Human Resources

A.D.A. Policy

Contact Information About the ADA Program at UNLV

Inquiries concerning faculty, staff, visitors, and facilities:

Juanita P. Fain
Interim Vice President for Student Affairs / EEO officer, ADA officer
895-3656

Inquiries concerning students:
 

Sven Jones
Director of Disability Resource Center
895-0866

UNLV ADA Officer — Responsibilities and Duties

  1. Coordinate the institution's compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973;
  2. Evaluate, document, and administer accommodation requests for faculty, professional staff, classified staff, visitors, and patrons;
  3. Act as ex officio member of the UNLV Accommodation Review Panel (hereinafter ARP). The duties and responsibilities of the ARP are described under the ARP statement;
  4. Evaluate and document the university community's compliance efforts;
  5. Recommend campus policies and procedures relating to the ADA and Rehabilitation Act for the entire university community;
  6. Respond to information requests, including written materials for institutional response;
  7. Work with various departments in response to complaints filed under the ADA and/or Rehabilitation Act filed by faculty, staff, patrons, and visitors;
  8. Represent the university on the Southern Nevada Governmental Agency ADA Task Force;
  9. Coordinate and administer training on ADA and Rehabilitation Act issues no less than once a year or as the needs of the university require.

Accommodation Review Panel — Duties and Responsibilities

The Accommodation Review Panel (hereinafter ARP) serves a multitude of functions within the university community -- as an appeals panel from the decision of the ADA Officer, a coordinating body for recommending ADA policies to the president's cabinet, as an information source for the campus and public communities, and as a training resource for the university community. The ARP consists of the following members: a representative each from the Facilities Use Committee and the Disability Resource Center. The ADA officer and a representative from the provost's office and the office of planning and construction shall act as ex officio advisors as necessary. The ARP may appoint other members of the university committee as necessary to act as ex officio members and/or advisors to the panel. Duties, responsibilities, and procedures of the ARP:

  1. Hear an appeal from the petitioner seeking accommodation if the petitioner does not accept the accommodation(s) made by the ADA officer. The procedure for a petitioner appeal to the ARP is set forth in part III of the UNLV employee ADA policy.
  2. Hear an appeal from the applicable department or other administrative unit that the accommodation(s) made by the ADA officer are unacceptable. The procedure for a department or administrative unit to appeal to the ARP is set forth in part III of the UNLV employee ADA policy.
  3. Recommend to the president and/or president's cabinet campus ADA and/or Rehabilitation Act policies and procedures.
  4. Provide training to the university community.
  5. Such other duties and responsibilities as may be assigned by the president.

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UNLV Employee ADA Policy

  1. Policy Statement

    The university is committed to providing accommodations for eligible individuals with documented disabilities as defined by federal and state law in the most timely and effective manner possible under applicable laws and regulations. The university's intent is to ensure every employee (faculty, professional staff, classified staff, student employees) who makes a request for accommodations under the Americans with Disabilities Act (ADA) or the Rehabilitation Act is promptly and properly advised of the accommodation process. The university is committed to following the requirements of the ADA and all appropriate federal and/or state laws, rules, and regulations. All requests for accommodation(s) from faculty and staff are to be submitted in writing on the appropriate form(s) and with the appropriate supporting documentation to the university's ADA officer for consideration and review. The review of the request may, at the discretion of the university, include an evaluation and determination of the scope of the disability and, if appropriate, requests for additional medical documentation, examinations and/or opinions. The accommodation decision shall be transmitted to the employee, the person or persons who need to implement the decision and the appropriate vice president/provost. Accommodation decisions may be appealed through the designated appeals process.

