Accommodations of Persons with Disabilities
1. PURPOSE
Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) prohibits unlawful discrimination against persons with disabilities and is committed to providing equal opportunity for learning and the employment of persons with disabilities. The university ensures reasonable accommodations for students and employees consistent with applicable disability laws.
2. POLICY
BYU–Hawaii is committed to providing a working and learning atmosphere that reasonably accommodates persons with disabilities who are otherwise qualified to participate in BYU–Hawaii’s programs and activities. It is the policy of BYU–Hawaii to prohibit unlawful discrimination against persons with disabilities and to provide reasonable assistance in bringing them into the mainstream of campus life. To accomplish this, BYU–Hawaii complies with all applicable disability laws.
3. Implementation
3.1 Applicable Laws
3.1.1 Americans with Disabilities Act (“ADA”)
BYU–Hawaii is obligated to observe ADA provisions with respect to employment (Title I). The ADA exempts entities such as BYU–Hawaii, which are owned and controlled by religious organizations, from the provisions of the public accommodations (Title III) of the ADA. The university will attempt in good faith to comply with those provisions of the ADA from which it is exempted to the extent reasonably practicable as determined at the sole discretion of BYU–Hawaii.
3.1.2 Section 504 of the Rehabilitation Act of 1973 (“Section 504”)
Section 504 is a broad anti-discriminatory federal statute legally applicable to BYU–Hawaii as a recipient of federal financial assistance. Section 504 prohibits discrimination against otherwise qualified individuals with disabilities desiring to participate in BYU–Hawaii’s programs and activities and requires the university to provide reasonable accommodations for them, provided such action does not place an undue hardship on the university. Section 504 is most generally applicable to BYU–Hawaii with respect to the accommodation of students and employees with disabilities.
3.2 Grievances
Individuals who believe they have been unlawfully discriminated against on the basis of a disability may submit a grievance to Human Resources (for employees) or to Disability Services (for others, including students). BYU–Hawaii encourages an informal resolution of those grievances, when possible. Reports of discrimination can be made verbally or in writing.
3.3 Determination of Disability
Disability Services or Human Resources, as applicable, determines whether a condition rises to the level of a disability. A physician’s diagnosis can be considered in the evaluation process; however, it is not solely determinative in establishing whether a condition qualifies as a disability warranting accommodations under applicable law.
False representations for the sole purpose of gaining access to accommodations, or other advantages, may be referred to the Office of Honor or Human Resources for potential disciplinary action. See the CES Honor Code, Good Standing and Ecclesiastical Conditions of Employment and University Standards policies.
3.4 Reasonable Accommodations
After Disability Services or Human Resources determines that an individual has a disability, that office may make recommendations to, and/or work with, the appropriate campus unit(s) regarding the offering of reasonable accommodations. The campus unit being asked to provide an accommodation will be responsible for working with the requesting individual and for determining and implementing reasonable accommodations consistent with applicable law.