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January 24, 1978

CHANCELLORS
LABORATORY DIRECTORS
VICE PRESIDENT—AGRICULTURE AND UNIVERSITY SERVICES

Dear Colleagues:

Office of the President

On July 25, 1977 you were sent a copy of the University of California Final Policy and Interim Guidelines relating to the new Federal regulations implementing Section 504 of the Rehabilitation Act of 1973. Subpart F of Section 504 was not originally included in our guidelines. This section sets forth requirements relating to the evaluation of Health, Welfare and Other Social Services and Benefits. Subpart F is applicable to those campuses that have hospitals, medical clinics, or other health-related programs. The attached revision of the Final Policy and Interim Guidelines incorporates the requirements of this section of the law. Specifically, changes have been made in the following areas:

Table of Contents

A new section XII. Health, Welfare and Other Social Services and Benefits has been added to the Table of Contents.

Interim University Guidelines, Page 17

A description of the new section XII. Health, Welfare and Other Social Services and Benefits has been incorporated in the guidelines.

Self-Evaluation

Schedule A, page 3: Section 4, Health, Welfare and Other Social Services and Benefits has been added to the Scope of the Self-Evaluation.

Schedule B, page 5 of 6: A page has been added to the Self-Evaluation form to incorporate information concerning XII. Health, Welfare and Other Social Services and Benefits.


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We are asking that the operational cost information we have previously requested to accompany the original Schedule B should also extend to this section on Health, Welfare, and Other Social Services and Benefits.

Assistant Vice President Strong will be glad to respond to questions you or your staffs may have.

Sincerely,
David S. Saxon
President
Attachment
cc: Members, President's Administrative Council
Assistant Vice President Saunders
Assistant Vice President Strong
Special Assistant Powell
Special Assistant Brugger
Senior Administrative Analyst Passovoy
Principal Officers of The Regents

Interim University Guidelines Applying to Nondiscrimination on the Basis of Handicap


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I. Introduction

Section 504 of the Federal Rehabilitation Act of 1973 became effective on June 3, 1977. In general, the regulations provide that as a recipient of Federal financial assistance, the University of California may not discriminate on the basis of handicaps against any qualified handicapped person in any of its programs or activities. The regulations further require that all programs and activities must be made accessible to qualified handicapped persons by August 2, 1977. If structural changes must be made to provide access, a transition plan must be developed by December 3, 1977 satting forth the steps necessary to complete the changes. Changes should be made as soon as reasonably possible, and in no event, later than June 3, 1980.

The Federal regulations also require that the Campuses, the Energy Research and Development Administration Laboratories, the Systemwide Administration, and Cooperative Extension prepare self-evaluations of their programs and activities, and maintain these evaluations for a period of three years.

II. Definitions

A. Handicapped Person

"Handicapped person" means any person who has a physical or mental impairment which substantially limits one or more major life activities, one who has a record of such an impairment, or one who is regarded as having such an impairment.

  1. "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.
    The term also means any mental of psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness; and specific learning disabilities, such as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
    The term includes diseases and conditions such as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; and drug addiction and alcoholism. (Drug addicts and
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    alcoholics should not be prohibited from attending the University solely on the basis of their addition or alcoholism, if there is evidence that they can successfully participate in the education program of the University, if they comply with University policies and campus regulations, and if their behavior does not impede the performance of other students. With regard to employment, drug, addicts and alcoholics should be held to the same standards of performance and behavior as other employees.)
  2. "Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
  3. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. Persons with mental or emotional illness, heart disease, or cancer, or persons who have been misclassed as mentally retarded fall within this category.
  4. "Is regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities, but is treated by the University as limiting such activities; has a physical or mental impairment that substantially limits major life activities as a result of the attitudes of others toward such impairment; or has none of the impairments listed in Section II.A.1., but is treated as having such an impairment, such as persons with a limp or persons with disfiguring scars.

B. Qualified Handicapped Person

  1. With respect to employment, a qualified handicapped person is one who, with reasonable accommodation, can perform the essential functions of the position in question.
  2. With respect to postsecondary education, a qualified handicapped person is one who meets the academic and technical standards requisite to admission or participation in the education programs of the University. The term "technical standards" refers to nonacademic admissions criteria that are essential to participation in such programs.
  3. With respect to other services, a qualified handicapped person is one who meets the essential eligibility requirements for the receipt of such services.

