[Georgia_ahead] FW: Single rooms for medical accommodations

Mon Apr 30 11:29:59 EDT 2007

This subject came up at the recent GA-Ahead meeting.  This is a looooooong
email but the OCR "Commitment to Resolve" may be of benefit if anyone is
having trouble with their housing department---# h is specific to the single
room at double room rate.

Bonnie Martin
Georgia Perimeter College

-----Original Message-----
From: Disabled Student Services in Higher Education
[mailto:DSSHE-L at LISTSERV.BUFFALO.EDU] On Behalf Of Appell, Stephen
Sent: Friday, April 27, 2007 3:24 PM
To: DSSHE-L at LISTSERV.BUFFALO.EDU
Subject: Re: Single rooms for medical accommodations

You all might find this helpful.

Steve

Stephen M Appell
Assistant Director/Complaint Investigator
Office for Equity and Diversity 
184 Bascom Hall, 500 Lincoln Dr.
University of Wisconsin-Madison
Madison, WI 53706
sappell at vc.wisc.edu
(608) 262-3254
Fax: (608) 263-5562
WTRS: 7-1-1
www.oed.wisc.edu

OCR DOCKET NUMBER	11-01-2002
DATE CASE RESOLVED	06-08-2001
NAME OF SIGNER	SHERALYN GOLDBECKER	

June 8, 2001

Dr. Richard R. Eakin
Chancellor
East Carolina University
East Fifth Street
Greenville, North Carolina 27858-4353

RE: OCR Case No. 11-01-2002

Dear Dr. Eakin:

This letter is to notify you of the resolution of the above-referenced
complaint filed on October 18, 2000, with the District of Columbia Office,
Office for Civil Rights (OCR), U.S. Department of Education (Department)
against East Carolina University (ECU). The Complainant,
xxxxxxxxxxxxxxxxxxxxxxxxxx, alleged that ECU discriminated against her on
the basis of her disability (spina bifida). Specifically, the Complainant
alleged that ECU failed to provide her housing at a comparable cost to that
provided to students without disabilities. She also alleged that ECU's
Teaching Fellows Program (TFP) policies mandate that all freshman TFP
students live together in one dormitory, but because no room in that
dormitory could be modified to meet her needs due to her disability, she did
not attend ECU and forfeited her TFP scholarship.

OCR is responsible for enforcing certain Federal civil rights statutes and
regulations, including Section 504 of the Rehabilitation Act of 1973
(Section 504), as amended, 29 U.S.C. § 794, and its implementing regulation,
at 34 C.F.R. Part 104, which prohibit discrimination on the basis of
disability in programs and activities that receive Federal financial
assistance from the Department. OCR also has jurisdiction to investigate
under Title II of the Americans with Disabilities Act of 1990 (Title II), at
42 U.S.C. § 12131  et seq., and its implementing regulation at 28 C.F.R.
Part 35, which prohibit discrimination on the basis of disability by state
and local government entities, including public education systems and
institutions, irrespective of whether they receive Federal financial
assistance from the Department. ECU is a public education institution
receiving Federal financial assistance from the Department and is,
therefore, subject to the provisions of Section 504 and Title II and their
implementing regulations.

During the investigation of this complaint, OCR staff interviewed the
Complainant, the Complainant's parents, and ECU staff members. OCR also
reviewed documentation provided by ECU in response to requests for
information, as well as information provided by the Complainant. Below is
OCR's analysis of the evidence gathered during its investigation.

ALLEGATION 1: The Complainant alleged that ECU failed to provide her housing
at a comparable cost to that provided to students without disabilities.
Specifically, the Complainant alleged that ECU's Director of Disability
Support Services (DSS) informed her in a meeting on April 14, 2000, that she
had to pay the higher rate for a dormitory room with a private bathroom,
which she asserted she needed due to her disability.

The Section 504 regulation, at 34 C.F.R. § 104.45(a), prohibits
discrimination against qualified individuals with disabilities in housing
programs provided by recipients. A recipient that provides housing to its
students without disabilities "shall provide comparable, convenient, and
accessible housing to handicapped students at the same cost as to others."
Furthermore, this housing "shall be available in sufficient quantity and
variety so that the scope of handicapped students' choice of living
accommodations is, as a whole, comparable to that of nonhandicapped
students." In addition, the Title II regulation, at 28 C.F.R. §
35.130(b)(7), requires public entities to make reasonable modifications in
policies, practices, and procedures when necessary to avoid discrimination
on the basis of disability, unless the entity can demonstrate that making
the modifications would fundamentally alter the nature of the service,
program, or activity.

ECU informed OCR that it has an unwritten housing policy that applies three
room rates across the board to all students, regardless of whether they have
a disability: the rate for a double-occupancy room with a communal bathroom;
the higher rate for a single-occupancy room with a communal bathroom; and
the highest rate for a single-occupancy room with a private bathroom. ECU
has no stand-alone single bathrooms in any of its dormitories, and there are
only a small number of rooms with private bathrooms.

