This guide is divided into three parts:  

• Procedures 
• Descriptions 
• Rights/Responsibilities.  

Section I is mainly for students, though faculty should be aware of some of the information contained in this section.  Sections II and III include important information for both students and faculty.  A full guide, which includes information about the Americans with Disabilities Act, Section 504 of the Act, and student and faculty rights and responsibilities, is available at the Academic Resources office.

I.     Procedures for Applying and Using Accommodations

Below is a list of procedures, summarized for quick access.  Questions should be directed to the Academic Accessibility Services Coordinator (AASC) at ADAcompliance@maritime.edu or at 508-830-350.

• WHAT TO SUBMIT:  Documentation required for academic accommodations may be found on the website under Academic Accessibility Services (found under the Academic Resources tab).  In short, we require a psychological evaluation conducted within 3 years of the date of enrollment.  A psychological evaluation is not the same as a 504 Plan or IEP.
• WHERE TO SUBMIT:  All documentation should be sent to ADAcompliance@maritime.edu.  No documentation should be sent to the AASC’s personal email.  All other correspondence regarding accommodations should also be sent to ADAcompliance@maritime.edu. 
• WHEN TO SUBMIT:  Ideally, students should turn in their documentation before the start of the semester so that accommodations are in place for the entire term, but students may provide documentation to apply for accommodations at any point.
• Accommodations are not retroactive:  if you take a test in the morning and your instructor receives your accommodation form in the afternoon, you may not go back and retake the test with accommodations.  This is why getting the paperwork done before the semester begins is highly recommended.
• REQUIRED MEETING:  Students who are newly applying for accommodations are required to meet with the AASC to go over their accommodations, how they work, and the students’ responsibilities regarding accommodations before the accommodations can be put into place.
• Once accommodations are granted, they are in place for the students’ entire time at the Academy.  There is no need to seek another psychological evaluation or reapply.
• ONGOING STUDENT RESPONSIBILITIES:  Each semester students must contact ADAcompliance@maritime.edu with a list of the instructors to whom the AASC should send the accommodation form.  According to federal law, we cannot release an accommodation form to anyone whom the student does not specifically name.  This is entirely the students’ responsibility.
• Students should also meet with their instructors outside of class to discuss their accommodations.
• Students should notify instructors at least a week before scheduled exams/tests to make sure that their accommodations will be met.
• If students have any issues with their accommodations not being met, they should first take them up with the instructor; if that does not fully resolve the situation, students should contact the AASC.

II.     Academic Accommodations--Descriptions

Below are descriptions of the accommodations that are most commonly granted, and explanations for how each accommodation is used in the classroom.  This is not meant to serve as a complete list, as at times students will qualify for other accommodations.  In those situations, faculty and students will be notified separately regarding the accommodations and how they should be put into place.

Extended time for exams, tests, and quizzes

For timed tests, students will receive up to, but not exceeding, time-and-one-half.  So if a test is timed at 50 minutes, then students with accommodations should receive up to 75 minutes.  

If any students who don’t have accommodations in place are given extra time, then students with accommodations should be assigned 1.5 times the extended time that other, non-accommodated students receive.  For example, if a final exam is designed to take about an hour, but the class is given the full 2-hour period to complete it, then students with accommodations must be given three hours to complete the exam.
Extended time is only granted for exams, tests, quizzes.  Extended time does not apply to assignments on which students work outside of class, such as essays, group projects, Powerpoints, etc., or to other in-class assignments.

Use of earbuds/earplugs to reduce distractions during testing

At this point, since there is no separate testing room to reduce potential distractions, students with this accommodation are allowed to wear earplugs or earbuds during testing.  They should also be encouraged to sit wherever they will be less distracted.  (To obtain a free pair of single-use earplugs before a test, students can come to the Academic Resource Center.)
If they choose to wear earbuds, students should not be listening to anything (other than white noise or other sounds to help block distractions) during the test; they are to be used for noise reduction/cancellation only.  This accommodation is to be used only during testing, except when otherwise specified.

Use of laptop/computer/chromebook during essay exams

The laptop may be the student’s or may be provided by IT, depending upon faculty preference. (If the device is provided by IT, arrangements must be made in advance.) The laptop may or may not be connected to the internet, according to the faculty member’s preference.  In addition, any software allowances (such as Grammarly or spellcheck) are entirely at the faculty member’s discretion.  The only part of the accommodation that must be in place is the use of a keyboard, in order to type rather than handwrite.
In addition, if the exam/quiz is not essay-based, there is no need for the student to have access to a keyboard during testing.