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C. Facility

"Facility" means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property.

III. Discriminatory Actions Prohibited

  • A. In providing any aid, benefit, or service, the University may not take any discriminatory action on the basis of handicap to:
    1. Deny a qualified handicapped person the opportunity to participate in, or benefit from, the services which it provides.
    2. Afford any qualified handicapped person an opportunity to participate in or benefit from any aid, benefits, or services, that are not equal to those afforded to others.
    3. Provide a qualified handicapped person with any aid, benefits, or services, that are not as effective as those provided to others. To be "equally effective" an aid, benefit, or service need not produce an identical result or level of achievement for handicapped and nonhandicapped persons. However, the University must afford handicapped persons with an equal opportunity to obtain the same result or level of achievement in the most integrated setting appropriate to the person's needs.
    4. Provide any different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others. Qualified handicapped persons shall not be denied the opportunity to participate in University programs or activities that are not separate or different, if they can qualify for such programs or activities.
    5. Aid or perpetuate discrimination against a qualified handicapped person by providing any significant assistance to any agency, organization, or person that discriminates on the basis of handicap against beneficiaries of the University's program.
    6. Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards.
    7. Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others.

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  • B. In determining the site or location of a facility, the University may not make selections that have the following effect:
    1. Excluding qualified handicapped persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity it operates.
    2. Defeating or substantially impairing the accomplishment of the objectives of the University's programs or activities with respect to qualified handicapped persons.
  • C. Aid, benefit, or service provided under a program or activity receiving or benefiting from Federal financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased, or rented, or otherwise acquired, in whole or in part, with Federal financial assistance.
  • D. The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or executive order to handicapped persons, or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or executive order to a different class of handicapped persons, is not prohibited.

IV. Voluntary Action

The Campuses, the Laboratories, the Systemwide Administration, and Cooperative Extension, may take voluntary steps, to overcome the effects of conditions that resulted in limited participation by qualified handicapped persons in their programs or activities.

V. Self-Evaluation

  • A. By May 8, 1978, each Campus, each Laboratory, the Systemwide Administration, and Cooperative Extension, should carefully evaluate current policies and practices, with the assistance of interested persons, including qualified handicapped persons or organizations representing handicapped persons, to determine their compatibility with these guidelines. Where such policies or practices are inconsistent with the guidelines, modifications should be made, and appropriate action taken, after consultation with interested persons, including qualified handicapped persons or organizations representing handicapped persons, so the policies or practices will conform to the requirements of these guidelines, and so the effects of any discrimination will be remedied. Whenever possible, changes should be under way well before the May 8, 1978 deadline.
  • B. For at least three years following completion of the evaluation, each unit should maintain on file, make available for public inspection, and provide to the Director of the Department of Health, Education, and Welfare's Office of Civil Rights upon
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    request, a list of the interested persons consulted, a description of areas examined and problems identified, and a description of any modifications made and of any remedial steps taken.
  • C. University procedures to be followed in conducting and completing the self-evaluation are contained in Schedule A of these guidelines.

VI. Designation of Responsible Employee

Each Campus, each Laboratory, the Systemwide Administration, and Cooperative Extension should designate at least one employee to coordinate compliance with the regulations implementing Section 504, including investigation of grievances and handling of inquiries.

VII. Grievance Procedures

The University will adopt grievance procedures to deal with complaints and allegations of noncompliance with the implementing regulations to Section 504 from students and employees. (Supplemental Memoranda on Grievance Procedures, containing information on current policies and an outline of the necessary due process elements, will be mailed under separate cover.)

Grievance procedures need not be established with respect to complaints from applicants for admission to or employment with the University.

