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SCHOOL POLICIES REGARDING STUDENT'S WITH DISABILITIES

 

Board Policy 3440--Individuals with Disabilities--General Institution  

Board Policy 5140--Individuals With Disabilities--Student Services, DSP&S

Administrative Procedures 5140--Individuals with Disabilities

Providing Academic Adjustments for Individuals with Disabilities

Equal Access to Electronics and Information Technology

Course Substitutions

Complaint/Grievance Process For Providing Equal Access

Board Policy 5500--Standards of Conduct, Student Services

BP 3440 Individuals with Disabilities--General Institution

References:
Education Code Sections 67302, 67310, 84850; Title 5, Sections 56000 et seq.; 29 U.S.C Section 794d; 42 U.S.C. Section 12101; 34CFR Sections 104.3 and 104.44; 36CFR Section 11135; 36CFR, part 1194, BP 3410, BP 3420

Under federal and state laws, the College is required to ensure that academic requirements
and practices, facilities, electronic information technology, printed and audiovisual materials,
and College services and activities are reasonably accessible to individuals with disabilities.
The College will make modifications and adjustments as necessary in order to provide equal
access.

The Disabled Student Programs & Services (DSPS) Office shall be the primary provider for
support programs and services that facilitate equal educational opportunities for students with
disabilities who can benefit from instruction as required by federal and State laws. (Refer to
Board Policy 5140 for more specific information relating to students with disabilities.)

The College’s assigned ADA/504 Compliance Officer will be the contact point for visitors,
employees, and students with professionally verified disabilities not participating in DSPS
who need reasonable accommodations in order to equally participate in programs and
activities at the College.

The College President/CEO in consultation with the Vice President of Human Resources
shall assure that the College conforms to all requirements established by relevant laws and
regulations.

Approved August 22, 2012

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BP 5140--Individuals With Disabilities, Student Services, DSP&S

References: Education Code Sections 67302, 67310, 84850; Title 5, Sections 56000 et seq., 42 U.S. C. Section 12101, 34 CFR Sections 104.3 and 104.44; 36CFR Section 11135

Under federal and State laws, the College is required to ensure that academic requirements and practices, facilities, electronic information technology, printed materials, and college services and activities are reasonably accessible to individuals with disabilities. The College will make modifications as necessary in order to provide equal access.

The Disabled Student Programs and Services (DSP&S) Office shall be the primary provider for support programs and services that facilitate equal educational opportunities for students with disabilities who can benefit from instruction as required by federal and State laws.

DSP&S services shall be available to students with professionally verified disabilities. The services to be provided are based on educational need and include, but are not limited to, priority registration, reasonable classroom and testing accommodations, sign language interpreters, printed college material in alternate formats, transportation from class to class, adaptive equipment, specialized classes and support programs, disability and academic counseling.

The College President/CEO in consultation with the Chief Student Services Officer shall assure that the DSP&S Program conforms to all requirements established by the relevant law and regulations.

Students with disabilities have the right to receive reasonable academic adjustments in order to create an educational environment where they have equal access to instruction without fundamentally altering any course, educational program, or degree. Students with disabilities are not required to register with DSP&S. The College's assigned 504 Coordinator is the contact point for students with professionally verified disabilities not participating in DSP&S who need reasonable accommodations in order to equally participate in the regular educational programs at the College.

Adopted 6/23/04  

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AP 5140--Individuals with Disabilities

References: Education Code Sections 67302, 67310, and 84850; Title 5 Sections 56000 et seq.; 42 U.S.C. Section 12101; 34CFR Sections 104.3 and 104.44; 36CFR Section 11135

Under federal and State laws, Mt. San Antonio College is required to ensure that academic requirements and practices, facilities, electronic information technology, printed materials, and College services and activities are reasonably accessible to individuals with disabilities.  The College will make modifications as necessary in order to provide equal access.

The Disabled Student Programs and Services (DSP&S) Office is the primary provider for support programs and services that facilitate equal educational opportunities for students with disabilities who can benefit from instruction as required by federal and State laws.

Students with disabilities and/or community members with disabilities are not required to register with DSP&S. The point of contact regarding accommodations for those groups is the 504 Coordinator.

The College maintains a plan for the provision of programs and services to students with disabilities designed to assure that they have equal access to College classes and programs.  The yearly DSP&S Plan, as required by the Chancellor's Office, describes processes, procedures and requirements as well as a full description of the program. Other information regarding the goals and objectives of DSP&S can be found in the DSP&S Program Review document.

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Providing Academic Adjustments for Individuals with Disabilities

Individuals with disabilities are assured equal access to educational institutions and all systems of communication under federal and State laws. Equal access for an individual with a disability is defined as the opportunity to obtain the same result, gain the same benefit or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs.