Calculator use during exams and quizzes

Students with this accommodation are allowed to use a basic, non-graphing, 4-function calculator on exams, even if/when other students are not allowed to use calculators.  The student must provide the calculator, which should be checked by the faculty member.  (Students may check out a calculator at Academic Resources and return it after testing.)

Study guide for tests

This accommodation does not allow students to use a study guide during tests, but does assist students in organizing and preparing for tests.  Faculty members should cue the students on what to cover while studying for an upcoming test, but the “guide” can take many forms, including but not limited to:  an announcement in class as to what to study for the upcoming test (e.g.:  Chapters 2 and 3, paying attention to terms in bold); a list of topics/issues/terms to know for the test; an outline of topics covered for the test (including either detailed or broad subject areas); lists of formulas; practice problems of a type similar to those on the test; etc.  Students with this accommodation may receive the same study guide as the rest of the class.

Evaluation of in-class assignments and exams to exclude spelling

Students with this accommodation should not be graded on spelling, but may be graded on grammar, syntax, mechanics, or any other aspect of their writing.  In addition, when spelling is crucial to the test/assignment (such as a vocabulary test), then faculty may grade for spelling ability.  Another example to consider is one where the misspelling could mean that the answer is wrong, or actually has another meaning entirely, such as a one-letter difference between two chemicals, such as nitrates and nitrites:  in this case, spelling may be counted as well.

Ability to record lectures, with notification to the instructor

The Academic Accessibility Services Coordinator (AASC) will require students with this accommodation to agree to use the recordings exclusively for their own study; not to distribute the recordings to anyone else, including, but not limited to, sharing with others in the class, posting on social media, or publishing the recordings; and to destroy/delete the recordings when the course ends.  Students must sign an agreement, which will be kept on file in the Academic Resources office. The AASC will notify the students’ entire class at the beginning of the semester that class sessions may be recorded (without identifying information about the accommodated students), and will follow up with the accommodated students at the semester’s end to remind them that all recordings must be destroyed.  Student violations of this policy will be treated as Honor Code violations.

Audio textbooks

Through learningally.org, bookshare.org, or some other entity, students with this accommodation are allowed to access audio textbooks in class when other students are asked to consult written texts.  Students would then be allowed to use earbuds to listen to textbooks while the rest of the class is reading.  This accommodation does not allow students to access audio books randomly during class, during exams, during lectures, or at other times that the rest of the class is not accessing written texts.

Front row/preferred seating

Most students with this accommodation will likely want to sit in the front row to increase focus and reduce distractions.  However, there are students who may need to sit on the side or in the back of the classroom for other reasons.  

If students arrive late to class but prefer to sit in the front row (or elsewhere), and there is no seat open in their preferred spot, they should choose the closest available seat.  Students should attempt to arrive early for class in order to find an open seat in the area where they prefer to sit.  However, seating is limited by the confines of and furniture in the class, so reasonable compromises may be made.  
Students’ accommodation status should never be revealed to the rest of the class (as in asking Student #1 to change seats with Student #2 because Student #2 “has front row seating”), so any issue with the situation should be taken up between student and instructor outside of class.

There are instances, though, when students cannot, due to their condition, sit in an empty seat that is not placed appropriately.  In that instance, the student should speak to the instructor outside of class to attempt to resolve the issue.  If a satisfactory arrangement cannot be reached, the AASC will reach out to the instructor to bring about a resolution. 

Copy of instructor notes, if available/possible

Instructor notes can include an outline, Powerpoint presentation, handwritten notes, Xerox copies of notes, digital notes—any notes that the instructor can share with the student.  What this accommodation does not include are instructors’ knowledge/ideas that are not kept in note form and/or not referred to in class lectures/discussions, or have not been created (that’s what the “if possible” refers to).  In other words, instructors are not obligated to write out notes when none exist, simply because a student in the course has this accommodation.  For example, a Social Science instructor may pass out an outline to their class content, but lecture from that outline from memory rather than notes; thus the outline serves as the instructor’s notes.
Instructors will often post Powerpoints, videos with notes, and outlines on Blackboard for the entire class.  These documents fulfill the terms of the accommodation, even when all students are receiving the notes.

Use of laptop/chromebook/computer to take notes during lectures and/or complete in-class written assignments

Instructors who otherwise do not allow students to use devices in class must allow students with this accommodation to use a keyboard to write in class.  Instructors may decide not to allow students to use a device that is connected to the internet, or decide that students may not have access to certain software, or decide that the student must use a school-issued device; all of these decisions are within the instructor’s purview.  However, the student must be allowed to use a device with a keyboard.