VIII.Publication Requirements

A. Content of Publication

The implementing regulations to Section 504 of the Federal Rehabilitation Act of 1973 (45 CFR 84) require that students, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the University of California, be informed that the University does not discriminate on the basis of handicap in violation of Section 504. Initial and continuing steps should be taken to notify these individuals and organizations of the University's compliance with Section 504. The compliance statement should read:

The University of California does not discriminate on the basis of handicap in violation of Section 504 of the Rehabilitation Act of 1973 or the implementing regulations to the Federal Act (45 CFR 84) in admission or access to, or treatment or employment in, the programs and activities which it operates. Inquiries concerning the implementing regulations to the Federal Act may be directed to (name and telephone number).


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The individual named in the compliance statement should be the person designated by the Campus, Laboratory, Systemwide Administration, or Cooperative Extension to coordinate compliance with the regulations implementing Section 504.

B. Frequency of Publication

  1. Initial notification of the University's compliance with Section 504 should be made before September 1, 1977.
  2. The compliance statement also should be included on a continuing basis in all recrutment materials and publications containing general information that are made available to students, beneficiaries, applicants, or employees, either by including appropriate inserts in existing materials and publications, or by revising and reprinting the materials and publications. (See Schedule C for a discussion of the types of recruitment materials requiring the compliance statement.)

C. Medium of Publication

Methods used for initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in official campus publications, and distribution of memoranda or other written communications.

IX. Educational Programs and Activities

A. Admissions and Recruitment

Qualified handicapped persons may not, on the basis of handicap, be denied admission to the University or enrollment in University classes or participation in University programs or activities, or be subjected to discrimination in the admissions process or in recruitment procedures.

  1. Admissions or Enrollment
    • a. Limitations may not be applied upon the number or proportion of handicapped persons who may be admitted or enrolled.
    • b. Tests or criteria for admission may not have a disproportionate, adverse effect on handicapped persons or any class of handicapped persons unless: 1) The tests or criteria have been validated as predictors of success in the education programs or activities in question; and 2) Alternate tests or criteria that have a less disproportionate, adverse effect are not shown to be available by the Director of the Department of Health, Education, and Welfare's Office of Civil Rights.

      Prediction equations may be based on first-year grades, but periodic validity studies should be conducted against the criterion of overall success in the education programs or activities in question, in order to monitor the general validity of the test scores.


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    • c. Before admission tests are selected and administrated, campuses first should be assured that:
      • 1) Admissions tests are selected and administered so as best to ensure that when a test is administered to an applicant who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's aptitude or achievement level, or whatever other factor the test purports to measure, rather than reflecting the applicant's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure);
      • 2) Admissions tests that are designed for persons with impaired sensory, manual, or speaking skills are offered as often and in as timely a manner as are other admissions tests; and
      • 3) Admissions tests are administered in facilities that, on the whole, are accessible to handicapped persons. In this context, "on the whole" does not mean that all facilities must be accessible, only that a sufficient number must be available to handicapped persons.
    • d. Preadmission inquiries as to whether applicants for admission are handicapped persons may not be made, except for purposes of recruitment. Postadmission inquiries may be made on a confidential basis as to handicaps that may require accommodation.
  2. Recruitment
    When voluntary action is taken to overcome the effects of conditions that resulted in limited participation in certain programs or activities, pursuant to Section IV of these guidelines, campuses may invite applicants for admission or enrollment to indicate whether and to what extent they are handicapped, provided that:
    • a. It is clearly stated on any written questionnaire used for this purpose, or that it is made clear orally if no written questionnaire is used, that the information requested is intended for use solely in connection with voluntary action efforts; and

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    • b. It is clearly stated that the information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with the implementing regulations to Section 504.

B. Treatment of Students and Participants in University Programs or Activities

  1. Qualified handicapped students or participants in University programs or activities may not, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular activity, or other educational programs or activities offered by the University.
    Nondiscriminatory health services and insurance plans should be provided to qualified handicapped students. However, student health centers need not provide specialized services and aids; for example, if a center treats only simple disorders, such as cuts, bruises, and colds, its obligation to handicapped students is only to treat those same disorders.
  2. Campuses that consider participation by students in education programs or activities not wholly operated by them (for example, in connection with student teaching assignments) as part of, or equivalent to, an education program or activity they operate, should assure themselves that the other education program or activity, as a whole, provides an equal opportunity for the participation of qualified handicapped persons. Campuses may continue to work with elementary or secondary school systems that discriminate only if their student teaching programs, when viewed in their entirety, offer handicapped student teachers the same range and quality of choice in assignments offered to nonhandicapped student teachers.
  3. Qualified handicapped students or participants in University programs or activities may not, on the basis of handicap, be excluded from any course, course of study, or other program or activity.
  4. All programs and activities should be conducted in the most integrated setting appropriate. Thus, if a campus offers several elementary physics classes, and one such class is moved to the first floor of the science building to accommodate students in wheelchairs, it would be a violation of this requirement to also concentrate handicapped students with no mobility impairments in this class.

