VCOM College Catalog and Student Handbook

4. Release of Information Form - Students applying for accommodation may be asked to sign a release of information form that allows VCOM administration and the health care provider/evaluator to discuss the accommodation needed. Determining Eligibility for Accommodations Once a student submits the completed Section 504 Request for Eligibility Form and required documents, the Section 504 Committee will meet to determine the student’s eligibility. In order to be eligible for services under Section 504 and the ADA, a student must have a physical or mental impairment that substantially limits a major life activity. The determination of whether a disability substantially limits a major life activity is subjective, and Section 504 and the ADA do not provide any operational criteria of substantial limitation. The Section 504 Committee must use their collective, professional judgment to make this determination. Substantially limits can be defined as being unable to perform a major life activity that the average person in the general population can perform; or significantly restricted as to the condition, manner, or duration for which an individual can perform a particular major life activity as compared to the condition, manner, or duration for which the average person in the general population can perform that same major life activity. When determining whether the substantial limitation requirement is met, the Section 504 Committee will consider the nature and severity of the impairment, the duration of the impairment, and any long-term impact of the impairment. Students should be aware that simply because they are considered for Section 504 and ADA services and protections it does not mean the student is eligible. Likewise, just because a student is determined to have a disability does not automatically result in eligibility for Section 504 and ADA services and protections; a substantial limitation must result from the physical or mental impairment. As previously noted in the definition of substantial limitation, the standard used to determine whether a physical or mental impairment results in a substantial limitation is average performance in the general population. Therefore, the standard used is not the optimal performance level for a person, but the average performance of individuals found in the general population. Using the above guidelines, the Committee may find the student eligible for accommodations, find the student ineligible for accommodations, or postpone a decision regarding eligibility pending submission of additional required information, which may include further evaluation. If the student is found eligible for accommodations under Section 504, the Committee will proceed with writing the student’s Section 504 Accommodation Plan. If the accommodation for the condition reported and confirmed is not readily available, the College has the right to delay the student’s program for a period not greater than one year while such accommodations are arranged so that the best and most reasonable accommodations may be provided for the student. The Campus Section 504 Coordinator will notify the student, in writing and verbally, of the decision of the Section 504 Committee within 14 calendar days of the Section 504 Committee meeting. Students will receive a copy of the Section 504 Eligibility Summary Form, and if accommodations are provided, will receive a copy of the Section 504 Accommodation Plan. Upon receiving written notification of the decision of the Section 504 Committee, the student, within seven calendar days, may appeal to the Campus Dean to reconsider the recommendations of the Section 504 Committee. The appeal must be made in writing and be based upon new, relevant, and material information that was not available to the Section 504 Committee. Upon receiving the appeal, the Dean will convene the Section 504 Appeal Committee. The members of the Section 504 Appeal Committee are individuals who were not involved in the initial eligibility decision. The new eligibility meeting will be held within 14 working days of the notice of the appeal. In addition to the documentation submitted with the appeal, the Section 504 Appeal Committee shall also review the documentation from the first eligibility meeting, and, as necessary, shall interview the Chair of the Section 504 Committee for background information regarding the decision of the Section 504 Committee. The Section 504 Appeal Committee will make a recommendation, in writing, to the Campus Dean within 7 calendar days of the appeal meeting. The Campus Dean will notify the student, in writing, of his/her decision within 14 calendar days following the meeting of the Section 504 Appeal Committee. The Dean may find the student eligible

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