III:  Some Faculty and Student Rights and Responsibilities

• Students should know that the AASC cannot release their accommodation form without the students’ permission.  This includes students’ families.
• Students may have to sign additional paperwork with the AASC, depending upon their accommodations.
• Students should know that once granted, accommodations are in place for the entire time that they attend MMA, regardless of whether they graduate in 4 years, or whether they use their accommodations each semester.
• Faculty members should know that if they ask the AASC whether a student has accommodations, the AASC cannot comment on the student’s accommodation/disability status without permission from the student.  So when students say that they have accommodations on file, and faculty members have not received an accommodation form for the student, the faculty members should always go back to the students and tell them to contact the AASC.  Since students are required to notify the AASC each semester regarding which instructors they would like to receive their accommodation form, it is likely that they neglected to send this notification to the AASC.
• Both faculty and students should know that if there is an issue with putting an accommodation in place, they should first discuss it together.  If they cannot resolve the issue, then they should reach out to the AASC.  The AASC can be reached at ADAcompliance@maritime.edu, or at 508-830-5350.

(Updated July 2023)
 

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation and telecommunications.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.  {Please note:  as a state university of the Commonwealth, Massachusetts Maritime Academy is considered a “public entity.”}

No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. For the purposes of this section, the term "program or activity" means all of the operations of - (2)(A) a college, university, or other post-secondary institution, or a public system of higher education.

The ADA Amendments Act of 2008 (Public Law 110-325, ADAAA) became effective January 1, 2009. The ADAAA expands interpretation of the ADA's coverage, which has been narrowly construed by case law in a number of decisions by the Supreme Court. Because Congress viewed those decisions as limiting the rights of persons with disabilities, the ADAAA explicitly reversed those decisions. It also rejected portions of the regulations published by the Equal Employment Opportunity Commission (EEOC) that interpret Title I (the employment-related title) of the ADA. The ADAAA makes changes to the definition of the term "disability," clarifying and broadening that definition -- and therefore the number and types of persons who are protected under the ADA and other Federal disability nondiscrimination laws.

The ADAAA requires that courts interpreting the ADA focus on whether the covered entity has discriminated, rather than whether the individual seeking the law's protection has an impairment that fits within the technical definition of the term "disability." The Act retains the ADA's basic definition of "disability" as: 1. an impairment that substantially limits one or more major life activities; 2. a record of such an impairment; or 3. being regarded as having such an impairment.  

ADAAA renews Congress’ commitment to ensuring that all Americans with disabilities are able to participate to the fullest possible extent in all facets of society. By broadening the definition of disability in the ADA, the ADAAA provides protection for persons previously excluded by Supreme Court cases. Future cases under the ADA will focus less on the threshold question of whether a person is disabled, and will focus more on whether discrimination occurred, including whether an accommodation or modification was unjustly denied.
 

Massachusetts Maritime Academy is committed to providing reasonable accommodations for students with documented disabilities. The AASC works in collaboration with the faculty and other campus departments to provide support for students with disabilities. This coordination of efforts complies with the mandates of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

At the post-secondary school level, a student must disclose his learning differences in order to receive reasonable academic accommodations, and a student must submit documentation from a qualified professional stating the nature of the disability and its impact on the student’s learning in the college environment. This evaluation documentation must be completed within three years of enrollment to Massachusetts Maritime Academy. An Individualized Education Plan (IEP) without underlying assessment documentation is not acceptable. The specific documentation criteria required is also available on the MMA website.

Once documentation is received and reviewed by the AASC, a support services plan is developed with the student. Depending upon the nature of the disability, students may be eligible for one or more of the following accommodations, among others:
 

• Extended time for quizzes and tests (not to exceed time and one half)
• Preferential seating
• Priority registration
• Keyboard use for exams and in-class assignments
• Ability to record lectures
• Audiobooks

Reasonable accommodations will be arranged for a student provided the accommodation does not substantially alter the fundamental nature of the academic class or program.

Intake Meeting

After a student has been admitted to MMA and the proper documentation has been submitted, an intake meeting with the student and the AASC will be arranged. After a review of the documentation the student and the AASC will determine how the recommended accommodations will best meet the individual needs of the student. The intake meeting will consider the learning styles of the student and a mutual agreement plan will be developed as to how best to accommodate those differences during the academic year.

Forms Process

During the first two weeks of class, a student should contact the AASC at ADAcompliance@maritime.edu to request their Accommodation Form be sent to the student’s professors. The form will be sent electronically to each professor the student identifies. The professor will sign the form, electronically, and submit it. The forms contain a menu of accommodations. The specific accommodation needed by the named student will be indicated by a bold X next to it. 

