Accommodations Policy

PURPOSE

The purpose of this Policy on Accommodations is to ensure that Hudson County Community College (“College”) provides equal access to employment and educational opportunities, programs, services, and facilities for individuals with disabilities or different learning and working abilities. These students, employees, and members of the public, who are beneficiaries of the college's programs and services, are essential members of the diverse culture on our campus. The College is committed to providing these individuals with an inclusive educational experience.

POLICY

The College and its Board of Trustees (“Board”) prohibit discrimination on the basis of disability. The College is committed to providing equal access to employment and educational opportunities, programs, services and facilities for individuals with disabilities and different learning and working abilities in accordance with the Americans with Disabilities Act (ADA) of 1990 as amended in 2008; Section 504 of the Rehabilitation Act of 1973 (Section 504); the New Jersey Law Against Discrimination, which prohibits discrimination on the basis of disability; and other applicable rules and regulations as may be amended from time to time.

The College recognizes that some individuals, including individuals with disabilities as defined by the applicable laws, may need reasonable accommodations to participate in or benefit from its educational programs, services, and activities, and to have equal employment opportunities.

The College will provide reasonable and appropriate accommodations in accordance with the applicable laws to enable qualified employees, students, and members of the public to participate fully in the campus community. Employees, students, and members of the public with disabilities who are seeking accommodations should notify the Office of Accessibility Services of any accommodation requests and supply all required supporting documentation.

The Board delegates to the President the responsibility to develop procedures and guidelines for the implementation of this policy. The Office of Accessibility Services will ensure compliance with this policy in all matters.

Procedures

Employee Process for Requesting Accommodations Procedure

The College is committed to ensuring equal access to employment opportunities and support by providing reasonable accommodations for employees with documented disabilities and medical or pregnancy-related conditions in accordance with the Policy on Accommodations. The process outlined below has been implemented so that employees can request reasonable accommodations.

I. Employee Procedure for Requesting Accommodations

The responsibility of initiating a request for reasonable accommodations lies within the prospective employee, or current employee with a disability. A request and determination of reasonable accommodations is processed through the Director of Diversity, Equity and Inclusion for Accessibility Services in the Office of Accessibility Services or designee. Qualified applicants and employees in need of an accommodation shall make a request verbally or in writing to the Director or designee at any time.

The procedure below describes how a reasonable accommodation can be requested by a prospective employee or current employee:

1. 1. The employee must complete the Employee Accommodation Request Form.
  2. The employee must provide supporting medical documentation required in accordance with applicable laws to register with the Office of Accessibility Services. The Employee Medical Inquiry Form should be completed by the individual’s medical provider.
  3. The employee must submit the Employee Request Form and Employee Medical Inquiry Form to the Director or designee.
  4. Upon submission of the requested forms, the Director or designee will conduct a comprehensive review and meet with the employee to engage in the interactive process to discuss the accommodation request in greater detail.
  5. The Director or designee will meet with the area supervisor, area leadership, and Human Resources for a consultation regarding the employee’s accommodations and essential functions of the employee’s position. The goal of the consultation is to determine whether the requested accommodations pose an undue hardship, and, if so, alternative accommodations will be explored.
  6. If the employee is found to be eligible for reasonable accommodations, the Director or designee will notify the employee’s supervisor in writing to formally report the employee’s eligibility for accommodations under the ADA.
  7. The Director will respond to the employee in writing and provide a formal Letter of Accommodation noting the approved accommodation and the effective date within thirty (30) days following the interactive process. The Letter of Accommodation will be submitted to the employee’s supervisor and to the Office of Human Resources to be kept in the employee’s personnel folder.

Delays in providing requested documentation may result in the inability to implement reasonable accommodation requests within a timely manner.

II. Decision on the Reasonable Accommodation Request:

Upon thorough review of the process in this procedure, the Director will notify the employee in writing of the approval or the reason(s) for the denial of the request. If employees disagree with the decision or with the proposed accommodations plan, they may appeal using the Accessibility Services Grievance Procedure for Employees and Community Members.

