ND-1 Employee Complaint Process

I.  This procedure provides for the prompt and equitable resolution of discrimination and harassment complaints brought by students against a member of the college community that is based on membership in a “protected class/category” (not otherwise addressed in the Title IX Sexual Misconduct Policy).

1. Complaints may be brought under this procedure for discrimination based on membership in a protected group: race, color, religion, national origin, citizenship status (including document abuse), sex (including pregnancy and sexual harassment), (not including those cases under the Title IX Policy Jurisdiction), sexual orientation, gender identity, age, veteran status, physical or mental disability, or genetic information.
2. All members of the college community should act promptly upon receipt of an allegation of conduct that might constitute harassment and/or discrimination. Any member of the college community should refer a person who might be a victim of such conduct to the college’s equal opportunity & Title IX Regional Director [Regional Director] (or designee) or to the district’s Title IX, ADA/504 Coordinator   who are both responsible for resolving complaints of unlawful harassment/discrimination.
3. Students who believe they are experiencing sexual harassment in violation of Title IX should submit a written complaint under Administrative Regulation 5.1.16, Title IX Sexual Harassment Policy.
4. Students who wish to file a complaint related to disability accommodations should first exhaust the remedies outlined under A.R. 2.8 Students with Disabilities.
5. Students who feel they have been treated unfairly or unjustly by a faculty member regarding instruction or a grade not involving discrimination based on membership in a protected group (as outlined above) should utilize the S-6 Instructional Grievance Process.

II.  College officials should take all necessary steps to ensure the prompt and equitable resolution of any complaint of harassment/discrimination. The typical time period to resolve allegations under this policy is sixty (60) business days. MCCCD will make a good faith effort to complete the resolution process within this period. Any extenuating circumstances that extend this time period will be communicated to the complainant and respondent and noted in the investigative file.

1. The term ‘Complainant'' refers to an individual who has experienced the alleged prohibited conduct. Only the person who has experienced the alleged prohibited conduct may file a complaint under this policy. The term “Respondent” refers to an individual who has been accused of engaging in prohibited conduct.
2. The written complaint must identify the action, decision, conduct, or basis that the student believes constitutes prohibited discrimination or harassment. If the complaint does not contain the above-referenced information, the Regional Title IX Director or district Title IX, ADA/504 Coordinator will request clarification.
3. Every effort will be made to address the complaint consistent with the complainant’s desires. However, under certain circumstances, the MCCCD may have a legal obligation to identify and remedy discrimination or harassment, irrespective of whether a formal complaint is actually filed and even if the complainant would prefer no action be taken.

III.  Optional Informal Resolution of Discrimination Complaints

1. Before filing a formal complaint under this procedure, the student may attempt to resolve the problem through informal discussions with the respondent. Students are not required to use the informal resolution process before filing a formal complaint.
2. The student should work with the Regional Director to schedule and facilitate the informal resolution meeting.
3. The informal resolution process consists of:
   1. the discussion between parties regarding the allegations,
   2. the response to the allegations, and
   3. a written resolution agreement between the parties as to the disposition of the allegations. The Regional Director shall be involved with the drafting of the written resolution agreement.
4. Both parties must sign the written resolution agreement in order to deem the matter closed.
5. There is no appeal to the informal resolution process.  The Regional Director is charged with ensuring the disposition (and any actions stated therein) is completed.
6. At any time before the signing of the resolution agreement, the student can end the informal process and initiate the formal process.
7. If the complaint cannot be informally resolved to the satisfaction of the student, the student has the right to file a formal complaint and to proceed under the formal resolution procedures.

IV.  Formal Resolution of Discrimination Complaints

1. A student who contends that unlawful or MCCCD-prohibited discrimination has occurred may file a formal complaint by contacting the Regional Director at each respective college or center or the district’s Title IX, ADA/504 Coordinator if the respondent is a district office employee.
2. A formal complaint is a signed and dated document submitted by the complainant (an email from the student will suffice) alleging a policy violation by a respondent, a summary of allegations, and requesting that the MCCCD investigate the allegation(s).
3. The formal process consists of a signed complaint, preliminary assessment, an investigation, a determination regarding the allegation, appropriate corrective action or sanctions when the complaint is substantiated, and an offered appeal process.
4. Upon receipt of a formal complaint of discrimination or harassment, the Regional Director shall conduct a preliminary assessment to determine whether, if substantiated, the behavior or conduct reported would constitute a violation of MCCCD policy. The Regional Director has sole discretion to determine whether further investigation is necessary in any particular case. In circumstances where a complaint will not be investigated, the complaint will be notified.
5. Following the determination that an investigation should take place, the Regional Director shall appoint two (2) trained investigators to investigate the allegations. The complainant, respondent and/or investigators shall disclose any potential conflicts of interest or bias regarding the complaint to the Regional Director.
6. Regional Director will provide written notice of allegations (the “NOA”) to the respondent upon commencement of the formal resolution process. The NOA will include:
   1. a summary of all allegations,
   2. specific policies implicated,
   3. a statement of the potential sanctions/corrective actions that could result,
   4. a statement that the applicable evidentiary standard is a preponderance of the evidence,
   5. a statement that the MCCCD presumes the respondent is not responsible for the reported misconduct unless and until the evidence supports a determination of a policy violation,
   6. the name(s) of the assigned investigator(s),
   7. detail on how the party may request disability accommodations during the interview process,
   8. a statement about MCCCD’s policy on retaliation, and
   9. an instruction to preserve any evidence that is directly related to the allegations.
7. Amendments and updates to the NOA may be made as the investigation progresses and more information becomes available. Notice is presumed to have been given upon emailing the NOA to the respondent’s MCCCD-owned email address.
8. The investigators shall review all information provided to the Regional Director and will interview individuals who potentially possess relevant evidence as identified by the parties and determined by the investigators. The investigators shall focus on the allegation(s) of policy violation, assess the relevance of witnesses and evidence, and work efficiently to conclude the investigation promptly (within 60 business days), as outlined in this procedure. The investigators shall deliver to the Regional Director the investigation report, which shall include:
   1. a summary of the allegations,
   2. a written determination (including rationale) regarding the allegation and whether a policy violation is substantiated or unsubstantiated, and,
   3. any recommendation(s) addressing substantiated findings.
9. Within ten (10) business days following receipt of the results of the investigation the Regional Director will accept or recommend further investigation. The Regional Director will provide a written notification of the investigation outcome simultaneously to the complainant and respondent. This outcome notification will include a summary of the investigator’s written findings.