Ideally, the student should schedule a meeting in the professor’s office for a thoughtful and private discussion regarding how to best meet the accommodations. Once the professor has electronically signed the Accommodation Form, (s)he should make a notation on his/her roster indicating that the named student is entitled to accommodations, and/or make a hard copy of the Accommodation Form. It will be left up to the professor and the student to arrange how to meet the accommodations.

With proper documentation, students are entitled to accommodations at any point during the semester. However, for students’ academic success, since accommodations are not required to be given until the professor has been notified, these procedures are strongly encouraged during the first two weeks of class.
Accommodations are not retroactive.

Once electronic verification has been sent to the professor, a student’s responsibility does not end; for example, student must notify a professor in advance of any test or quiz for which (s)he will require extended time. This is in order that arrangements may be made ahead of time, if needed. For scheduled quizzes and exams, a professor should be notified one to two class periods beforehand, if possible. For a final exam, a professor should be notified a week in advance. Failure to give adequate notice to professors of the need for extended time may result in the accommodation not being provided.
 

Mid-semester Accommodation

Occasionally, a student may not want to disclose a known disability, expecting that (s)he will succeed without academic accommodations. When the academic workload, coupled with Regimental responsibilities, becomes overwhelming, a student at mid-semester may suddenly realize (s)he needs help. Provided that this disclosure and documentation submission is timely (timely is not considered to be the day of an exam), the same initial forms procedure is to be followed: documentation submission, intake meeting, Accommodation Form requested by the student and signed by professors.

Appeal Process

There are times when a professor is not in agreement with a student’s accommodation. A discussion between the student and the professor about the reasons for denial and any suggested alternatives should take place. If the matter is resolved satisfactorily between student and professor, the AASC will have no further involvement. A professor should print a copy of the Accommodation Form and note in writing on the Accommodation Form why (s)he is not agreeable to the accommodation, what alternative, if any, will be made, and the professor should have the student initial it. This written explanation is necessary and is required by the Office of Civil Rights. A signed and dated written record may protect against potential personal and institutional liability at a later date. A copy should be sent to the AASC.

Case law supports a professor’s denial of an accommodation if the essential nature of the academic class or program is altered by it. However, any denial or alternative adjustment must be supported with a written statement. If no explanation is given, if a student is not in agreement, or if the denial appears arbitrary and an essential nature of the class is not compromised, the AASC will mediate the accommodations issue. If that discussion cannot reach a mutual resolution, a meeting with the Dean of Undergraduate Studies and the Department Chair will be arranged to fully vet the issue. Since arbitrary denials of accommodations can violate civil rights afforded to disabled students under the ADA and Section 504 of the Rehabilitation Act, and can predispose parties to personal and institutional liability, a final determination by MMA legal counsel (Form 107) will be made, if necessary.
 

Student ADA Claims

Students who have a disability or who suffer from a temporary disability may be eligible to receive reasonable accommodations in their work and study environment at MMA. The AASC works interactively with all departments to ensure compliance under the Americans with Disabilities Act. When a request is made to the AASC, submission of supporting medical documentation may be necessary. Depending upon the particular nature and duration of the disability, periodic medical documentation and/or an independent evaluation may be required.

Division of Graduate and Continuing Education

Each student enrolled in coursework at MMA has the right to reasonable accommodations according to his/her disability, regardless of the delivery system. Students enrolled through the Division of Graduate and Continuing Education follow the same procedures described above. The student must submit documentation from a qualified professional stating the nature of the disability and its impact on the student’s learning in the college environment. Once documentation is received and reviewed by the AASC, a support services plan is developed. An accommodation form will then be completed and electronically sent to the student’s instructors. Students enrolled in DGCE courses have the same rights and responsibilities as all other students at MMA.

Massachusetts Maritime Academy is committed to providing reasonable accommodations for students with documented disabilities. The ADA defines a disability as a physical or mental impairment that substantially limits one or more life functions.

Disability documentation for the purpose of providing accommodations must accomplish two goals so that effective accommodations can be identified:

• establish the disability, and
• provide adequate information on the functional impact of the disability.

To that end, the following criteria for outside evaluation have been established for providing documentation to MMA.

Documentation of the disability must have been completed within three years of the date of enrollment. An I.E.P. or 504 Plan, without underlying assessment documentation, is not sufficient documentation and does not carry over to the college level. A diagnosis of impairment, alone, does not establish that an individual has a disability within the meaning of Section 504 or Title II. Rather, the impairment must substantially limit a major life activity. The documentation must include a description of the disability-related impairments as they relate to the individual's ability to learn and participate in their educational program. Accommodations cannot be provided until complete documentation has been received by the Academic Accessibility Services Coordinator (AASC).