  2. Process
    1. The employee or the employee's immediate supervisor shall contact the ADA officer for assistance in applying for accommodation. No department, unit, college, or individual may grant any accommodation, whether formal or informal, without first receiving approval of the ADA officer. If an employee's supervisor makes the request for accommodation on behalf of the employee, the employee must then work with the ADA officer directly. Only that information absolutely necessary shall be shared with the employee's supervisor. The employee's supervisor should not act as an advocate or surrogate for the employee.
      1. The ADA officer shall assist the employee in all ways reasonably possible in completing the ADA process in a timely and efficient manner.
    2. The employee shall submit all requests in writing on the ADA-A form provided by the ADA officer. Any information submitted shall be considered confidential and may be shared only with those who have a need to know in accordance with federal and/or state law. The ADA officer shall make the determination of the need to know in consultation with the applicable department or administrative unit. Failure to submit any request in writing may result in delay and/or denial of accommodation requests.
      1. Any and all appropriate medical information and/or opinions shall be submitted with the ADA-A form. This form shall include medical release authorization(s) allowing the ADA officer to obtain all necessary medical records from the employee's medical care providers. The documentation listed in Appendix A shall be the minimum documentation to be supplied by the employee.
      2. The employee shall respond to all requests for complete documentation within the time frames set by the ADA officer.
      3. The employee shall respond in a timely manner as determined through the discretion of the ADA officer to requests for additional medical opinions and/or independent medical examinations as may be necessary.
        1. The employee shall be responsible for the expenses of providing acceptable documentation, which may include the costs of necessary medical examinations needed to render an acceptable medical decision. If, upon review and at the sole discretion of the university, the ADA officer determines additional medical opinions are necessary, the university shall be responsible for the additional costs.
      4. Failure to provide all requested medical documentation, including any additional medical documentation as may be required and/or failure to submit to an independent medical examination may, at the discretion of the university, result in denial of any request(s) for accommodation(s).
    3. The ADA officer must make the following necessary determinations for each ADA accommodation request:
      1. The nature of the disability. This determination may, at the discretion of the university, require proof of actual diagnosis by an appropriate medical care professional , with appropriate documentation supporting the diagnosis. The documentation listed in Appendix A shall be the minimum documentation to be supplied by the employee.
      2. Whether the disability impacts an essential function(s) of the employee's position.
      3. The essential function(s) the disability impacts.
      4. The type of accommodation(s) that is (are) reasonable.
    4. The ADA officer shall implement the decision through appropriate university procedures if the employee is to be accommodated.
    5. The ADA officer shall issue a written decision within a reasonable time upon receipt of the written request for accommodation. A reasonable time is necessarily flexible, taking into consideration such factors as the complexity of the request, cooperation of the employee, any need(s) for additional medical examinations and/or opinions, and so forth.
      1. The ADA officer will assure verification of receipt of the written decision.
    6. The employee and/or the department or administrative unit may appeal the decision of the ADA officer to the Accommodation Review Panel (hereinafter ARP). Any request by the employee for the ARP to review the accommodation(s) decided by the ADA officer shall be considered an appeal. The decision of the ARP may be further appealed to the appropriate vice president or provost, whose decision shall be final. The process for appealing an accommodation decision is located in Section III, Appeals Process.
  3. Appeals Process
    1. ARP appeals process
      1. Employee appeal
        1. A notice of appeal shall be filed by the employee requesting accommodation within 72 hours (excluding nonbusiness days) of receipt of the ADA officer's written accommodation decision. The notice shall be in writing and served on the ADA officer. Upon receipt of this notice, any recommended accommodation(s) shall be held in abeyance pending resolution of the appeal.
        2. The employee requesting accommodation has 10 working days after filing the notice of appeal within which to file written documentation and reasons why a requested accommodation should be granted with the ADA officer. The ADA officer will forward this material, along with a case summary, to the ARP within 5 working days.
        3. The ARP shall establish guidelines under which to decide any appeal but, at the minimum, shall:
