I. Employees and Applicants with Disabilities
A. Notice of Non-Discrimination
Lynn University is committed to complying with all applicable provisions of the Americans with Disabilities Act Amendments Act (“ADAAA”), the Rehabilitation Act of 1973 and state and local disability laws, as applicable. 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 on 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 the Director of 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 notify Employee Services. All such inquiries or complaints will be treated as confidential to the extent permissible by law and be addressed pursuant to the University’s Non- Discrimination and Anti-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 (“ADA”) 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.
A student complaint is proper for a student feeling discriminated against because of their disability or who feels that their approved accommodations have not been met. Ideally, the student will have attempted to resolve the issue with the faculty or staff member informally prior to filing a formal grievance. If students intend 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 ADA Coordinator.
Within 10 days of receipt of the formal grievance, the ADA Coordinator or designee will meet with the complainant to discuss the complaint and the possible resolutions available. Within 10 days of the initial meeting, the ADA Coordinator 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 ADA Coordinator 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 Director of the Institute for Achievement and Learning. Within 10 days of receipt of the appeal, the Director of the IAL will meet with the complainant to discuss the grievance and possible resolutions. Ten days after this meeting, the Director of the IAL will respond in writing with a final resolution of the complaint.
All written complaints received by the ADA Coordinator or designee, appeals to the Director of the IAL, and responses will be retained by Lynn University for at least five years.
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
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. Academic Accommodations
Students or applicants for admission who wish to receive ADA Accommodations through Lynn University must apply with the ADA Coordinator or designee.
Current students can find the application packet on the ADA Services Page under Life at Lynn.
Students will complete an accommodation request form that states personal information including: disability diagnosis, treating physician, and accommodations sought. Additionally, students are required to submit medical documentation from the treating physician that shows a need for academic accommodations. Medical documentation may be in the form of diagnostic testing or a physician’s letter on official letterhead. Any testing or letter must be within the last three years and must be in English 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 by themselves.
After submitting both the request for services and accompanying medical documentation, the ADA Coordinator will review the student file. Within five business days, the ADA Coordinator will reach out to the student to set up a meeting and discuss possible accommodations. At the meeting with the ADA Coordinator, the student and ADA Coordinator 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 Coordinator, the student may appeal within five business days to the Director of the Institute for Achievement and Learning (IAL). After receipt of the appeal, the Director of the IAL, 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 under the IAL.
B. Concussions and Serious Physical Injuries
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.
An accommodation will only be granted if a student has met with a physician and has documentation to demonstrate the need for an accommodation based upon the physician’s recommendation. 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. Based upon the submitted diagnosis and documentation, the ADA Coordinator will determine whether or not academic accommodations are appropriate for the student.
Student non-athletes must provide documentation of a concussion or serious physical injury to the Campus Health Center, who will then conduct an onsite evaluation. The Health Center will notify the ADA Coordinator of their determination and make recommendations for potential accommodations and length of time. The ADA Coordinator then provides notification of temporary accommodations to professors. If symptoms persist beyond the time period provided by the Health Center recommendations, the student must be re-evaluated by the Health Center to set up new temporary accommodations through the same process as the initial accommodations.
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
• Note-taking services
• Use of sunglasses in the classroom setting
Since accommodations must not substantially alter a course or program, the ADA Coordinator will work closely with Professors throughout the process to safeguard against undue burden being placed on a student during their recovery from a concussion.
These services will conclude upon receipt of notification of medical clearance by the treating physician or at the pre-determined end date provided. A student is responsible for providing the clearance documentation to the ADA Coordinator, who will then notify professors of the clearance. 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.
Students are required to meet with the ADA Coordinator to determine the accommodations available to them, may include, but are not limited to:
• Required absence from class
• Extension for assignments due to absence
• Note-taking services
Since accommodations must not substantially alter a course or program, the ADA Coordinator will work closely with Professors throughout the process to safeguard against undue burden being placed on a student during their recovery from a concussion.
D. Student Housing Accommodations
To apply for any 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 an official request via email with supporting medical documentation. 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 a first-come, first-served basis and 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
• 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.
E. 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 be to either affirm the original housing decision made by the Housing Committee or to overturn the initial decision and grant a housing accommodation.
F. 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. Upon return to the institution, the student is guaranteed to return to the same academic and extracurricular status as prior to the excused leave. This includes allowing the student the opportunity to make up any missed course work or by allowing reasonable alternatives to make up missed course work. Excused absences related to pregnancy, childbirth, or related conditions will not impact any aspect of a student’s grade that may be based upon class participation or attendance.
Pregnant or parenting students will be afforded the same rights and accommodations afforded to students with temporary medical conditions. For additional information, please review the Accommodations policy and the Medical/Mental Health Leave of Absence Policy.
If you feel that you have been discriminated against upon the basis of pregnancy or pregnancy related status, please contact the Title IX Coordinator. For more information, please review the Sexual and Gender-Based Misconduct Policy.
III. 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.
IV. 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.
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. The animal is not specifically trained to perform tasks for a person who suffers from emotional disabilities. 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, 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 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.
Specifically, the student must submit documentation on the letterhead of a treating physician or qualified mental health provider documenting that: (1) the individual has a disability; (2) the animal is necessary for the individual to have an equal opportunity to use and enjoy their University residence; and that (3) there is an identifiable relationship between the disability and the assistance that the animal provides. 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 or fundamentally alter the nature of any of university’s programs or operations will not be permitted.
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.
• 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.
• 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 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. If the University’s facilities are used to bathe the animal, the owner or a designee will clean the area when done. 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.
C. 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 ADA coordinator, Employee Services, or the Vice President for Student Affairs.
The ADA Coordinator 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 and the individual submitting the complaint. 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.
V. 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 ADA Coordinator and IAL.
Policy updated on: Oct. 24, 2018