The AASC provides services to students with disabilities, working with each individually. Students with learning disabilities must establish eligibility for services and/or reasonable accommodations by providing disability documentation from a professional licensed or certified to diagnose and treat their disability.

Learning Disabilities

Disability documentation for students with Learning Disabilities must be provided by one of the following:

• Licensed psychologist
• Licensed neuropsychologist

Such documentation should be the result of comprehensive adult-level testing completed no earlier than the student’s 10th or 11th grade of high school, for traditional students.

Documentation must include the following:

• Diagnosis and DSM code
• History
• Observations
• Comprehensive standardized adult IQ test, recommended: the WAIS-III or –IV, with results and interpretation of all sub-tests included
• Comprehensive test of achievement, recommended: the Woodcock-Johnson, with results and interpretation of all sub-tests included.
• Conclusions
• Summary
• Recommendation of accommodations

 Additional evaluations are the professional call of the diagnostician, and will help insure the credibility of the eligibility criteria, as well as providing our staff with valuable insight into the student’s disability-related accommodation requests and abilities.

 The evaluator must include specific recommendations that address the specific learning disability. (The recommendations usually appear on the last page of the testing results. Please be sure they are included.)

Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD)

Students with ADD or ADHD must establish eligibility for services and/or reasonable accommodations by providing disability documentation from a professional licensed or certified to diagnose and treat their disability.

Disability documentation for students with ADD or ADHD must be provided by one of the following:

• Licensed psychologist
• Licensed neuropsychologist

Such documentation should be the result of a comprehensive adult-level testing completed no earlier than the student’s 10th or 11th grade of high school, for traditional students.

Documentation must include the following:

• Diagnosis and DSM code
• History
• Observations
• Comprehensive standardized adult IQ test, recommended, the WAIS-III or -IV, with results and interpretation of all sub-tests included
• Comprehensive test of achievement, recommended, the Woodcock-Johnson, with results and interpretation of all sub-tests included.
• Comprehensive attentional assessments, recommended are the TOVA (Test of Variable Attention), the Connors Continuous Performance Test CPT-3, PASAT (paced auditory serial test),
• Conclusions
• Summary
• Recommendation of accommodations

Additional evaluations are the professional call of the diagnostician, and will help insure the credibility of the eligibility criteria, as well as providing our staff with valuable insight into the student’s disability-related accommodation requests and abilities.

The evaluator must include specific recommendations that address the specific learning disability. (The recommendations usually appear on the last page of the testing results. Please be sure they are included.)

Medical or Physical Disabilities

Students with medical or physical disabilities work primarily with the Health Services Office. Health Services will coordinate with Academic Accessibility Services to identify reasonable, appropriate accommodations. Request for reasonable accommodations, auxiliary aids and academic adjustments on the basis of a medical or physical disability that substantially limits one or more major life activities which might include but are not limited to: seeing, hearing, speaking, walking, breathing, sleeping and/or working.

Comprehensive and detailed information documenting a medical or physical disability and the need for services must be certified by a licensed physician, psychologist, psychiatrist, social worker, neurologist, speech pathologist or other appropriate professional. Massachusetts Maritime Academy reserves the right to determine the nature and extent of reasonable accommodations, thus additional documentation may be requested to assist in identifying appropriate reasonable accommodations.

Documentation should include:

• A clear diagnostic statement including a description of the duration and severity of condition and the current impact of (or limitation imposed by) the disability within the college setting.
• A statement regarding treatments or services used to minimize the impact of a disabling condition.
• Currently prescribed medications if the side effects of such medications create barriers to learning.
• Recommendations for accommodations that are reasonable and validated by current documentation.
• The name, title, address and phone number of certifying professional(s) including date of diagnosis and/or evaluation.
• Test results of auditory functioning or impairment and aids used (hearing aids, FM systems, cochlear implants, etc.)
• Visual acuity and aids used

The evaluator must include specific recommendations that address the specific disability. (The recommendations usually appear on the last page of the testing results. Please be sure they are included.

Documentation may be sent Academic Accessibility Services by:

 mail: Academic Accessibility Services        e-mail:ADAcompliance@maritime.edu Massachusetts Maritime Academy

101 Academy Dr.                                 FAX: (508) 830-6406

Buzzards Bay, MA 02532

A professor is entitled to deny a particular accommodation if the accommodation:

• fundamentally alters a requirement of a course or program
• results in an undue financial or administrative hardship for the institution
• is not actually an accommodation, but rather a personal service

However, meticulous record keeping is required to protect against potential personal and institutional liability at a later date.

