POLICY PURPOSE:

CSU Pueblo is committed to providing an accessible and inclusive educational, working, and living environment. This policy addresses the needs of those who require accommodations for access to the University’s facilities, programs, services and resources, and describes ways in which the University will maintain compliance with applicable legal requirements.

POLICY APPLIES TO (Persons affected by):

This policy applies to all students, employees, and others interacting with the institution.

DEFINITIONS:

Accessible or Accessibility: Means that Individuals with Disabilities are afforded the opportunity to independently acquire the same information, engage in the same interactions, and enjoy the same services within the same timeframe as individuals without disabilities, with substantially equivalent ease of use.

Auxiliary Aids and Services: These include, but are not limited to, sign language interpreters, readers/scribes, and assistive technologies such as note-taking technologies, literacy support tools, text to speech, speech to text, magnification, closed captioning, alternative keyboards and mice
, audio recordings, and written materials in Braille, large print, or electronic formats.

Digital Resource: All online and electronic resources of CSU Pueblo including, but not limited to, websites and Information and Communication Technology (ICT).

Equally Effective Access: Means that an alternative service or content affords the user the opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement in the most integrated setting that is reasonably achievable.

Individual with a Disability: A person who:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.

Information and Communication Technology (ICT): As defined in the state of Colorado’s Rules Establishing Technology Accessibility Standards, 8 Code of Colo. Regulations 1501-11, ICT means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include but are not limited to: computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; web sites; videos; and electronic documents. ICT does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. However, if the embedded information technology has an externally available web or computer interface, that interface is considered ICT.

Qualified Individual with a Disability: An Individual with a Disability who has the skills, experience, education, and other requirements of the job the individual holds or desires, and can perform the essential functions of the position with or without Reasonable Accommodations.

Reasonable Accommodations: Modifications or provisions made for an Individual with a Disability to provide access or enable them to perform the essential functions of a role. Examples of Reasonable Accommodations include, but are not limited to:

• Academic accommodations such as reasonable adjustments or modifications of course policies and procedures or alternative format course materials.
• Housing and dining accommodations.
• Modifications to University policies, rules, and regulations as applied to the individual.
• Environmental adjustments such as the removal of architectural, communication, or transportation barriers or provision of reasonable facility access tools and modifications.
• Auxiliary aids and services not personal in nature (CSU Pueblo cannot fund care provider services, hearing aids, and other such personal items and services).
• Modified work schedules or job restructuring.
• Provision of accessible digital content.
• Accessibility improvements.

Undue Burden: An action that requires significant financial, technical, or administrative difficulty or expense. Undue burden may be demonstrated when, depending on the type of financial, technical, or administrative barrier, at least one of the following applies:

• The resources of the program, service, or activity are not readily available or would fundamentally alter the nature of the program, service, or activity.
• Contractual, legal, regulatory, or technical constraints prevent the modification of the program, service, or activity.
• The necessary Auxiliary Aids or Services are not feasibly available.
• A modification of policies, practices or procedures cannot be made, nor Auxiliary Aids or Services provided, without creating a direct threat of a significant risk to the health or safety of the individual or others.

POLICY:

Colorado State University Pueblo (“the University”) is committed to providing Equally Effective Access to its programs, services, facilities, and benefits to all individuals. Discrimination on the basis of a disability is prohibited.

An Individual with a Disability will be provided with Reasonable Accommodations in accordance with applicable federal and state laws and regulations. The University provides Reasonable Accommodations in a timely manner when such accommodations are necessary, unless providing the accommodation would fundamentally alter the nature of programs or services or impose an Undue Burden on the University.

Temporary Impairments:

Minor, non-chronic impairments of short duration with little or no long-term or permanent impact, such as sprained joints and minor illnesses, are usually not considered to be disabilities. However, some short-term impairments or illnesses may substantially impact an individual’s ability to effectively participate in or benefit from a university-sponsored academic, extracurricular, or workplace activity. Such impairments may include, but are not limited to, injuries, concussions, extended hospitalizations, and pregnancy.

Students who have temporary medical impairments or conditions should work with their instructors for consideration of their situation. Assistance may be obtained from Disability Resources.

Employees with temporary medical impairments or conditions should work with their supervisors for consideration of the employee’s situation. Assistance may be obtained from the Office of Institutional Equity (OIE).

Student Accommodation Process:

The process of accommodation begins with the student’s request for Reasonable Accommodations being submitted to Disability Resources. Disability Resources will assist the student in working with faculty and staff to establish the need for Reasonable Accommodations and determine what steps are needed.

Disability Resources will determine whether the individual has a documented disability as defined by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA).

Reasonable Accommodations will be made to afford the student Equally Effective Access to academic materials, facilities, events and services.

Employee Accommodation Process:

The University strives to provide Reasonable Accommodations for employees with disabilities who can perform their essential job duties with or without modifications.

Employees at Colorado State University Pueblo who wish to request Reasonable Accommodations may contact the OIE to arrange a meeting or may submit a Disability Accommodation Request Form to the OIE. The OIE will review the request, determine what documentation is needed to make an individualized assessment of the employee’s situation, and explore options with the employee, their supervisor and others for Reasonable Accommodations that will enable the employee to have Equally Effective Access as needed to perform their job.

In determining what accommodations are reasonable, the University and the employee have a mutual obligation to engage in a good faith interactive process to explore and discuss options to enable the employee to perform the essential functions of the job.

Reasonable Accommodations are provided only when an employee self- identifies as a Qualified Individual with a Disability and provides the appropriate documentation from a healthcare provider, and the accommodations requested do not result in an undue hardship to the institution.

Confidentiality:

The University and its employees involved in the accommodation process will strive to preserve the confidentiality and privacy of the individual requesting accommodations.

