Disability accommodations (ADAAA)

The purpose of this Policy is to set forth provisions for Lynn University’s compliance with relevant legislation and establishes the University’s intent that qualified persons with disabilities be provided with reasonable accommodation to ensure equal access and equal opportunities with regard to the University’s programs and services. This Policy is intended to provide a method by which the University will process requests for disability accommodations.

It is the policy of Lynn University to comply with the Americans with Disabilities Act of 1990 (ADA), the Disabilities Amendments Act of 2008 (ADAAA), applicable provisions of the Rehabilitation Act of 1973, and applicable local laws that forbid discrimination against qualified individuals with disabilities. Accordingly, Lynn University provides reasonable accommodations to qualified employees, students, and applicants who have disabilities where such accommodations would not cause the University undue hardship. Lynn University strives to foster a culture where such students, employees, and applicants feel no hesitation about requesting accommodations that will enable them to participate in employment, academic, and University-sponsored extracurricular programs. Accommodations are not retroactive. The interactive process begins with the formal request of specific accommodations and supported with appropriate documentation.

Persons with disabilities are held to the same standards of conduct as other employees, students, or visitors, and a disability will not excuse misconduct.

Accommodation—Any change in the work environment, the educational experience, or the provision of services that enables a qualified individual with a disability to enjoy equal opportunity to perform the job, participate in the educational experience, or receive the provision of services.

Disability—An individual with a disability is defined as any person who (1) has a physical or mental impairment which substantially limits one or more major life activities; (2) has a record of such impairment; or (3) is regarded as having such an impairment.

Documentation—Those documents and reports that are required to be presented to the University by the person requesting an accommodation before any accommodation will be provided. Documentation consists of official written communications from a relevant qualified treating health professional (such as a physician, surgeon, psychiatrist, physical therapist, etc.). This communication must be current and must describe the diagnosis and nature of the disability, the major life function(s) effected, the functional limitations of the disability, and the recommendations of accommodations, and the health professional's medical license number.

Essential Function—A task or responsibility that is central (not marginal) to the purpose of the job, the class, or the activity.

Hardship—An undue hardship is an action that requires significant difficulty or expense in relation to the size of the University, the resources available, and the nature of the job, operation or activity.

Major Bodily Functions—Major bodily functions include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

Major Life Activity—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 and major bodily functions, which include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. An individual's ability to perform a major life activity is compared to most people in the general population.

Qualified Individual with a Disability—One who, with or without reasonable accommodation, can perform the essential functions of a particular job or meet specific academic/program requirements for participation in a University sponsored program, service, or activity.

Reasonable Accommodations—An action that may be taken by the University to accommodate an individual with a documented disability, without imposing an undue hardship on the University.

Substantially Limits—An individual’s major life activity is substantially limited if he/she is unable to perform a major life activity that an average person in the general population can perform. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Mitigating measures taken by the individual will not be taken into consideration in determining whether the individual is substantially limited in a major life activity, except for corrective eyewear.

I. Employees and Applicants with Disabilities

A. Notice of Non-Discrimination

It is the University’s policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of that individual’s disability or perceived disability so
long as the employee can perform the essential functions of the job. Consistent with this policy of nondiscrimination, the University will provide reasonable accommodations to a qualified individual with a disability who has made the University aware of his/her disability, provided that the accommodation does not constitute an undue hardship or an action requiring significant difficulty or expense to the University.

Employees and applicants with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should contact Employee Services. Lynn University encourages individuals with disabilities to come forward and request a reasonable accommodation. If no disclosure is made, and the disability is not readily apparent, Lynn University will not be able to make a reasonable accommodation.

B. Requesting an Accommodation

Lynn University will make a good faith effort to provide a reasonable accommodation to qualified applicants and employees with disabilities to ensure their equal access to employment with the University unless it would result in an undue hardship to Lynn University. On receipt of an accommodation request, a member of Employee Services and the employee’s supervisor will meet with the employee to discuss and identify the precise limitations resulting from the disability and potential reasonable accommodation(s) that Lynn University might make to help overcome those limitations.

