Access for Guests, Program Participants, and Visitors with Disabilities

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Policy Number:
UW-150
Responsible Office:
Office of Compliance

University Policy

Rationale/​Purpose:

This policy seeks to comply with UW System Board of Regent policy, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, to prohibit discrimination based on disability. The university must provide reasonable accommodations to qualified guests, program participants, and visitors with disabilities to access and participate in its activities, events, programs, and services.

Definitions:
Accessibility Tagline Statement
A statement on event announcements informing program participants how they can request a reasonable accommodation for an activity, event, program, or service, and to whom and by when a request must be submitted. The Guide to Accessible Tagline Statements provides examples hosting units may use.
Disability
With respect to a person, a disability is a:
  • physical or mental impairment that substantially limits one or more major life activities (e.g., reading, writing, learning, breathing, hearing, seeing, bodily functions such as cell growth, etc.);
  • a record of having such an impairment; or,
  • being regarded as having such an impairment.
Hosting Unit
Any university program, unit, or department sponsoring or organizing—in full or through a third-party and whether within a university facility or otherwise—any university activity engaging program participants. In accordance with UW-6000 Use of Facilities and Land, “sponsoring” shall mean any level of involvement by a university department.
Interactive Process
Informal problem-solving process between the hosting unit and program participant, assisted by the McBurney Disability Resource Center as needed, to determine if the program participant has a legally protected disability, identify disability-related limitations creating barriers to the university activity, and identify potential reasonable accommodation(s) that may be effective in removing the disability-related barrier.
Program Participant
Any guest or visitor, including minors, participating in a university activity; a student or employee participating in a university activity unrelated to either their academic program or work duties may also be a program participant.
Reasonable Accommodation
An auxiliary aid, service, adjustment, or modification (e.g., sign-language interpreting, real-time captioning, materials in large print) that provides program participants with a disability an equal opportunity to participate in an activity, event, program, or service. A reasonable accommodation or modification does not:
  • result in a fundamental alteration in the nature of the activity, event, program, or service; or
  • pose an undue financial or administrative burden to the university.
University Activity
Any event, program, or service (e.g., workshop, exhibition, festival, recreation, merchandise retail) offered by a hosting unit of the university or on behalf of the university. 
University Disability Authority
The following university entities with disability subject matter expertise charged to ensure compliance to applicable laws protecting individuals with disabilities:
  • ADA Coordinator in the Office of Compliance;
  • Divisional Disability Representatives in consultation with the Employee Disability Resources Office (for employees or job applicants); and,
  • McBurney Disability Resource Center (for credit-earning or degree students, special students, guest auditors, prospective students, and all program participants).
Scope:

This policy applies to hosting units offering programming or services and to program participants with disabilities, including youth, seeking to participate in a university activity. Students with disabilities enrolled in a course or participating in a course-related event are supported through UW-855 Access for Students with Disabilities. Employees are supported through applicable employment accommodation policies. Employees and students may be considered program participants under this policy when seeking to participate in a university activity, event, program, or service unrelated to their work duties, employment areas, or academic program of study, but may request reasonable accommodation(s) through their established university disability authority.

Policy:

  1. Hosting Unit Responsibilities

    Hosting units will:

    1. Include an accessibility tagline statement in their event announcement.
    2. Timely acknowledge an accommodation request.
    3. Seek assistance from the McBurney Disability Resource Center with engaging the interactive process, as needed.
    4. Be responsible for promptly determining and communicating accommodation decisions; hosting units may contact the McBurney Disability Resource Center for consultation.
    5. Be responsible for organizing, procuring, purchasing, and implementing reasonable accommodations; hosting units may contact the McBurney Disability Resource Center for implementation guidance.

  2. Program Participant Responsibilities

    Program participants will:

    1. Submit their accommodation request to the hosting unit in the manner and by the date listed in the accessibility tagline statement.
    2. Engage in the interactive process as requested by the hosting unit or McBurney Disability Resource Center.
    3. Provide medical documentation only to the McBurney Disability Resource Center, if requested.

  3. Late Accommodation Requests

    If an accommodation request is made after the date listed in the accessibility tagline statement:

    1. Hosting units will attempt to implement late reasonable accommodation requests when feasible.
    2. If the request cannot be implemented due to lack of timely notification, hosting units may deny the request or offer an alternative without consulting the McBurney Disability Resource Center.

  4. Medical Documentation

    1. Supporting medical documentation can only be requested of the program participant if their disability is not readily obvious or apparent, it is unclear how the disability necessitates the need for an accommodation, or more information about the requested accommodation is needed.
    2. Only the McBurney Disability Resource Center may request medical documentation. Documentation submitted by the program participant to the hosting unit must be forwarded to the McBurney Disability Resource Center, and the hosting unit may not retain a copy.
    3. Program participants are responsible for covering any cost associated with obtaining medical documentation to verify a disability or need for reasonable accommodation, and the university bears the cost if it requests a second opinion.

  5. Accommodation Decision and Communication

    Hosting units must:

    1. Issue an accommodation decision as soon as feasible.
    2. Consult with the McBurney Disability Resource Center prior to approving an alternative accommodation or denying a requested accommodation unless the program participant indicates the alternative accommodation is effective, or the program participant did not provide timely notification about an accommodation and the hosting unit issues an alternative.
    3. Provide program participants a reason why an alternative accommodation was approved or the requested accommodation was denied.
    4. Inform program participants of their appeal options when approving an alternative accommodation or denying a requested accommodation.

  6. Appeal Options

    1. Program participants have appeal rights but should be informed that due to the expedient nature of university activities, they are encouraged to pursue an alternative dispute resolution option.
      1. Appeal to the ADA Coordinator.
        1. Program participants may file an appeal directly with the ADA Coordinator, and must do so in writing, no later than 30-calendar days from the date of accommodation decision regardless of attempts to resolve matters through an alternative dispute resolution option.
        2. Program participants are informed a decision may not be issued before the university activity occurs.
      2. Alternative Dispute Resolution Options.
        Program participants may:
        1. Initially attempt to resolve matters by contacting the hosting unit; or,
        2. Contact the McBurney Disability Resource Center to discuss the nature of the complaint and factors to consider as part of the interactive process to determine an alternative resolution, if contact with the hosting unit does not resolve the issue.

  7. Confidentiality

    A program participant’s accommodation or medical information will be kept confidential and not shared by the hosting unit or McBurney Disability Resource Center unless there is a legitimate need to share information with others to implement an accommodation, ensure safety, or maintain compliance with law.

  8. Non-retaliation

    It is against UW System Board of Regent policy and federal and state law to retaliate against an individual requesting a reasonable accommodation in terms of their opportunities to enjoy equal terms, benefits, privileges, or conditions of the university’s programs, including social, academic, or recreational activities.

  9. Consequences for Non-Compliance

    Failure to comply with disability laws may result in:
    1. Monetary damages as determined by the U.S. Department of Justice’s Civil Rights Division. The university may apply the damages to the hosting unit.
    2. Loss of federal funding as determined by the U.S. Department of Education’s Office for Civil Rights.
Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Policy Administration

Approval Authority:
Vice Chancellor for Legal Affairs
Policy Manager:
ADA Coordinator
Contact:
ADA Coordinator -- Ruben Mota, ada_coordinator@wisc.edu, (608) 265-4508
Director, McBurney Disability Resource Center -- Mari Magler, MARI.MAGLER@WISC.EDU, (608) 263-5174
Effective Date:
12-13-2024
Date Issued:
12-13-2024
Retrieved:
01-13-2025 09:54:12