          1. Issue a written decision within a reasonable time of receipt of all materials relating to the appeal. A reasonable time for an appeal filed by an employee shall not exceed 30 college working days of receipt of all materials.
        4. The written decision from the ARP shall:
          1. Uphold the decision of the ADA officer; or
          2. Reject the ADA officer's decision and return the matter to the ADA officer for further consideration consistent with the written decision of the ARP.
      2. Department/administrative unit appeal
        1. The department and/or administrative unit may appeal an accommodation decision for the following reasons:
          1. The accommodation goes beyond the essential functions of the position;
          2. The accommodation disrupts the operations of the department and/or administrative unit beyond what is required by law;
          3. The accommodation is not sufficient to meet the requirements of the employee.
        2. The department or administrative unit shall file a notice of appeal within 72 hours (excluding nonbusiness days) of receipt of the ADA officer's written accommodation decision. The notice shall be in writing and served on the ADA officer. Upon receipt of this notice, any recommended accommodation(s) shall be held in abeyance pending resolution of the appeal.
        3. The department or administrative unit requesting accommodation has five working days after filing the notice of appeal within which to file written documentation and reasons why a requested accommodation should be granted with the ADA officer. The ADA officer will forward this material, along with a case summary, to the ARP within five working days.
        4. The ARP shall establish guidelines under which to decide any appeal but, atthe minimum, shall:
          1. Issue a written decision within a reasonable time of receipt of all materials relating to the appeal. A reasonable time for purposes of an appeal filed by a department or other administrative unit shall not exceed 10 working days of receipt of all materials.
        5. The written decision from the ARP shall:
          1. Uphold the decision of the ADA officer; or
          2. Reject the ADA officer's decision and return the matter to the ADA officer for further consideration consistent with the written decision of the ARP.
        6. Both the employee and the department or other administrative unit may file appeals with the ARP.
    2. The employee and/or department or administrative unit may appeal the decision of the ARP to the appropriate provost or vice president.
      1. Procedure.
        1. A notice of appeal shall be filed by the employee and/or department administrative unit within 72 hours (excluding nonbusiness days) of receipt of the ARP's written accommodation decision. The notice shall be in writing and served on the ADA officer. Upon receipt of this notice, any recommended accommodation(s) by either the ADA officer or the ARP shall be held in abeyance pending resolution of the appeal.
        2. The employee and/or department or administrative unit filing an appeal has 10 working days after filing the notice of appeal within which to file written documentation and reasons why a requested accommodation should or should not be granted with the ADA officer. The ADA officer will forward this material, along with a case summary, to the appropriate provost or vice president within 10 working days.
      2. The provost or vice president or designee shall issue a written decision on the appeal within 10 working days and shall:
        1. Uphold the ADA officer and/or ARP decision; or
        2. Reject the ADA officer and/or ARP decision and return the matter to the ADA officer for further consideration consistent with the written decision of the provost or vice president or designee.
      3. The decision of the provost or vice president shall be final.

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Appendix A

Disability documentation

The following documentation is the minimum necessary in order to provide a prompt review of records and determine the appropriate accommodation, if any. Additional documentation may be necessary on a case-by-case basis. Supplying this minimum documentation does not guarantee any accommodation will be supplied.

  1. Information must come from the appropriate licensed medical professional. This person must have the necessary qualifications to accurately and properly diagnose the claimed disabilities.
  2. The licensed professional must state the disability findings on the official letterhead that indicates the professional area of specialization.
  3. There must be a statement of findings that indicate why there was a need to perform testing to determine a disability was present.
  4. The testing performed must be included. It must state the dates, tests, results, and summary of those tests, as well as the certifying official performing those tests.
  5. A conclusion summary must be part of the documentation that shows a correlation drawn from the testing to the diagnosis, including the treatment plan.
  6. The functional limitations must be sited. The limitations shall be related to the essential functions of the employee's specific position.
  7. All medications and treatments prescribed must be listed.
  8. All documentation shall be dated within the last three years. If necessary, this time frame may be shortened on a case-by-case basis.

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