Employee Services will contact the employee to discuss the request and will inform the employee of its decision on the accommodation request or on how to make the accommodation. An employee or job applicant who believes that he or she has been discriminated against based on a disability should follow the Discrimination and harassment policy. All such inquiries or complaints will be treated as confidential to the extent permissible by law and be addressed pursuant to the University’s Discrimination and harassment policy.

All records regarding accommodation requests will be maintained by Employee Services for a minimum of three years after termination of employment or receipt of a permanent medical disability.

C. ADAAA Grievance Policy

This procedure is in accordance with the requirements under the Americans with Disabilities Act of 1990 (“ADAAA”), and may be used by anyone who wishes to file a formal complaint alleging discrimination on the basis of a documented disability on file with Lynn University in its provision of services, activities, programs, or benefits by the University.

D. Lactation Accommodation and Rooms

The University will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for her infant child. The break time will be unpaid. Moreover, the University makes reasonable efforts to provide employees with private spaces on campus for breast-feeding.

II. Students and Admissions Applicants with Disabilities

Notice of Non-Discrimination

In accordance with our mission, federal, and applicable state laws, the University is committed to making reasonable accommodations for qualified applicants for admission and enrolled students with disabilities. It is the policy of the University not to discriminate on the basis of disability in any of its educational services, programs, or activities.

A. Requesting Academic Accommodation(s)

Students or applicants for admission who wish to receive ADA Academic Accommodations through Lynn University must notify the ADA Specialist or designee.

Students are required to submit medical documentation from the treating healthcare provider that demonstrates the need for academic accommodations to the ADA office. Documentation should be in the form of diagnostic testing and must include diagnosis, functional limitation, and the need for accommodation(s). Recommendations for accommodations must be based on objective evidence indicated by test results and clinical observations. All documentation must be submitted in English along with an interpretation of test results. All documentation should be within the last three years to be considered. Supplemental documentation can include a student’s high school IEP or 504 plan, but may not be sufficient to receive accommodations under the ADA.

After submitting the appropriate documentation, the student should contact the ADA Academic Specialist or designee to schedule a meeting to discuss possible accommodations. At the meeting with the ADA Academic Specialist or designee, and the student will engage in the interactive process and determine appropriate accommodations.

If a student is denied accommodations under the ADA, and is not satisfied with the determination of the ADA Academic Specialist, the student may appeal within five business days to the ADA Coordinator. After receipt of the appeal, the ADA Coordinator, within 10 business days will review the student’s file, meet with the student to discuss the appeal, and grant a final decision on whether the student will be granted or denied accommodations

B. Concussions

Lynn University recognizes the importance of the physical health and well-being of its students, and therefore has created protocol to ensure that students are physically able to perform in the classroom after a concussion.

A concussion is defined by the Mayo Clinic as a traumatic brain injury that alters the way the brain functions. Effects are usually temporary but can include headaches and problems with concentration, memory, balance and coordination.

While physical rest is a traditional means of healing for those who suffer a concussion, cognitive rest is another means to assist the student in recovery. Due to this, Lynn University will provide temporary academic accommodations to give the student the best chance of returning to full health. In order to access this service, a student must undergo a medical consultation and be diagnosed by a physician who is trained in dealing with concussions or other brain injuries. If a student has undergone diagnosis and treatment for a concussion, they are eligible to access academic accommodations.

Student Athletes

An accommodation will be granted at the time the athletic trainer notifies the ADA Coordinator. Once the student athlete has met with a physician and has documentation to demonstrate the need for an accommodation, this information will be given to the ADA Coordinator. . The ADA Coordinator, athletic trainer, and student will remain communicative during the cognitive rest and return to learn period. Student athletes are responsible for notifying their professors of their temporary accommodations. Once the temporary accommodation has concluded via the treating physician’s documentation, the temporary accommodation will end. Student athletes are responsible for informing their professors that the accommodation has ended. If the concussion occurs during a Lynn University event, students must be treated by the University’s Medical Director who will work closely with the athletic trainers on campus. If a student voluntarily resumes physical activity, without notifying the ADA Coordinator, the student’s academic accommodations will cease.

