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Human Resources

Nondiscrimination Policies Pertaining to Students

2-2.2.2 Nondiscrimination Polices Pertaining to Students

2-2.2.2.1 General Nondiscrimination Statement. (PAC 6/10/93;Rev/ Pres.Cab. 2/96)

This policy is required by title VI of the civil rights act of 1964, title IX of the educational amendments of 1972, section 504 of the rehabilitation act of 1973, the American with disabilities act of 1990, chapter 49.60.030 RCW (freedom from discrimination--declaration of civil rights) and chapter 49.60.222 RCW (unfair practices with respect to real estate transactions, facilities, or services).

  1.      The recruitment practices of the university must be conducted so that all groups of potential students will be reached without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, or status as a disabled or Vietnam-era veteran. As there are schools in the area served by Central which have a large number of students belonging to minority groups, it must be ensured that a comparable effort is made to recruit these minority students. This includes the utilization of minority group members as recruiters, since they will serve as role models and indicate that the university does not discriminate in employment or programs on the basis of race. Recruitment facilities, on the whole, will be accessible to persons with disabilities.
  2.     Student admissions and enrollment policies must be free of discrimination based on race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, or status as a disabled or Vietnam-era veteran. Insofar as potential enrollees are educationally disadvantaged or disabled, the university is encouraged to evaluate the normal standards of admission to determine whether they accurately measure the ability of these students to successfully complete the proposed course of instruction. The development of special standards may be consistent with Title VI and Section 504 if their purpose is to eliminate the effect of past discrimination. Persons with disabilities will be provided appropriate accommodation (e.g., taped materials, interpreters) during the admissions process upon request.
  3.     Courses, programs, and activities sponsored by the university including, but not limited to, admissions, academic programs, student employment, counseling and guidance services, financial aid, recreational activities and intercollegiate athletics, will be available to students in a nondiscriminatory manner, unless otherwise exempted under title IX of the educational amendments of 1972. See CWU Policies manual, part 2-2.2.2.3 for policy on reasonable accommodation for students with disabilities.
  4.     The university will provide equal athletic opportunities for members of both sexes and students with disabilities who participate in interscholastic, intercollegiate, club, or intramural activities.
  5.     All university-owned and sponsored housing intended for students must be available to all students. Assignments to such housing must be made without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, or status as a disabled or Vietnam-era veteran. The university may provide separate housing on the basis of sex, provided that, as a whole, it is comparable in both quantity and quality to that provided to students of the other sex. Comparable, convenient, and accessible housing for students with disabilities will be provided at the same cost as to others.
  6.     All auxiliary facilities which are supported by the university must be available to students without discrimination. Further, the university has a responsibility to assure that all institutional or institution-supported services, facilities, activities, and programs for students are available to students in a nondiscriminatory manner. Reasonable accommodation will be made for students with disabilities (e.g., if an office is inaccessible, a representative of that office will meet with the student in an accessible area.) Auxiliary facilities include, for example, the dining halls, the student union, offices, and commercial concessions.
  7.     The awarding of scholarships and other financial aid must be administered by the university in a nondiscriminatory manner. Financial assistance includes both public and private scholarships, fellowships, student loans, traineeship stipends, and employment obtained by the institution for the student as part of an assistance program (e.g., teaching assistantships and work study programs.) Student financial aid programs based on race or national origin may be consistent with title VI if the purpose of such aid is to overcome the effects of past discrimination. The institution may administer certain sex-restricted forms of financial assistance in accordance with the provisions of title IX of the educational amendments of 1972 provided that the overall effect of such assistance does not discriminate on the basis of sex. Likewise, the institution may administer certain forms of financial assistance to students with disabilities if the overall effect of the award of such assistance is not discriminatory on the basis of disability.
  8.     Where the university donates, leases, or otherwise makes available university-owned facilities or land for student use or activities which are a part of its overall program, or where the university provides funds or other financial assistance to acquire or operate facilities for such activities, the university must assure itself that the activities are operated without discrimination. Every effort will be made to assure reasonable accommodation for students with disabilities.
  9.     Students may not be referred to training facilities which discriminate in their policies or programs. This includes such programs as student teaching in local schools, clinical training, internship experiences, cooperative education, etc.
  10.     While title VI of the civil rights act of 1964, title IX of the educational amendments of 1972, and section 504 of the rehabilitation act of 1973 do not specifically require affirmative action, voluntary affirmative action is permitted under these regulations. Where there is evidence of discriminatory effects under existing policies and procedures specific remedial action is required. (WAC 106-72-025 (equal opportunity for students.))
     