III. Disability and Accommodation Resources:

Questions or concerns regarding the policy, procedure or allegations of non-compliance should be directed to the following:

Danielle L. López
Director of Diversity, Equity and Inclusion for Accessibility Services
Section 504/Title II Facilities Coordinator
Office of Accessibility Services
71 Sip Avenue (L010)
Jersey City, NJ, 07306
(201) 360-5337
dlopezFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Josianne Payoute
Director of Benefits and Compensation
Office of Human Resources
70 Sip Avenue
Jersey City, NJ, 07306
(201) 360-4072
jpayouteFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

TBA
Vice President for Human Resources
Office of Human Resources
70 Sip Avenue
Jersey City, NJ, 07307
(201) 360-4071

Yeurys Pujols, Ed.D.
Vice President for Diversity, Equity and Inclusion
Title IX Coordinator
Office of Diversity, Equity and Inclusion
71 Sip Avenue
Jersey City, NJ, 07307
(201) 360-4628
ypujolsFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

IV. Forms for Employees Requesting Reasonable Accommodations:

Please contact the Office of Accessibility Services if you have questions or concerns regarding the request forms. Alternate formats are available upon request.

Employee Accommodation Request Form
Employee Medical Inquiry Form

V. Definitions:

Accessibility:  the proactive practice of providing access to information, activities, or environments in a way that is inclusive, equitable, meaningful, and usable for as many people as possible, including people with disabilities.

Auxiliary aids and services: ensure effective communication and include qualified sign language interpreters, notetakers; real-time captioning; closed captioning, alternate formats, accessible electronic and information technology, etc.
Example: Providing accurate closed captioning of video content to individuals who are deaf or hard of hearing to have access to the same information in an equally integrated manner.

Disability: Under the Americans with Disabilities Act (ADA), the word “disability” is defined as a person; 1) who has a physical or mental impairment that substantially limits one or more major life activities; or, 2) a person who has a history or record of such an impairment; or, 3) a person who is perceived by others as having such an impairment.

Essential Job Functions: Essential functions are those job activities fundamental to the position that are determined by the employer to be core to performing the job. A function is essential if not performing or modifying that function would fundamentally change the job and/ or occupation for which the position exists.

Equal access and opportunity: the opportunity for a qualified person with a disability to participate in or benefit from educational aid, benefits, or services that is equal to and as effective as the opportunity provided to others.

Interactive Process: a discussion about an applicant's or employee's disability- applicant or employee, health care provider and employer each share information about the nature of the disability and the limitations that may affect his or her ability to perform the essential job duties. This discussion is the foundation of compliance with the Americans with Disabilities Act.

Major Life Activity: Under the ADA, major life activities refer to functions that are most important to one’s daily life such as breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working.

Under the Americans with Disabilities Act Amendment Act of 2008, the term “major bodily functions” was implemented to include functions such as immune system functions; normal cell growth; digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Reasonable Accommodation: Reasonable accommodation refers to the modifications or adjustments to a job application process that enables a qualified individual with a disability to be considered for the position sought, to receive modifications or adjustments to the work environment, or the manner or circumstances under which a job is performed which permits the employee to perform the job in a reasonable manner. An accommodation is reasonable if it removes or mitigates the barriers to performance caused by the individual’s impairment and does not cause undue hardship to the employer. Accommodations are determined during the interactive process with the prospective employee or current employee and are determined based on the nature of the job and departmental responsibilities. Examples of accommodations include but are not limited to the following:

Modified work schedules and flexible leave policies to accommodate medical treatment and restrictions.

Modification or purchase of equipment and assistive devices.

Pregnancy-related conditions are covered under the Pregnant Workers Fairness Act (“PWFA”). Under the PWFA, applicants or employees may be eligible for reasonable accommodations due to known limitations related to, or affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

Substantially limiting: significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major life activity.