Student Non-Athletes

Student non-athletes may go to the Campus Health Center for suspected concussions or seek external medical assistance. The Campus Health Center can conduct an onsite evaluation. If the Health Center

confirms a concussion, they will refer the student non-athlete to an external specialist. The Health Center will assist the student with obtaining appropriate documentation. If the Health Center documents a concussion, then they will notify the ADA Coordinator of their determination and make recommendations for potential accommodations and tentative length of time. If the health Center determines that the student is better served externally, they will assist in connecting the student to the ADA Coordinator.

The ADA Coordinator, Health Center, and student will remain communicative during the cognitive rest and return to learn period. Student non-athletes are responsible for notifying their professors of their temporary accommodations. Once the temporary accommodation has concluded via the treating physician’s or Health Center documentation, the temporary accommodation will end.

These accommodations will be treated the same as ADA academic accommodations, and cannot be denied by faculty members. Academic accommodations that are granted under this policy are temporary in nature and will end when the treating physician clears the student to return to normal activity. Accommodations, may include, but are not limited to:

• Required absence from class
• Extension for assignments when under cognitive rest
• Extended time on exams
• Use of sunglasses in the classroom setting

It is important to note that accommodations must not substantially alter a course or program. If a student voluntarily resumes physical activity, without notifying the ADA Coordinator, the student’s academic accommodations will cease.

C. Serious Physical Injury Policy

Lynn University recognizes the importance of the physical health and well-being of its students, and therefore has created protocol to ensure that students are physically able to perform in the classroom after a serious physical injury.

A serious physical injury is defined by federal statute as: an injury that: (a) is life threatening; (b) results in permanent impairment of a body function or permanent damage to a body structure; or (c)necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure.

If a serious physical injury results in a student being unable to attend courses based upon physician recommendation, students have the ability to work with the ADA Coordinator to receive temporary academic accommodations. In order to access this service, a student must undergo treatment by a physician and provide medical documentation to show that an academic accommodation would be appropriate.

Based upon the submitted diagnosis and documentation, and a meeting with the student, the ADA Coordinator will determine whether or not academic accommodations are appropriate for the student. These accommodations will be treated the same as ADA academic accommodations, and cannot be denied by faculty members. Academic accommodations that are granted under this policy are temporary in nature and will end when the treating physician clears the student to return to normal activity, or when the student is physically able to return to normal classroom functions.

It is important to note that accommodations must not substantially alter a course or program.

D. Pregnant and Parenting Students

Title IX prohibits discrimination upon the basis of sex which includes pregnancy, parenting and any related conditions. Lynn University prohibits discrimination based upon pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from any of these conditions. The following accommodations and services are available to pregnant and parenting students to assist them with their ability to fully enjoy the benefits of their education at the University:

Absences related to pregnancy, childbirth, or related conditions will be excused for as long as the student’s treating physician deems medically necessary. Students wishing to avail themselves of academic accommodations should submit medical documentation to the ADA Coordinator from their treating healthcare provider that demonstrates the need for academic accommodations. Documentation should be in the form of diagnostic testing and must include diagnosis, functional limitation, and the need for accommodation(s). Recommendations for accommodations must be based on objective evidence indicated by test results and clinical observations. Accommodations may include modified class attendance.

Pregnant or parenting students will be afforded the same rights and accommodations afforded to students with temporary medical conditions.

If you feel that you have been discriminated against upon the basis of pregnancy or pregnancy related status, please contact the Title IX Coordinator.

If pregnant or parenting students take an approved medical leave of absence, upon return to the institution, the student is guaranteed to return to the same academic and extracurricular status as prior to the leave of absence.

