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Policy and Guidance

504/ADA Compliance Statement

ASU-Beebe is committed to creating accessible learning environments for all students.  Reasonable accommodations will be made in policies, practices, services, and facilities to ensure equal opportunity for qualified persons with disabilities to participate in all educational programs and activities. The Coordinator of Disability Services has been designated as Arkansas State University- Beebe's Coordinator of Services to individuals with disabilities and is the college's compliance coordinator for Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) and the ADA amendment act of 2008. The Coordinator of Disability Services is also the individual to whom concerns about physical access to facilities should be addressed.

 

Disability Services Handbooks

The Disability Services handbooks were created to answer common questions regarding the services available to students with disabilities at the college. It is our intent that the information provided is comprehensive and addresses your needs. Should you have a concern that is not covered in this handbook, please feel free to contact the office for further assistance.

Students should be familiar with information in this handbook in order to keep accommodations working smoothly and understand how to request assistance when needed.

Click on this link to open the Disability Services Student Handbook (PDF)

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ADA/504 College Grievance Policy

Arkansas State University-Beebe is fully committed to ensuring that no otherwise qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in college programs or activities due to their disability. Accessibility and resources are provided in compliance with all requirements of the Americans with Disabilities Act of 1990 (ADA) and as amended in 2008 and the Rehabilitation Act of 1973 (Section 504).

Arkansas State University-Beebe is fully committed to ensuring that no otherwise qualified individual with a disability is excluded from participation in, denied the benefits of, or subjected to discrimination in college programs or activities due to their disability. Accessibility and resources are provided in compliance with all requirements of the Americans with Disabilities Act of 1990 (ADA) and as amended in 2008 and the Rehabilitation Act of 1973 (Section 504).

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Any student who believes that he or she has been subjected to discrimination on the basis of disability, or has been denied access or accommodations required by law, shall have the right to file a grievance. In general, this grievance procedure is designed to address the following types of concerns:

  1. Alleged inaccessibility of a college program or activity
  2. Disagreements or denials regarding requested services or accommodations to college practices or requirements
  3. Failure to provide approved accommodations registered with the Office of Disability Services
  4. Alleged harassment or discrimination on the basis of a disability
  5. Any other alleged violations of the ADA and/or Section 504.

This Grievance Procedure, however, is not intended and shall not supersede other college policies and procedures that may exist for addressing alleged violations of the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act or other issues of concern for which separate college policies and procedures exist, including, for example, grade appeals or student conduct appeals.

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Regardless of the specific grievance procedure used by a student, all grievances must be filed within 30 business days of the activating event subject in the student’s complaint(s). Each grievance shall be reviewed for (1) whether it is submitted within a timely manner and (2) whether it contains all required information. Grievances which are untimely or fails to contain all required information, including a clear statement of all grounds for the grievance will not be reviewed by the college. Once submitted, a grievance shall not be expanded beyond the issues presented in the initial complaint in order to facilitate a clear and prompt resolution. The college reserves the right to redirect a grievance to the proper grievance procedure or to any other appropriate review procedure at initial review.

With respect to any grievance covered under this policy and as a prerequisite to initiating one of the formal grievance procedures described in sections below, a student shall first attempt to resolve his or her complaint informally by meeting with the Office of Disability Services.  The Office of Disability Services will assist the person to work on a resolution to their complaint, and may engage all parties involved in the concern.  If the grievance is not resolved informally, then the student shall follow the appropriate formal grievance procedure detailed below.

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Academic Accommodation/Service Grievance

An otherwise qualified student with a disability, as defined by the ADA and the Rehabilitation Act, shall have the right to request that the Office of Disability Services review the denial or failure of use of an approved academic accommodation or service by fully complying with the procedures detailed below.

Office of Disability Services Grievance

Any student who believes he or she has been wrongly denied certification of a disability for services and/or denied an academic accommodation request by the Office of Disability Services shall have the right to request the Vice Chancellor of Student Services review the denial of use of requested academic accommodation or service by fully complying with the procedures detailed below.

