PROCEDURES FOR ACCOMMODATING
PERSONS WITH DISABILITIES AT BYU
11 February 2008
Disability law is generally enforced through federal and state equal opportunity agencies.
Unlawful discriminatory action by the university may result both in litigation against the
university and possible loss of federal financial assistance. Because of the extensive legal
regulation designed to assist persons with disabilities and to heighten public sensitivity to
barriers faced by persons with disabilities, it is important the campus community be
informed of its responsibilities under applicable disability law.
AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act (commonly referred to as the “ADA”) was enacted
into law in 1990 and modeled after Section 504 of the Rehabilitation Act of 1973. The
ADA attempts to establish a uniform program to protect persons with disabilities from
discrimination. While BYU is obligated to observe Title I provisions with respect to
employment, it is exempted from the provisions of the public accommodations required
under Title III because of its affiliation with and sponsorship by The Church of Jesus
Christ of Latter-day Saints. BYU will attempt in good faith to comply with those
provisions of the ADA from which it is exempted to the extent reasonably practicable as
determined at the sole discretion of BYU.
SECTION 504
Section 504 of the Rehabilitation Act of 1973 (commonly referred to as “Section 504”) is
a broad federal anti-discrimination statute legally applicable to BYU as a recipient of
federal financial assistance. This Act prohibits discrimination against otherwise qualified
individuals with disabilities desiring to participate in BYU’s programs and activities and
requires BYU to provide them reasonable accommodations, provided such action does
not place an undue hardship on the university. At BYU, Section 504 is generally
applicable to both personnel and students with disabilities.
Section 504 contains extensive regulations that govern a number of BYU programs and
activities, including, but not limited to:
 Admissions
 Academic programs
 Auxiliary aids
 Student housing
 Financial aid
 Employment
 Career counseling and placement
 Physical education and athletics,
 Extracurricular and social activities
 Health care and health insurance

Transportation services
TO REQUEST AN ACCOMMODATION
Students
It is the student’s obligation to request academic adjustments to accommodate a disability
and to assist the university through an interactive process to identify appropriate and
effective academic accommodations. Disabled students needing and desiring an
accommodation in the classroom or other school-related activity should contact the
University Accessibility Center (UAC), 1520 WSC, Telephone 801-422-2767. UAC
personnel will document the disability and determine appropriate accommodations.
Service and Therapy Animals
The UAC is also responsible to address requests pertaining to service and
therapy/emotional animals. BYU is committed to accommodate reasonably persons with
disabilities who require the assistance of a service or therapy animal and, at the same
time, mindful of the health and safety concerns of the campus community. Thus, the
university strives to address the need of the disabled individual while considering the
potential impact of service and therapy animals on other campus patrons.
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Employees
It is the policy of BYU not to discriminate in employment against qualified individuals
with a disability who, with or without reasonable accommodation, can perform the
essential functions of an employment position without creating an undue hardship on
BYU. Employees with disabilities who are seeking an accommodation should make their
needs known to management or the Equal Opportunity Manager, D-282 ASB, extension
2-5895. The employee, management, and Equal Opportunity Manager will coordinate in
documenting the disability and identifying a reasonable accommodation.
Reasonable accommodation is usually accomplished by joint and flexible problem
solving between the employer and the individual with a disability. Essential functions are
those fundamental job duties that are intrinsic to the employment position and that are not
marginal, peripheral or incidental to the performance of the job. Undue hardship is any
accommodation action which would be unduly costly or which would fundamentally alter
the nature of a job.
Parking Accommodation for Disabled Personnel
BYU complies with applicable disability law and provides parking spaces specifically
marked for use by persons with disabilities. Personnel with disabilities are urged to use
these parking spaces. In certain circumstances, otherwise qualified personnel with
disabilities may request a reserved parking stall if it is needed to make the work place
accessible.
To request a reserved stall, the disabled employee must complete the Designated Parking
Stall Request Form available on this website and submit it to the Equal Opportunity
Manager, D-282 ASB. The application must include the following:
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Evidence of a disability special group license plate or placard issued from the State of
Utah;
Medical documentation from a licensed physician concerning the applicant’s physical
limitations and the expected length of time the applicant will likely remain disabled;
and
A letter of support from the employee’s immediate supervisor.
Upon receiving the application, the Equal Opportunity Manager will convene a meeting
with the Disability Parking Committee (comprised of the EEO manager and
representatives of the Traffic Office, University Accessibility Center, and Student Health
Services) to consider the application. As needed, further investigation of the applicable
facts and circumstances underlying the application will be conducted by a member of the
Disability Parking Committee. Throughout the process, a good faith attempt will be
made to facilitate a parking arrangement that is mutually acceptable to the Disability
Parking Committee and the employee.
In the event an arrangement acceptable to the committee and applicant is not reached, the
matter will be referred to a three-person panel, appointed by the Assistant Administrative
Vice President – Human Resource Services, consisting of a licensed physician from the
Student Health Center, a member of the Risk Management and Safety Office, and any
person employed by the university who has a similar disability. This panel shall review
the application, conduct further investigation, as needed, and make a recommendation as
to the disposition of the application to the Assistant Administrative Vice President –
Human Resource Services who shall make the final determination.