E. Student Housing Accommodations

To apply for an ADA housing accommodation, a student must file a request with the ADA Coordinator. The application can be obtained from the ADA Services website under Life at Lynn or by submitting the ADA Housing Accommodation application official request via email with supporting medical documentation. The student must complete the entire application and submit medical documentation that shows a need for a housing accommodation. This documentation should be on official letterhead of the treating physician and at a minimum include: the physician’s signature and medical license number, a formal diagnosis, length of treatment, functional limitation of the diagnosis in the housing setting, recommendations for housing accommodations, and reasoning for the recommendation.

Housing accommodations are reviewed on need and a first-come, first-served basis. All determinations are made based on need after a careful review of all submitted aspects of the application. The Director of Housing and Residence Life and the ADA Coordinator will meet to discuss each application individually and on a case-by-case basis, and will make a decision as to whether an accommodation is available based upon submitted material. Lynn University has limited ADA medical singles on campus, and staff members do their best to meet accommodation requests; however, housing space is limited.

To be fully considered for an ADA housing accommodation, the ADA Coordinator should receive applications by the following dates:

• Returning students: prior to the traditional housing selection process (March 15)
• New students: June 1

If students miss these deadlines, their requests will still be processed; however due to limited availability, the likelihood of an accommodation decreases. Initial ADA housing accommodation decisions will be sent out through the ADA Coordinator, no later than the end of March for returning students and mid-June for new students. Once the initial decision is sent, students have 5 days to appeal the decision of the housing committee, and can do so by following the ADA Housing Appeal Policy.

Any housing accommodation provided under this policy is granted for one year in length, and is not guaranteed for any other school year. Students must re-apply for an ADA housing accommodation each year.

F. ADA Housing Appeal

To file an appeal of an ADA housing accommodation, a student must submit a signed letter within 5 days of receipt of the initial decision, to the Dean of Students, stating that they wish to appeal the housing decision that was made by the ADA Coordinator and Director of Housing. In the letter, the student must state the reason for which they are appealing the initial housing accommodation decision. The student may also submit any additional documentation that they wish to be considered during the appeal process.

All ADA housing accommodation appeals will be heard by the Dean of Students, or designee. Upon receiving the formal appeal, the Dean of Students, or designee, will review the initial housing accommodation request and documentation, as well as all additional material submitted with the formal appeal letter. The Dean of Students, or designee, will make a formal finding within 10 days of receiving the file. The decision of the Dean of Students, or designee, will either affirm the original housing decision made by the Housing Committee or to overturn the initial decision and grant a housing accommodation.

III. Service and Support Animals

The purpose of the following policies is to establish requirements for accessibility, behavior, and treatment of service and support animals on campus and to support Lynn University’s compliance with the Americans with Disabilities Act of 1990 as amended, Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act and Amendments.

Definitions

Service Animal—any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability.

Emotional Support Animal—an animal that a university student with a disability requires due to their disability for use in their university residence in order to have an equal opportunity to use and enjoy their residence/dwelling or to participate in the residence life program. The animal provides emotional support, which alleviates one or more identified symptoms or effects of the student’s diagnosed disability, but which are not considered Service Animals. The animal is not specifically trained to perform tasks for a person. There must, however, be an identifiable and medically indicated relationship between the individual’s disability and the assistance the animal provides. Unlike a Service Animal, a Support Animal is not granted access to places of public accommodation and they are not permitted in other areas of the University (e.g. libraries, academic buildings, classrooms, dining areas, labs, work areas, student centers, athletic facilities, etc.).

Owner—a member of the university community with a disability who uses a service or support animal as an accommodation on the University’s campus.