V.  Sanctions and Corrective Action

1. The Vice President of Student Affairs will implement student sanctions as appropriate under A.R. 2.5 Student Rights and Responsibilities Policy. If the respondent is an employee, the Vice President of Student Affairs will report the findings of fact and policy conclusions to the college or District Human Resources who will issue appropriate disciplinary sanctions or corrective action.
2. MCCCD has clear policy goals to prevent and correct discrimination or harassment, therefore, possible sanctions include, but are not limited to: written warning, counseling, suspension, transfer, mandatory training, or dismissal of the respondent. As appropriate to remedy the effects of policy violations, action on behalf of complainants, such as employee assistance, professional counseling, voluntary transfer, etc., may also be offered. The institution will take appropriate steps to prevent further occurrences.

VI.  Supportive Measures

For any allegation of unlawful discrimination, the MCCCD may provide supportive measures to assist or protect the parties during the pendency of the investigation. Such measures may include academic adjustments, arranging for changes in class schedules, or other appropriate temporary measures.

VII.  Appeal Right

1. A complainant or respondent who is not satisfied with the outcome has five (5) business days to submit an appeal of the decision, in writing, to the College President. If a conflict of interest prevents the College President from serving as the appeal officer, then the district Provost shall serve as the appeal officer. For respondents who are district office employees, the Provost shall serve as the appeal officer. If the Provost has a conflict of interest, a College President may serve as the appeal officer. Conflicts of interest requiring a change of appeal officer shall be communicated to the requesting party.
   
   Grounds for Appeal. Appeals are limited under the following grounds: a) Procedural irregularity that affected the outcome of the matter; OR, b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter.
    
2. The appeal request must state the grounds for appeal and why the complainant or respondent believes the outcome was improper.
3. Denials based on lack of grounds shall be communicated to the requesting party within five (5) business days of the request for appeal being received by the appeal officer.
4. If any grounds for appeal are met, the appeal officer will review the results of the investigation and written findings and respond to the request within ten (10) business days from receipt of the request. The ten-day review and response period may be extended for extenuating circumstances, with notice to all parties. The appeal officer may accept, reject, or modify the investigatory outcome. If the appeal officer determines that it is necessary to remedy a substantial deficiency caused by one of the appeal grounds above, the case file will be reopened and assigned for further investigation. If necessary, other investigator(s) may be assigned. If the appeal officer determines that the investigation was thorough and complete and that the decision is supported by the evidence, the appeal officer will affirm the investigation outcome. At this point, the student has exhausted the Discrimination Complaint Procedure for Students.

VIII.  Maintenance of Documentation

Documentation resulting from each level in the Formal Resolution Process (including witness statements, investigative notes, etc.) will be maintained in accordance with state and MCCCD document retention guidelines, A.R. 4.15 Retrieval, Disclosure and Retention of Records.

IX.  Confidentiality of Proceedings

Every effort will be made by the college and MCCCD to protect the confidentiality of the parties during the processing of complaints under this procedure. Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with MCCCD’s legal obligation to investigate and resolve issues of discrimination.

X.  Retaliation Prohibited

Retaliation against a person who has filed a complaint or against any witness questioned during an investigation is strictly prohibited. Any retaliatory action by instructors, supervisors, managers, academic professionals, administrators, or other employees who have the authority to take adverse action against a complainant or witness is prohibited and may be grounds for disciplinary action. As per A.R. 5.1.15 Retaliation Prohibited, “MCCCD strictly prohibits an adverse action that might deter a reasonable person from participating in activity protected by antidiscrimination laws.”

XI. False Statements Prohibited 
Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge will be subject to appropriate discipline under the Student Conduct Code or appropriate employee Administrative Regulation.

External Filing of Discrimination Complaint

MCCCD encourages students to use the MCCCD Discrimination Complaint Procedure for Students to resolve discrimination concerns. Students also have the right to file civil rights complaints with appropriate external agencies. No retaliation will be taken against a person for filing a complaint with an external agency. The following agency accepts discrimination charges filed by, or on behalf of, students:

Office for Civil Rights, Region VIII (OCR) Denver Office
U.S. Department of Education Federal Building
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
Phone: 303-844-5695
Fax: 303-844-4303
TDD: 303-844-3417
E-mail: OCR_Denver@ed.gov

AMENDED through the Administrative Regulation Approval Process, June 12, 2023
AMENDED by Direct Chancellor Approval, April 1, 2015
AMENDED through the Administrative Regulation Approval Process, March 13, 2012

Non-Discrimination Statements

 

The Maricopa County Community College District (MCCCD) is an EEO/AA institution and an equal opportunity employer of protected veterans and individuals with disabilities. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, age, or national origin. A lack of English language skills will not be a barrier to admission and participation in the career and technical education programs of the District.

The Maricopa County Community College District does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs or activities.  For Title IX/504 concerns, call the following number to reach the appointed coordinator:  (480) 731-8499.  For additional information, as well as a listing of all coordinators within the Maricopa College system, visit http://www.maricopa.edu/non-discrimination.

 

El distrito de Los Colegios Comunitarios de Maricopa (cuyas siglas en inglés son MCCCD) es una institución EEO/AA y un empleador con igualdad de oportunidades para veteranos protegidos y personas con discapacidades.  Todos los solicitantes calificados recibirán consideración para empleo sin considerar raza, color, religión, sexo, orientación sexual, identidad de género, u origen nacional.  La falta de destrezas del idioma inglés no es un impedimento para admisión y participación en programas de educación Técnica del distrito.

El distrito de Los Colegios Comunitarios de Maricopa no discriminan con base a raza, color, origen nacional, sexo, discapacidad o edad en sus programas o actividades.  Sí tiene preguntas sobre título IX/504, llama al siguiente número para comunicarse con el coordinador designado:  (480) 731-8499.  Para obtener información adicional, así como una lista de todos los coordinadores dentro del sistema de Colegios Comunitarios de Maricopa, visite:  http://www.maricopa.edu/non-discrimination.

Religious Accommodation Procedure

1. The Maricopa County Community College District will reasonably accommodate the religious needs, observances, and practices of their employees and students, when requested and when said requests are made in accordance with these procedures.  An individual’s request for reasonable religious accommodations, including requests for time off from work or school activities, is justified unless college, class, or District operations would suffer unduly by granting the individual’s request.  Requests should be made in writing using the Religious Accommodation Request form.
2. Individuals may not be discriminated against because of their religious beliefs or practices, or because they lack religious beliefs or practices.
   
   1. Faculty and staff who believe they have been discriminated against by the denial of a requested religious accommodation should contact the Equal Employment Opportunity / Affirmative Action Office at 480-731-8473.
   2. Students who believe they have been discriminated against by the denial of a requested religious accommodation should contact the Dean of Students, or designee at their respective college.
3. DEFINITIONS:
   
   1. Religion or Creed: includes traditional, organized religions but also religious beliefs, including those that are new, uncommon, not part of a formal church or sect. All aspects of religious belief and observance that are sincerely held will be considered as part of this policy.
      