1. The professor should note, in writing, on or attached to a copy of the Accommodation Form why (s)he is not agreeable to the accommodation and what alternatives, if any, will be made.
2. The professor and student should discuss the reason for denial and the suggested alternatives.
3. If the student and professor agree, the student should initial the Accommodation Form with the suggested alternatives. No further action is required.
4. If no explanation is given, or if the student is not in agreement, or if the denial appears arbitrary, the AASC will mediate the accommodation issue.
5. If no mutual resolution can be reached, a meeting with the Dean of Undergraduate Studies and Department Chair will be arranged to fully discuss the issue.
6. Arbitrary denials of accommodations can violate civil rights afforded to disabled students under the ADA and Section 504 of the Rehabilitation Act and can predispose parties to personal and institutional liability. As a result, a final determination by MMA legal counsel will be made, if necessary.
    

MMA is responsible for the resolution of grievances arising under Title II of the Americans with Disabilities Act. While the college encourages the immediate resolution of issues through the procedures outlined above, parties may also access a formal grievance procedure.

The Academic Accessibility Services Coordinator is responsible for providing advice and assistance to individuals who believe they have been discriminated against on the basis of disability. An individual may choose to take action as follows:

1. Request an informal investigation and mediation process. This process may be used with or without the use of the complainant’s name. If the complainant is not satisfied with the conclusions reached in the informal investigation and mediation process, a formal complaint may be filed at a later date.
2. Request a formal investigation and hearing process. This option may be used with the complainant's permission to use his/her name.
3. File a charge directly with the local, state or federal agency having jurisdiction. This option may be used separately or in conjunction with the informal or formal investigation process. These agencies include:

U.S. Office of Education/Office of Civil Rights
Room 222, McCormack Post Office and Court House Building
Boston, MA 02109

U.S. Equal Employment Opportunity Commission 1 Congress Street, 10th Floor
Boston, MA 02114

Massachusetts Commission Against Discrimination
One Ashburnton Place
Boston, MA 02108
 

Rights

It is the faculty member’s right to:

• determine course content and general methods of teaching
• ensure that course standards are not lowered or compromised
• ensure that a student has demonstrated mastery of the essential course requirements in order to obtain an appropriate grade
• fail any student who does not demonstrate mastery of essential course requirements
• request a written agreement before allowing a students to record a class lecture
• expect all students to adhere to the college code of conduct, regardless of whether they have a disability
• challenge an accommodation request if the faculty member believes 1) the accommodation would result in a fundamental alteration of the program, 2) the institution is being asked to address a personal need, or 3) the accommodation would impose an undue financial or administrative burden.

Responsibilities

As an employee of MMA, which has compliance obligations under federal laws, faculty have a shared responsibility in providing reasonable academic accommodations for students with disabilities. It is the faculty member’s responsibility to:

• provide the accommodations listed on the student’s accommodation form unless the student has agreed otherwise
• contact the AASC if there is a question or concern about the accommodations and how they will be provided
• respect a student’s right not to request or use accommodations
• direct student questions about accommodations to the AASC
• provide a “Reasonable Accommodation” statement on each course syllabus. Please include a statement similar to the following: “Massachusetts Maritime Academy is committed to providing reasonable accommodations to students with documented disabilities. Students who believe they may need accommodations in this class are encouraged to contact Dr. S. Elaine Craghead, Assistant Dean and Academic Accessibility Services Coordinator, ideally within the first two weeks of class. Accommodations are not retroactive. Dr. Craghead can be contacted at ADAcompliance@maritime.edu or at x5350.”
   

Rights

Each student has the right to:

• confidentiality of all information related to their disability
• equal access to courses, programs, services, jobs, activities, and facilities available through the college
• reasonable accommodations according to their disability
• self-disclose and to seek accommodations
• decline accommodations
• contact the AASC to discuss learning difficulties, academic accommodations and the accommodation process at MMA

Responsibilities

Each student is responsible for:

• contacting the AASC for an appointment
• submitting documentation that meets MMA guidelines
• discussing academic accommodations with the AASC
• requesting the accommodation form be sent to instructors EACH semester
• self-disclosing to each instructor and ensuring that the accommodation form is requested EACH semester
• working with each instructor to arrange to receive the academic accommodations indicated on the accommodation form

Students registered with Academic Accessibility Services who require academic accommodations are strongly encouraged to request their Accommodation Form from the AASC within the first two weeks of each semester, since accommodations are not retroactive. The form is sent electronically to the identified professors. The professor electronically signs the form, and submits it through DocuSign. The professor may make a copy for reference. Accommodations for Sea Term will already be in place and forms will be available from a designated person on board the ship.

By law, the AASC may not disclose the nature of a student’s disability. However, to enhance the learning environment, and to cultivate a supportive professor-student relationship, it is strongly encouraged that students meet with their professors to discuss their accommodations and to see how the professor may help to accommodate their learning difference.
 
