Americans with Disabilities Act of 1990

Henderson State University, as an educational institution and as an employer, does not discriminate on the basis of disabled status. The University does not discriminate in admission or access to, or treatment or employment in, its programs and activities. This is a commitment made by the University and is in accordance with Section 504 of the Rehabilitation Act of 1973 and the A.D.A.

Policy guidelines include the following:

  1. The University must not exclude, on the basis of disability any qualified disabled student from participation in any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular, or other postsecondary education program. As an employer the University will not discriminate in recruiting, selection, hiring or retention of employees based on any disability and adheres to the requirements of the ADA.
  2. The University must make modifications to academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of disability, against a qualified disabled student.
  3. The University may not impose upon disabled student’s rules, such as the prohibition of tape recorders in classrooms or dog guides in campus buildings, that have the effect of limiting the participation of disabled students in a program.
  4. The University must provide methods for evaluating the achievement of students who have a disability that impairs sensory, manual, or speaking skills (except where such skills are the factors that the test purports to measure).
  5. The University must take necessary steps to ensure that no disabled student is denied access to a program because of the absence of educational auxiliary aids.
  6. So long as the University provides housing to students, comparable, convenient, and accessible housing must be provided to disabled students at the same cost as to non-disabled students.
  7. In providing financial assistance to qualified disabled persons, the University may not, on the basis of disability, provide less assistance than is provided to non-disabled persons.
  8. In providing physical education courses and athletics and similar programs and activities to students, the University may not discriminate on the basis of disability, and shall provide to qualified disabled students an equal opportunity for participation in intercollegiate, club, or intramural athletics.
  9. In providing personal, academic, or vocational counseling, guidance, or placement Affairs to students, the University must provide these without discrimination on the basis of disability.
  10. The University shall ensure that the membership practices of fraternities, sororities, or similar organizations to which the University provides significant assistance do not permit discrimination prohibited by Section 504 or the ADA.

The University has designated the General Counsel as the person to coordinate its efforts to comply with ADA and Section 504. Students with disabilities who have questions or need assistance should first contact either the Student Support Affairs office in the Mier House on Henderson Street (230-5251) or the General Counsel (230-5089) in Room 307 Womack Hall. If any matter remains unresolved the student should file a complaint in accordance with the following procedures:

  1. A complaint shall be made in writing or verbally to the General Counsel, 308 Womack Hall, extension 5089, and shall contain the name and address of the complainant and a brief description of the alleged violation.
  2. Complaints should be filed within thirty (30) days after the complainant becomes aware of the alleged violation.
  3. An investigation by the General Counsel shall follow the filing of a complaint. This process contemplates informal but thorough investigation affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.
  4. A written determination as to the findings and the validity of the complaint, and a description of the resolution, if any, shall be issued to the complainant no later than ten (10) days after filing of the complaint.
  5. The ADA Coordinator shall maintain the files and records relating to complaints filed.
  6. The complainant may request reconsideration of the case in instances where he or she is dissatisfied with the investigation, findings or resolution of the General Counsel. This request should be made to the Office of the President within five (5) days of receipt of the determination.
  7.  The right of a person to a prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such a filing an ADA complaint with the responsible federal department or agency nor is the use of this resolution procedure a prerequisite to the pursuit of other available remedies.