Chabot-Las Positas Faculty Association (CLPFA)
FACULTY FOCUS
Volume VIII, Issue 3
March 2009
General Membership Meetings
2008-2009
Chabot College,
Dates TBA
Las Positas, Staff Lounge
Dates TBA
CHECK US OUT AT
OUR FA WEBSITE
Check out our new website:
www.clpfa.com
One new edition to our website is a
link to the recording made during a
Human Resources presentation at Las
Positas College in October. Lori
Benetti and Mary Anne Galarte
presented an overview intended to
help faculty read the paystubs. In
addition, the new IRS changes
(announced to us in a special mailing
from the District Office) regarding
our 403B accounts was also
discussed.
Chabot-Las Positas Faculty Association (CLPFA)
Page 2 of X
Disabled Students - Faculty Rights and Responsibilities
By Charlotte Lofft, FA President (This was written by Ms. Patricia Lim, FA Attorney, and is being
paraphrased from Ms. Lim’s work.)
The FA has been involved in some recent matters related to the rights of students with disabilities and the related rights of
faculty to instruct all students in the class and maintain their individual faculty academic freedom in the process. FA
attorney, Ms. Patricia Lim, has provided the following guidance on these matters. Please contact me if you have any
questions about this topic, and I will approach Ms. Lim for help with your questions. The material below was written by
her.
Ms. Lim states:
“Legal Analysis”
The Chabot and Las Positas Community Colleges are covered by two separate but complementary federal disability
discrimination laws. Because the colleges receive federal monies, they are subject to Section 504 of the Rehabilitation Act of 1973
(Section 504). In 1990, the Americans with Disabilities Act (ADA) was passed. Under Title II of the ADA, the Colleges are defined
as "public entities" and therefore, also subject to the ADA. The Office of Civil Rights (OCR) in the Department of Education
enforces both laws, and has prepared helpful guidelines to better understand the mandates and limitations of disabled students and
faculty rights under both laws.
Both Section 504 and Title II prohibit discrimination on the basis of physical or mental disability. As part of that mandate,
these laws also require that disabled individuals are provided (1) access to educational programs and facilities and (2) "academic
adjustments" and/or auxiliary aides in higher education. An academic adjustment and/or an auxiliary aide is an accommodation
that facilitates access to educational programs and facilities. Examples of "academic adjustments" include: priority registration,
reduced course load, extended examination time, substituting one course for another (if not an essential course for the degree
program), and extending the length of time to complete assignments and other academic activities. Examples of auxiliary aides or
services include: taped texts, note takers, interpreters, readers, videotext displays, talking calculators, Braille calculators, printers or
typewriters, closed caption decoders, and assistive listening devices.
In providing an academic adjustment, the Colleges are not required to lower, substantially modify or waive any essential
requirements and/or standards of a course or program. See Southeastern Community College v. Davis, 442 U.S. 397, 401-402, 405
(1979)(holding Section 504 does not compel educational institutions to make substantial modifications to their programs to allow
disabled persons to participate); MacGregor v. Louisiana State Univ. Board of Supervisors, 3 F.3d 850, 860 (5th Cir. 1993)(
finding that a disabled law student's request to attend school part-time would force the school to lower its academic standard or
compromise the reasonable policy of its academic program and that Section 504 does not require that much); and Dougherty v.
Southern College of Optometry, 862 F.2d 570, 574-575 (6th Cir. 1988)(waiver of a necessary program requirement is a substantial
rather than merely reasonable accommodation).
This is true for instructors as well. The instructor is ultimately responsible for ensuring the "integrity" of the course he or
she is teaching. Therefore, the instructor may verify the student's disability as well as the pre-approved academic accommodations.
The instructor also has the right, based on the course outline and syllabus, to determine how well the student is learning the required
material and to grade accordingly. The Colleges and/or instructor can also require that the disabled student adhere to the College's
code of conduct, including attendance policies.