      1. Religious Practice or Belief: A sincerely held practice or observance that includes moral or ethical beliefs as to what is right and wrong, most commonly in the context of the cause, nature and purpose of the universe. Religion includes not only traditional, organized religions, but also religious beliefs that are new, uncommon, not part of a formal religious institution or sect, or only subscribed to by a small number of people. Social, political, or economic philosophies, as well as mere personal preferences, are not considered to be religious beliefs.
   2. Religious Accommodation: A reasonable change in the work or academic environment that enables a student or employee to practice or otherwise observe a sincerely held religious practice or belief without undue hardship on the college or District.
      
      1. A reasonable religious accommodation may include, but is not limited to:
         
         1. Time for prayer during a work day,
         2. The ability to attend religious events or observe a religious holiday, or
         3. Any necessary modification to college or District policy, procedure or other requirement for a student’s or employee’s (or prospective employee’s) religious beliefs, observance or practice, provided such accommodation is reasonable and does not cause undue hardship.
   3. Undue Hardship: Significant difficulty or expense and related circumstances in relationship to the cost or difficulty of providing a specific accommodation.
      
      1. Undue hardship may refer to financial difficulty in providing an accommodation or accommodations that are unduly expensive, substantial, disruptive, or that would fundamentally alter academic requirements, the nature or operation of the college or district’s business, or the essential functions of a job. Accommodations which interfere with the safe and efficient operation of the workplace or campus will often present an undue hardship.
4. PROCEDURES FOR SEEKING RELIGIOUS ACCOMMODATION:
   
   1. Students:
      
      1. All students may request a religious accommodation by making a written request for an accommodation to the appropriate faculty member. To the extent possible, requests must be made at least two (2) weeks before the requested absence from class due to religious holiday or day of observance. [Students and employees are encouraged to review the calendar for all holidays/holy days at the beginning of the calendar year (for employees) and semester (for students) and to make accommodation requests as early as possible.]
      2. Faculty members will, upon receiving the request for a religious accommodation, submit the request to the Dean or Academic Chair of his/her department.
      3. In cooperation with the Dean of Students, or designee, the accommodation request will be reviewed and the student’s request responded to within a reasonable time.
         
         1. A reasonable time period should take into consideration the timeliness of the request as well as the imminent nature of the request.
      4. Additional information may be necessary, in support of the requested accommodation. In these cases, the additional information should not be overly burdensome and shall not be information more detailed than would be requested for other accommodations (not related to religion).
      5. In situations where an accommodation is not granted, the District Compliance Office must review the reasons for the denial within 72 hours (3 business days) after the denial.
   2. Employees:
      
      1. All employees may request a religious accommodation by making a written request for an accommodation to their supervisor(s). Employees will be required to complete a Formal Accommodation Request form and may be required to provide other documentation or information supporting the request. (See Religious Accommodation Request form). Employees who anticipate being absent from work because of a religious observance must submit their request for time off in advance and as soon as they become aware of the need or at least ten (10) business days in advance. Failure to do so, when reasonably unavoidable, will not prevent the granting of the absences.
      2. Supervisors receiving the accommodation request will meet with college (and/or District Human Resources) to seek guidance as to the granting of the accommodation.
         
         1. Additional information may be necessary, in support of the requested accommodation. In these cases, the additional information should not be overly burdensome and shall not be information more detailed that would be requested for other accommodations (not related to religion).
         2. In situations where an accommodation is not granted, the District Compliance Office must review the reasons for the denial within 72 hours (3 business days) after the denial.
   3. Accommodation request determinations will be made on a case‐by‐case basis taking into account factors, including but not limited to: the fundamental requirements of the applicable academic program and/or related technical standards, essential functions of an individual’s job, the duties of others in the department or job group, the requirements of the department or major, any impact of the accommodation, the duration of the accommodation request, and the availability of alternative accommodations.
   4. The college or District will endeavor to protect the requesting student or employee’s privacy in evaluating and implementing the accommodation requested to the extent possible.  However, following receipt of the request, the college or District official or administrator, supervisor(s) or designee(s) will discuss the accommodation request as necessary with the student or employee, and with select others in order to further evaluate and/or implement the accommodation.
   5. Approvals should be provided in writing to the requesting student or employee by filling out the “disposition” section of the Religious Accommodation Request form.
   6. Employees with questions about this policy and/or its application may contact Equal Employment Opportunity / Affirmative Action Director, Deric Hall at 480-731-8473 or by e‐mail at: deric.hall@domail.maricopa.edu.
   7. Students with questions about this policy and/or its application may contact the Vice-President of Student Affairs at their respective college.
5. ADDITIONAL INFORMATION:
   
   1. Absences-Student Notice: Students who anticipate being absent from classes because of a religious observance must provide faculty or appropriate designee with advance notice of their absence in accordance with the common pages. Students involved in an internship or clinical placement program must also provide advance notice to their internship or clinical placement supervisor prior to any absence.
      
      1. Students should understand that if an accommodation is granted, missing time from an internship or clinical placement may require the student to make up work or repeat the internship or clinical placement at a later time.
      2. Make up/Extension: If examinations or assignment deadlines are scheduled on the day(s) of a religious observance, any student who provided advance notice of absence will have the opportunity to make up the examination or extend the assignment deadline and will not be penalized for the absence.
      3. Being absent from class or other educational responsibilities does not excuse students from keeping up with any information shared or expectations set during the   missed class(es). Students are responsible for obtaining the materials and information provided during any class(es) missed.
6. ABSENCES–EMPLOYEES (INCLUDING FACULTY AND STAFF): The college or District will make reasonable efforts to accommodate an employee’s requests for absences to the extent possible by allowing flexible arrival and departure times, floating or optional holidays, flexible work breaks, or considering schedule substitutions with colleagues of substantially similar qualifications which may need to be arranged by or with the assistance of the requesting employee. Employees may request time off from work to observe religious holidays that are not designated college holidays.  Such requests will be granted unless it would result in an undue hardship to the department or MCCCD.  Employees taking a non-designated religious day off must charge time off to personal time, accrued vacation time, or take time without pay.
   