2-2.2.2.2 Gender Equity

Washington state law prohibits discrimination on the basis of gender in institutions of highereducation. Provisions of this law can be found in chapter 28B.110 RCW (gender equity in higher education). Rules and guidelines have been developed to eliminate possible gender discrimination to students, including sexual harassment. These rules address academic programs, student employment, counseling and guidance services, financial aid, recreational activities including club sports, and intercollegiate athletics. With respect to higher education student employment, all institutions shall be required to:

  1.     Make no differentiation in pay scales on the basis of gender;
  2.     Assign duties without regard to gender except where there is a bona fide occupational qualification as approved by the Washington Human Rights Commission;
  3.     Provide the same opportunities for advancement to males and females; and
  4.     Make no difference in the conditions of employment on the basis of gender in areas including, but not limited to, hiring practices, leaves of absence, and hours of employment.

Admission to academic programs shall be made without regard to gender. Counseling and guidance services for students shall be made available to all students without regard to gender. All academic and counseling personnel shall be required to stress access to all career and vocational opportunities to students without regard to gender. All academic programs shall be available to students without regard to gender. Recreational activities shall be offered to meet the interests of students, with no disparities based on gender. Financial aid shall be equitably awarded by type of aid, with no disparities based on gender.

With respect to intercollegiate athletics, institutions that provide the following shall do so with no disparities based on gender:

  1.     Benefits and services (e.g., equipment and supplies, medical services, services and insurance, transportation and per diem allowances, opportunities to receive coaching and instruction, scholarships and other forms of financial aid, opportunities for competition, publicity and awards, and scheduling of games and practice times);
  2.     Opportunities to participate in intercollegiate athletics;
  3.     Male and female coaches and administrators. (Institutions shall attempt to provide some coaches and administrators of each gender to act as role models for male and female athletes.)
  4.     Each institution shall develop and distribute policies and procedures for handling complaints of sexual harassment.

The executive director of the Higher Education Coordinating Board, in consultation with the Council of Presidents, shall monitor the compliance by institutions of higher education with this chapter. A violation of this chapter shall constitute an unfair practice under chapter 49.60 RCW (discrimination - human rights commission), including the right to file a complaint with the Human Rights Commission and to bring a civil action, shall apply. This chapter shall supplement, and shall not supersede, existing law and procedures relating to unlawful discrimination based on gender. Institutions of higher education shall distribute copies of the provisions of this chapter to all students. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

The person responsible for coordinating and monitoring compliance with the provisions of this chapter is the director of the office for equal opportunity, Barge Hall 211, (509) 963-2205, TDD (509)963-2207. Students with gender discrimination complaints are encouraged to utilize the grievance procedures noted in CWU Policies manual, part 8-5.3.

2-2.2.2.3 Policy on reasonable accommodation for students with disabilities

2-2.2.2.3.1 Policy basis and purpose

  1.     This policy is based on nondiscrimination provisions established by the Americans with disabilities act of 1990 (parts II and III); section 504 of the rehabilitation act of 1973; RCW 49.60 (freedom from discrimination); and RCW 28B.10.910-914 (students with disabilities--core services).
  2.     Purpose: This policy sets forth broad guidelines for meeting reasonable accommodation requirements of students under state and federal law. Central Washington University has developed internal procedures for the implementation of these guidelines. This policy should not be construed as providing rights or obligations not provided under applicable laws.
  3.     Scope: This policy affects all students and applicants for admission. Qualified students and applicants for admission have the right to request and receive reasonable accommodation in order to access the university's educational programs, activities and services.

2-2.2.2.3.2 Definitions

  1.     Student with a Disability: Student with a disability means:

        Under 42 U.S.C. 12102, student with a physical or mental impairment that substantially limits one or more major life activities (e.g., walking, speaking, breathing, seeing, hearing, etc.); or

        Under chapters RCW 49.60 and WAC 162-22, a student who has an abnormal condition that is medically cognizable or diagnosable, and who is denied reasonable accommodation or is discriminated against on the basis of that condition.

  1.     Qualified Student with a Disability. A qualified student with a disability is one who:
    • Meets the essential eligibility requirements; and
    • Is able to perform and complete the essential elements of the course, program or activity with or without accommodation.
  2.     Reasonable accommodation. Reasonable accommodation means:
    • A change or adjustment that makes it possible for a student of disability to participate in a program or activity, or benefit from a service; and
    • Does not result in an undue hardship or a fundamental alteration to the nature of the course, program, or service provided by the university.
       

2-2.2.2.3.3 Determination of Qualified

  1.     In order to be considered qualified, a student shall:
    • Meet all prerequisites and eligibility criteria as set forth by the academic or sponsoring department unless the criteria are discriminatory on the basis of disability.
    • Be capable of performing the essential elements of the course, program or activity. If in question, the student is responsible for working with the academic or sponsoring department, the appropriate faculty/staff, and Disability Support Services to determine if she/he (with or without accommodation) can perform the essential elements of the academic course or program, or nonacademic program or activity, with or without accommodation.
  2.     To assist in this process, academic departments should identify the essential elements for each academic program/course.
    • The essential elements of an academic program/course are the key skills, knowledge, or abilities that the program/course is designed to teach the student.
    • When identifying the essential elements, the department should focus on the desired outcomes, not the process used to reach those outcomes.
  3.     Disability support services will work with students and academic/non-academic departments and:
    • Determine the student's ability (with or without accommodation) to acquire the skills and knowledge that comprise the essential elements of an academic program/course.
    • Review essential elements that present barriers to ensure that those elements are essential and not discriminatory against students with disabilities.

