Americans With Disabilities

Policy Type:               Administration

Policy Title:              Americans with Disabilities Act (ADA)

Policy Number:       A-001

Purpose:

To adhere to all applicable federal and state laws, regulations, and guidelines pertaining to providing reasonable accommodations as required for qualified individuals with disabilities.

Scope:

All qualified individuals with disabilities.

Definitions:

Disability – Americans with Disabilities Act of 1990 (42 U.S.C. 12102): “Disability” means a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of having such an impairment; or being regarded as having such an impairment.

Texas Labor Code Chapter 21 (Chapter 21) and the Americans with Disabilities Act (ADA) prohibit employers from discriminating against applicants or employees with disabilities in job application, procedures, conditions and privileges of employment. Chapter 21 applies to private employers with 15 or more employees, and to all state and local governmental entities no matter how many employees they have.

A qualified individual under Chapter 21 and ADA meets one or more of these requirements:

• Has a physical or mental disability that substantially limits one or more major life activities
• Has a record of having a disability
• Is regarded as having a disability

Reasonable Accommodation – means modification or adjustment to a job, work environment, policy, practice, or procedure that enables a qualified individual with a disability to perform the essential functions of the position. Reasonable accommodation will be implemented as long as it is medically necessary (there is competent medical evidence establishing a relationship between the disability and the need for accommodation) and: it does not pose a direct threat to the health or safety of others, does not make a substantial change in the essential element/function of the position and does not impose an undue hardship on Quest College.

Qualified Individual with a Disability – is a person with a disability who meets the skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.

Essential Functions – are the fundamental job duties or requirements of a position. Essential functions are such that they cannot be eliminated or substantially modified without changing the nature of the position. Essential functions do not include the margin al functions of the position.

Undue Hardship – means, among other things, an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of Quest College or one of its programs.

Direct Threat to the Health or Safety of Others – means the accommodation poses a substantial risk of significant harm to someone else.

Substantial Change – means a substantial alteration/change in the essential conduct or function of the job.

Equal Employment Opportunity – means an opportunity for a qualified individual with a disability to perform the essential job functions or to enjoy the benefits and privileges of employment that are available to similarly situated individuals without a disability.

Health Care Professional – means a person who is legally competent to diagnose and/or treat the particular medical condition or conditions which are the basis of the accommodation request.

Disability Separation – means an action taken to separate an employee from service when the employer determines that the employee is unable to perform the essential functions of the employee’s position or class with or without reasonable accommodation due to mental, sensory, or physical incapacity. A disability separation is not a disciplinary action.

Policy:

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (“ADA”), Quest College will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities.

Employment: Quest College does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.

Effective Communication: Quest College will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Quest College’s programs, services and activities.

Modifications to Policies and Procedures: Quest College will make all reasonable modifications to policies and programs to ensure that individuals with disabilities have an equal opportunity to enjoy all of its programs, services and activities.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service or activity of Quest College, should contact the School Director or the Human Relations Coordinator at (210) 366-2701 as soon as possible, but no later than 72 hours before the scheduled event.

The ADA does not require Quest College to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a program, service or activity of Quest College is not accessible to persons with disabilities should be directed to the Human Relations Coordinator at (210) 366-2701.

Procedure:

1. Any Quest College associate who receives a written request from another Quest College associate, student, candidate or guest for an accommodation is to immediately contact one of three designated Corporate Representatives. The appropriate Corporate Representatives are the Human Relations Coordinator, the School Director, and the CEO/President.

a. The appointment should be scheduled first with the Human Relations Coordinator.
b. If the Human Relations Coordinator is not available; the appointment is to be scheduled with the School Director.
c. If the School Director is not available, then the appointment is to be scheduled with the CEO/President.
d. An appointment should be scheduled within 72 hours of request unless there are extenuating circumstances.

2. The Corporate Representative will meet with the individual and explain the Quest College policy, provide the required Quest College Accommodation Request Form and explain the process and timeline.

3. Any Accommodation Request Form submitted will be reviewed by the Compliance Committee and a written response to the student should be provided within 10 working days of the submission date unless there are extenuating circumstances.

The Compliance Committee will be comprised of at least three College Administrative Leaders.

Specific Authority:

Americans with Disabilities Act (ADA) of 1990; Rehabilitation Act of 1973;

History of Policy or Procedure:

Drafted:
Adopted:
Revised:  3/1/2017
Reviewed by: 

Forms:

Admin Form 001 – Quest College Accommodation Request Form