Undue Hardship: an accommodation or action requiring significant difficulty or expense when considered in light of factors such as the College’s size, financial resources, and the nature and structure of its operation. Undue Hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.

Accessibility Services (AS) Employees Appeal Procedure

The College has implemented this internal appeal procedure for employees with disabilities who have followed the proper procedures for requesting accommodations in a timely manner but believe that they have not been granted appropriate or denied reasonable accommodations, or believe that approved accommodations have not been effectively implemented.

The College will attempt, when practical, to first resolve all appeals through its informal process as outlined below. If this does not resolve the issue, the formal process will then be utilized to issue a decision following an investigation.

The AS appeal procedure does not supersede or replace other College policies and procedures.

The College prohibits any retaliation against individuals for filing an appeal or grievance.

Informal Process

1. 1. An employee may request that their accommodation request denial or implementation be reviewed and reconsidered by the AS Office.
  2. The appeal should be submitted in writing (see Appeal Form for guidance regarding needed information) to the AS Director, and should be done so as soon as possible after the denial or event serving as the basis for the appeal, in order to ensure a prompt and impartial review into the matter.
  3. The AS Director will review the request and any related documentation, and meet with the employee to discuss the appeal.
  4. The AS Director will respond to the employee in writing with their decision on the matter within thirty (30) days of the receipt of the request.
  5. If the employee is satisfied with the outcome of this process, the appeal will be considered resolved.

Formal Process

1. 1. An employee who is not satisfied with the outcome of the Informal Process (above) may file a formal appeal. The appeal must be submitted on the Appeal Form to the Chief Diversity Officer (CDO). Again, the appeal should be filed as soon as possible after the decision/event that serves as the basis for the appeal.
  2. The CDO will review the appeal, any related documentation, consult with relevant parties, and meet with the employee.
  3. The decision by the CDO will be in writing to the employee and delivered within thirty (30) days of the submission of the appeal. The decision of the Chief Diversity Officer is final.

Accessibility Services (AS) Students Appeal Procedure

The College has implemented this internal appeal procedure for students with disabilities who have followed the proper procedures for requesting accommodations in a timely manner, but believe that they have not been granted appropriate or denied reasonable accommodations, or believe that approved accommodations have not been effectively implemented.

The AS appeal procedure does not supersede or replace other College policies and procedures (grade appeal, etc.)

The College prohibits any retaliation against individuals for filing an appeal or grievance.

Informal Process

1. 1. A student may request that their accommodation request denial or implementation be reviewed and reconsidered by the AS Office.
  2. The appeal should be submitted in writing (see Appeal Form for guidance regarding needed information) to the AS Director, and should be done so as soon as possible after the denial or event serving as the basis for the appeal, in order to ensure a prompt and impartial review into the matter.
  3. The AS Director will review the request and any related documentation, and meet with the student to discuss the appeal.
  4. The AS Director will respond to the student in writing with their decision on the matter within thirty (30) days of the receipt of the request.
  5. If the student is satisfied with the outcome of this process, the appeal will be considered resolved.

Formal Process

1. 1. A student who is not satisfied with the outcome of the informal appeal process (above) may file a formal appeal. The appeal must be submitted on the Appeal Form to the Chief Diversity Officer (CDO). The appeal should be filed as soon as possible after the decision/event that serves as the basis for the appeal.
  2. The Chief Diversity Officer will review the appeal, any related documentation, consult with any relevant parties, and meet with the student.
  3. The decision by the CDO will be in writing to the student and delivered within thirty (30) days of the submission of the appeal. The decision of the Chief Diversity Officer is final.

Approved: May 2021; February 2023
Approved by: Board of Trustees
Category: Accessibility Services
Subcategory: Accommodations
Responsible Office(s): Accessibility Services
Scheduled for review: February 2026

Appendix A: Definitions

Academic Adjustments: Academic Adjustments are mandated modifications or services that allow students with disabilities to have equal access to educational opportunities. They are determined individually, case-by-case, and specific to each student’s disability-related functional limitations.

