Title
University Of North Carolina At Chapel Hill Procedure For Accommodations
Introduction
Purpose
These Procedures set out the process for requesting and addressing requests for Reasonable Accommodations in accordance with the University’s Policy on Accommodations (“Policy”).
These Procedures will be applied and interpreted consistently with applicable law.
Scope
The Policy and these Procedures address the provision of:
- Disability accommodations to Employees, Students, Applicants, Program Participants, and visitors to campus;
- Religious accommodations to Employees, Students, and Applicants; and
- Pregnancy and Related Medical Condition accommodations (“pregnancy accommodations”) to Employees, Students, Applicants, and Program Participants.
All Employees and Students are obligated to implement approved accommodations in accordance with the Policy and associated Procedures.
Procedure
I. Requesting Accommodations
Individuals requesting accommodations must complete and submit the applicable Accommodations Request Form to the Equal Opportunity and Compliance Office (EOC). Individuals requesting pregnancy accommodations may request accommodations without completing the applicable form but are encouraged to do so.
Other forms may be required based on the type of accommodations requested.
Covered individuals are responsible for providing adequate supporting documentation. The EOC will not consider requests that do not provide adequate supporting documentation.
Supervisors, human resources personnel, course instructors, and other professionals who receive information indicating a covered individual needs accommodations must notify the EOC of the request.
All forms are available on the EOC’s website.
For requests for Disability accommodations:
The requestor must submit the following:
For employees:
- Accommodation request form
- Documentation of Disability Form, completed by an appropriate health care professional, unless the disability and need for an accommodation are obvious;
- EEO Voluntary Self-Identification of Disability; and
- Health care Provider Release Form
For students:
- Accommodation request form
- Documentation of Disability in the form of a letter or psychoeducational evaluation, completed by an appropriate health care professional. Documentation guidelines are outlined on our website.
For requests for Pregnancy or Related Medical Condition accommodations:
The requestor may submit the Accommodations Request Form to the EOC. If additional documentation is required, the requestor will be notified by the EOC.
Additional required documentation may include the following:
- Documentation of impacts of pregnancy or pregnancy related condition;
- Documentation of medical appointments; or
- Other documentation from a health care professional confirming the medical condition and need for accommodations. Additional documentation will not be required if the condition and need for accommodation are obvious; if the accommodation request is only to carry or keep water nearby and drink, to use a bigger desk, to sit or stand as needed, and/or to take breaks to eat, drink, or use the restroom; or if the request is for time and space to express milk.
For requests for Religious accommodations:
The requestor must submit the Accommodations Request Form to the EOC. If additional documentation is required, the requestor will be notified by the EOC.
Additional required documentation may include the following:
- Documentation explaining the nature and tenets of the Religious Belief or Practice; and/or
- Other relevant supporting documentation.
II. Review of Requests and Interactive Process
Upon receipt of a request for accommodations, the EOC will review the request to assess whether it is covered by another University process or benefit (i.e., Academic Advising Policies, Family and Medical Leave, Faculty Serious Illness Leave, Worker’s Compensation, Flexible Work Arrangements for University Employees, Transportation and Parking, Undergraduate Language and Quantitative Reasoning Course Substitution). In such cases, the EOC will refer the requestor to that process or benefit.
If there is no other applicable University process or benefit and upon receipt of a request for accommodations with adequate supporting documentation, the EOC will engage in an Interactive Process.
During the Interactive Process, the EOC will seek information from the requestor about how their Disability, Pregnancy or Related Medical Condition, or Religious Belief or Practice affects their ability to perform their Essential Job Functions or to participate in the applicable application process or educational program or activity and about the requested accommodations. The EOC will seek information from the supervisor, instructor, or other relevant individuals about the Essential Job Functions or fundamental requirements of the educational program or activity and about the impact of the requested accommodations on the operation of the office, course, or program.
The Interactive Process will, in many cases, involve multiple interactions with both parties, through which they will have the opportunity to offer potential accommodations for the other’s consideration, subject to limitations outlined in any medical or other documentation. If EOC reviews the information submitted and determines it is sufficient to provide reasonable accommodations, a meeting with EOC staff may not be necessary.
During the Interactive Process, the EOC will determine the following:
- Whether the requestor qualifies for Reasonable Accommodations;
- What, if any, accommodations the University can reasonably provide; and
- What Reasonable Accommodation among the available options the University will provide.
III. Determination on Request for Accommodation
a. Determination
Final determinations with respect to Reasonable Accommodations, Fundamental Alteration, and Undue Hardship will be made by the EOC.
The EOC will communicate its determination in writing to the individual requesting accommodations and the individual(s) responsible for implementing any approved Reasonable Accommodations.
Students with approved Reasonable Accommodations may be required to send notices to instructors following instructions provided by EOC.
Upon receipt of information indicating changed circumstances and/or that the Reasonable Accommodations may need to be modified to continue being effective for the requestor or for the job or academic program, the EOC will review approved Reasonable Accommodations as appropriate.
b. Denial of Requests for Accommodations
The EOC may deny requests for accommodations in some circumstances, including, but not limited to:
- The individual does not have a qualifying Disability, Pregnancy or Related Medical Condition, or Religious Belief or Practice;
- The individual is not a Qualified Employee;
- There is not a connection between the requested accommodations and the impact of the Disability, Pregnancy or Related Medical Condition, or Religious Belief or Practice;
- The requested accommodations would not be effective in addressing the identified limitation or conflict;
- The requested accommodations would be an Undue Hardship, Fundamental Alteration, or a Direct Threat, and no alternative accommodations are available; and/or
- Other circumstances as set out in applicable law.
The EOC will communicate in writing any denial of a request for accommodations, including a rationale. When the EOC denies a request for a specific accommodation, the EOC will also consider whether other reasonable accommodations are available.
C. Timeline
In general, the EOC will provide a written determination on an employee’s request for accommodations within thirty (30) business days of receipt of all necessary documentation. In general, the EOC will provide a written determination on a student‘s or applicant’s request for accommodations within fourteen (14) business days of receipt of all necessary documentation. For all requestors, complex requests will require additional time.
For time-sensitive accommodations, such as absences or deadline extensions, individuals requesting accommodations must submit all required documentation with sufficient time to conduct the Interactive Process and make a determination prior to the date of the requested accommodations. For an optimal Interactive Process, the requestor should provide their request and the accompanying information as soon as reasonably possible after determining they may need accommodations. For example, students requiring course or assignment scheduling accommodations because of religious activities occurring at identifiable dates and times during the semester should request accommodations within ten (10) business days after receipt of the syllabus. Students are encouraged to seek accommodations at least thirty (30) days prior to the start of each academic semester to ensure adequate time to engage in the Interactive Process.
If the EOC approves Reasonable Accommodations, the accommodations are not retroactive, meaning that the accommodations will not be applied to circumstances that have already occurred.
IV. Confidentiality
The EOC will maintain requestor medical information obtained under these Procedures in separate files and will treat such information as a confidential medical record. Information about necessary work restrictions or accommodations for the Employee or Student may be shared with supervisors, managers, and instructors on a need-to-know basis.
The University will comply with all relevant federal and state law related to the privacy of employee records.
Definitions
See Policy on Accommodations
Related Requirements
See Policy on Accommodations
Contact Information
Name: Tiffany Bailey
Title: Director of Equal Opportunity/Americans with Disabilities Act Coordinator
Unit: Equal Opportunity and Compliance
Phone: 919-966-7545