Employees may find it necessary to advise and educate their supervisors and others about the use of a Reasonable Accommodation in the workplace but need not reveal the nature of their disability or discuss medical conditions or treatment with anyone, other than as necessary to establish the disability with OIE and help design reasonable accommodations.

Likewise, students are not required to disclose their disability or medical condition to anyone other than DRSC and OIE, and to discuss accommodations with instructors or others to the extent necessary to make the accommodations effective.

Accessibility of Digital Resources:

Through use of ICT, CSU Pueblo is committed to offering Digital Resources that are accessible to all members of the community.

Accessibility of ICT means that Individuals with Disabilities are afforded the opportunity to independently acquire the same information, engage in the same interactions, and enjoy the same services within the same timeframe as individuals without such disabilities, with substantially equivalent ease of use.

The University will follow the standards for web accessibility contained in the Web Content Accessibility Guidelines (WCAG), version 2.1, Level AA. As standards are updated over time, the University will endeavor to evolve its content to meet current standards and legal requirements.

All university websites published after the effective date of this policy will be accessible under the WCAG 2.1 Level AA standards and 8 Code of Colo. Regs. 1501-11 requirements unless an Undue Burden exists that prevents the website from being made fully accessible. Existing websites will be prioritized for review and update.

Legacy websites (those that are no longer available to the public or infrequently used) will be made available in an accessible format upon request by an Individual with a Disability who has a need to review the content, or as required by law. All requests for access to a legacy website must be submitted in writing and will be reviewed by the ADA/Section 504 Coordinator.

Course content must be provided in an accessible format to all students enrolled in or auditing the course in as timely a manner as it is to students not requiring accessible content. This includes captioned video content or, if captioning cannot be provided, through an accessible transcript or description of the video.

The department or individual responsible for creating digital content, or who contracts with an external party to provide or manage such content, is responsible for ensuring accessibility.

Procurement of ICT:

All procurements of ICT by the University after July 1, 2024 will include consideration of accessibility and the availability of accessible products and services in the marketplace. Solicitations for products and services shall clearly identify the University’s requirements for accessibility, and university contracts for acquiring such products and services shall contain a contract clause, approved by the Office of General Counsel, pertaining to the supplier’s obligations under applicable accessibility laws and regulations (including, but not limited to, C.R.S. § 24-85-101, et seq., and 8 C.C.R. § 1501-11). The Office of General Counsel may approve exceptions to the requirements of this section.

Progress on Accessibility:

The CSU Pueblo Executive Director of Information Technology shall prepare and publish on the University’s website a progress-to-date report that demonstrates concrete and specific efforts toward compliance on the University’s front-facing web pages. This report shall be updated on a quarterly basis and will contain a clear, easy-to-find process for requesting redress for inaccessible digital products, including contact options that are not dependent on web access or digital accessibility and are prominently displayed on all front-facing web pages.

Live Events:

Captioning should be made available for live events that are being provided through digital means. Sign language interpretation may also be necessary in some cases. Live events that are recorded should be captioned for accessibility, and printed presentation and handout materials may be provided as appropriate.

Complaints:

An Individual with a Disability who believes their disability is not being accommodated or who has experienced discrimination or harassment on the basis of disability should contact the OIE and also may file a complaint with the Colorado Civil Rights Division, U.S. Department of Education Office for Civil Rights, or the U.S. Equal Employment Opportunity Commission.

RESPONSIBILITIES:

Disability Resources is responsible for:

• Receiving and responding to each request for Reasonable Accommodations from a student claiming a disability.
• Conducting an individualized assessment of the request to determine whether and what Reasonable Accommodations can be made for the student.
• Engaging in an interactive process with the student, faculty members, staff and others as needed to address the request and establish
• Reasonable Accommodations for the student’s Equally Effective Access to course materials and other services, programs, facilities and educational benefits.
• The Office of Institutional Equity is responsible for:
• Receiving and responding to requests from employees and other non-students for Reasonable Accommodations for a disability.
• Engaging in an interactive process with an employee who is a Qualified Individual with a Disability to develop a plan to provide Reasonable Accommodations to perform their job and gain Equally Effective Access to the facilities, services and benefits provided to employees without disabilities.
• Responding to complaints filed by employees and non-students.
• The ADA Coordinator and Intake Specialist will ensure compliance with this policy and provide support to parties in need of assistance.

The Department of Information Technology is responsible for:

• Implementing digital technologies and programs that offer accessibility features for use by campus departments.
• Assisting users and departments with requests for ICT accessibility changes.

Employees are responsible for:

• Identifying oneself as an Individual with a Disability in need of accommodations in the workplace in order to perform the essential functions of their job.
• Working with OIE and others to help develop Reasonable Accommodations as needed.
• Reviewing with OIE the continuing need for accommodations and the effectiveness of accommodations as needed, and at least annually.

Students are responsible for:

• Requesting reasonable accommodations as needed by contacting Disability Resources for an appointment and submitting an Application for Accommodation as provided on the Disability Resources website.

RELATED LAWS, POLICIES & PROCEDURES:

Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act of 2008, 42 U.S. Code § 12101 et seq., 28 CFR Sec. 36.101, et seq.

Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794

Colorado Anti-Discrimination Act (CADA), C.R.S. §§ 24-34-601, et seq., and §§ 24-34-801, et seq.

Fair Housing Act, 42 U.S.C. Chapter 45

CSU Pueblo Policy on Discrimination, Protected Class Harassment and Retaliation

Rules Establishing Technology Accessibility Standards, 8 Code of Colo. Regulations 1501-11

FORMS:

Disability Resources’ Application for Accommodations

Office of Institutional Equity’s Request for Reasonable Accommodation

ADA Complaint Form

HISTORY OF REVISIONS:

Adopted: September 23, 2024