Home > Newsletters > Fall 2005 > Leveling the Playing Field

By the Office of the Vice President and General Counsel

Although Section 504 of the Rehabilitation Act is over 30 years old, and the Americans with Disabilities Act (ADA) is over 15 years old,  these disability laws continue to create some confusion in the higher education community regarding students' -- and a university's -- rights, responsibilities and obligations.  Faculty members may be unsure of how they should respond to requests from students who may be in need of academic accommodations as a result of a claimed disability, such as for extra time on examinations, assistance from another student in the class to take notes, permission to tape lectures for later study, and the like.  One consequence of this uncertainty is that qualified students may receive the wrong or incomplete accommodations, and students who may not be qualified individuals with a disability and therefore not entitled to academic accommodations may still receive them simply by representing themselves to a faculty member as entitled to assistance under the ADA. 

Rest assured: the disability laws do not require faculty to make such medical and legal judgments when faced by these requests. More important, faculty should not make such judgments and provide academic accommodations based solely on a student's claim that such accommodations are required due to an asserted disability.

We are fortunate at GW to have a very strong Disability Support Services Office (DSS).  That office's function is to determine: (i) whether the student is entitled to the protections of the ADA due to the presence of an impairment that substantially limits a major life function; (ii) whether the student is otherwise qualified to participate in the course or University activity; and (iii) through an interactive process with the student, and in consultation with the faculty member, whether there is a reasonable accommodation that will allow the student to meet the essential requirements of the course and/or to participate in the activity.  Each of these determinations requires extensive knowledge of the student's medical condition and the law, and DSS consults with the Office of Vice President and General Counsel as necessary. It is important, then, that faculty direct all students seeking assistance based on a disability to DSS, so that we can best ensure that students entitled to a reasonable accommodation receive one, and to minimize the possibility that students are not treated as being disabled when that student, in fact, has no disability for purposes of the ADA. Additionally, there are special rules regarding maintenance and disclosure of confidential documentation and information relating to requests for accommodations under the disability laws, and DSS is the office where such records are maintained.

If a student approaches you and requests special treatment or accommodation based on a disability, ask if they are "registered" with DSS.  If the student is not registered with DSS, you should not provide any special accommodation unless and until these arrangements are authorized by DSS.  Students who are already registered with DSS will likely have in place pre-approved plans to meet their needs and will be able to provide you with written verification of their support needs.  Understand, however, that there is no obligation by the student to disclose the exact nature of her/his disability to you.

Students are not required to disclose their disabilities if they do not want any special accommodations.  However, if a student is eligible for extended time on exams, for example, but chooses not to exercise this option, and her/his grade suffers accordingly, there is no legal obligation to accommodate the student retroactively.  Further, a student may choose not to use an accommodation approved by DSS in a specific class.  Even so, the faculty member will be aware of the situation allowing the student to feel more comfortable seeking accommodations later in the semester should the need arise. DSS has a sample disability statement on its web site that faculty should include on their syllabi to encourage early self-disclosure.

The purpose of the disability laws is to level the playing field -- not to lessen the academic standards that all students are expected to meet.  DSS will work with faculty members to address any specific concerns they have about requested accommodations.  It is expected that faculty will cooperate in providing the agreed-upon accommodations to students with documented disabilities, and will not provide "extra" assistance without the prior approval of DSS.   More information about this topic is available on the DSS website and DSS staff is standing ready to assist you and your students with any disability related questions you may have.