Attendance policies are outlined in the Colleges' Student Handbook titled "Academic Regulations and Student Rights and
Responsibilities." Attendance is clearly an essential course and/or program requirement; a student cannot learn and/or participate
in the course if he or she is not present. The disabled student's ability to learn and keep up with the rest of the class is dependent
not only on his or her attendance but also that of any aides in the class. Late arrivals disrupt the class, especially when spaced out
over the class period.
Chabot-Las Positas Faculty Association (CLPFA)
Page 3 of X
Disabled Students - Faculty Rights and Responsibilities (continued)
Conclusion
Faculty are well within their rights to ask that the disabled student and any aides respect the classroom rules, course outline
and syllabus as well as other class members by arriving to class on-time and with a minimal amount of disruption. To "waive" these
rules is to lower the standards faculty set for their students and compromise their course performance. Ultimately, a student's
attendance problems will impact his or her performance, but the law gives the instructor the right to determine how well the student
is learning the required material and to grade him or her accordingly.
Recommendation
In researching this subject-matter, I discovered that many colleges have adopted Faculty Rights Statements. There are
many versions available on the internet. I strongly recommend that the Union consider creating a faculty rights statement as well,
ideally with the support of all concerned parties.
Finally, the Union should propose negotiations with the District over the impact and effects of the disability laws on
faculty. It is problematic for each member of the faculty to have to imagine on their own the nature of their responsibility. Ideally, a
negotiated agreement will (1) put the burden on the administration to assure compliance with State and Federal laws, while (2)
assuring that faculty have adequate administrative support and assistance to assure that the course objectives can be met for all
students. The process might include a provision for a joint union-management meeting, with the instructor, the Disabled Student
Services coordinator, and the administration, to avoid problems and/or resolve issues before they escalate.”
Chabot-Las Positas Faculty Association (CLPFA)
Page 4 of X
LAW OFFICES OF
ROBERT J BEZEMEK
PATRICIA LIM
RICARDO OCHOA
ROBERT J. BEZEMEK
A PROFESSIONAL CORPORATION
THE LATHAM SQUARE BUILDING
1611 TELEGRAPH AVENUE, SUITE 936
OAKLAND, CALIFORNIA 94612-2140 Telephone: (510)763-5690 • Facsimile:
(510)763-4255
BY FACSIMILE TO (925) 462-3633 and FIRST CLASS U.S. MAIL
March 5, 2008
Ms. Charlotte Lofft, President Chabot-Las Positas Faculty
Association Chabot College 25555 Hesperian Boulevard
Hayward, CA 94545
Re:
Disabled Students - Faculty Rights and Responsibilities Dear President
Lofft:
The Union has requested legal advice concerning a classroom situation involving a disabled student and
her aides, and to what extent the instructor must accommodate them if they are disrupting class. Below, please find
my opinion and analysis.
I.
Summary of Facts
This semester, Ruth Corbett, a political science instructor, has a disabled student in her Political Science I
class, which meets Mondays and Wednesdays at 9:00 a.m. in Room 511 for approximately 1.25 hours. The
class is fully enrolled so classroom space is limited.
The disabled student is both hearing and vision-impaired, and assisted by four classroom aides. Of the four
aides, two are tactile signers (signing into her hands), one records lectures and the last, signs to the two tactile
signers. Currently, the student and.aides sit in the first row, to the side of the classroom. The
recorder/stenographer sits near an electrical outlet at the back of the classroom. The aides arrive erratically, and
they spend some minutes rearranging seating and setting up equipment.
When Ms. Corbett arrived the first day of class, the aides had rearranged the seating in the front of her
classroom to accommodate the four of them. Unfortunately, their configuration impeded Ms. Corbett's access to
the blackboard. Although Ms. Corbett asked the aides to reposition themselves so she could write on the
blackboard, her requests were largely ignored. It was only through Ms. Corbett's proactive efforts working with
Disabled Student Services that a compromise was reached but not until four weeks of the semester passed.