2-2.2.2.3.4 Responsibilities in the Provision of Academic Accommodations:

  1.     The student will:
    • Meet all prerequisites and eligibility criteria as set forth by the academic or sponsoring department unless the criteria is discriminatory on the basis of disability.
    • Register with disability support services in order to request academic accommodation.
    • Be capable of performing the essential elements of the course, program or activity. If this is in question, students are responsible for working with the academic or sponsoring department, the appropriate faculty/staff, and/or disability support services staff to determine whether the essential functions can be performed with or without accommodation.
    • Follow policies and procedures set forth by the university and Disability Support Services.
      1. The university has no obligation to accommodate a student who fails to establish eligibility with Disability Support Services.
      2. The university reserves the right to suspend accommodations to students who abuse services or fail to follow university and disability support services policies/procedures.
    • Work with faculty, staff and disability support services to identify effective accommodations.
  2.     The faculty/staff member will:
    • Work with the student to identify effective means of providing accommodations.
    • Assume responsibilities for providing accommodations, unless other arrangements have been made with disability support services.
  3.     Disability support services will:
    • Notify students with disabilities of procedures to request accommodation.
    • Assess the effect of the student's disability on his/her ability to access the university's facilities, programs, activities and services.
    • Issue eligible students a memorandum of "eligibility" or communicating recommended accommodations in non-academic situations.
    • Provide services to help faculty and staff accommodate the needs of students with disabilities. (Services include providing materials in alternative format, administering alternative examinations, securing sign language interpreters, etc.)

2-2.2.2.3.5 Grievance procedure

  1.     Prior to initiating a grievance, a student who believes a faculty or staff member has failed to provide reasonable accommodation may request informal mediation from disability support services.
  2.     Students and applicants for admission who believe that they have been discriminated against on the basis of disability may file informal or formal complaints in the office for equal opportunity, room 211, Barge Hall. Phone: 509 963-2205 or TDD 509 963-2207. See equal opportunity grievance procedures, CWU Policies manual. A list of state and federal agencies that investigate alleged violations of disability law is also available in the office for equal opportunity.
  3.     Complaints that involve grade disputes must be addressed through the academic appeal process. Copies of the process are available in the student affairs office, room 204, Bouillon Hall.

2-2.2.2.4 Procedures to request disability accommodations for students with disabilities

2-2.2.2.4.1 These procedures are governed by the Policy on Reasonable Accommodation of Students with Disabilities.

2-2.2.2.4.2 Student Instructions

  1.     Accommodation request: You must notify disability support services that you are a student with a disability which necessitates accommodation.
  2.     Professional/medical documentation: You must provide disability support services with documentation from a professional or medical expert.
    • The documentation must identify the disability involved and the functional limitations of the disability that necessitate accommodation.
    • Documentation may also include recommendations for specific accommodations to negate specific functional limitations.
  3.     Intake Interview--You will participate in an Intake Interview with a disability support services staff member.
  4.     Certification: You will receive a memorandum of "eligibility for academic adjustments" from disability support services.
    • You must present your "eligibility" memorandum to each professor whom you expect to provide accommodation, preferably during the first week of class.
    • Your "eligibility" memorandum is your formal request for academic accommodation. Faculty are not required to provide accommodations until you give them a copy of this memorandum and discuss how accommodations will be implemented in each of their courses.
    • If you choose to delay notifying a professor of your right to accommodation, do not expect retroactive academic adjustments. Faculty are not required to provide them.
    • You must meet with each faculty member to discuss how the general accommodations for which you are eligible will be implemented in each specific course.
  5.     Other Procedures
    • Disability support services has specific procedures for accessing services such as taped texts and alternative testing. You are expected to know and follow departmental policy and procedures for services provided directly by disability support services.
    • If you have problems in receiving accommodations and cannot resolve them directly with the individual faculty or staff member, you are encouraged to report the problems immediately to disability support services.
    • Informal and formal complaints of discrimination based on disability may be filed in the office for equal opportunity.

2-2.2.2.5 Faculty Instructions

  1.     Refer students who lack memorandum of "eligibility" to disability support services for registration.
  2.     Work with students who provide you with a copy of an individualized memorandum of "eligibility" from disability support services. You have no obligation to provide accommodations until you receive this memorandum. You should receive a copy of the memorandum each quarter for each class where accommodation is being requested.
  3.     In consultation with the student and using memorandum of "eligibility" as a guideline, determine how the accommodations will be specifically implemented in your classes.
  4.     Contact disability support services if you have any questions about the accommodation process, how to implement a recommended accommodation, or any other issue that affects your ability to provide reasonable accommodation to a student with a disability.