Fundamental Alteration Committee
Fundamental Alteration Committee
Assertion of Fundamental Alteration Form
Introduced By
Faculty Senate DEI Committee
Background
This policy establishes the commitment of the faculty of the Community College of Rhode Island to uphold federal laws, including the Americans with Disabilities Act (ADA) and Sections 504 and 508 of the Rehabilitation Act of 1973 ensuring an inclusive and accessible learning environment for all students. The Faculty Senate Diversity, Equity, and Inclusion (DEI) Committee has worked in collaboration with Disability Accessibility for Students (DAS) to develop procedures to ensure compliance with these federal laws. In addition, the Faculty Senate acknowledges the Rhode Island Council on Postsecondary Education’s Nondiscrimination Policy, which outlines investigation procedures and are applicable to anyone in the college community. Moreover, compliance with these federal laws and established procedures serves to protect both faculty and students by promoting clarity, fairness, and accountability in the interactive process of accommodation implementation. The faculty recognizes that a denial of an accommodation without justification of a fundamental alteration is discriminatory and a violation of students' civil rights.
Policy Statement
Community College of Rhode Island faculty members are responsible for understanding and implementing reasonable accommodation practices in accordance with federal laws and institutional policies, which serve to protect students, faculty, staff and the College. To accomplish this, resources shall be made available by the College to faculty to facilitate and support:
A. Compliance with federal law through proactive communication and collaboration with DAS in seeking clarification and guidance on accommodations when needed to best serve students;
B. Participation in ∼continuous∼ education and training on DAS policies and procedures to equip faculty with the knowledge and resources necessary to adhere to federal standards and to ensure an equitable educational environment for all; and
C. Commitment to a clear understanding and implementation of reasonable accommodation practices, including an awareness of the limitations and obligations associated with fundamental alterations to course requirements.
If a faculty member believes that an accommodation may fundamentally alter the essential requirements of a course or program, they must consult with DAS and/or the Fundamental Alteration Committee to determine appropriate actions.
Composition
The Fundamental Alteration Committee will consist of the following standing representatives:
A. Director of the Disability Accessibility for Students (Chair)
B. Dean of Learning Commons
C. Director of Online Learning (or Designee)
D. Advising Department Representative
E. Faculty Representative with expertise in ADA and Section 504
F. Faculty Senate Representative
For each case under consideration by the committee, there may be representatives included on the committee on an ad hoc basis, when relevant. When included, ad hoc members will be involved in the consensus decision: Academic Dean, Department Chair, DAS Coordinator, Student Success Coach or Program Director from the department asserting fundamental alteration. At the discretion of the Department Chair or Program Director, the instructor of record may be in attendance; however, will not participate in the consensus decision of the committee.
Definitions
Essential Requirement - In an academic context, an essential requirement is necessary to achieve a core learning outcome (skill- or knowledge-based) that all students must demonstrate, with or without reasonable accommodations, that is part of a larger interconnected curriculum related to a program or degree. Established essential requirements will:
· clearly articulate the overall purpose of the course/program;
· identify required mastery of specific skills, knowledge, principles, and concepts;
· convey the framework used to set academic and program standards; and
· ensure a fair deliberation when determining if a requested accommodation would be a fundamental alteration.
Reasonable Accommodation - An academic adjustment, policy modification, auxiliary aid or service that facilitates equal access and meaningful participation for a student with a disability in any course, program, service, or activity at the College.
Fundamental Alteration - Under the ADA, is a change that is so significant that it alters the essential nature or invalidates an essential requirement of the goods, services, privileges, advantages, or programs being offered.
Fundamental Alteration Committee
The Fundamental Alteration Committee, comprising faculty, Disability Accessibility for Students (DAS) staff, and representatives from academic and student affairs, will review cases where proposed accommodations may significantly modify course requirements. The committee will:
· pursue a thoughtful, careful, and rational review of the essential requirements of the course, program, activity, or service; and
· consider a series of alternatives and modifications that would not fundamentally alter the course, program, activity, or service even if it is not the accommodation originally requested (OCR No. 01-16-2120).
· will ensure that any denial of accommodation is justified and does not violate students' civil rights.
Assertion of Fundamental Alteration
If a faculty or staff member believes there is a reasonable basis for determining that an approved or proposed accommodation would constitute a fundamental alteration of an essential requirement of a course, activity, program, or service for which they are responsible, then the faculty or staff member should submit the following in writing to the Director of the Office of Disability Accessibility for Students (DAS) as soon as possible. For convenience, faculty or staff may submit necessary information through an online form available- Assertion of Fundamental Alteration
A. Identification of the essential requirement of the course, program, activity or service that is modified or invalidated by the accommodation;
B. Documentation that verifies the element in question is an essential requirement of the course, activity, or program (e.g. College-approved course descriptions, official policies, licensure or accreditation requirements, technical standards);
C. Explanation of how the accommodation constitutes a fundamental alteration by modifying or invalidating the essential requirement.
D. Optional: Recommendation of a similarly situated department or program that may be interested in participating in the review process.
If the accommodation in question is already approved by DAS, it should continue to be provided to the student throughout the deliberation period until otherwise determined by the committee.
This procedure will be followed when informal efforts have been unsuccessful in timely resolving the matter.
Policy Applies To:
This policy applies to faculty, staff and agents of the Community College of Rhode Island.
Responsible Department
The Office of Disability Accessibility for Students (DAS)
Additional Authority
The Office of Disability Accessibility for Students is the College’s designated agent for determining eligibility for accommodations and coordinating reasonable and appropriate accommodations for students.
This policy acknowledges the oversight by both the Department of Justice (DOJ) and the Office of Civil Rights (OCR) regarding compliance with the Americans with Disabilities Act (ADA) and Sections 504 and 508 of the Rehabilitation Act of 1973 regulations.
In the event of a formal complaint with the Federal Office of Civil Rights, it is understood that both the institution and individual faculty member may be identified and found to be in violation.
Related Policies
Americans with Disabilities Act (ADA) and Sections 504 and 508 of the Rehabilitation Act of 1973 regulations.