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C. Academic Adjustment

  1. Academic Requirements
    Academic requirements should be modified, as necessary, to ensure that they do not discriminate or have the effect of discriminating, on the basis of handicap, against qualified handicapped applicants or students. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of the requirements, and adaptation of the manner in which specific courses are conducted. For example, a campus may permit an otherwise qualified handicapped student who is deaf to substitute a music history class for a required course in music appreciation, or the campus could modify the manner in which the music appreciation course is conducted for the deaf student.
    Academic requirements that are essential to programs of instruction or to any directly related licensing requirement are not regarded as discriminatory.
  2. Course Examinations
    In course examinations or other procedures for evaluating students' academic achievement, methods should be provided for evaluating the achievement of students who have a handicap that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represent the students' achievement in the course, rather than reflecting the students' impaired sensory, manual, or speaking skills (except where such skills are the factors the test purports to measure).
  3. Auxiliary Aids
    • a. Steps should be taken, as necessary, to ensure that no qualified handicapped student or participant in a University program or activity is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.
      In meeting this requirement, campuses may assist qualified handicapped students or participants in University programs or activities in contacting existing resources, such as State Vocational Rehabilitation agencies and private charitable organizations, to obtain auxiliary aids. Also other students may be asked to work with handicapped students, or private agencies that tape texts for the handicapped free of charge may be contacted in order to reduce the number of readers needed for visually impaired students.
      As long as no qualified handicapped person is excluded from a program because of the lack of an appropriate aid, such aids need not be on hand at all times. Thus, readers need not be available in the library at all times, so long as the schedule of times when a reader is available is established, is adhered to, and is sufficient.

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    • b. Auxiliary aids include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar aids.
      Attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature need not be provided.
      Any prohibition against the use of tape recorders or braillers in classrooms, or guide dogs in campus buildings, or other rules that have the effect of limiting the participation of qualified handicapped students in education programs or activities, may not be adopted.
      Handicapped students or participants in University programs or activities may be required to sign an agreement that they will not release tape recordings or transcriptions of lectures, or otherwise hinder the ability of a professor to obtain a copyright.

D. Housing

  1. On-Campus Housing
    Because the University provides on-campus housing for nonhandicapped students, comparable, convenient, and accessible on-campus housing should be provided at the same cost to qualified handicapped students.
    If structural changes to facilities are necessary to provide accessibility, they should be made as expeditiously as possible, and in no event later than June 3, 1980. By that time, housing for handicapped students should be available in sufficient quantity and variety so the scope of their choice of living accommodations will, as a whole, be comparable to that of nonhandicapped students. This should not be interpreted to mean that all handicapped students must wait until the structural changes are made before being provided with on-campus housing. For example, blind persons can live in any college housing, and need not wait for the changes to be completed.

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  3. Off-Campus Housing
    With regard to housing that is not provided by the University, but is listed by the Housing Offices, each campus should assure itself that such housing is, as a whole, made available in a manner that does not result in discrimination on the basis of handicap. If a campus determines that off-campus housing is, as a whole, not available to handicapped students, efforts should be made to generate new sources of housing.

E. Financial Aid

  • 1. In providing financial assistance to qualified handicapped students, the University may not, on the basis of handicap, provide less assistance to those students than is provided to nonhandicapped students, may not limit their eligibility for assistance, or may not otherwise discriminate against them. The University also may not assist any entity or person that provides financial assistance to any students in a manner that discriminates against qualified handicapped students on the basis of handicap.
  • 2. The University may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that require awards to be made on the basis of factors that discriminate or have the effect of discriminating on the basis of handicap, only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of handicap.
  • 3. Athletic scholarships may be denied to handicapped students on the basis of handicap, if the handicap renders the person unable to qualify for the award. For example, a student who has a neurological disorder may be denied a varsity football scholarship on the basis of the student's inability to play football. However, a deaf person could not, on the basis of handicap, be denied a scholarship for the diving team; the deaf person could only be denied the scholarship on the basis of comparative diving ability.