A. Service Animals Policy

Service Animals, as defined by the Americans with Disabilities Act (see Definitions), are generally permitted in campus buildings, residence halls and on the University campus. The University, however, may prohibit the use of Service Animals in certain locations due to health or safety hazards, where Service Animals may be endangered, or where their use may compromise the integrity of research or fundamentally alter the nature of a program or activity. Restricted locations include, but are not limited to: research laboratories, classrooms with demonstration/research animals present, medical areas, mechanical rooms or custodial closets, workshops with operating machinery, and food preparation areas. The appropriate Cabinet member with oversight responsibilities for the area in question will determine the safety of locations. If a location is determined to be unsafe for the use of a Service Animal, alternative reasonable accommodations will be explored and provided as appropriate to ensure the individual equal access to the activity.

B. Emotional Support Animals in University Housing Policy

Under the Fair Housing Act and Amendments, a student with a disability may request to keep an Emotional Support Animal, as a reasonable accommodation in university housing facilities. In order to qualify for such an accommodation, the Emotional Support Animal must be necessary to afford the individual an equal opportunity to use and enjoy a residence hall or to participate in the university’s residential life program. Further, there must be a relationship, or connection, between the individual’s disability and the assistance the animal provides. An Emotional Support Animal is allowed only in a student’s residence hall room and in designated outdoor areas.

1. Emotional Support Animal Application and Approval Procedures:

Students requesting to have an Emotional Support Animal residing in university housing must apply with the ADA Coordinator by providing a formal request explaining the need for an Emotional Support Animal, the support that the animal provides to alleviate the disability, and medical documentation of a disability or psychological diagnosis.

Specifically, the student must (1) submit a copy of their most recent psychological and/or educational evaluations pertaining to their disability, emotional and/or psychological diagnosis; (2) have a treating physician or qualified mental health provider complete the Emotional Support Animal Treating Physician Form documenting that: (a) the individual has a disability; (b) the animal is necessary for the individual to have an equal opportunity to use and enjoy their University residence; that (c) there is an identifiable relationship between the disability and the assistance that the animal provides; (3) a signed letter from a veterinarian on business letterhead stating the following: (a) the Emotional Support Animals immunizations as required by the state of Florida have been given and are up to date; (b) evidence of monthly flea treatment and evidence of hookworms and roundworms treatment; (c) type of Emotional Support Animal; (d) breed; (e) age of Emotional Support (animals must be at least 12 months old); (f) that the animal is housebroken and (g) that the Animal is in good health; and (4) proof that Emotional Support Animal is licensed in accordance with county and state laws. Determination of reasonable accommodation will be determined on a case-by-case basis and include, but is not limited to, consideration of the following: is there an identified need; does the animal pose a direct threat to the health and safety of others; would the animal pose an undue financial and administrative burden on university; or would the animal fundamentally alter the nature of any of University’s programs or operations. Animals that may pose a health risk or danger to others; fundamentally alter the nature of any of university’s programs or operations; size of the animal is too large for available housing space; cage/tank used to house the animal is too large for available housing space; or animal that requires an additional heating source (heat lamps/elements) will not be permitted.

To be considered for an Emotional Support Animal accommodation, the ADA Coordinator should receive all the completed requirements by the following dates:

• Fall Semester: June 15
• Spring Semester: December 1

The ADA Coordinator will initially review all requests and determine whether the necessary information or documentation is present. Alternative accommodations may be discussed during this process and offered where appropriate.

Upon approval, the student will be notified and an Emotional Support Animal Agreement will be signed by both the owner and the ADA Coordinator that will outline the rights and responsibilities of having an Emotional Support Animal on campus. If a request is denied, an appeal can be filed within 5 business days to the Chief Compliance Officer.