1. Verification The individual with a disability must provide medical documentation of the disability for verification of the need for academic adjustments or ccommodations and is responsible for requesting adjustments or accommodations in a timely fashion. Students submit their documentation to DSP&S or directly to the professor if not using DSP&S services. It is strongly recommended that the professor receiving documentation directly from students, contact DSP&S for assistance in determining and providing appropriate accommodations. Non-students submit their documentation to the Office of Human Resources.
2. If the student does not have appropriate verification of disability, DSP&S will initiate an assessment to determine and document a disability if within the scope of assessment services provided by DSP&S and deemed necessary by a DSP&S professional.
3. The DSP&S professional who meets the standards established by State regulations, will assess and document the extent and the effects of the current disability.  Depending on the severity and educationally-related functional limitations of the assessed disability, the DSP&S professional shall recommend accommodations immediately upon request of the student. The student will submit to his/her instructors, the accommodations authorization forms completed by the DSP&S professional.
4. Requests Once the disability is verified, the individual completes the form to request accommodations, providing the necessary information regarding their needs and preferences for which type of accommodation when there are several to choose from (i.e. in the case of alternate formats, there is Braille, e-text, audio tape, etc.).
5. Student Enrollment and Requirements Students must be enrolled in a credit or noncredit adult education course in order to request academic adjustments.
6. Equal Access to Printed Materials Widely distributed College-produced printed material, such as marketing brochures, the credit and non-credit schedule of classes and the College Catalog, shall include the statement in a prominent location “Available in alternate formats upon request. Please contact Disabled Student Programs & Services at extension 4290.”
7. Conversion of Material into Alternate Formats In the classroom setting, only materials that are deemed “required” by the instructor will be converted to alternate formats with only one format per student. Students will purchase all required textbooks and materials for the course and provide a copy for conversion. There is no charge to requesting individuals for conversion of material into alternate format.
8. Confidentiality and Security of Material All material submitted to DSP&S for conversion into alternate formats will be guarded and locked when not in use. When the conversion process is complete, the material will be returned to its owner. All material will be kept confidential and its security is guaranteed. Requesting individuals must sign an agreement stating that they will not copy or reproduce the material, nor will they allow anyone else to do so.
9. The following statement is recommended for inclusion on course syllabi and should be read at the first class meeting: “If you have special needs, please let me know as soon as possible so that I may assist you to be successful in this class. Students with disabilities are highly encouraged to register with Disabled Student Programs & Services (DSP&S) located in the Student Services Building, lower level, (909) 594-5611, extension 4290, or TTY for the deaf (909) 594-3447.”
   
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Equal Access to Electronics and Information Technology

Federal and State laws require that all electronic and information technology purchased or used by federal agencies must be accessible for use by persons with disabilities. This regulation applies to the development, procurement, maintenance and/or use of all electronic and information technologies. The Section 504 Coordinator will be responsible for Section 508 compliance. The following procedures have been approved to comply with this law.

1. The Information Technology Department will ensure that College employees who purchase or request recommendations about information technology products are informed of the accessibility requirements of Section 508.
2. The Grants Office will ensure that grant recipients are informed of their obligations under Section 508 requirements.
3. The Purchasing Department will ensure that vendors and other contract recipients are informed of their obligations under Section 508 requirements.
4. The College's Webmaster will ensure that the College's Home Web Pages and related links are accessible to individuals with disabilities as defined by World Wide Web Consortium (W3C).
5. Media Services in concert with Disabled Student Programs and Services (DSP&S) and the Television Production and Broadcasting Department will ensure that video and multimedia products developed by the College and/or housed by Media Services are equally accessible to individuals with disabilities and comply with Section 508.
6. The Instruction Office together with the Learning Resources Division and Professional and Organizational Development will ensure that faculty who develop web pages, online learning and other distance learning options for students are informed of their obligations under Section 508.
7. The Community Education Division will ensure that all faculty and staff are informed of their obligations under Section 508 requirements.
8. The Student Services Division will ensure that all faculty and staff are informed of their obligations under Section 508 requirements as they pertain to enrolled and prospective students.
9. The Marketing and Communication Office will ensure that all staff members are informed of their obligations under Section 508 requirements as they pertain to visitors on campus.
10. The Event Services Office will ensure that all staff members are informed of their obligations under Section 508 requirements as they pertain to visitors and events on campus.
11. The Dean of Library and Learning Resources will ensure that all library staff members are informed of their obligations under Section 508 as they pertain to library patrons.
    
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Course Substitutions

If the student and the academic department mutually agree upon a course substitution, and the proposed course substitution meets the requirement of comparable concept mastery, the course substitution will be granted by the Chief Instructional Officer. If the academic department has denied a student's request for course substitution and the student remains unable to complete a course, the following steps must be completed.