When an exam is scheduled, students must notify the professor of their special exam accommodations so that the professor can make timely arrangements.

• for a scheduled quiz, notify the professor at least three (3) days before the quiz
• for a scheduled exam/mid-term, notify the professor at least seven (7) days before the exam
• for a final exam, notify the professor at least a week to ten days (7 – 10 days) before the exam

Massachusetts Maritime Academy is committed to providing reasonable accommodations for students with documented disabilities. However, if a requested accommodation fundamentally alters the nature of a particular class or program, the professor does not have to agree to the accommodation. A dialogue between student, professor, and the AASC can ensure a reasonable accommodation alternative in the event of a denial.

Qualified Status

The student has a continuing obligation to be qualified. The protections provided by the law are to ensure that he/she has the same opportunities as nondisabled individuals to compete and/or participate.

The law does not insulate nor shield the student from the obligation to demonstrate entitlement to those opportunities nor is it intended to permit them “to obtain an advantage over nondisabled peers.” (See Long v. Howard University (2006))

Two important aspects of the law are:

1. Educational institutions are not required to either “lower academic standards” or “fundamentally alter” programs or services to accommodate students with disabilities.
2. The student with disabilities must “meet essential standards required for participation in order to remain qualified, regardless of whether the failure to meet the requirements is due to disability.” (See Long v. Howard University, supra; and University of Texas Medical Branch, 30NDLR 154, March 2005 (Disability and Higher Education: Guidance for Section 504 and ADA Compliance, p 1:5)
    

As a student transitions to the college level, they need to be aware that the accommodation process changes when they go from secondary to post-secondary education. However, many high school special educators and guidance counselors are unaware of the difference in laws ruling K-12 versus post-secondary education. Faculty are encouraged to refer students to the AASC if there seems to be confusion about accommodations provided at MMA.

Accommodations that students receive in high school may not be applicable in college. In fact, colleges are not obligated to provide the same services received in high school. The following table may be instructive in clarifying some of the differences between services in high school and services in college:
 

Letter to:  Western Illinois University, No. 05-06-2039 (107 LRP 2640) (OCR 2006)

Summary: The OCR closed a disability discrimination complaint against WIU after the university entered into an agreement with the student resolving his allegations.  In his complaint, the student alleged that he was subjected to discrimination based on his disability when his professor denied his request for academic adjustments.

WIU entered into an agreement with the student.  WIU promised to provide the professor with training by a qualified professional on implementing the requirements of Section 504 of the Rehabilitation Act and Title II of the ADA, especially with regard to providing academic adjustments and auxiliary aids to students with documented disabilities.

The agreement stated that specific information on how to respond to a student’s request for academic adjustments would be included in the training.  WIU agreed to inform the student when training had been completed.  WIU also promised to encourage faculty to attend WIU’s Disability Awareness Fair.  Finally, WIU agreed to reimburse the student $150 for fee expenses he incurred after registering for the course.

Since OCR was not a party to the agreement, it would not monitor its implementation.  Rather it would evaluate the new allegations of discriminations to determine the appropriateness of further efforts by the office.

(Disability Compliance for Higher Education, 2008 Year Book, p 3-8).

Despite common perception to the contrary, there is no right to absolute confidentiality under FERPA.  Faculty are encouraged to contact the AASC with questions or for clarification.

“Education records” are protected under FERPA.  To clarify, education records are:

• made, maintained or used only in connection with treatment of the student; and

• disclosed only to individuals providing the treatment.  For purposes of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.

The FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their child's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Although the law does say that the parents' rights afforded by FERPA transfer to the "eligible student," FERPA clearly provides ways in which an institution can share education records on the student with his or her parents. To assist this process, the FERPA Student Release Form following this section may be printed and signed by the student.

Student rights under FERPA:

• to inspect and review the student's education records maintained by the school;

• to request that a school correct records which they believe to be inaccurate or misleading;

• schools must have written permission from the eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law.

For additional information call 1-800-USA-LEARN (1-800-872-5327) (voice). Individuals who use TDD may call 1-800-437-0833.

Or contact:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW Washington, D.C. 20202-8520

FERPA Release Form

Students who have reached age 18, or who are enrolled in post-secondary education, must personally authorize the release of educational records.  This includes releasing information to parents/guardians.  To assist in that process, the following “FERPA Student Release” may be printed, signed by the student, and submitted to the AASC at MMA to authorize the release of information to parents/guardians.

Both the Americans with Disabilities Act and Section 504 of the Rehabilitation Act require that tests be administered in a manner that does not unlawfully discriminate against individuals based on disability.  Under the ADA and Section 504, accommodations are designed to neutralize the effects of the individual’s disability.

