Buffalo State College Policy Regarding Persons with Disabilities

Section I:  Policy

It is the policy of Buffalo State College no otherwise qualified person with a disability shall, solely by reason of that disability, be excluded from participation in employment or access to programs of the college.

Pursuant to the ADA Amendments Act of 2008 (ADAAA), Titles I and II of the Americans with Disabilities Act (ADA) of 1990, Sections 503 & 504 of the Rehabilitation Act of 1973 and New York State Executive Law §296, Buffalo State College will not discriminate against any employee, applicant for employment, or student, because of a physical or mental impairment with regard to any position or program for which that person is qualified.

In carrying out this policy, the college will make a good faith effort to reasonably accommodate the physical or mental limitations of an employee, applicant for employment or student unless such accommodations would impose undue hardship on the operation of the college.

The goal of this policy is to provide equal employment and educational opportunities to enable persons with disabilities to function adequately, both personally and professionally, within the academic, social, and broader college community.

Section II: Requests for Accommodations

A. Employees and Applicants
Buffalo State College takes affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental impairment in all employment practices including but not limited to: advertising, recruitment, employment, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and professional development.

Employees or prospective employees/applicants with disabilities (as defined in the ADAAA 2008) may request reasonable accommodation, if necessary, to enable them to have access to employment opportunity or to perform duties essential to their job. Such requests may be made regardless of title, salary, salary grade, bargaining unit, or employment status (permanent, temporary, or provisional). The college makes reasonable accommodation to the physical, mental health and learning limitations of employees and applicants for employment, wherever such an accommodation does not impose an undue hardship on the conduct of the mission of the college.

Employees in need of an accommodation (as defined under ADAAA of 2008) shall make such a request in writing to the ADA Coordinator in the Department of Human Resources Management Office at Cleveland Hall 403.

B. Students
Buffalo State College will provide equal educational opportunities and reasonable accommodations and academic adjustments for qualified individuals with disabilities (as defined by the ADAAA 2008). No qualified student with a disability will be, on the basis of disability, excluded from, or discriminated against, in any program or service of the college, including academic programs, academic research, career development, housing, health services, counseling, financial aid, athletics or recreation, transportation, or other educational or extracurricular program.

Students with disabilities in need of accommodations or academic adjustments for their academic program or services should contact the Disabilities Services Office, South Wing 120. 716-878-4500. The Office of Student Affairs and the Disability Services Office are responsible for data collecting and record keeping of all student requests for accommodations.

Section III: Medical Records

Medical and psychoeducational records are confidential. Documentation submitted or obtained to support a request for accommodation may only be used to evaluate the request for accommodation. All employee medical and psychoeducational records are secured in a separate and confidential file in the Human Resources Management Office. Student medical and psychoeducational records are secured in a separate and confidential file and maintained in the Disabilities Services Office. Section IV. Complaint Resolution

The Senior Advisor to the President for Equity and Campus Diversity serves as the Americans with Disabilities Act (ADA) Coordinator for Buffalo State College and is responsible for ensuring compliance with this policy. Should an employee, applicant or student not agree with the accommodation being provided or if the request for accommodation is denied, and the employee, applicant or student believes the basis of the denial is due, in part, to discrimination, the employee, applicant or student may contact the Equity and Campus Diversity Office, Cleveland Hall, Room 415 at 1300 Elmwood Avenue, Buffalo NY.

The College will follow the SUNY Grievance Procedures for the Review of Allegations of Discrimination to resolve complaints of unlawful discrimination based on disability.