1. The student must file a written, formal request for course substitution with DSP&S. This request must be received by DSP&S prior to enrolling in the student's final semester to avoid last-semester negotiations.
2. A preliminary review of the student's disability-related need for a course substitution will be made taking into account the unique needs of each student. This review must be conducted by a team of appropriate professionals within DSP&S, including the Director of DSP&S. Sufficient written documentation that the student meets all standardized criteria established by Title 5 and the Chancellor's Office relevant to the student's disability must be demonstrated to the DSP&S office in order to proceed with a formal request (Sections 56032-56044 of Subchapter 1 of Chapter 7 of Division 6 of Title 5).
3. If the DSP&S team determines that the above requirements are met, it will develop an educational plan for the student that addresses the student's particular disability, immediate and future educational and career goals, and how this particular course substitution will affect any prerequisite, graduation or transfer requirements detailed by this educational plan. Within five instruction days of receiving the formal request, DSP&S will present this plan in writing to an ad hoc committee consisting of the following: one representative from the Instruction Team, the Director of DSP&S, the DSP&S professional recommending the adjustment, the Dean, the Chair or faculty representative from the department of the course in question, and a designee from the Academic Senate. Additional representatives may be added, if members of this committee deem it necessary. Within ten instruction days of the referral from DSP&S, this committee will determine if the requested substitution constitutes a fundamental alteration of the educational program. The committee will also develop and submit to the student, a written individualized plan for accommodations or adjustments that address the appropriate educational needs as they relate to the educational goals of the student. The plan developed by the ad hoc committee becomes effective immediately and will be coordinated and implemented by DSP&S. The Director of DSP&S or his/her designee will ensure that the provisions of the plan are followed. If the ad hoc committee cannot reach consensus, then the matter will be referred to the 504 Coordinator to review and begin the Academic Adjustment Hearing Process within five instructional days.
4. Any course substitution provided for students determined to require such an academic adjustment should guarantee that any grade assigned to these students is based on their ability to demonstrate comparable concept mastery to that of other students enrolled in the course being replaced. For this reason, special project courses or others designated by the department may be assigned as the appropriate substitution courses and should incorporate those essential concepts as identified in the course outline of record for the course being replaced.
5. If the substituted course is required for transfer, and the student plans to transfer, the student is responsible for contacting the transferring institution regarding the acceptability of the substitution. Mt. SAC students will be informed in writing that a substitution granted by Mt. SAC may not be recognized by a subsequent educational institution.
   
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COMPLAINT/GRIEVANCE PROCESS FOR PROVIDING EQUAL ACCESS

 Individuals with disabilities or professors who are not satisfied with the reasonable accommodation, purchase, use or agreement for accessing College-related information can appeal the decision following the procedure outlined below.

1. Discuss their concerns and offer suggestions for an alternate plan to their Counselor and/or the DSP&S Instructional Specialist, Adaptive Technology. Employees and members of the public with disabilities should bring concerns to the 504 Coordinator located in the Office of Human Resources.
2. If not satisfied with the outcome of Step 1 above, the requesting individual may call for the Director of DSP&S (for students) or the 504 Coordinator (for employees or members of the public) to review the complaint, and determine whether changes in the accommodations plan are warranted.
3. If not in agreement with the decision made by the DSP&S Director or the 504 Coordinator, the requesting individual may notify the 504 Coordinator that they wish to appeal the decision by filing a statement of Grievance. Students are required to use AP 5530 Complaint/Grievance Process.
4. The 504 Coordinator is responsible for informing the complainant of his/her rights, responsibilities and procedures and will convene an Equal Access Hearing Committee (see #9 below).
5. If an instructor has questions about an accommodation authorized by DSP&S or requested by a student with a verified disability, the instructor should promptly contact the DSP&S professional who authorized the accommodation(s). Informal meetings and discussion among the instructor, Department Chair or designee, the student, the appropriate members of DSP&S and/or other appropriate members of the College community are essential at the outset, and will be completed within five instructional days following the request for the accommodation.
6. If no informal resolution can be found within five instruction days and the accommodation is not allowed, the DSP&S professional, student or the instructor will refer the matter to the 504 Coordinator as soon as possible for review. The 504 Coordinator will make a decision regarding the accommodation within five instruction days of having received the matter.
7. If either the instructor or the student disagrees with the decision, they will notify the 504 Coordinator in writing within five instruction days. The 504 Coordinator will then proceed with the Equal Access Hearing process (see # 9 below).
8. The accommodation originally authorized by DSP&S will be allowed for a maximum of three instructional weeks during which time a resolution will be achieved. If the decision of the Committee is that the accommodation is not reasonable, the accommodation will either be modified or rescinded depending upon the Equal Access Hearing Committee's recommendations.
9. An Equal Access Hearing Committee will be convened by the 504 Coordinator to review the complaint/grievance. The committee will be comprised of the following voting members:
   A. The Dean Student Services or designee
   B. The Vice President in charge of the affected area
   C. The appropriate Manager or Chairperson of the Division or Department
   D. Academic Senate President or his/her designee
   E. Student representative appointed by the Associated Students
10. The 504 Coordinator shall serve as Chairperson and will be responsible for providing a tape recording and written minutes of the hearing. All five (5) voting members, including the chair, shall constitute a quorum by which the hearing may proceed.
11. Both parties have the right to present witnesses, testimony, and evidence, but only as related to the case.
12. Both parties have the right to be accompanied by an advocate in the formal appeal hearing. Attorneys are not permitted unless the Committee finds that complex legal issues are raised by the case.
13. The hearing shall be closed to the public.
14. The Committee shall judge the evidence presented and shall render a written decision within five (5) instruction days following the beginning of the hearing; copies of the findings shall be forwarded to the College President/CEO, who will review the decision of the Committee and will either accept or modify it.
15. The College President/CEO shall inform the complainant and the Committee of his/her final action by certified mail within ten (10) instruction days of the receipt of the Committee's recommendations.
16. Written minutes and a tape recording of the proceedings shall be kept in a confidential file by the College President/CEO and shall be available to both parties. All documents will be filed separately from personnel files of the participants.
17. The College President's/CEO's decision shall be the final decision rendered and shall be implemented within ten (10) instruction days.