OCR learned that when the Complainant met with the DSS Director to discuss
her requests for disability modifications, the Director told the Complainant
that he thought that he would be able to provide her a room with a private
bathroom, but she would have to pay the regular rate for that room, which is
the highest of any of the three room rates, even if she needed the private
bathroom by reason of her disability and could not live in a cheaper room
with a communal bath. The DSS Director followed up with a telephone call to
the Complainant's mother three days after the meeting to verify that he had
found a room with a private bathroom for the Complainant, but she would have
to pay the high rate for that room. OCR also learned that there was another
student with a disability, accepted at ECU at the same time as the
Complainant, who told the DSS Director that she needed a single-occupancy
room for disability-related reasons. ECU provided that student a
single-occupancy room for the 2000-2001 academic year, but charged her the
regular rate for that room as well, which is higher than the rate for a
double-occupancy room, even if she could not live in a cheaper
double-occupancy room.

OCR finds that ECU did make some reasonable modifications to its housing
policies and practices as a result of the Complainant's stated needs by
waiving its policy of no freshman in a private room and by moving the
Complainant to the top of the waiting list of students requesting a private
room. However, OCR had a concern that ECU does not consider modifications to
its room rate structure for a person who purportedly needs a private room or
bathroom for disability reasons, and instead charges that person the rate
applicable to any student, with or without a disability, who simply wishes
to live in a single-occupancy room or to have a private bathroom.

In response to this concern, on June 5, 2001, ECU entered into the enclosed
Commitment to Resolve (CTR), which, if fully implemented, will resolve OCR's
concern. OCR notes that ECU is not required to provide a private room or
private bathroom to every student with a disability. Rather, each request
for a private room or private bathroom for disability reasons must be
evaluated on an individual basis to determine what modifications to housing
policies and room rate structures are necessary in order for ECU to provide
housing options of comparable cost and scope for both students with
disabilities and students without disabilities.

ALLEGATION 2: Because no room in the dormitory designated for freshman
Teaching Fellows Program (TFP) students met the Complainant's disability
needs, the Complainant would have had to live in another dormitory and not
been able to participate in the TFP as fully as any other freshman TFP
student at ECU.

The Section 504 regulation, at 34 C.F.R. § 104.4(a), states that no
qualified individual with a disability shall on the basis of disability be
excluded from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity which receives or
benefits from Federal financial assistance. In addition, the regulation at §
104.4(b)(iv) prohibits a recipient from providing different aid, benefits,
or services to persons with disabilities unless such action is necessary to
provide qualified persons with disabilities with aid, benefits, or services
that are effective as those provided to others. Furthermore, the regulation
at § 104.43 states that no qualified person with a disability shall on the
basis of disability, be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination under any
postsecondary education program or activity.

For the 2000-2001 academic year, ECU initially required all freshman TFP
students to live together in Fleming Hall. At the time that the Complainant
met with the DSS Director, on April 14, 2000, she was informed that Fleming
Hall did not have any rooms with private bathrooms. While ECU subsequently
decided to move the incoming female TFP students to Cotten Hall, a more
accessible building, to meet the disability-related needs of another
student, Cotten Hall also did not have any rooms with private bathrooms. The
DSS Director called the Complainant's mother at the beginning of May 2000 to
inform her of the dormitory change for female freshman TFP students, but
also told her that this other dormitory also would not meet the
Complainant's stated disability need of a private bathroom. Therefore,
despite its modifications for another student, ECU still offered the
Complainant the same choice: living in a dormitory with other TFP students
but without a private bathroom, which would not meet her stated disability
needs, or living in a room with a private bathroom in a dormitory away from
the rest of the TFP students.

OCR had a concern that ECU failed to consider the Complainant's disability
needs in selecting a dormitory for its freshman female TFP students. In
response to this concern, ECU entered into the enclosed Commitment to
Resolve (CTR), which, if fully implemented, will resolve OCR's concern.

This concludes OCR's review of the allegations contained in this complaint
in accordance with our procedures. Based on the above information, OCR is
closing this complaint as of the date of this letter. OCR will monitor ECU's
implementation of the above-referenced CTR. If ECU fails to carry out its
commitments, OCR will reopen the complaint and resume its investigation.

This letter should not be interpreted to address ECU's compliance or
noncompliance with any other regulatory provision or to address any issues
other than those expressly addressed herein. Under the Freedom of
Information Act, it may be necessary to release this document and related
correspondence and records upon request. If OCR receives such a request, we
will seek to protect, to the extent provided by law, personal information
that, if released, could constitute an unwarranted invasion of privacy.

You are advised that no recipient or other person may intimidate, threaten,
coerce, or discriminate against any individual for the purpose of
interfering with any right or privilege secured by the laws OCR enforces, or
because one has made a complaint, testified, assisted, or participated in
any manner in an investigation, proceeding, or heating held in connection
with a complaint.