CONFIDENTIAL COMMUNICATION ATTORNEYCLIENT PRIVILEGE
Chabot-Las Positas Faculty Association (CLPFA)
Page 5 of X
Letter to Chabot-Las Positas Faculty Association March 5,
2008 Page 2
Unfortunately, the situation has only worsened since then. Now, the student and aides are regularly tardy
and/or absent altogether disrupting class further. Between February 4 - 27, 2008, the student has been late
twice(2/4/08-35 minutes late, 2/13/08-30 minutes late) and absent once (2/11/08), apparently due to problems
with her Paratransit provider. Further, her aides arrive irregularly and at different times. For example, one day,
one of her two tactile aides arrived five minutes late, the second arrived 20 minutes late and the
recorder/stenographer arrived 20 minutes late. A similar pattern occurred a few days later but that time, the
recorder was simply absent. On February 25 and 27, 2008, the student arrived early to class and was without any
personal assistants for a time. Ms. Corbett was/is very concerned about her inability to communicate with the
student given her vision and hearing impairments.
II.
Legal Analysis
The Chabot and Las Positas Community Colleges are covered by two separate but complementary federal
disability discrimination laws. Because the colleges receive federal monies, they are subject to Section 504 of the
Rehabilitation Act of 1973 (Section 504). In 1990, the Americans with Disabilities Act (ADA) was passed. Under
Title II of the ADA, the Colleges are defined as "public entities" and therefore, also subject to the ADA. The
Office of Civil Rights (OCR) in the Department of Education enforces both laws, and has prepared helpful
guidelines to better understand the mandates and limitations of disabled students and faculty rights under both
laws.
Both Section 504 and Title II prohibit discrimination on the basis of physical or mental disability. As part
of that mandate, these laws also require that disabled individuals are provided (1) access to educational programs
and facilities and (2) "academic adjustments" and/or auxiliary aides in higher education. An academic adjustment
and/or an auxiliary aide is an accommodation that facilitates access to educational programs and facilities.
Examples of "academic adjustments" include: priority registration, reduced course load, extended examination
time, substituting one course for another (if not an essential course for the degree program), and extending the
length of time to complete assignments and other academic activities. Examples of auxiliary aides or services
include: taped texts, note takers, interpreters, readers, videotext displays, talking calculators, Braille calculators,
printers or typewriters, closed caption decoders, and assistive listening devices.
In providing an academic adjustment, the Colleges are not required to lower, substantially modify or waive
any essential requirements and/or standards of a course or program. See Southeastern Community College v.
Davis, 442 U.S. 397, 401-402, 405 (1979)(holding Section 504 does not compel educational institutions to make
substantial modifications to their programs to allow disabled persons to participate); MacGregor v. Louisiana
State Univ. Board of Supervisors, 3 F.3d 850, 860 (5th Cir. 1993)
CONFIDENTIAL COMMUNICATION ATTORNEYCLIENT PRIVILEGE
Chabot-Las Positas Faculty Association (CLPFA)
Page 6 of X
Letter to Chabot-Las Positas Faculty Association March 5,
2008 Page 3
(finding that a disabled law student's request to attend school part-time would force the school to lower its
academic standard or compromise the reasonable policy of its academic program and that Section 504 does not
require that much); and Dougherty v. Southern College ofOptometry, 862 F.2d 570, 574-575 (6th Cir. 1988)(waiver
of a necessary program requirement is a substantial rather than merely reasonable accommodation).
This is true for instructors as well. The instructor is ultimately responsible for ensuring the "integrity" of
the course he or she is teaching. Therefore, the instructor may verify the student's disability as well as the preapproved academic accommodations. The instructor also has the right, based on the course outline and syllabus, to
determine how well the student is learning the required material and to grade accordingly. The Colleges and/or
instructor can also require the disabled student adhere to the College's code of conduct, including attendance
policies.