Formal 504/ADA Grievance Procedures

  1. The Student shall fully complete the 504/ADA Grievance Form within 30 business days following the date of the denial/failure of the requested academic accommodation or service. The Grievance Form is available and completed online. Upon receiving a grievance form, an acknowledgment of receipt is emailed to the student. A timely grievance form will not be considered to have been filed unless it includes all of the required information. The student is solely responsible to supply all required information in the grievance form.
  2. The student’s completed grievance form must clearly state:
    1. The basis and rationale for the complaint
    2. The specific facts and/or policies supporting the student’s position
    3. A description of the efforts to informally resolve the complaint
    4. Names, addresses, and phone numbers of witnesses to the alleged violation
    5. The remedy and resolution desired by the student
    6. All other information required on the form

    A student will find the grievance form on the ASU-Beebe, Disability Services Webpages. A paper copy may be requested at the Office of Disability Services, alternative format is available as requested.

  3. The receiving party of the grievance form will review all information necessary to render a written determination. If other information is needed, the student shall supply additional information and/or documents as requested. The receiving party will issue a written Letter of Determination on the student's grievance within 30 business days after receiving the student's completed grievance form, or as soon as possible thereafter, to the student and to the individual against whom the complaint has been filed against in the grievance form. Further, the receiving party shall take any steps necessary to implement the decision, including, but not limited to, providing a copy of the Letter of Determination to appropriate college officials.
  4. If both parties accept the Letter of Determination written by the Office of Disability on the student’s academic accommodation grievance, they will sign a statement to that effect and the grievance process ends. The Letter of Determination written by the Vice Chancellor of Student Services on the student’s grievance against the Office of Disability Services shall be final and no additional college appeals shall be available.
  5. The Vice Chancellor of Student Services shall retain the written records of the process for all grievances for five calendar years.
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Within ten (10) business days following the receipt of the Letter of Determination to the Grievance Response by the Office of Disability Services, if either party disagrees with the response, the disagreeing party may submit a written appeal to the Vice Chancellor of Student Services. The letter of appeal shall be in writing and must including the following information:

  1. The name, address, e-mail address and phone number of the individual filing the appeal
  2. The specific facts and grounds which form the basis for the appeal, including the specific basis of the individual’s disagreement with the Letter of Determination Response from Office of Disability Services
  3. All other information the individual reasonably believes is relevant to the appeal.
  1. Upon receiving the individual’s letter of appeal, a copy of the original Grievance Form, the Letter of Determination, and all other records or documents forming the basis of the Letter of Determination, the Vice Chancellor of Student Services shall send the individual a notice of acknowledgment of receipt of appeal.
  2. The Vice Chancellor of Student Services shall review the entire written record and may also gather additional information necessary to the consideration of the individual’s appeal. The Vice Chancellor of Student Services will issue a written Letter of Determination on the student's appeal within 30 business days after receiving it, or as soon as possible thereafter. The Vice Chancellor of Student Services shall provide the individual with a copy of the Letter of Determination and take any steps necessary to implement the decision, including, but not limited to, providing a copy of the Letter of Determination to appropriate college officials.
  3. The decision of the Vice Chancellor of Student Services shall be final and no additional college appeals shall be available.
  4. During the Grievance Process, the student will be entitled to receive the academic accommodations/services offered, if any, by the college. The college recognizes the importance that the student's concerns be addressed promptly so that his or her participation in the course or activity is not affected.
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For purposes of calculating all time periods set forth in this Grievance Procedure, official college holidays and breaks set forth in the College’s academic calendar (such as Thanksgiving break, Christmas break, and spring break) or dates the college officially closes (such as for inclement weather) shall be excluded in determining the time period for taking any required action. Moreover, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of any time period provided in the Grievance Procedure shall be included, unless it is a Saturday or Sunday, and in such an event, the next business day shall be counted in the time period.

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A student filing a grievance shall have the right to review all records maintained in the grievance file or relied upon by any decision-maker, unless any such review is prohibited by Federal or state law. Upon a student’s request, the college shall establish a mutually acceptable time and location for the student to review the requested records.

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Retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory education practice or policy is prohibited by college policy and federal and state law.

