Americans with Disabilities Act Compliance Policy
Each person who has met the academic and technical standards for admission to or participation in university programs, and applicants for employment and employees shall receive the accommodations needed to ensure equal access to educational opportunities, programs and activities.
It is the policy of Black Hills State University, in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, to ensure that no qualified person shall, solely by reason of disability, be denied access to, participation in, or the benefits of any program or activity operated by Black Hills State University, including employment practices.
Any employee who is found to be in violation of this policy will face disciplinary action up to and including the possibility of termination of employment.
The ADA Employment Coordinator for Black Hills State University is the Director of Human Resources. Any employment issue regarding ADA compliance may be brought to the ADA Employment Coordinator for resolution in accordance with the procedures contained herein. The Disability Services Liaison serves as the ADA Academic Coordinator. Any academic issues regarding ADA compliance in the classroom should be brought to the ADA Academic Coordinator for resolution.
Black Hills State University, in conjunction with the Board of Regents and the State of South Dakota, will take reasonable steps to ensure that:
- Applicants are able to make application and take pre-employment tests even if accommodation is needed;
- Applicants are not discriminated against on the basis of a disability and hiring practices and interview techniques are consistent with the intent of the ADA;
- Where reasonable, accommodation is made for qualified applicants with disabilities who are offered a position with the University;
- Employee retention and promotion decisions will not be based on any real or perceived disability; and
- No other benefits or rights of employment will be denied otherwise qualified individuals with disabilities.
The Director of Human Resources will work with employees with disabilities to coordinate reasonable accommodations based on individual needs.
Employees or applicants who feel they have been wrongly discriminated against on the basis of a real or perceived disability must seek redress in accordance with Board of Regents policy 1:18 - Human Rights Complaint Procedures.
Black Hills State University has prepared a transition plan for all its physical facilities which makes a good faith effort to identify all physical barriers to access and makes necessary plans for removal. In preparing the Facilities Transition Plan, each building was surveyed, input was gained, and a Final Facilities Transition Plan was prepared.
The Facilities Transition Plan:
- Makes a good faith effort to identify all physical barriers and their impact on the programs and services offered by the University;
- Provides a plan for the barrier removal if necessary; and
- Provides an interim plan for circumventing the barrier prior to the complete removal of the barrier.
In those instances where barrier removal is readily achievable, the barrier will be removed.
Individuals who identify a physical barrier to a program or service offered at BHSU and who want some action taken to eliminate the barrier may make a written request to the Coordinator describing the barrier and requesting its removal. Faculty and staff may route their request through the Employment Coordinator, and student requests may be routed through the ADA Academic Coordinator.
Educational Programs and Services
It is our mission to provide the comprehensive support necessary in meeting the individual needs of students with disabilities. Specific resources in regard to Services, accommodation planning, Faculty Guide, helpful links, and the process itself can be found on the Disability Services web site.
Students who feel they have been wrongly discriminated against on the basis of a real or perceived disability must seek redress in accordance with Board of Regents policy 1:18 - Human Rights Complaint Procedures.
Essential functions - the basic job duties that an employee must be able to perform, with or without reasonable accommodation.
Qualified individual with a disability - a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation.
Reasonable accommodation - any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.
Regarding participation in university programs, accommodations are steps taken to help remove, whenever reasonable, barriers to participation in the educational experience presented by an individual's disability. Determination and responsibility for provision (including financial) of a reasonable accommodation are considered on an individual basis through interactive collaboration between the student, Disability Services Coordinator, faculty, and administration when necessary.