Americans with Disabilities Act

Americans with Disabilities Act

Persons needing accommodations as provided by the Americans with Disabilities Act (ADA) of 1990, should contact Nicholls State University’s ADA Coordinator:

Brian Clausen
brian.clausen@nicholls.edu
985-448-4783
985-387-0058

Policy Statement

The Student Access Center ensures access for qualified students with disabilities, promotes self-advocacy, skill development, and provides guidance to the University community to enhance the understanding and support of students with disabilities.

Purpose of Policy

In accordance with the American with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act, and Section 504 of the Rehabilitation Act of 1973 and University policy, the Student Access Center ensures equal opportunity for all qualified students with disabilities, without regard to disability, in the programs and services provided by the University.

Applicabilty

A person with a disability is any person with a physical or mental impairment, which substantially limits one or more major life activities. Disabilities include but are not limited to physical disabilities, blind or visual impairment, deaf or hearing impairment, psychological disorders, learning disabilities, and ADHD.

Appropriate accommodations enable a student with a disability to compete equally with his/her non-disabled peers but are not intended to place a disabled student at an academic advantage.

Policy Procedure

I. Self-Identification Process

It is the student’s responsibility to self-identify with Student Access Center, to request accommodations each semester, and to provide their instructor(s) with an accommodation letter from Student Access Center. Medical documentation to substantiate the claim of a disability must be submitted as part of the self-identification process.

It is the faculty’s responsibility to maintain the student’s confidentiality, provide appropriate accommodations (approved by Student Access Center) in a timely manner either independently or in collaboration with Student Access Center and the Testing Center. Faculty are to maintain the same standards for students with disabilities as are applied to all other students with the exception to accommodations determined by Student Access Center.

Faculty members are encouraged to contact Student Access Center at studentaccess@nicholls.edu or 985.448.4430 with any questions or concerns about their students’ accommodations. Further information can also be located at https://www.nicholls.edu/student-access-center/

Appropriate accommodations enable a student with a disability to compete equally with his/her non-disabled peers but are not intended to place a disabled student at an academic advantage.

II. Appeal Procedure

If any student is dissatisfied with decisions of the Student Access Center or feels that a faculty member has failed to provide accommodations determined by the Student Access Center to be appropriate, students may file a grievance with the EEO/ADA Compliance Office. The procedure is as follows:

Nicholls State University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

Complaints should be addressed to the EEO/ADA Compliance Officer, who has been designated to coordinate ADA compliance efforts.

  1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
  2. A complaint should be filed within 10 working days (i.e., days when University offices are open) after the complainant becomes aware of the alleged violation. 
  3. An investigation, as may be appropriate, shall follow a filing of a complaint. The ADA Compliance Officer or his designee shall conduct the investigation. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Compliance Officer and a copy forwarded to the complainant no later than 10 working days after its filing.
  5. The ADA Compliance Officer shall maintain the files and records of Southeastern Louisiana University relating to the complaints filed.
  6. The complainant can request a reconsideration of the case in instances where he/she is dissatisfied with the resolution. The request for reconsideration should be made within 10 working days to the President. The President and his/her designee will render a decision within 10 working days of receipt of the complaint.
  7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
  8. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that Nicholls State University complies with the ADA and implementing regulations.