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Although students are encouraged to attempt to resolve complaints pertaining to disabilities by utilizing this Grievance Procedure, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR) (Dallas regional office). Information regarding applicable timelines and procedures is available from OCR.

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This ADA/504 Grievance Policy shall be effective on 07/01/2021. The college reserves the right to amend its Grievance Procedures.

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You will be required to be signed into your ASU-Beebe email. If you need the form in alternative format, please contact the Office of Disability Services at disabilityoffice@asub.edu.

Click on this link to open the ADA/504 Grievance Form (Microsoft Office Form Link)

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Animal Policy and Guidance

Students bringing a Service Animal or Emotional Support Animal to Arkansas State University-Beebe should be familiar with the Policy on Animals, as it includes information about the differences between Service Animal and Emotional Support Animal, responsibilities of the student, when/where Emotional Support Animals are allowed, and more. 

The college requests that students and visitors to reach out to the Office of Disability Service to ensure that their experience bringing an animal to campus is smooth.

It is the policy of Arkansas State University-Beebe that service animals are generally welcome on all campuses, facilities and programs, when the animal is accompanied by an individual with a disability who indicates the service animal is trained, and provides a specific service to them that is directly related to their disability.

Students with disabilities who wish to bring a service animal to ASUB are covered by the ADA, and thus may bring their service animal anywhere at ASUB that the student goes (with a few safety exceptions, handled on a case-by-case basis).

A service animal (as defined by the ADA) means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The provision of emotional support, well-being, comfort, or companionship of an animal's presence do not constitute work or tasks for the purposes of this definition.

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Examples of animals that fit the ADA’s definition of service animal, who have been specifically trained to perform a task for the disabled person:

  • Guide Dog or Seeing Eye® Dog is a carefully trained dog that serves as a travel tool for persons who have severe visual impairments or are blind.
  • Hearing or Signal Dog is a dog that has been trained to alert a person who has a significant hearing loss or is deaf when a sound occurs, such as a knock on the door.
  • Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects. Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches, or turning on lights for persons with Post Traumatic Stress Disorder, interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger.
  • SSigDOG (sensory signal dogs or social signal dog) is a dog trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping).
  • Seizure Response Dog is a dog trained to assist a person with a seizure disorder. How the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure or the dog may go for help. A few dogs have learned to predict a seizure and warn the person in advance to sit down or move to a safe place.

Under the ADA, service animals are limited to dogs. However, entities must make reasonable modifications in policies to allow individuals with disabilities to use miniature horses if they have been individually trained to do work or perform tasks for individuals with disabilities.

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  1. The service animal must be vaccinated and licensed as required by state law and/or local ordinance
  2. Service animal must be restrained on a leash at all times, unless for specific circumstances, at which time must be responsive to voice commands
  3. The service animal should be under the full control of the student, and always in close proximity to the student
  4. To the extent possible, the service animal should be unobtrusive to other students and the learning environment; uncontrolled barking, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal
  5. Student must manage the animal’s need to urinate and defecate by taking the animal to an appropriate area; feces must be cleaned immediately and disposed of properly (not the responsibility of ASU-Beebe)

Failure to meet these responsibilities may result in the handler and animal being asked to leave class and/or event. Student must meet with staff in the Office of Disability Services before returning to class.

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College personnel may ask an individual with a disability to remove a service animal from the premises if:

  • The animal is out of control and the animal’s handler does not take effective action to control;
  • The animal is not housebroken.

A service animal shall be under the control of its handler. The service animal should not lick or kiss others. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe control, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control. For example, voice control, signals, or other effective means. College staff and employees are not responsible for any aspects of caring for a service animal.

Staff may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. To the contrary, staff will not make these inquiries about a service animal when it is apparent that an animal is trained to do work or perform tasks for an individual with a disability. For example, when the dog is observed guiding an individual who is blind or who has low vision.

Any student with a disability who is planning extended use of a service animal in Residence Life (campus housing) should contact Office of Disability Services.

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While Emotional Support Animals (sometimes called Comfort Animals or Therapy Animals) are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA and are not allowed on the ASUB campuses. These ESAs provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. ESAs provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional, and/or cognitive functioning.

