Americans with Disabilities Act and the Rehabilitation Act
The Americans with Disabilities Act (ADA), Public Law 101-336, was enacted on July 26, 1990, to provide a clear and comprehensive mandate for the elimination of discrimination against individuals with disabilities. This federal legislation requires equal treatment of people with disabilities in employment, public services and transportation, public accommodations, and telecommunication services. Section 504 of the Rehabilitation Act of 1973, with virtually identical purposes, applies to any college or university that receives federal funds in any program.
Iowa Western Community College, a public entity as set forth in Title II of the ADA, is subject to the requirements of the Americans with Disabilities Act. Title II of the ADA prohibits discrimination against qualified individuals with disabilities with regard to the services, programs, and activities at Iowa Western Community College. Iowa Western Community College is also prohibited from discrimination against individuals with disabilities in its employment practices pursuant to Title I of the Americans with Disabilities. Individuals with disabilities have a right to request accommodation. For more information, contact the Coordinator of Disability Services.
Americans with Disabilities Act and Section 504 Grievance Policy and Procedure
Iowa Western Community College (“IWCC”) is committed to providing equal opportunity to persons with disabilities and meeting its obligations under Title II of the Americans with Disabilities Act Amendments Act (“ADA”), 42 U.S.C. § 12131, and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794. As part of that commitment, IWCC has adopted this internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any conduct prohibited by the ADA or Section 504.
This Policy and Procedure applies to discrimination and/or harassment that violates the ADA or Section 504 carried out by students or employees of IWCC or third parties over whom IWCC has control. An example of such conduct includes, for example, solely by reason of a disability, excluding a student from participating in, denying the benefits of, or being subjected to discrimination under any program or activity sponsored by IWCC. Qualified individuals with disabilities may also be entitled to a reasonable modification, including an academic adjustment, as necessary to ensure that a policy, procedure, or requirement does not discriminate on the basis of disability. For more information see the IWCC Reasonable Accommodation Policy posted on ROC.
Complaints should be addressed to the Director of Student Assistance:
2700 College Road
Council Bluffs, IA 51503
Complaints must meet the following requirements:
The complaint should be filed in writing or verbally and contain the name and address of the person filing it, and a description of the conduct that allegedly violates the ADA or Section 504.
The complaint should be filed within 30 calendar days after the complainant becomes aware of the alleged conduct. However, IWCC may consider complaints filed later than 30 calendar days depending on the circumstances.
The Director of Student Assistance or their designee will conduct an appropriate investigation of the complaint. The investigation will be informal but thorough, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.
A written determination and a description of the resolution, if warranted, will be issued by the Director of Student Assistance or their designee and a copy forwarded to the complainant and the appropriate campus authority no later than 30 calendar days after the completion of the investigation.
The Director of Student Assistance or their designee will maintain the files and records relating to the complaints filed. The files and records are confidential and are accessible only to individuals with a legitimate need for such access.
The complainant may request reconsideration of the determination within 10 working days of receiving notice of the determination to the Dean of Advising and Academic Success/ADA Coordinator for Students with Disabilities.
Filing a complaint under this procedure with a reasonable basis to believe the alleged conduct violates the ADA or Section 504 is a protected activity. Retaliation against anyone who files such a complaint or who assists an individual in filing such a complaint is strictly prohibited. Any person engaged in such retaliation may be subject to appropriate discipline.
Use of this grievance procedure is not a prerequisite to pursuing other remedies, such as the filing of an ADA/Section 504 complaint with the responsible federal department or agency.
These rules will be construed to protect the substantive rights of interested persons, meet appropriate due process standards, and assure that IWCC complies with Section 504 and the ADA and their implementing regulations.
Reasonable Accommodation Policy
Students with a documented or obvious “disability” as defined by the Americans with Disabilities Act Amendments Act (“ADA”), 42 U.S.C. § 12131, et seq., and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794, may be entitled to a reasonable accommodation, modification, or academic adjustment.
A disability for purposes of this Policy means a physical or mental impairment that substantially limits one or more major life activities and, in some cases, having a record of such an impairment. Impairments include, for example, disorders or conditions affecting the neurological or musculoskeletal systems, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitor-urinary, hemic, lymphatic, or endocrine systems, or the skins. Impairments also include mental or psychological disorders, including mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disorders. Major life activities include, for example, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
Reasonable Accommodation Requests
IWCC will provide reasonable accommodations, modifications, or academic adjustments to the known limitations of an otherwise qualified student with a disability. It is the responsibility of the student with a disability to inform IWCC that they are in need of an accommodation, modification, or academic adjustment. Students who believe they are entitled to a reasonable accommodation, modification, or academic adjustment must contact the Disabilities Services Coordinator at:
2700 College Road
Council Bluffs, IA 51503
Students must provide reliable documentation from appropriate, licensed professionals and/or educational information such as Individual Education Plan (IEP), 504 plan, Summary of Progress (SOP) or other information about a student’s education and accommodation history to support their request. Any cost of obtaining documentation is the responsibility of the student. If the initial documentation is incomplete or inadequate and an interview of the student interview does not provide the necessary information, IWCC has the discretion to request additional information necessary to make an educated decision as to whether the student is entitled to an accommodation, modification, or academic adjustment.
Determination Of Need And Reasonableness Of Requested Accommodation
Accommodations, modifications, or academic adjustments will be granted to students who demonstrate a disability-based need for the accommodation, modification, or academic adjustment to enable the student to have an equal opportunity to attain the same level of performance or to enjoy equal benefits and privileges as are available to similarly-situated individuals without a disability.
