The Catholic University of America

ADA Guidelines

Self-Audit Checklist

IV. Programs and Services Checklist

The Law

No qualified student may, on the basis of disability, be excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination under any academic, research, occupation training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extra-curricular, or other postsecondary education program or activity offered by the university (34 CFR 104.43).

Programs and activities must be offered to all students in the most integrated setting appropriate (34 CFR 104.43, 47). In other words, there should not be a separate intramural athletic team for those with disabilities unless the students with disabilities cannot be accommodated in any other way. If a separate program is offered, the disabled student may still choose to utilize the non-separate program.

Off-Campus Programs

The ADA also applies to outside events sponsored by the university, such as externship placements, social events and athletic events and possibly study abroad programs. For example, the Office for Civil Rights (OCR) has opined that the need to provide an interpreter applied even to study abroad programs (College of St. Scholastica, 3 Nat'l Disability L. Rep. 196 (Sept. 15, 1992)). However, there is legal support for the proposition that Titles II and III of the ADA and Section 504 of the Rehabilitation Act do not apply outside the territorial boundaries of the United States, and therefore reasonable modifications are not legally required. This is based on the holding in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991) (Aramco) which held that legislation enacted by Congress does not extend beyond the territorial jurisdiction of the U.S. unless there is evidence of clear legislative intent to the contrary. Subsequent to the Aramco decision, Congress amended Title I of the ADA to expressly provide for extraterritorial application of the ADA in employment cases, however, no similar amendments were made to Titles II and III. In some instances, it may not be possible to provide complete accessibility at a certain site. Geographic separateness is one of the factors that will be considered by the courts in deciding whether providing the modification will constitute an undue burden. (See Section 4.3600 of the Title III "Technical Assistance Manual," and 28 CFR 36.104, definition of readily achievable.) Reasonable program access, as a whole, should be provided, and efforts should be made to make outside events accessible whenever possible.

State Licensing

This is a matter covered by the ADA and needs to be considered by the schools offering degrees which lead to professional state licensing, such as nursing, counseling, social work and law. This issue may be especially important when dealing with students who have emotional disabilities. Each school should have a written policy regarding the handling of such recommendations for fitness to practice, developed in consultation with the Office of General Counsel.

Checklist Questions 19-34

19. Is training provided to all those within your school or department on the requirements of the
ADA and 504?

20. How are your students made aware of the existence of the Office of Disability Support
Services and what it offers?


21. If you assist any outside employer in hiring students, have you verified that the employment
opportunities as a whole do not discriminate on the basis of disability? How is this
verification accomplished?

22. Have you reviewed internships and extracurricular activities to make sure that equal
opportunity is provided to those with disabilities? Are the organizations to which students
are sent for internships provided with a written statement of CUA policy on disabilities?

23. Are faculty and appropriate staff provided with training on the important issue of
confidentiality of student records?

24. Are faculty and appropriate staff aware of the university's policy for scheduling outside events?

25. Is there a checkpoint at which accessibility for outside events sponsored by your school or
department is reviewed?

26. How are individual professors and all other instructional staff apprised of the university's
policy on reasonable modifications?

27. If the school or department has a separate library, does the library follow the university
policy on ADA compliance?

28. Do the continuing education programs sponsored by the school or department comply with
the ADA?

29. Do alumni and development functions comply with the ADA?

30. Do all appropriate publications provide information on how to obtain reasonable
modifications?

31. Do you provide direction on where to find counseling services for students with alcohol and
drug problems?

32. Do you sponsor any intercollegiate club or intramural activities? If so, are they available and
accessible to students with disabilities?

33. Is the student given the choice of participating in the non-separate program or activity even
though a separate program may be offered?

34. For study abroad programs, does the brochure provide information about the level of
accessibility for students with physical disabilities?

Answers

Checklist Questions 19-34

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