A common accommodation for students is extended time for testing, not to exceed time and one half.  Testing is an integral part of course instruction.  As such, instructors are encouraged to arrange testing accommodations during the academic day, at a time and place where the professor would be available to the student. This will allow the student access to the instructor to answer questions, provide clarification, etc.

Extended time testing is a disability-based clinical judgment that demands the knowledge of a clinician with expertise in that area.  Appropriate testing accommodations are determined based on a student’s disability and individual needs.  However, an institution is not required to provide any academic adjustments that would lower academic standards, fundamentally alter the nature of the program, or impose an undue burden on the college.

Letter to: George Mason University, No. 11-06-2077 (107 LRP 28416)(OCR 2007)

Summary: The student alleged that she was discriminated against on the basis of her disability by being penalized for utilizing testing accommodations.  The student’s accommodations included “extended time and a half on exams.”  Specifically, she claimed that she took the second test in a course during a special testing period and was not provided the same access to the instructor as students who took the test in the classroom at the regularly scheduled time.

The student asserted that during the in-class portion of the second exam, she was denied the same access to the professor as students who took the exam in the classroom at the regularly scheduled time. The OCR stated that “Given the passage of time and the somewhat conflicting recollections of both the [student] and the professor, it is not entirely clear what access [she] had to the professor during the entire in-class portion of the exam that she took in the conference room.”

The OCR found no indication that the professor scheduled the student’s exam at a time when he would be unavailable.  In addition, the student admitted that she did not object to the time he scheduled the test.  OCR observed that at the least, she would have had access to the professor once the regularly scheduled exam had started.

(Disability Compliance for Higher Education, 2008 Year Book, p 3-7).

Letter to: Bridgewater State College, No. 01-05-2058 (106 LRP 24203)(OCR 2005)

Summary: Once a student has provided appropriate documentation of a disability and followed the appropriate procedures for requesting accommodations, the college must then ensure that those accommodations are made available to the student.

The student complained to OCR that the college discriminated against him on the basis of his disability when it did not give him the accommodations he had requested for his senior seminar midterm.  The student acknowledged that for the most part he received appropriate accommodations for his examinations. However, the testing accommodations broke down on occasion.

The college agreed that he did not get the accommodations he should have for his senior seminar midterm.  It explained that his professor became ill unexpectedly and the college did not make alternative arrangements for him to the take the exam with the appropriate accommodations.

The OCR stated that “While the failure to provide accommodations was understandable, given [the professor’s] sudden illness, it nonetheless forced [the student] to take an exam under conditions that were not appropriate for him in light of his disability.” Accordingly, it concluded that the college was not in compliance with federal disability law.

(Disability Compliance for Higher Education, 2007 Year Book, p 3-6).

“No otherwise qualified person with a disability in the United States… shall, solely by reason of… disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”

Understanding Section 504 is imperative, because it is the foundation for all terminology and access that impact students with disabilities at the college or university level.

Under Section 504 a person with a disability is any person who:

• Has a disability or mental impairment which substantially limits one or more major life activities;
• Has a history of such an impairment; or
• Is regarded as having such an impairment.

A qualified person with a disability is defined as one who:

• Meets the academic and technical standards requisite to admission or participation in the education program or activity.

Section 504 protects the rights of qualified individuals who have disabilities such as, but not limited to:

Disability is legally defined as:

Sec. 12102. Definition of disability

(1) DISABILITY.—The term ‘disability’ means, with respect to an individual—

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).

(2) MAJOR LIFE ACTIVITIES.—

(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) MAJOR BODILY FUNCTIONS.—For purposes of paragraph

(1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(3) REGARDED AS HAVING SUCH AN IMPAIRMENT.—For purposes of paragraph (1)(C):

(A) An individual meets the requirement of ‘being regarded as having such an impairment’ if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION OF DISABILITY.—The definition of ‘disability’ in paragraph (1) shall be construed in accordance with the following:

(A) The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.

(B) The term ‘substantially limits’ shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.

(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

(D) An impairment that is episodic or in remission is a disability if it would substantially limit a majo r life activity when active.

(E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—

(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or auxiliary aids or services; or

(IV) learned behavioral or adaptive neurological modifications.

(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph—

(I) the term ‘ordinary eyeglasses or contact lenses’ means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

(II) the term ‘low-vision devices’ means devices that magnify, enhance, or otherwise augment a visual image.

(Pub. L. 101-336, Sec. 3, July 26, 1990, 104 Stat. 329; Pub. L. 110-325, Sept. 25, 2008, 122 Stat. 3555.)