We wish to thank you and your staff, particularly Ben Irons and Taffye
Benson Clayton, for the cooperation extended to OCR during our
investigation. If you have any questions regarding this matter, please
contact Ms. Zelma M. Rush, Investigator, at 202-208-7727.

Sincerely,
Sheralyn Goldbecker
Team Leader

Enclosure, as stated

Docket Number:	11-01-2002
Date Case Resolved:	06-28-2001
Name of Signer	Richard R Eakin

Commitment to Resolve
East Carolina University
OCR Complaint #11-01-2002

To resolve the allegations in the above-referenced complaint filed with the
U.S. Department of
Education, Office for Civil Rights (OCR) under Section 504 of the
Rehabilitation Act of 1973
and Title II of the Americans with Disabilities Act of 1990, East Carolina
University (ECU)
agrees to fully implement the following provisions of this agreement.

1.	ECU will provide reasonable housing modifications to students with
disabilities who have a documented need for those modifications. Where the
documentation shows that a private room or private bath (or similar
accommodation) is a necessary method of meeting the housing needs of a
student with a disability, ECU will consider exceptions to its general room
rate structure unless doing so would result in a fundamental alteration to
the housing program. Each case will be evaluated individually, and necessary
modifications win be provided in accordance with the law.

By August 15, 2001, ECU will revise its disability service publications to
reflect this policy and will notify all current and incoming students with
disabilities about the policy. By August 31, 2001, ECU will provide OCR with
a copy of the revised disability service publications and any other
materials used to notify students of the policy. 

2.	If ECU requires that students in the Teaching Fellows Program (TFP)
live together, ECU will make indjvidualized determinations as to the
disability-related housing needs of the TFP students, determining what
modifications would be necessary to include students with disabilities in
the selected dormitory (or dormitories), and making those modifications
unless doing so would result in a fundamental alteration to the housing or
Teaching Fellows program.

By August 31, 200 1, ECU will provide documentation to OCR explaining where
it is
housing TFP students for the 2001-2002 academic year, what
disability-related needs it
considered, and how those disability-related needs are being met.

3.	ECU will offer to the Complainant the opportunity to enroll in ECU
in the Fall 2001 semester, with a scholarship equivalent to that provided by
the TFP for three (3) years, with the modifications necessary to effectively
meet the Complainant's disability-related needs.

a.	By June 14, 2001, ECU will send the Complainant a letter offering
her the opportunity to enroll in ECU as described above, and will provide
OCR a copy of that letter.

b.	ECU will arrange for the Complainant to work with a mutually
agreed-upon person at ECU with regard to any disability-related needs while
at ECU. 

c.	 By June 14,2001, ECU win provide a letter to OCR indicating the
specific medical documentation it needs in order to determine the
Complainant's disability-related housing and other needs.

d.	If the Complainant decides to pursue enrollment in ECU, OCR will
obtain the requested documentation from the Complainant's physician(s) and
will provide it to ECU.

e.	Within fourteen (14) calendar days of the receipt of this
information, ECU will inform the Complainant and OCR of its determination of
whether the documentation is sufficient to ascertain the extent of the
Complainant's disability-related needs.

f.	If the documentation is not sufficient. then ECU will notify OCR
what additional documentation it needs and OCR will obtain it for ECU. 

g.	Within seven (7) days of receiving sufficient documentation, ECU
will inform the Complainant and OCR of its determination as to what
reasonable modifications it has determined will effectively meet the
Complainant's disability-related needs.

h.	If ECU determines that a private room and/or private bath is
necessary in order to meet the Complainant's disability-related housing
needs, then ECU will offer that modification at the double-room rate while
the Complainant remains at ECU and as long as the Complainant's
disabi1ity-reated needs remain the same. 

i.	ECU will document all its determinations and decisions concerning
the Complainant's disability-related needs and will furnish OCR with copies
of this documentation by August 31, 2001.

4.	ECU will offer the current freshman TFP student with a disability at
ECU (identified during OCR' s investigation) the opportunity to provide it
with appropriate documentation to establish the need for a private room in
order to effectively meet that student's disability-related housing needs. 

a.	By June 11, 200 1, ECU will send that student a letter clarifying
what documentation it needs to make a determination about reasonable housing
modifications, and will provide OCR with a copy of that letter. 

b.	If the student's documentation is not sufficient. then ECU will
notify the student what additional documentation it needs. 

c.	Within seven (7) days of receiving sufficient documentation, ECU
will inform the student and OCR of its determination as to what
modifications it has determined will effectively meet the student's
disability-related housing needs.

d.	If ECU determines that a private room and/or private bath is
necessary in order to meet the student's disability-related housing needs,
then ECU will offer that modification at the double-room rate while the
student remains at ECU and as long as the student's disability-related needs
remain the same.

e.	ECU will document all its determinations and decisions concerning
the student's disability-related housing needs and will furnish OCR. with
copies of this documentation by August 31, 2001. 

For East Carolina University:
           /s/

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