An Important Message on Equitable Access, CSU’s Legal & Mission-Driven Obligations

August 30, 2024

Dear Colleagues and Campus Partners:

This is an important message about our shared responsibility as an institution of higher education to support individuals with disabilities and provide equitable access to Colorado State University’s programs, services, and activities. Please take the time to read the information below in its entirety.

Equitable Access: CSU’s Legal & Mission-Driven Obligations

Individuals with disabilities need true equity, not just access. At CSU we adhere to both legal and ethical commitments to provide equitable access. As a land-grant institution, equitable access is inherent to our mission. By promoting accessibility in the areas of education, academic and extracurricular activities, employment, public accommodations and services, we seek to ensure that everyone in our Ram community can benefit from our programs and services.

The federal and state laws that guide our culture of equitable access include: Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), the ADA Amendments Act of 2008 (ADAAA), the Fair Housing Act (FHA), and the Colorado Anti-Discrimination Act (CADA). We highlight some of the requirements of these laws below.

  • Section 504 regulations, at 34 C.F.R. § 104.43(a), provide that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any postsecondary education program of a recipient college or university. The ADA’s Title II regulations, at 28 C.F.R. § 35.130(a), contain a similar prohibition applicable to public postsecondary educational institutions.
  • Section 504, at 34 C.F.R. § 104.44(a) , require recipient colleges and universities to make modifications to their academic requirements that are necessary to ensure that such requirements do not discriminate, or have the effect of discriminating, against qualified individuals with disabilities. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific required courses, and adaptation of the manner in which courses are conducted. (However, academic requirements will not be regarded as discriminatory if a college or university can demonstrate such requirements are essential to the program of instruction or to any directly related licensing requirement.) When making such modifications, CSU must engage in the interactive process with qualified individuals with disabilities to make individualized, case-by-case decisions. The existence of an institutional policy that generally applies to all students should not inhibit the University’s ability to provide individualized modifications if those modifications are deemed appropriate through the interactive process required pursuant to Section 504.
  • Under the Title II regulations, at 28 C.F.R. § 35.130(b)(1)(ii) and (iii), public colleges and universities may not afford a qualified individual with a disability opportunities that are not equal to those afforded others, and may not provide aids, benefits or services that are not effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others.
  • Under 28 C.F.R. § 35.130(b)(7), public colleges and universities must make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless doing so would fundamentally alter the nature of the service, program, or activity.
  • Section 35.103(a) provides that the Title II regulations shall not be construed to permit a lesser standard than is established by the Section 504 regulations. Therefore, the US Office for Civil Rights interprets the Title II regulations to require public colleges and universities to provide necessary academic adjustments to the same extent as is required under the Section 504 regulations.

Reasonable Accommodations for Students and Employees

Under this legal framework, please take some time to review the university’s policy for accommodating individuals with disabilities. The policy contains important information about the rights of faculty, employees and students with regard to accommodations and clarifies roles.

  • The Student Disability Center (SDC) is responsible for determining appropriate accommodations for students with qualifying disabilities through its interactive process. All student requests for accommodation should be directed to the SDC. For more information on SDC reasonable academic accommodations for students, please see the addendum following this message.
  • Employees seeking accommodations must contact the Office of Equal Opportunity (OEO) to arrange a meeting. During this meeting, the OEO will review what it means to meet the definition of disability under the ADA and the ADAAA, what documentation is needed by the OEO to make an individualized assessment of the employee’s situation, and explore ideas for accommodations.

Thank you in advance for your shared commitment to supporting our legal and mission-driven commitments to equitable access. These requirements align with our institutional values and our Principles of Community, and support an inclusive university community where all are welcome here.

Sincerely,

Marion K. Underwood
Provost and Executive Vice President

Kauline Cipriani
Vice President for Inclusive Excellence

Justin Dove
Director, Student Disability Center

Araiña Muñiz
Executive Director, Office for Civil Rights Compliance
ADA/Section 504 Coordinator

Addendum – Reasonable Academic Accommodations for Students

Reasonable academic accommodations determined by SDC must be implemented by faculty upon receiving accommodation letters for a student. If there are concerns that the accommodations create a fundamental alteration of the course, faculty have the right to challenge an accommodation by following established procedures with the SDC.The fundamental alteration process may involve campus partners as needed, such as the SDC Assistant Director of Access and Accommodations, SDC Director, the faculty member within academic program/course, the Chair of the academic department, and other knowledgeable and trained administrators deemed appropriate in determining the reasonableness of the request, fundamental requirements of the course or program, or the possible alternatives to accommodate the student.

The process may include the Director of Equal Opportunity, who serves as the university’s ADA and section 504 Coordinator and is responsible for the overall coordination of university compliance with the mandates for non-discrimination as it pertains to individuals with disabilities. The SDC has helpful resources regarding the accommodations process , types of accommodations, policies and procedures, and related information helpful to faculty and students.