Accessibility: The proactive practice of providing access to information, activities, or environments in a way that is inclusive, equivalent, meaningful, and usable for as many people as possible, including people with disabilities.

Auxiliary aids and services: Devices or services that ensure effective communication and include qualified sign language interpreters, notetakers, real-time captioning, closed captioning, alternate formats, accessible electronic and information technology, etc. The appropriate auxiliary aids and services are determined on an individualized case-by-case basis.

Disability: Under the ADA, the word “disability” is defined as a person 1) who has a physical or mental impairment that substantially limits one or more major life activities or 2) a person who has a history or record of such an impairment or 3) a person who is perceived by others as having such an impairment.

Disability Supporting Documentation: Current medical, psychological, educational, or other relevant documentation provided by a credentialed third party that establishes an individual has a disability as defined above. The documentation demonstrates how the disability affects the individual’s ability to perform essential job functions or participate in educational opportunities.

Discrimination: An intentional or unintentional act which adversely affects employment or educational opportunities on the basis of membership in one or more protected classes, including disability. Failure to provide reasonable accommodations to a qualified individual with a disability may be a form of disability discrimination, except where such reasonable accommodation would cause an undue hardship or fundamentally alter the requirements of the individual’s employment position or educational program.

Essential Job Functions: Essential job functions refer to the fundamental duties of a position that an employee must be able to perform, either with or without reasonable accommodation. These functions are critical to the job and are typically outlined in job descriptions to help candidates and employees understand the core responsibilities and requirements of the role.

Equal access and opportunity: The opportunity for a qualified person with a disability to participate in or benefit from educational aid, benefits, or services equal to and as effective as the opportunity provided to others.

Interactive Process: The interactive process is the procedure through which the employee or student engages in ongoing communication to identify barriers and provide reasonable accommodations or academic adjustments. The interactive process is an individualized approach and often includes a review of the individual’s abilities and limitations (including supporting documentation).

Major Life Activity: Under the Americans with Disabilities Act ("ADA"), major life activities refer to functions that are most important to one's daily life, such as breathing, walking, talking, hearing, seeing, sleeping, caring for one's self, performing manual tasks, and working.
Under the Americans with Disabilities Amendments Act (“ADAAA”) of 2008, the term “major bodily functions” was implemented to include functions such as immune system functions, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Qualified Individual with a Disability: A person with a disability who, as defined, can reasonably perform the activities (i.e., the essential functions) involved in the job and who satisfies the requisite skill, experience, education, and other job-related requirements of the position which the individual holds or desires. A qualified student with a disability is one who meets academic and essential requirements or technical standards for admission to or participation in the chosen program.

Reasonable Accommodation: Reasonable accommodations refer to adjustments or provisions made for qualified individuals with disabilities to provide access or to enable them to perform the essential requirements or technical standards of a role. Accommodations are intended to remove barriers within the workplace for qualified individuals to perform their job duties. An accommodation is reasonable if it removes or mitigates the barriers to performance caused by the individual’s impairment and does not cause undue hardship to the employer. Accommodations are determined during the interactive process with the prospective or current employee and are determined based on the nature of the job and departmental responsibilities. For qualifying students, reasonable accommodations may include adjustments to policy, procedures, practice, or programs that provide equal access to academic and co-curricular programming.

Pregnancy, Childbirth, or a Related Medical Condition: Pregnancy-related conditions are covered under the Pregnant Workers Fairness Act (“PWFA”). Under the PWFA, applicants or employees may be eligible for reasonable accommodations due to known limitations related to or, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. Prospective or current employers may request an accommodation to the Office of Accessibility Services.

Undue Hardship: An action that would require significant difficulty or expense or fundamentally alter policies and procedures, the essential requirements of a job function, or the fundamental nature of the academic program. Undue hardship is determined on a case-by-case basis. If a particular accommodation imposes an undue hardship, the College should consider whether an alternative accommodation is available that would not impose an undue hardship.

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