Introduction and Background
NMJC recognizes the importance of providing reasonable accommodations in its housing policies and practices where necessary for individuals with disabilities to use and enjoy Campus housing. These procedures explain the specific requirements and guidelines which govern requests for reasonable accommodations in Campus housing. NMJC reserves the right to amend these procedures at any time as circumstances require.
Procedure for Requesting Reasonable Accommodations (Excluding Requests for Service Animals under the Americans with Disabilities Act Amendments Act)
The Office of Student Accessibility Services is responsible for evaluating whether to grant or deny requests for reasonable accommodation in Campus housing. In evaluating the request, Accessibility
Services will consult with the Director of Residence Life, as necessary, to determine whether the requested accommodation is necessary and reasonable. Individuals with a disability who reside or intend to reside in Campus housing who believe they need a reasonable accommodation must contact the Student Disability Services Counselor.
Requests for reasonable accommodations in Campus housing policies and practices are governed by the following requirements:
- Requesting a Housing Accommodation
- An individual with a disability must complete the “Disability Accommodation Request Form for Campus Housing” (the “Request Form”) to request a reasonable accommodation. Copies of the Request Form are available from Accessibility Services. If the individual requires assistance in completing the Request Form because of his/her disability, the Accessibility Services will provide assistance in completing the form.
- NMJC will accept and consider requests for reasonable accommodation in Campus housing at any time. The individual making the request for accommodation should complete and provide the Request Form to Student Disability Services as soon as practicably possible before moving into Campus housing.
- If the need for the accommodation arises when an individual already resides in Campus housing, he/she should contact Accessibility Services and complete the Request Form as soon as practicably possible. NMJC cannot guarantee that it will be able to meet the accommodation needs during the semester or term in which the request is received.
- Absent exceptional circumstances, the College will attempt to provide a written response to a reasonable accommodation request within seven (7) calendar days (1week) of receiving the information described in paragraph two (2) below.
- Information that may be requested for Housing-Related Reasonable Accommodation Requests,Accessibility Services shall limit its requests for information to only the information necessary to verify whether the individual making the request has a disability and/or to evaluate if the reasonable accommodation is necessary to provide the individual an equal opportunity to use and enjoy Campus housing.
- Obvious Disability: If the individual's disability and the necessity for the accommodation are obvious (e.g. an individual with a physical disability using a wheelchair needs an accessible room), the individual need only explain what type of accommodation he/she is requesting. No verification of disability and/or necessity is required under these circumstances.
- Non-Obvious Disability/Necessity: If the disability is obvious but the need for the accommodation is not obvious, the Campus may require the individual to complete the Reasonable Accommodation Verification Form for Campus Housing (“Verification Form”) and designate a reliable third party who can verify that the requested accommodation is necessary to provide the individual an equal opportunity to use and enjoy Campus housing, but may not seek information about the individual’s disability.
- If the disability and necessity for the accommodation are not obvious, Accessibility Services will require the individual to complete the Verification Form and designate a reliable third party who can verify that the individual has a disability and that the requested accommodation is necessary to provide the individual an equal opportunity to use and enjoy Campus housing
- A reliable third party is someone who is familiar with the individual's disability and the necessity for the requested accommodation (may not be a family member). A reliable third-party includes, but is not limited to, a doctor or other medical professional or a non-medical service agency (e.g., National Association of the Deaf).
- Absent exceptional circumstances, within seven (7) calendar days (1 week) of receiving the completed Verification Form from the third-party, the Student Disability Services Counselor, after consultation with the Student Housing Coordinator, will determine if the accommodation is necessary because of a disability to provide the individual an equal opportunity to use and enjoy Campus housing.
- If the third party returns the Verification Form without sufficient information for Accessibility Services to determine whether an accommodation is necessary, the Accessibility Services will inform the individual in writing of the verification’s insufficiency and may request additional information, including speaking directly with the individual supplying the third-party verification, within seven (7) calendar days (1 week) of receiving the verification.
- The individual making the request for accommodation must cooperate with Accessibility Services in a timely manner in providing all information needed to determine whether the requested accommodation is necessary.
- Determination of Reasonableness
- Accessibility Services may deny the requested accommodation if it is unreasonable. Accessibility Services shall consult with the Director of Residence Life to determine if implementing the requested accommodation is reasonable.
- An accommodation is unreasonable if it: (1) imposes an undue financial and/or administrative burden; (2) fundamentally alters Campus housing policies; (3) poses a direct threat to the health and safety of others or would cause substantial property damage to the property of others, including Campus property; and/or (4) is otherwise unreasonable to the operation of the Campus.
- Approval of Accommodation
- If Accessibility Services determines a requested accommodation is necessary and is not unreasonable, it will verbally contact the individual to arrange a meeting to discuss the implementation of the accommodation
- Denial of Accommodation/Appeal
- If Accessibility Services determines a requested accommodation is necessary but unreasonable, Student Disability Services will contact the individual, in writing, within seven (7) calendar days (1 week) of its determination and engage in an interactive process with the individual to determine if there are alternative accommodations that might effectively meet the individual’s disability-related needs.
- If the individual is unwilling to accept any alternative accommodation offered by Accessibility Services or there are no alternative accommodations available, the Accessibility Services will provide a verbal explanation and written notification to the individual of the denial, the reasons for the denial, the right to appeal the decision, and the procedures for the appeals process. The appeal shall be in writing and made within seven (7) calendar days (1 week) of the notification from the individual of his/her unwillingness to accept any of the alternative accommodations offered or the determination that there are no alternative accommodations available.
- All appeals are reviewed by the New Mexico Junior College Vice President for Student Services. If the appeal is denied, the Vice President for Student Services shall provide written notification of the denial to the individual and a written explanation with all of the reasons for the denial.
- An individual may also use the grievance procedure provided under the general campus Student Complaint Process. This process can be found in the NMJC Student Handbook under the Formal Complaints section. (Section I)
- Confidentiality and Recordkeeping
In processing requests for reasonable accommodations, the College will take all steps required by federal, state, and/or local law to protect the confidentiality of any information or documentation disclosed in connection with the requests. Such measures may include limiting access to such information to individuals specifically designated to determine and implement requests for reasonable accommodations, who will disclose the information only to the extent necessary to determine whether to grant the request, determine if the request is unreasonable, and implement any request granted, keeping all written requests and accompanying documentation in a secure area to which only those designated individuals have access, except as otherwise required by law. - Non-retaliation Provision
NMJC will not retaliate against any individual because that individual has requested or received a reasonable accommodation in Campus housing.