In all her classes, Ms. Corbett has adopted the attendance policies outlined in the Colleges' Student
Handbook titled "Academic Regulations and Student Rights and Responsibilities." The student's and aides' recent
tardiness and absenteeism are of particular concern, and not just because they violate these policies. Attendance
is clearly an essential course and/or program requirement; a student cannot learn and/or participate in the course if
he or she is not present. The disabled student's ability to learn and keep up with the rest of the class is dependent
not only on her attendance but that of her aides. Second, late arrivals disrupt the class especially when spaced out
over the class period. As I mentioned earlier, this class and classroom are full so late arrivals are difficult to
ignore. Finally, there is a potential safety issue. Ms. Corbett cannot communicate with the student when her
signing aides are not present. In the event of an emergency, Ms. Corbett would be placed in a compromising
position as she is ultimately responsible for the safety of all her students.
III.
Conclusion
Ms. Corbett is well within her rights as an instructor to ask that the disabled student and her aides respect
her classroom rules, course outline and syllabus as well as other class members by arriving to class, on-time and
with a minimal amount of disruption. To "waive" these rules is to lower the standards Ms. Corbett sets for her
students and compromise their course performance.
Class attendance is an essential requirement of any course and/or program. However, the instant case is
problematic because the student's tardiness is not a direct result of her disability but appears to be the fault of the
Paratransit provider. Disabled Student Services and/or the Paratransit provider should be informed of the situation
so it can be remedied as soon as possible.
CONFIDENTIAL COMMUNICATION ATTORNEYCLIENT PRIVILEGE
Chabot-Las Positas Faculty Association (CLPFA)
Page 7 of X
Letter to Chabot-Las Positas Faculty Association March 5, 2008
Page 4
As for the student's aides, though there is no excuse for their tardiness, the instructor has few options but to
continue to address the problem with them and Disabled Student Services. As the aides are not enrolled at the
College, they cannot be held accountable in the same manner as students. However, pressure from multiple
sources, including the student, may improve their punctuality.
What else can Ms. Corbett and other instructors do in this situation? As discussed above, they can continue
to enforce the rules (with some flexibility), and hold disabled students accountable for the course outline and
syllabus. Ultimately, the student's attendance problems will impact her performance, but the law gives the
instructor the right to determine how well the student is learning the required material and to grade her accordingly.
IV.
Recommendation
In researching this subject-matter, I discovered that many colleges have adopted Faculty Rights
Statements. There are many versions available on the internet. I have attached a sample for your review from the
University of Wisconsin I strongly recommend that the Union consider creating a faculty rights statement as well,
ideally with the support of all concerned parties. As you can see from the attached statement, it provides faculty
useful guidance and information on disability laws while balancing faculty and student rights.
Finally, the Union should propose negotiations with the District over the impact and effects of the
disability laws on faculty. It is problematic for each member of the faculty to have to imagine on their own the
nature of their responsibility. Ideally, a negotiated agreement will (1) put the burden on the administration to assure
compliance with State and Federal laws, while (2) assuring that faculty have adequate administrative support and
assistance to assure that the course objectives can be met for all students. The process might include a provision
for a joint union-management meeting, with the instructor, the Disabled Student Services coordinator, and the
administration, to avoid problems and/or resolve issues before they escalate.
If you have any questions or need assistance drafting a faculty rights statement or bargaining proposal,
please do not hesitate to call me.
truly yours,
Attachment
CONFIDENTIAL COMMUNICATION ATTORNEY-CLIENT PRIVILEGE
Chabot-Las Positas Faculty Association (CLPFA)
Page 8of X
2009-2010 Academic Calendar
By: Jane McCoy
The Calendar Committee met recently and developed (pending board approval) the calendar for 2009-2010.