2. Residence Hall Responsibilities:

• Emotional Support Animals must be kept in student residence halls rooms and are not allowed in public areas of the residence hall except to enter or exit the building and are not allowed in other campus buildings. All roommates or suitemates of the owner must sign an agreement allowing the approved animal to be in residence with them. In the event that one or more roommates or suitemates does not approve, either the owner and animal or the non-approving roommates or suitemates, as determined by the Office of Housing and Residence Life, may be moved to a different location.
• Approved animals may not be left overnight in university housing to be cared for by another student. Animals must be taken with the student if they leave campus for more than one day.
• The owner must notify the ADA Coordinator in writing if the approved animal is no longer needed as an approved animal or is no longer in residence. To replace an approved animal, the owner must file a new request in writing to the ADA Coordinator.
• If fleas, ticks or other pests are detected, the residence will be treated using approved fumigation methods by a University approved pest control service. The owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls.
• The University reserves the right to inspect the owner’s residence to ensure it is being properly cleaned and that sanitary and safe conditions are being maintained.
• Owners are responsible for any expenses incurred for cleaning above and beyond a standard cleaning or for repairs to University premises that are assessed after the student and animal vacate the residence. The University shall have the right to bill the student account of the owner for unmet obligations.
• Owners are financially responsible for the actions of the approved animal including bodily injury or property damage. The owner’s responsibility covers but is not limited to replacement of furniture, carpet, window, wall covering, and the like. The owner is expected to cover these costs at the time of repair and/or move-out.
• The Office of Housing and Residence Life has the ability to relocate owner and approved animal as necessary according to current contractual agreements.
• Owners are allowed to have Emotional Support Animals in outdoor areas on campus, but must have the animal under their control at all times either tethered of in their cage.
• The owner agrees to continue to abide by all other residential policies. Reasonable accommodation which may constitute an exception to a policy that otherwise would prohibit having an animal does not constitute an exception to any other policy.
• Any violation of the above responsibilities may result in immediate removal of the animal from the University and may be reviewed through the University disciplinary process. The owner will be afforded all rights of due process and appeal as outlined in that process.
• Should the approved animal be removed from the premises for any reason, the owner is expected to fulfill his/her housing obligations for the remainder of the housing contract, unless a waiver is granted. Alternative accommodations and support will be discussed with the student as appropriate.

C. Service and Emotional Support Animal Owner’s Responsibilities

• Service and Emotional Support Animals must be licensed in accordance with county and state laws.
  
• Service and Emotional Support Animals must be house broken prior to coming onto campus and/or staying in residence halls.
• All shots and vaccinations must be kept current. Emotional Support animal records should be submitted to the ADA Coordinator during the application process. Service Animal vaccinations should be available upon request, in the case of an incident involving the Service Animal. Rabies vaccination tags must be displayed at all times.
• Service Animals must be under the owners control at all times. The animal must be under the owner’s direct, physical control with a harness, leash, or other tether, unless either the owner is unable because of a disability to use these, or the use of one of these would interfere with the service animal's safe, effective performance of work or tasks. If so, the service animal must be otherwise under the owner's control (e.g., voice control, signals, or other effective means).
• Emotional Support Animals must be kept in the student’s residence hall room and are not allowed in public areas of the residence hall except to enter or exit the building and are not allowed in other campus buildings. When entering or exiting the building, the Emotional Support Animal must be on a leash, harness, or other type of control device, or in a cage.
• The Service or Emotional Support Animal is expected to display reasonable behavior and not be disruptive. If disruptive behavior occurs, owners are expected to utilize appropriate techniques to deal with the behavior. Disruptive behavior can be grounds for removal of the service or Emotional Support animal from campus.
• Service and Emotional Support Animals are expected to be in good health. Owners must take steps to address any health issues that occur in a reasonable time frame.
• Owners are expected to maintain at their expense the animal’s hygiene and keep the animal clean and well groomed. Flea/tick treatments are essential and preventative methods must be given on a routine basis. University’s facilities are not to be used to bathe the animal and the University is not responsible for this task.
• The care of the animal is solely the responsibility of its owner. The animal must be housebroken. The owner must always carry equipment sufficient to clean up the dog’s waste and immediately remove and dispose of the waste. Members of the University community who are not physically able to pick up and dispose of animal waste are responsible for making all necessary arrangements for assistance. The University is not responsible for this task.
• Owners are always to dispose of animal waste in designated trash areas; disposal of animal waste in residence hall trashcans is not acceptable.

