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ARTICLE 26:  REASONABLE ACCOMMODATION

 

26.0            Reasonable Accommodation

 

26.1        Procedure.  A unit member with a disability who is seeking accommodation under the terms of the Americans with Disabilities Act must submit a Request for Accommodation Form F26.0 to Human Resources at least one (1) month prior to the beginning of the semester or as soon as the need for accommodation is known by the unit member.  On this form, he/she shall:

 

(a)                 specify the functional limitation(s) as a result of the disability and the desired accommodation to do the job because of the these limitations;

(b)                 give authorization to the District to send a copy of the Request for Accommodation to the UPM representative responsible for the receipt of such requests.

 

26.2            Medical Verification.  If the disability is not obvious or there is doubt about the need for the accommodation, the unit member shall provide written and signed permission for the District to contact the “medical” provider for the limited purpose of determining the unit member’s functional limitation(s) and proposed accommodation(s) with specific concern to:

 

(a)                 the unit member’s ability to perform the specific job with or without accommodation;

(b)                 the unit member’s ability to perform the job without posing a “direct threat” to the health or safety of the unit members or others.

 

“Medical” provider shall include a doctor, psychologist, rehabilitation counselor, occupational or physical therapist, independent living specialist, or other professional with knowledge of the unit member’s functional limitation(s).

 

26.3        District Process – Review of Request and Information.  Human Resources shall review the unit member’s request, the information from the “medical” provider, if applicable, and meet with the unit member to obtain any other proposed accommodation information in order to complete the Accommodation Analysis.  The unit member is entitled to representation by UPM at the meeting.  If there is more than one possible accommodation, the District may select which accommodation to implement from among those that would be reasonable under the circumstances.  If appropriate, the District shall make a “reasonable accommodation offer” to the unit member.  A copy of the offer shall be sent to the UPM representative responsible for the receipt of Requests for Accommodation.  The unit member and/or UPM shall have ten (10) working days to accept or reject the offer.

 

26.4        Required Notice to UPM and UPM Request for Negotiations.

 

The District shall provide to UPM, as the law requires, information considered in the Accommodation Analysis. Any medical information will be released if there are negotiable issues and with the acknowledgement by the unit member.

 

The District recognizes its obligation to negotiate with UPM on any negotiable issue affected by the “reasonable accommodation offer.”

 

Upon receipt of the “reasonable accommodation offer”, or upon receipt of the District’s notice that there appear(s) to be a negotiable issue(s), UPM may request that the parties enter into negotiations on the impact of the “reasonable accommodation offer”.

 

 

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26.5        Unit Member’s Appeal of Denial of Request. 

 

(a)      If the District determines that an accommodation is not necessary, or that accommodating the

disability would create an undue burden on the District, the District may deny the Request for

Accommodation.  If the unit member wishes to contest a denial of his/her Request for

Accommodation or rejects the “reasonable accommodation offer” made by the District, he/she may

file a written appeal of the denial or of the rejected offer with the Superintendent/President within

ten (10) working days after receipt of the denial or the rejection of the offer.  Within fifteen (15)

working days, the Superintendent/ President shall notify the unit member of his/her proposed

resolution.

 

(b)      If the unit member is not satisfied with the Superintendent/ President’s proposed resolution, he/she may file a written appeal with the Board of Trustees within ten (10) working days of receipt of the proposed resolution.  The Board or its designated subcommittee, shall review the appeal and all pertinent documentation and issue a final District decision within forty-five (45) calendar days after receiving the appeal.  The decision of the Board or its designated subcommittee shall be final.  A copy of the final District decision shall be forwarded to the unit member and UPM.

 

26.6            Confidentiality of Information.  The existence and nature of a claimed disability and any medical information related to a claimed disability are confidential information.  Any party that receives such information will safeguard such information to the maximum extent permissible that will still allow each party to perform its obligations under this Agreement and the law.  Each party assumes full responsibility for its own improper disclosure of confidential information obtained through this process.

 

 

 

 

 

 

 

 

 

 

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