   1. Please be aware that the college or District is not required to accept a requested preferred accommodation if there is more than one alternative that eliminates the religious conflict.
7. RELIGIOUS ATTIRE, DRESS, GROOMING AND OTHER REQUIREMENTS: Upon request, the college or District will make reasonable efforts to accommodate student and employee attire that is related to their sincerely held religious beliefs and which conflict with any college or district requirement. religious attire is not cultural or traditional dress; it is a requirement of religious observance. religious attire may include, but it is not limited to: hairstyle or beard: Sikh hair and beard, Rastafarian dreadlocks, Jewish payot; yarmulkes, turbans, headscarves (hijab), Rastafari headdress; crucifixes, Star Of David or other items of ceremonial dress.
8. QUIET SPACES AND PRAYER, UPON REQUEST: The college or District will evaluate and where reasonable and available, provide access to quiet, private spaces for meditation, study and/or prayer consistent with the requirements of this policy.
9. ATHLETIC-RELATED RELIGIOUS ACCOMMODATIONS: Upon request, the college or District will make reasonable efforts to accommodate students participating in intercollegiate athletics. The process outlined in this procedure must be followed, with the accommodation request form being delivered to the Head Coach for the intercollegiate sport as well as the Athletic Director.
10. RETALIATION PROHIBITED: The college or District prohibits retaliation against students and employees requesting a religious accommodation, participating in an approved accommodation or otherwise engaging in protected conduct under this policy. Any person who violates this anti‐retaliation provision may be subject to disciplinary and/or corrective action.
11. RECORDKEEPING REQUIREMENT:
    
    1. Employee religious accommodation requests shall be maintained in the Equal Employment Opportunity / Affirmative Action Office and shall adhere to the applicable records retention schedule, as outlined by the Office of Public Stewardship.
    2. Student religious accommodation requests shall be maintained in the Dean of Student’s office and shall adhere to the applicable records retention schedule, as outlined by the Office of Public Stewardship.

The Religious Accommodation Request form is located at:  RELIGIOUS ACCOMMODATION REQUEST FORM

The Maricopa County Community College District (MCCCD) is committed to providing reasonable accommodations to its employees and applicants for employment to ensure that individuals with disabilities enjoy equal access to all employment opportunities.  Section 501 of the Rehabilitation Act of 1973 requires federal agencies to provide reasonable accommodation for qualified employees or applicants with disabilities, unless to do so would cause undue hardship.  These Procedures, fully comply with the Rehabilitation Act of 1973, Executive Order 13164 (requiring federal agencies to establish procedures to facilitate the provision of reasonable accommodation), and MCCCD regulations and 29 C.F.R. § 1614.203(d)(3) (clarifying the written procedure requirement). 

I. DEFINITIONS OF KEY TERMS

II. ROLES AND RESPONSIBILITIES

III. REASONABLE ACCOMMODATION PROCEDURES

IV. DISTRIBUTION OF THESE PROCEDURES

V. REASONABLE ACCOMMODATION RESOURCES

I. DEFINITIONS OF KEY TERMS

Disability:  To be eligible for a reasonable accommodation, an individual must either have a physical or mental impairment that substantially limits a major life activity, or must have a record (a history) of a physical or mental impairment that substantially limited a major life activity.  An individual who is only regarded as having a disability is not entitled to reasonable accommodation.  Determination of disability will comply with the requirements of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) which requires a broad interpretation of the term and generally does not require an extensive analysis.

Essential Functions:  Essential functions are those job duties that are fundamental to the position that the individual holds or desires.  The term "essential functions" does not include marginal functions of the position.  "Marginal functions" are those job duties that are less important or critical to the success or failure of the specific position.  A function can be "essential" if, among other things: the position exists to perform the function; a limited number of other employees are available to perform the function; or the function is highly specialized and the individual is hired based on having those specialized skills.  Evidence of whether a particular function is essential includes:

• MCCCD’s judgment (generally a supervisor's, manager's and/or office director's judgment)
• a written position description developed before a job is advertised
• the amount of time spent performing the function
• the consequences of not requiring the person in the position to perform the function
• the terms of a policy and/or agreement
• the work experience of past incumbents in the job or current incumbents in similar jobs.

Determination of whether a particular function is essential must be done on a case-by-case basis because the duties of a specific job may deviate from what is indicated in a position description or from the duties of employees holding a similar job.

Extenuating Circumstances:  Factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation or limited situations in which unforeseen or unavoidable events prevent prompt processing and delivery of an accommodation. (e.g., identified software such as a Screen Reader is not compatible with existing equipment).

Health Care or Rehabilitation Professional:  A person who has completed a course of study and is licensed to practice in a field of health care, which includes the diagnosis and assessment of the particular disability or disabilities in question.

Interactive Process:  The interactive process refers to an information-gathering approach used by an employer with the employee to evaluate a request for accommodation.  It is intended to be a flexible approach that centers on the communication between an employer and the individual requesting reasonable accommodation, but may (and often does) involve obtaining relevant information from a supervisor and an individual's health care provider.  This process begins upon receipt of an oral or written request for reasonable accommodation.  Any request will be transmitted to the Disability Coordinator (“DC”) at the college or site.  The DC is the person who will decide whether to grant or deny a reasonable accommodation. The DC will engage in the interactive process with the requestor and other relevant individuals (e.g., a supervisor, a requestor's health care provider) to collect whatever information is necessary to make an informed decision about whether the requestor is covered as an individual with a disability; and, if so, whether the requestor qualifies for an accommodation(s). If the employee is qualified to receive a reasonable accommodation, the DC will determine what reasonable accommodation(s) will effectively eliminate the barrier identified by the requestor and permit an equal opportunity to apply for a job, to perform a job, or to gain access to the workplace, or to enjoy access to the benefits and privileges of employment. Reasonable accommodations are intended to support an eligible employee in performing the essential functions of their position and not supplant such essential functions.

Interim Accommodation:  Any temporary or short-term measure put in place until a granted accommodation is available.

Invisible/Hidden Impairments:  Disabilities or conditions that are not obviously apparent or visible, such as asthma, arthritis, chronic fatigue syndrome, epilepsy, kidney disease, diabetes, cancer, HIV infection, chronic depression, learning disabilities, autism spectrum disorder, and mild intellectual disability.

Major Life Activities:  Major life activities include activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Major life activities also include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

Mental Impairment:  Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness (major depression, bipolar disorder, anxiety disorders), schizophrenia, and specific learning disabilities.

Physical  Impairment:  Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems such as: neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, immune systems, respiratory, genitourinary, hemic, circulatory and lymphatic, skin, normal cell growth, and endocrine system.

Qualified:  An individual with a disability is qualified for the position that such individual holds or desires if the individual:

(1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and

(2) can perform the essential functions of the position, with or without reasonable accommodation.

Reasonable Accommodation:  A reasonable accommodation is any change in the workplace or in the way things are customarily done that provides an equal employment opportunity to an individual with a disability.   The MCCCD provides reasonable accommodation:

• when an individual with a disability needs an accommodation to have an equal employment opportunity in the application process;
• when an employee with a disability needs an accommodation to perform the essential functions of the job held or desired, or to gain access to the workplace; and,
• when an employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, office-sponsored events).