Evaluation of performance, including admissions decisions, course examinations and other measures of achievement, will be provided with appropriate reasonable accommodations or modifications to ensure that the evaluation represents achievement rather than reflecting the impact of disability.
IWCC is not required to provide an accommodation, modification, or academic adjustment if it would result in an undue hardship or fundamentally alter any program, policy, or service provided by IWCC.
IWCC is not required to permit a student with a disability to participate in or benefit from its programs or services if the student presents a “Direct Threat.” “Direct Threat” means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
If a student with a disability is engaged in threatening behavior caused by their disability, IWCC will determine if the student is a “Direct Threat.” In making this determination, IWCC will make an individualized assessment that relies on current medical knowledge or on the best available objective evidence regarding: (1) the nature, duration, and severity of the threat; (2) the probability that injury will occur; and (3) whether a reasonable accommodation, modification, or auxiliary aid or service exists that will mitigate the threat. IWCC will appoint a committee of at least three persons with experience in the area of disability accommodation and student services to make the decision as to whether a student is a “Direct Threat.” Under exceptional circumstances when the student’s medical documentation is insufficient standing alone for the group to determine if the student is a “Direct Threat,” the group will engage a person with appropriate medical and/or psychological training and experience to assist the committee in making this decision.
Under exceptional circumstances, including but not limited to, when safety is of immediate concern, IWCC may take interim adverse action against the student to stop any threat pending a final decision as to whether a student is a “Direct Threat.” If such interim adverse action is taken, IWCC will provide the student reasonable notice of the basis for the adverse action and notice that the student will be provided full due process before a final decision is made to permanently exclude them from the program or service because they are a “Direct Threat.”
Any student may seek reconsideration of a determination under this Policy through the IWCC Americans with Disabilities Act and Section 504 Grievance Policy and Procedure found on the Disability Services Page on ROC and in the Student Code of Conduct, Discipline, and Appeals Procedure section of the Student Handbook.
Civil Rights Act
The Iowa Western Community College (Merged Area XIII) filed assurance of compliance with Title VI of the Civil Rights Act of 1964 on September 9, 1966, and accepts all requirements imposed by or pursuant to the regulation. No person in the United States shall, on the ground of race, sex, color, creed or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity offered by the College. Iowa Western Community College adheres to the principle of equal education and employment opportunity without regard to race, color, creed, religion, national or ethnic origin, ancestry, genetic information, physical or mental disability, age, sex, sexual orientation, gender identity or expression, pregnancy, marital status, veteran status, AIDS/HIV status, citizenship, or medical condition, as those terms are defined under applicable laws.
Equal Opportunity and Non-Discrimination
It is the policy of Iowa Western Community College to provide equal educational opportunities and not to discriminate on the basis of race, color, creed, religion, national or ethnic origin, ancestry, genetic information, physical or mental disability, age, sex, sexual orientation, gender identity or expression, pregnancy, marital status, veteran status, AIDS/HIV status, citizenship, or medical condition, as those terms are defined under applicable laws, in its educational programs, activities, or employment practices. Inquiries and complaints regarding equal opportunity and nondiscrimination policies should be directed to the Equal Opportunity Coordinators, phone number 712-325-3200, email@example.com; or the Director of the Office for Civil Rights, U.S. Department of Education, Citigroup Center, 500 W. Madison, Suite 1475, Chicago, IL 60661, phone number 312-730-1560, fax 312-730-1576.
Drug-Free Schools and Communities
Amendments to the Drug-Free Schools and Communities Act of 1989 require documentation of services and awareness for drug-free schools and communities. The College has filed a Drug Prevention Program Certification document with the U.S. Department of Education as required by Public Law 101-226. The College will comply with all requirements of this act. For more information, contact the Dean of Student Life.
Title IX - Sex and Gender Discrimination
Iowa Western Community College will not discriminate on the basis of the sex or gender of a person in its education programs or the activities it operates; further, the College will not discriminate on the basis of a person’s sex or gender in regard to its admissions policies or in the employment of personnel. For more information or to file a complaint, contact the Title IX Coordinator.
Sexual Misconduct: Sexual Harassment Policy
Iowa Western Community College does not discriminate on the basis of sex or gender, as required by Title IX of the Educational Amendments of 1972. Iowa Western Community College is committed to having a positive learning and working environment for its students and employees and will not tolerate sexual or gender-based discrimination, which includes sexual harassment and sexual violence. Sexual and gender discrimination is also referred to as sexual misconduct. It is the policy of Iowa Western Community College to comply with Iowa Code Chapters 708 and 709 of the Title XVI Criminal Laws and Procedures. Inquiries regarding sexual and gender-based discrimination can be directed to Iowa Western’s Title IX Coordinator or to the U.S. Office of Civil Rights. Please refer to the Student Handbook for the complete policies and procedures regarding Sexual Misconduct reporting.
Clery Act Compliance Statement
In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Iowa Western Community College publishes its Annual Security and Fire Safety Report by October 1st of each year. The Dean of Student Life will prepare and distribute this report which includes statistics for the previous three years concerning reported crimes that occurred on-campus; in certain off-campus buildings or property owned or controlled by IWCC; and on public property within or immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault and other matters. A copy of this report can be obtained from the Dean of Student Life or by accessing the report on ROC and the College’s website at www.iwcc.edu.