Access for People with Disabilities

Policy

The Americans with Disabilities Act (ADA) defines a person with a disability as someone who;

• has a physical or mental impairment,
• has a record of such impairment, or
• is regarded as having such an impairment,

which substantially limits one or more major life activity such as self-care, walking, seeing, hearing, speaking, breathing, or learning.

Minnesota State University, Mankato is committed to providing an accessible, inclusive, and equitable environment for all students, staff, faculty, and visitors, including those with disabilities. We strive to remove barriers and provide appropriate accommodation to foster an inclusive learning and working environment.

Minnesota State University, Mankato will take proactive measures to ensure that all academic and non-academic programs, services, physical facilities, activities, and digital content are accessible and provide equitable access to individuals with disabilities.

Requests for accommodation must be initiated by the individual. Reasonable accommodation may include: alterations to rules, policies, or practices, removal of architectural or communication barriers, and/or the provision of auxiliary aids.  

Minnesota State, University Mankato has the right to refuse to provide accommodation that poses a direct threat to the health and safety of others, constitutes a substantial change or alteration to an essential element of a course or program, results in undue financial or administrative hardship to the University, or is considered a personal device or service (i.e. wheelchairs, hearing aids, personal transportation).

Procedure

Employee Process

Employees with disabilities do not have to report or identify themselves unless they want to request accommodations through the Human Resources Office at Benefits and Leaves.

A qualified individual is a person who, with or without reasonable modifications to 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 employment, receipt of services, or participation in a university program or activity. 

The accommodation process for employees is as follows:

• Employee reaches out to benefits-and-leaves@mnsu.edu requesting accommodations.
• Human Resource sends employee relevant forms if additional information is needed. (e.g. Accommodation Request Form and Authorization to Release Medical Information).
• Employee provides applicable information to Human Resources.
• Human Resources sends requests for information to the Medical Provider, if necessary.
• After sufficient information is received, Human Resources meets with the employee to continue the interactive process.

Student Process

Students with disabilities do not have to report or identify themselves to Accessibility Resources unless they want to request accommodations for disability barriers. To get started with the accommodation process:

• Log into MavAccess with your Star ID and complete the New Student Application. We will then contact you to schedule a meeting with our staff.

OR

• Schedule a meeting with staff in Accessibility Resources by:
• Calling 507-389-2825
• Emailing ar@mnsu.edu
• Stopping by Accessibility Resources in Memorial Library 132

Students may be asked to provide documentation of disability to help determine eligibility for accommodations. Documentation can be uploaded to MavAccess, emailed to ar@mnsu.edu, faxed to 507-389-1199, or brought with to the initial meeting.  All documentation requires provider authenticity. Templates are available at ar@mnsu.edu to give to providers if desired. For more information, see Documentation Guidelines. Any information or documentation regarding the disability is kept confidential. If a student does not have documentation, and it is needed, we will help during the initial meeting.

Students seeking accommodations for the admissions process should contact the admissions office directly.

Responsibilities of Students with Disabilities include:

• Follow specific Accessibility Resources procedures for obtaining reasonable and appropriate accommodation, including meeting timelines each semester.
• Abide by Minnesota State University, Mankato student conduct process.
• Meet the University’s qualifications and essential technical, academic, and institutional standards.

Responsibilities of Accessibility Resources include:

• Determine reasonable accommodation for each student based on the individual’s disability related needs.
• Assure the student receives appropriate accommodation.
• Support and consult with faculty and department staff regarding student disability accommodations as they relate to applicable laws.

Responsibilities of faculty and staff include:

• Understand and comply with the University’s policies and procedures for providing accommodation to students with disabilities.
• Notify students, through the class syllabi and/or departmental electronic and printed materials, that accommodation is available.
  • Sample paragraph to include on class syllabi: Minnesota State University, Mankato provides students with disabilities reasonable accommodation to participate in educational programs, activities, or services. Students with disabilities requiring reasonable accommodation to participate in class activities or to meet course requirements should first register with Accessibility Resources (Memorial Library 132, telephone 507-389-2825, TDD 711, or email ar@mnsu.edu) to establish an accommodation plan.

• Discuss with Accessibility Resources staff any concerns related to the accommodation(s) or arrangements requested.

• Maintain appropriate confidentiality of information and communication regarding students with disabilities, except as permitted/required by law.
• Determine the essential elements and academic standards of the course or program.

Complaint Process

This complaint process shall apply to situations where a student or an employee has followed the established procedures to request accommodation based on disability and the request has been denied or otherwise not provided.

• Written or emailed complaints should be filed within 30 days of the date the incident occurred with the Director of Accessibility Resources or the Director of Human Resources.

• If an informal resolution is not reached through the Complaint Process with Accessibility Resources or Human Resources, the student or employee should file a complaint through the University’s Office of Equal Opportunity and Title IX (507-389-2986; eotitleix@mnsu.edu).
• Students also may file a complaint directly with the U.S. Department of Education’s Office for Civil Rights (File A Complaint | U.S. Department of Education) or with the Minnesota Department of Human Rights (Report Discrimination / Minnesota.gov). The Statute of Limitations for filing a complaint with the Office for Civil Rights is 180 days from the date the incident occurred.

Confidentiality and Maintenance of Records

Student Process:
All disability related documentation will be maintained in a confidential database in Accessibility Resources. The database contains demographic information, diagnosis and documentation of the disability, and a record of each contact and action taken. Departments, faculty, and staff may not access diagnostic or other information regarding a student’s disability and may not keep copies of such documentation. Information concerning a student’s disability should be disclosed only to those with a legitimate need to know. Confidentiality is not maintained in the case of child abuse or suicidal/homicidal intent. 

Employee Process:
All disability related documentation will be maintained in a confidential file in Human Resources. This file is kept separate from an employee’s personnel file and includes medical, diagnostic, and accommodation related information. This information is only available to authorized individuals, such as human resources personnel, who have a legitimate business need. Departments, faculty, staff, and supervisors may not access this information or keep copies of such. Employee records are appropriately disposed of seven years after termination of employment.

Rationale

This policy adheres to the requirements of federal, state and, local laws as well as accessibility standards including but not limited to:

• The Americans with Disabilities Act (ADA)
• Section 504 of the Rehabilitation Act (physical and virtual spaces, services, and activities)
• Section 508 of the Rehabilitation Act (concerning digital accessibility)
• The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (digital content and web-based resources)
• Fair Housing Act of 1968 (prohibits discrimination by direct providers of housing)
• Minnesota Respond, Innovate, Succeed, and Empower (RISE) Act
• HR/LR Policy #1358 / 28 C.F.R. § 35.104
• The Minnesota State Board Policies 1B.4 Access and Accommodation for Individuals with Disabilities