ESAs are not service animals under the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a student has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an ESA into a service animal.

ESAs that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the Fair Housing Act. Students who would like to request an ESA in the college residence halls must go through the accommodation process with the Office of Disability Services. Students may not bring an ESA into the Residence Halls until approval has been issued through the Office of Disability Services. 

Each ESA request will be evaluated on a case-by-case basis as outlined in this policy, considering the individual request and the rules of the College Community.

A person qualifies for a reasonable accommodation if:

  1. The person has a documented disability and is registered with ASU-Beebe;
  2. The animal is necessary to afford the person with a disability an equal opportunity to use and enjoy the residence halls; and
  3. There is an identifiable relationship between the disability and the assistance the animal provides.

Emotional Support Animals that have been approved as a reasonable accommodation through the Office of Disability Services must be aware of their rights and responsibilities to their accommodation use of ESA.

ASU-Beebe will not permit emotional support animals if they would pose a direct threat to the health or safety of others, would cause substantial physical damage to the property of others, would pose an undue financial and administrative burden, or would fundamentally alter the nature of the provider’s operations. For example, if a roommate has asthma, allergies or fear of the animal, it is not reasonable for the animal to live in that particular room. Efforts would be made to find an alternative housing arrangement for the owner of the emotional support animal, but it would be dependent on the time of the notification for the need for the animal and the availability of housing.

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Pet

A “Pet” is an animal kept for ordinary use and companionship. A pet is not considered a Service Animal or an Emotional Support Animal. It is not covered by these guidelines. Residents are not permitted to keep pets on university property or in university housing.

Approved Animal

An “Approved Animal” is an Emotional Support Animal that has been granted as a reasonable accommodation under these guidelines.

Owner

The “Owner” is the student or other covered person who has requested the accommodation and has received approval to bring the “approved animal” on campus.

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Requests for an Emotional Support Animal in student housing require completed ESA Documentation to be submitted before review. Students must obtain the ESA Documentation form from the Office of Disability Services to have completed by their treating psychologist, counselor, therapist, or social worker. 

A letter from the prospective resident student explaining the need for the animal, the type of animal, a description of the animal, and the date(s) of the medical diagnosis and prescription for such an animal, and the date the animal was acquired is required along with completion of the ESA Disability Documentation form.

If the office of Disability Services determines that a qualifying disability exists, it shall arrange a meeting with a student housing representative and the person requesting an ESA in student housing. These guidelines will be carefully reviewed with the owner at that meeting.

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If an Emotional Support Animal request is granted, the student housing officials will make a reasonable effort to notify members of the residence hall living in close proximity to the animal. This notice will be limited only to information regarding the presence in the building as an accommodation to a student with a disability. There will be no disclosure of the student’s disability or the specific reason the animal is required. The number of people provided notice of the animal will depend on the type of animal and on the type of housing the student is living in each academic year.

Individuals who have medical issues and are adversely affected by animals (e.g. respiratory diseases, asthma, severe allergies) are asked to contact the office of Disability Services and/or the student housing if they are concerned about exposure to an ESA. The person may be required to provide verifiable medical documentation to support such claim. Reasonable accommodation may be made to consider the needs of both persons to resolve the problem as efficiently and effectively as possible.

The office of Disability Services and student housing will collaborate, as needed, to help resolve any conflicts related to an ESA and health concerns. All staff members will consider the needs and/or the appropriate accommodations of all residents involved.