FUNDING REASONABLE ACCOMMODATIONS FOR STUDENT
AND PERSONNEL WITH DISABILITIES
A general contingency fund to provide reasonable accommodations for students and
personnel with disabilities is administered by the Student Life Vice President. Colleges
and departments that require financial assistance beyond their means to provide
reasonable accommodations for student and personnel with disabilities will send their
request to the Disabilities Issues Advisory Committee (DIAC). The DIAC will review
the request and submit a recommendation, based upon legal and ethical considerations, to
the Student Life Vice President who will determine whether funds are to be disbursed
from the general contingency fund to the college or department.
BYU organizations should consult with the UAC to receive assistance in fulfilling their
responsibility to provide reasonable accommodations for students. The UAC will not be
required to fund accommodations beyond its specific charge.
DISABILITY GRIEVANCE PROCEDURE
CURRENTLY ENROLLED STUDENTS
Faculty members and individual campus administrative units are responsible to make
reasonable accommodations for students with disabilities in order to remove barriers to
the accessibility of university programs and activities resulting from a disability. While it
is anticipated that most requests for accommodation will be informally resolved at the
lowest feasible level of decision-making, occasionally the student will be dissatisfied
with the outcome of the accommodation effort. In such cases, the student may initiate a
grievance by submitting a written request for a specific accommodation together with
appropriate medical or other documentation to the Equal Opportunity Manager who is
designated as BYU’s Section 504 Coordinator.
Upon receiving the grievance, the manager will conduct an adequate, reliable, and
impartial investigation of the facts and circumstances of the allegation. The manager, in
good faith, will attempt to conclude the investigation within 45 days of receiving the
complaint. The student will be given a fair opportunity to respond to the facts before a
decision is reached. The manager may choose to convene a meeting among the affected
individuals in an effort to reach a consensus as to a reasonable accommodation. As
appropriate, a report of findings will be issued to the complainant and other involved
parties.
If an agreement satisfactory to all of the parties is not reached, the Equal Opportunity
Manager will notify the Dean of Students who will appoint a three-member review panel
consisting of a faculty, administrative or staff person; a member of the Disability Issues
Advisory Committee (DIAC); and, if reasonably practicable, a student with a similar
disability. The panel shall review the request for accommodation and the documentation
and evidence gathered in the investigation and make a recommendation for disposition of
the request to the Associate Academic Vice President – Undergraduate Students or the
Associate Academic Vice President - Graduate Students, depending on who has
administrative responsibility for the area in which the accommodation is requested. The
Associate Academic Vice President shall make the final university determination with
respect to the requested accommodation. No further appeal is available.
NOT CURRENTLY ENROLLED STUDENTS
If a student with a disability was inappropriately denied reasonable accommodation in
one or more classes and wishes to file a complaint, the individual may submit a written
statement of complaint to the Equal Opportunity Manager. The complaint must be
received no later than 180 days from the last day of the semester in question. The
complainant must supply information showing that he or she followed the established
procedures for receiving an accommodation. The manager will investigate the facts and
circumstances of the allegation, and, in good faith, attempt to conclude the investigation
within 45 days of receiving the initial complaint.
The complaining student will be given a fair opportunity to respond to the facts
determined in the investigation. As appropriate, a report of findings will be issued to the
complainant and other involved parties. If the complainant is not satisfied with the
outcome, he or she may appeal to the Associate Academic Vice President –
Undergraduate Students or the Associate Academic Vice President - Graduate Students,
depending on the complainant’s status. The Associate Academic Vice President shall
make the final determination according to fundamentally fair procedures, including
providing the student with an opportunity to be heard. No further appeal is available.
PERSONNEL
Personnel who believe they have been the target of unlawful discrimination in
employment, based on disability, may seek resolution by contacting the Equal
Opportunity Manager, D-282 ASB, extension 2-5895. Upon receiving a complaint, the
manager will initiate an adequate, reliable and impartial investigation that includes the
opportunity for the complainant to identify witnesses and present other evidence. The
manager, in good faith, will attempt to conclude the investigation within 45 days of
receiving the initial complaint. The parties to the grievance will be notified of the
disposition of the investigation to the extent permitted by applicable law.
If the complainant is not satisfied with the investigatory findings, the individual may
appeal the outcome to the Assistant Administrative Vice President – Human Resource
Services. The Assistant Administrative Vice President – Human Resources shall make
the final determination according to fundamentally fair procedures, including providing
the complainant with an opportunity to be heard. No further appeal is available.
DUTY TO PREVENT RECURRENCE AND RETALIATION
In cases where it has been determined that unlawful discrimination has occurred, the
University will take steps to prevent its recurrence and to correct any discriminatory
effects on the complainant and others, if appropriate.
Likewise, retaliation against an individual who has filed a complaint of unlawful
discrimination based on disability will be considered a separate violation of policy.
University personnel or students who retaliate against an individual for filing a complaint
or participating in an investigation may be subject to sanction, including termination,
suspension, dismissal and/or being banned from campus, depending on the circumstances
and severity of the retaliation.
THE UNIVERSITY RESERVES THE ABSOLUTE RIGHT TO DEVIATE FROM
THESE PROCEDURES.