a disability, may file a complaint with the Title IX/EO Coordinator pursuant to this policy, SDBOR Policy 1.4.3, and University Policy 4:6.

5. Responsible Administrator

   The ADA Coordinator, successor, or designee is responsible for annual and ad hoc review of this policy and its procedures. The University President is responsible for approval of this policy.

Approved by President on 11/26/2019. Revised 09/12/2022 (clerical). Revised 01/29/2024 (clerical). Revised 11/21/2024 (clerical). Revised 02/02/2025 (clerical). Revised 02/20/2025 (clerical). Revised 07/18/2025 (clerical-BOR revisions). Revised, Approved by President on 09/30/2025. Revised 10/07/2025 (clerical).

Sources: ; ; ; University Policies 4:3 and 4:6