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  1. The owner of the ESA must comply with state and local requirements regarding vaccination, licensure, leash control, cleanup rules, and animal health. The city of Beebe requires dogs to have a current license obtained from Beebe Animal Control. Vicious dogs including Pit Bull dogs are not permitted in the City of Beebe.
  2. The ESA Owner agrees to abide by all other residential policies. An exception to the animal policy made under this ESA Policy does not constitute an exception to any other College policy.
  3. The owner must is responsible for making sure the approved animal does not disrupt the residential community.
  4. The approved animal will remain in the ESA owner’s assigned room and is not permitted in other student rooms or the common areas of the residential facilities, and other areas of the College such as classrooms, academic buildings, administrative buildings, the library, or the Student Center.
  5. Approved animals brought on campus must be under the control of the ESA owner at all times (i.e. leash, harness, crate). The ESA owner is solely responsible for the animal’s well-being, care and cleaning, including but not limited to regular feeding, bathing, grooming, daily care and veterinary services.
  6. Approved animals may not be left unattended overnight in the residential facilities to be cared for by another student. Approved animals must be taken with the owner if they leave campus for a prolonged period.
  7. When approved animals are left unattended in the owner’s room, they are required to be stored in a crate, carrier or kennel. This containment will allow ASU-Beebe officials to routinely access the residential facilities for maintenance and other routine tasks without posing risk to the animal or employees.
  8. Dogs as ESAs must be “house broken” and cats as ESAs must be litter box trained. Other smaller animals (i.e. gerbils, rabbits, guinea pigs etc.) must be caged and may not be left loose in the student’s room.
  9. Fecal matter deposited on College grounds or within the facilities need to be removed immediately and disposed of properly. Fecal matter shall be sealed in a plastic bag and placed in a dumpster. If animal waste is inside the building, the owner must properly remove the waste, and properly sanitize the affected area. The owner is to arrange for immediate removal of waste matter if unable to perform the task personally.
  10. Approved animals must be taken out of the building by way of the shortest and most direct path, and must be maintained under standard restraints such as a carrier and/or collar when outdoors, in public areas, or in transit and must be confined to the residence when not in transit.
  11. The ESA owner’s residence may be inspected for fleas, ticks, pests, and/or damage to the residential facilities once a semester or as needed. If fleas, ticks, or other pests are detected through inspection, the residence hall will be treated using approved fumigation methods by a College-approved pest control service. The ESA owner will be billed for the expense of any necessary pest control treatment.
  12. The College may remove or require the removal of the ESA that poses a threat to the health or safety to others on campus, disrupts the educational environment of the College and/or residential community, or if the owner does not comply with these guidelines. It is the responsibility of the ESA owner to ensure the approved animal does not interfere with the quality of life of other residents on campus. This includes noise violations (e.g. barking or other disruptive noise).
  13. The owner will be financially responsible for expenses incurred above a standard cleaning or for repairs to the residential premises, including losses, liability, claims, and harm to others caused by the ESA.
  14. The owner will hold the College harmless in the event the approved animal goes missing. College staff is not responsible for the retrieval of the approved animal in the event the animal escapes or becomes lost.
  15. The owner must notify the Office of Disability Services in writing if the ESA is no longer needed as an ESA or is no longer in the residential facilities. To replace a previously approved ESA, the owner must complete any registration and other related forms to the Office of Disability Services.
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The owner of an emotional support animal may be required to remove the animal from College facilities if the owner or animal fails to comply with these guidelines. The following describes behaviors which may result in the removal of the animal:

  1. Disruptive Behavior: An animal may be removed if its behavior is unruly or disruptive (e.g. barking, jumping on people, growling, running around, and exhibiting aggressive behavior).
  2. Uncleanliness: Animals are required to be housebroken. Owners must also ensure that their animals are kept clean and well-groomed. Animals that are excessively unclean (e.g. repeated soiling of facilities, flea-infested, foul-smelling and/or shedding excessively) may be excluded from University facilities.
  3. Damage to property: The owner is financially responsible for any property damage. The owner’s responsibility covers but is not limited to replacement of furniture, carpet, window, wall covering, and the like. The owner is expected to cover these costs at the time of repair and/or move-out.
  4. Failure to comply with state or local requirements. State and local requirements include vaccination, licensure, leash control, cleanup rules, and animal health.
  5. The determination that an ESA must be removed from student housing will be made by the Dean of Students. This decision may be appealed to the Vice Chancellor for Student Services in writing within five (5) school days of the decision. After reviewing the appeal, the Vice Chancellor for Student Services will notify the owner in writing. The decision of the Vice Chancellor for Student Services shall be final.
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Office of Disability Services Contact Information

Phone: 501.882.8863 

Email: disabilityoffice@asub.edu

 

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