If there are several effective and reasonable accommodations that would provide an equal employment opportunity, or if the employee or applicant with a disability prefers to provide their own accommodation, the employee's or applicant’s preference will be given first consideration. However, the ADA permits the MCCCD to choose among effective and reasonable accommodations, and it may choose one that is less expensive or easier to provide, even though it might not be the employee’s or applicant’s preferred accommodation.

Reassignment:  Reassignment is a form of reasonable accommodation. It may be provided to an employee (not an applicant) who, because of a disability, can no longer perform the essential functions of her current job, with or without reasonable accommodation.  A reassignment is made only to a vacant position that the MCCCD has authorized to be filled at the time of the accommodation request and intends to fill.  Where possible, reassignment is to an equivalent position, but if no equivalent position is available, may be to a lower level position that is as close as possible to the employee's current position.  If the employee is qualified for such a position and the District chooses to offer it as an accommodation, the employee will be reassigned to the new job and will not have to compete for it.

Undue Hardship:  Undue hardship means that an employer would incur significant difficulty or expense in providing a certain reasonable accommodation.  The Rehabilitation Act does not require the MCCCD to provide a reasonable accommodation that causes an undue hardship.  Determination of undue hardship is always made on a case-by-case basis, considering such factors as the nature and net costs of the accommodation, the overall financial resources of the MCCCD, and the impact of the accommodation on the operation of the District, including the impact on the MCCCD's ability to conduct business.  Most undue hardship assessments involve non-financial considerations, such as the timely performance of job duties and the ability to effectively serve the public. The MCCCD must consider the resources of the District as a whole, not simply the budget of a specific office, when determining whether an accommodation imposes significant cost; however, the MCCCD does not have to include any funding that is designated for a specific purpose that does not include provision of reasonable accommodation. 

II. ROLES AND RESPONSIBILITIES

Chief Human Resources Officer (CHRO) 

• Reviews requests for reconsideration;
• Issues final decisions within 15 business days from the date the request for reconsideration is received; and,
• Designates another MCCCD staff member as a substitute for the DC when the DC is unavailable for any extended length of time.

Disability Program Manager (DPM)

• Ensures District compliance as to employees with the Americans with Disabilities Act and other applicable laws;
• Coordinates and manages the reasonable accommodation program between colleges and the District Office;
• Serves as a resource for the Disability Coordinators;
• Tracks district accommodations;
• Coordinates the distribution of available funds from Districtwide and College resources to cover all costs associated with providing reasonable accommodations, including sign language interpreters, furniture, technology, and other significant purchases; and,
• Coordinates with District Facilities Planning & Development (FP&D) when reasonable accommodation includes modification(s) to existing buildings or grounds (i.e., ramps, railings, ingress/egress, sidewalks, etc).

Disability Coordinator (DC)

• Coordinates and manages the reasonable accommodation program at each college; 
• Administers the reasonable accommodation program by reviewing requests for employees and applicants for completeness; assessing requests to determine whether the individual meets the definition of an individual with a disability and needs the accommodation requested; initiating the interactive process with the requesting employee and appropriate officials; issuing timely decisions granting or denying accommodation requests; and, implementing granted accommodations; 
• Obtains and evaluates documentation supporting an accommodation request (such as medical information) when the disability and/or need for accommodation is not obvious;
• Works with the employee's supervisor to ensure that any accommodation, if appropriate, meets the individual's disability-related needs, does not entail eliminating  essential functions of the position, is feasible, and does not pose an undue hardship;
• Works with applicants with disabilities who need accommodation to apply for or be interviewed for a job; and,
• Makes the final decision on each request at the college or site with input from the DPM as needed.

Facilities Planning & Development (FP&D)

• Establishes construction guidelines for new and remodeled spaces for compliance with current applicable ADA regulations;
• Coordinates with the DPM, DC, and College Facilities Directors, as needed; and,
• Administers the District-wide ADA Capital Budget.   Capital funds are applicable to equipment purchases and facilities-related purchases when $1000, or more.     

Employee and Applicant with a Disability:

• Notifies the MCCCD of a need for accommodation;
• Cooperates in the interactive process throughout the reasonable accommodation process (failure on the part of the employee or applicant to cooperate in the interactive process may result in a denial of the reasonable accommodation request); 
• Promptly provides any requested medical information about the disability,  limitations, and need for accommodation to the DPM; and,
• Submits any requests for reconsideration on reasonable accommodation decisions within ten (10) business days to the CHRO.

Supervisor/Manager:

• Immediately forwards requests for reasonable accommodation to the DC (as soon as practicable, preferably within 2 business days);
• Clarify with the individual whether reasonable accommodation is requested if the nature of the initial communication is unclear;
• Participates in the interactive process to ensure that any accommodation meets the individuals accommodation needs and enables the individual to perform the essential functions of the position; and,
• Is familiar with these Procedures as well as other MCCCD programs and resources available to employees.

III. REASONABLE ACCOMMODATION PROCEDURES

1.  Requesting Reasonable Accommodation

   Generally, an applicant or employee must inform the MCCCD of a need for an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition.  An individual need not have a particular accommodation in mind before making a request.  An applicant or employee may request a reasonable accommodation at any time, orally or in writing.

   A request does not have to include any special words, such as "reasonable accommodation," "disability," or "Rehabilitation Act."  A request is any communication in which an individual asks or states a need for the MCCCD to provide or to change something because of a medical condition.  A person does not have to specify a particular accommodation although it is helpful if they can suggest one.  It is sufficient for the individual requesting accommodation to state that some sort of change or assistance is required.  A supervisor, manager, or the DC should ask an individual whether they are requesting a reasonable accommodation if the nature of the initial communication is unclear.

   If a manager or supervisor directly receives a reasonable accommodation request, that individual should forward the request immediately to the DC, within two (2) business days, if practicable.  While the DC will handle all requests for reasonable accommodations, supervisors, managers, and office directors often will need to be consulted about specific requests to ensure that any accommodation meets the individual's disability-related needs and enables the individual to perform the essential functions of the position. 

   A family member, health professional, or other representative may request an accommodation on behalf of an MCCCD employee or applicant.  For example, a doctor's note outlining medical restrictions for an employee may constitute a request for reasonable accommodation.

   For applicants, information about contacting the DC will be in the vacancy announcement and the letter of appointment.  Applicants may also request accommodations from any MCCCD employee connected with the application process.

   An employee should request a reasonable accommodation directly from the DC since this is the staff person who will handle the request.  An employee who prefers to submit the request to someone other than the DC may submit it to a supervisor or manager in the employee's chain of command. 