If approved by the Board, the following calendar will be adopted:
Fall 2009
Start: Thursday, August 13 – Convocation
Friday, August 14 – Division Day
Semester Starts: Monday, August 17
September 7 – Labor Day (no Saturday classes)
November 13 – Veteran’s Day
Finals: Monday, December 14 – Friday, December 19
Spring 2010
Start: Tuesday, January 19
February 12-15 – President’s Day (no Saturday classes)
Spring Break: April 5-9
Finals: Monday, May 24 – Friday, May 28 (Saturday finals – May 22)
Flex Requirements
1 Variable flex day obligation
CHECK US OUT AT OUR FA WEBSITE
The FA has our own Website, thanks to our Webmaster, Seth Harwood of the Chabot English Dept. Our Web address is:
www.clpfa.com
2008-2009 CLPFA Officers
President: Charlotte Lofft
510-723-6873
clofft@chabotcollege.edu or
clofft@laspositascollege.edu
Chabot Vice President: Dave Fouquet
510-723-6868
dfouquet@chabotcollege.edu
LPC Vice President: Jane McCoy
925-424-1237
jmccoy@laspositascollege.edu
Secretary: Tom DeWit
510-723-6821
tdewit@chabotcollege.edu
Treasurer: Kevin Ankoviak
925-424-1396
kankoviak@laspositascollege.edu
Chabot Part Time Rep: Seth Harwood
sharwood@chabotcollege.edu
LPC Part Time Rep: Teresa Donat
925-424-1000 x2360
tdonat@laspositascollege.edu
Chabot Membership: Shari Jacobsen
510-723-6696
sjacobsen@chabotcollege.edu
LPC Membership: Debbie Fields
925-424-1113
dfields@laspositascollege.edu
Chabot Grievance Officer:
clofft@chabotcollege.edu or
Charlotte Lofft &
510-723-6873
clofft@laspositascollege.edu
Dave Fouquet
510-723-6868
dfouquet@chabotcollege.edu
LPC Grievance Officer:
925-424-1194
lhart@laspositascollege.edu
LaVaughn Hart
Chabot-Las Positas Faculty Association (CLPFA)
Page 9 of X
CHABOT-LAS POSITAS FACULTY ASSOCIATION
MEMBERSHIP APPLICATION FORM
TO: All Faculty
Thank you for your support of the Faculty Association.
Our Dues Structure is as follows:
Contract, Regular, and Temporary Faculty: $39. per month for each of ten months ($390 annually).
$32.50 per month for each of twelve months ($390 annually).
Part Time Faculty:
$10. per month for each pay period*
*Non-continuous employment may require filling out a new form upon reemployment.
Please return this form, including the Payroll Deduction Authorization below, by Campus Mail to:
Shari Jacobsen, Chabot College Membership
Shari will send a copy to our Treasurer, Kevin Ankoviak of LPC and another copy to the District Office Payroll
Department.
Thank you for your support of the Faculty Association.
For our records:
Name:__________________________________________________________________
Division/Area____________________________________________________________
Phone Numbers are optional, but appreciated:
Phone (Office):_____________________
Home______________________________
Home Address (Optional):_______________________________________________________________
____________________________________________________________________________________
Payroll Deduction Authorization Form:
To Chabot-Las Positas Community College District:
You are hereby authorized to deduct from my regular salary warrants the amount for organizational dues payable
to Chabot-Las Positas Faculty Association, and transmit these deductions to the Chabot-Las Positas Faculty
Association without further liability to the District. This authorization shall remain in force until modified or
revoked in writing by me, or by the Chabot-Las Positas Faculty Association.
Social Security or W Number___________________________Date___________________
Name_____________________________________________________________________
Signature__________________________________________________________________
Status: Check One
College: Check One
Contract/Regular/Temporary ___________
Chabot____________________
Part-Time_________________
Las Positas_________________
Just return this page in an envelope to Shari Jacobsen, Chabot College, Membership.
Thank you very much,
The Chabot-Las Positas Faculty Association