GENERAL PROVISIONS

1. A complaint can be withdrawn at any step of the process; however the same complaint shall not be re-filed.
2. The 504 Coordinator can be consulted by any party regarding these procedures at any time.

OTHER COMPLAINTS

Students, employees or members of the public wishing to file complaints or grievances based upon discrimination on the basis of physical or mental disability should contact the College's 504 Coordinator located on campus, in the Administration Building, Room 230, (909) 594-5611, extension 4225. The College's general grievance process is outlined in the Administrative Procedures.

If these processes yield an unsatisfactory result, the Office for Civil Rights may be contacted regarding their complaint resolution processes:

United States Department of Education
Office for Civil Rights
Region IX
Old Federal Building
50 United Nations Plaza, Room 239
San Francisco, CA 94102

The Mt. San Antonio College Catalog contains the most recent information regarding services available for individuals with disabilities. This document is updated annually for currency and correctness

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BP 5500 Standards of Conduct

References:
Education Code Section 66300; Accreditation Standard II.A.7.b

• The College President/CEO shall establish procedures for the imposition of discipline on students in accordance with the requirements for due process of the federal and State law and regulations.
• The procedures shall clearly define the conduct that is subject to discipline, and shall identify potential disciplinary actions, including but not limited to the removal, suspension, or expulsion of a student.
• The Board shall consider any recommendation from the College President/CEO for expulsion. The Board shall consider an expulsion recommendation in closed session unless the student requests that the matter be considered in a public meeting. Final action by the Board on the expulsion shall be taken at a public meeting.
• The procedures shall be made widely available to students through the College catalog and other means.
• The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student.

1. Causing, attempting to cause, or threatening to cause physical injury to another person.
2. Possession, sale or otherwise furnishing any firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a College employee, which is concurred in by the College President/CEO.
3. Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.
4. Committing or attempting to commit robbery or extortion.
5. Causing or attempting to cause damage to College property or to private property on campus.
6. Stealing or attempting to steal College property or private property on campus, or knowingly receiving stolen College property or private property on campus.
7. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the College.
8. Committing sexual harassment as defined by law or by College policies and procedures.
9. Engaging in harassing or discriminatory behavior based on national origin, religion, age, sex (gender), race, color, medical condition, ancestry, sexual orientation, marital status, physical or mental disability, or because a person is perceived to have one or more of the foregoing characteristics.
10. Willful misconduct which results in injury or death to a student or to College personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the College or on campus.
11. Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, College personnel.
12. Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty.
13. Dishonesty; forgery; alteration or misuse of College documents, records or identification; or knowingly furnishing false information to the College.
14. Unauthorized entry upon or use of College facilities.
15. Lewd, indecent or obscene conduct on College-owned or controlled property, or at College-sponsored or supervised functions.
16. Engaging in expression which is obscene; libelous or slanderous; or which so incites students as to create a clear and present danger of the commission of unlawful acts on College premises, or the violation of lawful College administrative procedures, or the substantial disruption of the orderly operation of the College.
17. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
18. Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any College policy or Administrative Procedure.
19. Harassment of students and/or College employees that creates an intimidating, hostile, or offensive environment.
20. Violation of College rules and regulations including those concerning affiliate clubs and organizations, the use of College facilities, the posting and distribution of written materials, and College safety procedures.

Adopted 6/23/04

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