   If an applicant or employee makes a reasonable accommodation request to someone other than the DC, these individuals must forward the request to the DC immediately, but no later than two (2) business days, if practicable, after the request is made.  The reasonable accommodation process begins as soon as the oral or written request for accommodation is made.

   When an individual (or third party) makes an oral request, the DC must confirm the request in writing.  An individual does not have to place the request in writing in order for the interactive process to begin.

   An individual may request reasonable accommodation regardless of whether the individual has previously received or been denied an accommodation.  In some situations, a new request may indicate that circumstances have changed (e.g., the disability has worsened or an employee has been assigned new duties that require an additional or different reasonable accommodation).  The DC may not refuse to process a request for reasonable accommodation, and a reasonable accommodation may not be denied, based on a belief that the accommodation should have been requested earlier.

   An employee needing a reasonable accommodation on a regularly recurring basis, such as receiving the monthly staff meeting agenda ahead of time, must submit the "Confirmation" form only for the first request.  If the accommodation is needed on a known scheduled basis (e.g., a weekly staff meeting), the DC should ensure that an employee's supervisor makes the appropriate arrangements without requiring a request in advance of each occasion.  However, if the need for accommodation will happen on an unscheduled or infrequent basis (e.g., the need for help sending materials to conferences 3 or 4 times a year), the employee requesting accommodation must give appropriate advance notice each time the accommodation is needed.

   While there are some things that are not considered reasonable accommodations (e.g. removal of an essential job function or provision of personal use items such as a hearing aid that is needed on and off the job), reasonable accommodations can enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits including office common areas, parking lots, and office events.

   Common types of accommodations include:

   • modifying work schedules or supervisory methods
   • altering how or when job duties are performed
   • removing and/or substituting a marginal function
   • moving to different office space
   • providing telework beyond that provided by the applicable policy or agreement
   • making changes in workplace policies (e.g., concerning granting breaks or providing leave)
   • providing assistive technology, including information technology and communications equipment or specially designed furniture
   • providing a reader or other staff assistant to enable employees to perform their job functions, where accommodation cannot be provided by current staff (See Appendix E for information on hiring staff assistants)
   • removing an architectural barrier, including reconfiguring work spaces
   • providing accessible parking if the District provides on-site parking to all employees
   • providing materials in alternative formats (e.g., Braille, large print)
   • providing a reassignment to another job

   The MCCCD will process requests for reasonable accommodation and will provide reasonable accommodations where appropriate, in a prompt and efficient manner in accordance with the time frames set forth in the Procedures.

   Sometimes the MCCCD may be able to address an employee's disability-related needs outside the reasonable accommodation process.  It also may take steps, solely at its discretion, beyond those required by either the non-discrimination or model employer provisions of section 501 of the Rehabilitation Act of 1973. 

2.  Processing the Request

   The DC is responsible for processing requests for reasonable accommodation.  While the DC has responsibility for processing requests for reasonable accommodation, the DC should work closely with an employee's supervisor or office director, particularly for requests involving job performance.  The DC will need to consult with an employee's supervisor and the DPM and legal as applicable to gather relevant information necessary to respond to a request and to assess whether a particular accommodation will be effective.  No reasonable accommodation involving performance of the job will be provided without first informing an employee's supervisor.

3.  The Interactive Process

   Generally, after a request for accommodation has been made, the DC will begin the interactive process to determine what, if any, accommodation should be provided.  This means that the individual requesting the accommodation and the DC must communicate with each other about the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual's needs.

   Upon notification of the request, the DC will contact the applicant or employee as soon as practicable, preferably within seven (7) business days after the request is made, to begin discussing the accommodation request.  When the disability and/or the need for accommodation is not obvious, the DC may ask the individual for reasonable documentation about their disability and functional limitations.  The DC is entitled to know that the individual has a covered disability for which the individual needs a reasonable accommodation.  Such information may not be necessary if the disability is obvious (e.g., the requestor is blind or has paralysis), if the disability is already known to the MCCCD (e.g., a prior request revealed that a disability existed and there has been no change in the individual's medical condition), or if the need for the requested accommodation is clear.

   Communication is a priority throughout the entire process, but particularly where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the parties are considering different forms of reasonable accommodation.  Both the individual making the request and the DC should work together to identify effective accommodations.  The DC should update the requestor throughout this process.  In addition, the requestor may periodically check with the DC, by phone or email (Whichever method is preferred by the DC), for information on the DC’s progress in processing the request.

   When a third party (e.g., an individual's doctor) requests accommodation on behalf of an applicant or employee, the DC should, if possible, confirm with the applicant or employee that they want a reasonable accommodation before proceeding.  Where this is not possible, for example, because the employee has been hospitalized in an acute condition, the DC will process the third party's request if it seems appropriate (e.g., by granting immediate leave) and will consult directly with the individual needing the accommodation as soon as practicable.

   The DC may need to consult with other MCCCD personnel (e.g., an employee's supervisor, Information Technology staff, the DPM) or outside sources to obtain information necessary for making a determination about the request.  The MCCCD expects that all District personnel will give a high priority to responding quickly to a DC’s request for information or assistance. 

   A supervisor or office director who believes that an employee may no longer need a reasonable accommodation should contact the DC.  The DC will decide if there is a reason to contact the employee to discuss whether the employee has a continuing need for reasonable accommodation.

   Reassignment as a Reasonable Accommodation

   There are specific considerations in the interactive process when an employee needs, or may need, a reassignment.

   • The DC must explain to the requester that reassignment will be considered if no accommodations are available to enable the individual to perform the essential functions of their current job, or if the only effective accommodation would cause undue hardship.  The DC must also explain that reassignment means that an employee may be placed in a vacant position that is authorized to be filled and for which the individual is qualified, without having to compete for that job.
   • If the DC determines that there is no reasonable accommodation to permit an employee to perform the essential functions of the employee's current position, the DC must ask if the employee would like the DC to search for a possible reassignment.  If the employee wants the DC to check for any vacancies, the DC will work with the DPM to do so.
   • In considering whether there are positions available for reassignment for which the employee is qualified with or without reasonable accommodation, the DC will work with both the DPM and the employee requesting reassignment to identify: (1) vacant positions within the District (not just the employee's current office) that are currently advertised, (2) currently authorized vacant positions that are no longer being advertised but for which no hiring decision has yet been made, and (3) vacant positions that the College/District has authorized to fill but that District has not yet advertised. Upon completion of searching for vacancies that fall within these three situations, the search is over.  If the DPM determines after consultation with the relevant manager that the employee is qualified for a particular vacancy, it may be offered to the employee as an accommodation.  If the DPM does not find an appropriate vacancy, the results will be conveyed to the employee.

   • Reassignment is to an equivalent position where possible, but if no equivalent position is available, may be to a lower level position that is as close as possible to the employee's current position.