D. Complaints and Exclusion of a Service or Emotional Support Animal

The University may remove a Service or Support Animal from campus for the following reasons:

• The animal is not under the direct physical control of the owner;
• The animal’s behavior is disruptive to its surroundings or other members of the university community;
• The animal poses a direct threat to the health and safety of others;
• The animal’s presence fundamentally alters the nature of a program or activity;
• The owner fails to comply with any of her/his responsibilities under this policy and corresponding procedures.
• The owner violates any aspect of their Emotional Support Animal Agreement that is signed each academic year.

Any member of the University may submit a complaint about a Service or Emotional Support Animal, identifying one or more concerns in the areas listed above. Persons with concerns may contact a member of Campus Safety, the office of Student Conduct, Employee Services, or the Vice President for Student Affairs.

The office of Student Conduct will commence an investigation and make a determination based on a complaint of any alleged violations of this Policy or corresponding procedures. The determination will be provided to the owner. If the investigation determines that a student has violated any provision of this policy and corresponding procedures, the matter will be referred to Student Affairs for proceedings consistent with the provisions of the Student Code of Conduct. If the investigation determines that an employee or visitor to the campus has violated any provision of this policy, the matter will be referred to Employee Services for further investigation. In addition to the warnings and sanctions outlined in the Student Code of Conduct, a finding substantiating the violation of this policy may also lead to the removal of the animal from Lynn University premises.

IV. ADAAA Student Grievance Policy

A student complaint is proper for a student feeling discriminated against because of their disability or who feels that their approved or not-approved accommodations have not been implemented with fidelity or have not been granted. Ideally, the student will have attempted to resolve the issue with the ADA Coordinator. If the student is reporting that a faculty or staff member is not implementing their accommodation with fidelity, then the student should attempt to discuss the issue with the faculty or staff member prior to informing the ADA Coordinator. If the student is not satisfied after discussions with the ADA Coordinator, then the student should file a formal grievance. If the student intends to appeal a grade or test score in addition to filing an ADA grievance, the academic appeal timeframe and policy must be adhered to.

The student complaint should be in writing and contain information about the alleged discrimination. The following is information to be included: name, address, phone number of complainant, time and date of incident(s), and sufficient detail about incident of discrimination. The written complaint should be submitted by the grievant and/or his/her designee as soon as possible after the incident, but no later than 60 calendar days after the alleged violation.

All formal grievances must be submitted to the Vice President for Academic Affairs or designee.

Within 10 days of receipt of the formal grievance, the Vice President for Academic Affairs or designee will meet with the complainant to discuss the complaint and the possible resolutions available. Within 10 days of the initial meeting, the Vice President for Academic Affairs or designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response will include the position of Lynn University and offer options for substantive resolution of the grievance if such resolutions are possible and deemed necessary.

If the response of the Vice President of Academic Affairs or designee and Lynn University does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal within 15 calendar days after receipt of the response to the Compliance Office. Within 10 days of receipt of the appeal, a designee from the Compliance Office will meet with the complainant to discuss the grievance and possible resolutions. Ten days after this meeting, the Compliance Office designee will respond in writing with a final resolution of the complaint.

All written complaints received by the Vice President for Academic Affairs or designee, appeals to the Compliance Office and responses will be retained by Lynn University for at least five years.

V. Campus Visitors with Disabilities

Lynn University provides reasonable accommodations to campus visitors with disabilities. For information regarding campus accessibility and accommodations for University sponsored events, please contact the event sponsor, who will work with Lynn University staff to ensure accessibility, at least ten days prior to the event/visit.

VI. Disability-Related Discrimination or Harassment

Allegations of discrimination or harassment on the basis of a disability will be investigated and resolved pursuant to the University’s Non-Discrimination and Anti-Harassment Policy.

To learn more about this policy or the supporting procedures, please contact Student Accessibility Services at [email protected].