150-28 Americans with Disabilities Act (ADA) Barrier Removal

I. Purpose

This policy establishes the decision-making authority and financial responsibilities at UCSF for Programmatic and Physical Barrier Removals and Accommodations required under the federal Americans with Disabilities Act (ADA).

II. Definitions

ADA accommodation: Any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal access or equal employment opportunities.

ADA barrier: An organizational facility, program, service, policy, practice, or equipment that limits or denies equal access opportunities for an individual with a disability.

ADA Coordination Committee: The appointed team of individuals with campus ADA programmatic responsibilities who assist the ADA Coordinator in the administration of this policy.

ADA Coordinator: The individual at UCSF responsible for coordinating organizational compliance with the Americans with Disabilities Act.

Direct threat: A defense available to entities for not providing an accommodation under the Americans with Disabilities Act. It refers to a significant risk of substantial harm to the health or safety of the individual with the disability or to the health or safety of others that cannot be eliminated or reduced by accommodation. Factors to be considered for direct threat include the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the imminence of the potential harm.

Undue hardship: A defense available to entities for not providing an accommodation under the Americans with Disabilities Act. It refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive or that would fundamentally alter the nature or operation of the business. At UCSF, cost is rarely available as consideration for not making an accommodation as the resources of the entire organization, and not just the department, are considered.

III. Policy

An essential element of compliance with the ADA is the campus' ability to respond promptly to ADA barrier removal and accommodation issues raised by members of the UCSF community. To achieve this capability, the Chancellor and the Chancellor's Cabinet have established financial and decision-making responsibilities between and among the departments, schools, and the Office of the Chancellor.

A. Authority for Determining Programmatic Access for Students with Disabilities

1. The responsibility for implementing and maintaining program accessibility for students with disabilities is shared jointly by the faculty, the respective Dean's Office or graduate program, the Office of Student Relations, and the student in accordance with the University of California Guidelines Applying to Nondiscrimination on the Basis of Disability.

2. Due to the potential for significant campus liability in matters of ADA compliance, all decisions regarding undue hardship, direct threat, or fundamental alteration to a program are subject to final review and approval by the Chancellor or the ADA Coordinator.

1. The responsibility for determining, implementing, and maintaining accommodations for employees with disabilities is a shared responsibility of the employee's home department, the respective Vice Chancellor's or Dean's Office, Human Resources, and the employee in accordance with the Supervisor's Guide to Complying with the Americans with Disabilities Act.

2. Due to the potential for significant campus liability in matters of ADA compliance, all decisions regarding undue hardship, direct threat, or fundamental alteration to a program are subject to final review and approval by the Chancellor or the ADA Coordinator.

1. The ADA Coordination Committee is delegated the authority and responsibility for making decisions regarding physical barrier removals in public areas of UCSF owned facilities.

2. In consultation with the ADA Coordination Committee, the campus Real Estate Office oversees ADA access issues that occur in rented and leased facilities.

After consultation with the appropriate department, Dean or Vice Chancellor, the ADA Coordination Committee has the delegated authority and responsibility for making decisions regarding physical barrier removals in work and academic areas.

E. Financial Responsibilities for Individually Based Accommodations

1. Financial responsibilities up to $10,000 per year for implementing and maintaining individually based accommodations per student or employee per year will be referred for resolution to the Dean's Office of the school in which the individual is based; for administrative units, the department and/or the Vice Chancellor for that area of responsibility; and for auxiliary enterprises, the director's office of that enterprise.

2. Expenses in excess of $10,000 per year per individual will be borne by the Office of the Chancellor for state and research funded activities. For other fund sources, agreements over the sharing of costs will be necessary.

3. All expenses, regardless of cost, for individually based accommodations for UCSF employees leased by UCSF Stanford Health Care are the responsibility of UCSF Stanford Health Care.

1. Except for space leased by UCSF Stanford Health Care, expenses for physical barrier removal in public areas of the campus (e.g., elevators, restrooms, water fountains, public telephones) are the responsibility of the Office of the Chancellor. Expenses for physical barrier removal in space leased by UCSF Stanford Health Care are the responsibility of that entity.

2. Expenses for physical barrier removal in public areas of buildings co-occupied by USHC and other tenants will be prorated according to the same percentage as previously agreed to in the formulas for the proration of maintenance costs.

3. Expenses for physical barrier removal in facilities operated by Auxiliary Enterprises will be addressed as necessary through specific agreements.

4. The ADA Coordination Committee has the authority to approve expenditures up to $75,000 per project. Projects in excess of $75,000 require the additional approval of the Vice Chancellors and the Chancellor.

1. Physical barrier removal expenses, up to a maximum of $15,000 per physical barrier, in University-owned work and academic areas will be referred for resolution to the Dean's Office of the school where the barrier exists; for administrative units, the department and/or the Vice Chancellor for that area of responsibility; for auxiliary enterprises, the director's office for that enterprise.

2. The Office of the Chancellor is responsible for physical barrier removal costs in excess of $15,000.

3. In facilities not owned by the University, it is the responsibility of the campus Real Estate Office to negotiate with the owner of the facility and, with agreement, distribute the costs which the University will bear among the appropriate parties.

IV. Responsibility

Contact Office of Origin (see above) with any questions.

V. Related Policies

• Affirmative Action/Nondiscrimination in Employment (Policy 150-12)
• Employee Disability/Rehabilitation (Policy 150-26)

VI. References

• UCSF Campus Code of Conduct
  
• Supervisor's Guide to Complying with the Americans with Disabilities Act