4.  Requests for Medical Information

   If a requestor's disability and/or need for accommodation are not obvious or already known, the MCCCD (specifically the DC) may require medical information showing that the requestor has a covered disability that requires accommodation.  Specifically, the MCCCD may seek only medical information that is sufficient to explain the nature of the disability, the individual's need for reasonable accommodation, and how the requested accommodation will assist the individual to apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the workplace.  A disability is obvious or already known when it is clearly visible or where the MCCCD already has information from the individual showing that the condition met the Rehabilitation Act definition.  It is the responsibility of the applicant/employee to provide appropriate medical information requested by the DC where the disability and/or need for accommodation are not obvious or already known.

   Only the DC may determine whether medical information is needed and, if so, may request such information from the requestor and/or the appropriate health professional (for example, a doctor, psychologist, clinical social worker, physical therapist, or rehabilitation counselor).  Even if medical information is necessary to process a request, the DC does not necessarily have to request medical documentation from a health care provider; in many instances, the requestor may be able to provide sufficient information to substantiate the existence of a "disability" and/or need for a reasonable accommodation.    If an individual has already submitted medical documentation in connection with a previous request for accommodation, the individual should immediately inform the DC of this fact.  The DC will then determine whether additional medical information is needed to process the current request.

   If the initial information provided by the health professional or volunteered by the requestor is insufficient for the DC to determine whether the individual has a "disability" and/or that an accommodation is needed, the DC will explain what additional information is needed and why.  If necessary, the individual should then ask their health care provider or other appropriate professional to provide the missing information.  The DC also may give the individual a list of questions for the health care provider or other appropriate professional to answer.  If sufficient medical information is not provided by the individual, the DC may ask the requester to sign a limited release permitting the DC to contact the provider for additional information.  If an individual refuses to provide information requested by the DC, that may result in a decision not to provide reasonable accommodation.

   The DC may have medical information provided by an individual or their health care professional reviewed by a doctor of the MCCCD's choosing, at the District’s expense. 

5.  Confidentiality Requirements

   Under the Rehabilitation Act, information obtained in connection with the reasonable accommodation process must be kept confidential.  This means that the existence of an accommodation request, details of the request, whether it has been approved, and information about functional limitations, all must remain confidential.  This includes all medical information that the MCCCD obtains in connection with a request for reasonable accommodation, which must be kept in files separate from the individual's personnel file.  Whether this information is kept in a file drawer or in a computer file, it must be stored so that only the DC or a designated substitute, has access to it.  Any MCCCD employee who obtains or receives such information is strictly bound by these confidentiality requirements.

   The DC may share certain information with an employee's supervisor or other District staff as necessary to make appropriate determinations on a reasonable accommodation request.  When the DC must reveal the name of the individual requesting reasonable accommodation, the DC will inform the recipient about these confidentiality requirements.  But, the information disclosed by the DC will be no more than is necessary to obtain assistance/advice from other MCCCD staff.  In many situations, the DC will not need to reveal the name of the requestor and/or the office in which the requestor works, or even the name of the disability.  As long as the name of the requestor or any other identifying information is not revealed, even if sharing information about functional limitations, confidentiality is maintained.

   In addition to disclosures of information needed to process a request for accommodation, other disclosures of medical information are permitted as follows:

   • supervisors and managers who need to know may be told about necessary restrictions on the work or duties of the employee and about the necessary accommodation(s);
   • first aid and safety personnel may be told if the disability might require emergency treatment or assistance in evacuation;
   • worker's compensation officials may receive medical information in order to process or evaluate claims for this benefit; and,

   • government officials may be given information necessary to investigate the District's compliance with applicable law.

   Any medical documentation that someone other than the DC receives as part of the reasonable accommodation process (for example, a letter from a health care provider to a supervisor), must be sent to the DC to become part of the file on this request.  Only the DC should retain copies of this documentation, and it shall be placed in the confidential medical files, not in the employee's personnel file.

6.  Time Frames for Processing Requests and Providing Reasonable Accommodations

   Generally, the time frame for processing a request, notifying the requester of the outcome, and providing accommodation, if the request is granted is as soon as possible but no later than thirty (30) business days from the date the request is made, absent extenuating circumstances (e.g., lack of awareness by DC, delayed receipt of documents).  This thirty (30)-business day period includes the seven (7)-business day time frame in which the DC must contact the requestor after a request for reasonable accommodation is made. 

   The thirty (30)-business day period for processing of the request begins when an oral or written request for reasonable accommodation is made, and not necessarily when it is received by the DC.  Therefore, everyone involved in processing a request should respond as quickly as possible. 

   If the DC must request medical information or documentation from a requestor's health care provider, the time frame will stop on the day that the DC makes a request to the individual to obtain medical information or sends out a request for information/documentation, and will resume on the day that the information/documentation is received by the DC.

   If the disability is obvious or already known to the DC, if it is clear why reasonable accommodation is needed, and if an accommodation can be provided quickly, then the DC should not require the full thirty (30) business days to process the request.  For example, the following requests ordinarily can be provided in less than thirty (30) business days:

   • An employee with insulin-dependent diabetes who sits in an open area asks for three breaks a day to test blood sugar levels in private.
   • An employee with clinical depression who takes medication which makes it hard to get up in time to get to the office at 9:00 a.m. requests to be allowed to start work at 10:00 a.m. and still work an eight-and-a-half-hour day.
   • A supervisor distributes a detailed agenda at the beginning of each staff meeting.  An employee with a learning disability asks that the agenda be distributed ahead of time because the employee's disability makes it difficult to read quickly and more time is needed to prepare.

   1. Expedited Processing of a Request

      In certain circumstances, a request for reasonable accommodation requires an expedited review and decision in less than thirty (30) business days.  This includes where a reasonable accommodation is needed:

      • to enable an applicant to apply for a job.  Depending on the timetable for receiving applications, conducting interviews, taking tests, and making hiring decisions, the need to expedite a request for reasonable accommodation may arise to ensure that an applicant with a disability has an equal opportunity to apply for a job.

      • to enable an employee to attend a meeting or training scheduled to occur soon.  For example, an employee may need a sign language interpreter for a meeting scheduled to take place in five (5) days.

   2. Extenuating Circumstances

      These are circumstances that could not reasonably have been anticipated or avoided in advance of the request for accommodation, or that are beyond MCCCD's ability to control.  When extenuating circumstances are present, the thirty (30)-business day time frame for processing a request for reasonable accommodation and providing the accommodation will be extended as reasonably necessary to deal with the extenuating circumstance.  The DC must notify the individual of the reason for the delay, including explaining the extenuating circumstance that justifies the delay, and when the DC expects to conclude processing the request.  As discussed below, the DC will also determine if an interim accommodation is possible.

7.  Interim Accommodation

   There are two situations in which the DC must provide an interim accommodation. First, the DC must provide an interim accommodation if the DC has received sufficient information in the interactive process to believe it is reasonably likely that an employee will be entitled to a reasonable accommodation, even while awaiting additional information needed to make a final decision.  For example, the DC may be waiting to receive medical documentation - meaning the interactive process is not completed -- but given the weight of the other information already provided, the DC concludes it is reasonably likely reasonable accommodation will be provided and therefore the DC must provide an interim accommodation.  The requirement to provide an interim accommodation in this situation, however, depends on finding that there is an available interim accommodation (either what the individual has requested or something else) that allows the individual to perform some or all of the essential functions of the position without imposing an undue hardship on the District.  The DC must make clear to the requestor and the supervisor that this is only an interim accommodation until the DC can complete the review and make a final decision.

   Second, if the DC has completed review and determined that the employee is entitled to a reasonable accommodation, but the accommodation cannot be provided immediately, the DC must provide, if feasible, an interim accommodation that allows the employee to perform some or all of the essential functions of the position without imposing an undue hardship on the Commission.  The DC must explain to the requestor why there is a delay in providing the accommodation chosen by the DPM, when the employee can expect to receive that accommodation, and why the DC chose an interim accommodation.

   Finally, a DC may provide an interim accommodation if a supervisor/manager, in forwarding a request for reasonable accommodation to the DPM, tells the DC that an interim accommodation is warranted (either what the employee has requested or something else).  Usually this will involve a situation in which a disability is obvious or likely, the reason given for needing an accommodation seems plausible, and the requested accommodation is easy to provide.  If the DC agrees with this recommendation, the DC will inform the employee of an interim accommodation option during the period of the interactive process while the DC evaluates the request and makes a formal decision. 

   Consideration of an interim accommodation is not meant to slow down the interactive process and the 30-business day time frame will not be lengthened because an interim accommodation is considered.

8.  Resolution of the Reasonable Accommodation Request

   All decisions regarding a request for reasonable accommodation will be communicated to an applicant or employee in writing, as well as orally, when practicable.

   1. If the MCCCD grants a request for accommodation, the DC notify the requestor in writing, and discuss implementation of the accommodation, even if the MCCCD is granting the request without determining whether the requestor has a "disability" and regardless of what type of change or modification is granted.
      • A decision to provide an accommodation other than the one specifically requested is considered a decision to grant an accommodation.  The notification will explain both the reasons for the denial of the individual's specific requested accommodation, if applicable, and why the DC believes that the chosen accommodation will be effective. 

      • If the request is approved but the accommodation cannot be provided immediately, the DC will specify why there is a delay, including any extenuating circumstances that justify the delay, and when MCCCD expects to provide the accommodation(s) granted.  If an accommodation cannot be provided immediately, the DC also will discuss with the employee whether an interim accommodation can be provided.

   2. If the DC denies a request for accommodation, the DC must communicate the denial and clearly explain the specific reasons for the denial.  The DC cannot simply state that a requested accommodation is denied because of "undue hardship" or because it would be "ineffective." 
      • If there is a reason to deny the specific reasonable accommodation requested (e.g., the accommodation poses an undue hardship or is not required by the Rehabilitation Act), the DC will explore with the individual whether another accommodation would be possible.  The fact that one accommodation proves ineffective or would cause undue hardship does not necessarily mean that this would be true of another accommodation.  Similarly, if an employee requests removal of an essential function or some other action that is not required by law, the DC will explore whether there is a reasonable accommodation that will meet the employee's needs.

      • If the DC offers an accommodation other than the one requested, but the alternative accommodation is not accepted, the DC will record the individual's rejection of the alternative accommodation.

9.  Reconsideration Request

   An individual dissatisfied with the resolution of a reasonable accommodation request can ask the DPM to reconsider that decision.  An individual must request reconsideration within 10 business days of receiving written notification of resolution. 

   The DPM has fifteen (15) business days to reconsider the requested accommodation and issue a final decision.

10.  Information Tracking and Reporting

    In order for the MCCCD to ensure compliance with these Procedures and the Rehabilitation Act, the DC will track all accommodations in the manner determined by the DPM.

IV. DISTRIBUTION OF THESE PROCEDURES

Any employee or applicant wanting further information concerning these Procedures or otherwise seeking to request an accommodation may email the DC or the DPM.  These Procedures will be posted on the MCCCD's Intranet and Internet sites, and will be available in the District EEO Office, and the Office of the MCCCD CHRO.  These Procedures will be provided in alternative formats when requested from the DC or DPM by, or on behalf of, any MCCCD employee.

V. REASONABLE ACCOMMODATION RESOURCES

1. Internal Reasonable Accommodation Resources
   The MCCCD has many documents that address the reasonable accommodation obligation required under the Rehabilitation Act, including the Commission's "Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act."  In addition, the following documents may also be helpful:
   • EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act, 
   • Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, 
   • EEOC Efforts For Veterans with Disabilities
2. The EEOC has issued a number of documents that discuss how the ADA addresses various leave issues, including:
   • Employer-Provided Leave and the Americans with Disabilities Act 
   • Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (see "Leave" under "Types of Reasonable Accommodations")
   • Enforcement Guidance on Pregnancy Discrimination and Related Issues (see section II.B., ADA and Reasonable Accommodation)
   • The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964  (see "Comparison of ADA and FMLA Leave" and "ADA Compliance When the FMLA Also Applies")
   • Enforcement Guidance: Workers' Compensation and the ADA  (see "Return to Work Decisions" and "Reasonable Accommodation")
   • The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities  (see "Attendance issues")
   • EEOC documents discussing specific types of disabilities and the most common reasonable accommodations for them; reasonable accommodations for particular types of workplaces (e.g., health care facilities); and leave and telework.  These documents may be found on EEOC’S website. 
   • Job Accommodation Network (JAN) - 1-800-526-7234 (Voice), 1-877-781-9403 (TTY); http://askjan.org is funded by the U.S. Department of Labor's Office of Disability Employment (ODEP) Policy and provides information on the Americans with Disabilities Act (ADA) and a wide range of reasonable accommodations options for many different types of disabilities.

Prohibited Sex Discrimination, Sex-Based Harassment, and Retaliation Procedure (2024)

This appendix applies to:

• All MCCCD colleges and district (excluding Chandler-Gilbert Community College and Rio Salado College) where Title IX discriminatory allegations occurred on or after August 1, 2024. 

See Administrative Regulation 5.1.16 for Chandler-Gilbert Community College, Rio Salado College, and Title IX discriminatory allegations that occurred prior to August 1, 2024.