F. Student Employment

The Campuses, Laboratories, Systemwide Administration, and Cooperative Extension may not employ University students in a manner that would violate Section X of these guidelines.

When assisting outside agencies, organizations, or persons in providing employment opportunities for University students, campuses should assure themselves that such opportunities, as a whole, are available in a manner that would not violate Section X of these guidelines, if the employment opportunites were provided by the University.


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G. Physical Education, Athletics, and Similar Activities

In providing physical education courses and athletics, and similar programs and activities, campuses may not discriminate on the basis of handicap. Qualified handicapped students or participants in University programs or activities should be provided with an equal opportunity to participate in physical education courses, intercollegiate, club, and intramural athletics or other similar activities. For example, a student in a wheelchair should not be denied the opportunity to enroll in a regular archery course, nor should a deaf student be excluded from participating in a wrestling course.

Handicapped students who cannot participate in regularly offered physical education courses or who cannot compete in athletic programs may be offered physical education and athletic activities that are separate or different, if the programs and activities are operated in the most integrated setting appropriate.

H. Counseling and Placement Services

Personal, academic, or career counseling, guidance, and placement services should be provided without discrimination on the basis of handicap.

Campuses should ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are nonhandicapped students with similar interests and abilities. This does not preclude providing factual information about licensing and certification requirements that may present obstacles to handicapped persons in their pursuit of particular careers.

I. Social Organizations

Before providing any significant assistance to fraternities, sororities, or similar organizations, campuses should assure themselves that these organizations do not permit discrimination that is otherwise prohibited by these guidelines.

X. Employment Practices

A. General

The University may not discriminate against any qualified handicapped person, on the basis of handicap, in employment under any program or activity. Decisions regarding employment should be made in a manner which ensures an absence of bias based on handicap, and in a way which does not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunities or status because of handicap.


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University employment actions and decisions to which these rules apply include:

  1. Recruitment, advertising, and processing applications for employment;
  2. Hiring, upgrading, promotion, awards of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
  3. Rates of pay or any other form of compensation and changes in compensation;
  4. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;
  5. Leaves of absence, sick leave, or any other leave;
  6. Fringe benefits available by virtue of employment, whether or not administered by the University;
  7. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training.
  8. Employer-sponsored activities, including social or recreational programs; and
  9. Any other term, condition, or privilege of employment.

B. Contractual or Other Relationships

The University may not participate in any contractual or other relationship (including those with employment or referral agencies, unions, organizations providing or administering fringe benefits to employees, or organizations providing training or apprenticeship programs) that has the effect of subjecting qualified handicapped applicants or employees to bias prohibited by these guidelines.

C. Reasonable Accommodation

The University shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped employee or applicant for employment, unless the University can demonstrate that the accommodation would impose an undue hardship on the operation of a program.

Factors to be considered in determining whether or not an accommodation would impose an "undue hardship" include: (a) the overall size of the program with respect to numbers of employees, number or type of facilities, and size of budget; (b) the type of the University's operation, including the composition and structure of the workforce, and (c) the nature and cost of the accommodation


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needed. (The weight given to each of these factors in making "undue hardship" determinations will vary depending on the facts of a particular situation. Thus, a small day-care center might not be required to expend more than a nominal sum, such as that necessary to equip a telephone for use by a secretary with impaired hearing, but a large school district might be required to make available a teacher's aid to a blind applicant for a teaching job.)

Employment opportunities may not be denied to qualified handicapped applicants, if the basis of the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.

D. Employment Criteria

  1. University employment tests or other selection criteria that screen out, or tend to screen out, handicapped persons or classes of handicapped persons, may not be used unless:
    • a. The test score or criteria used are shown to be job related for the position in question, and
    • b. Alternative job-related tests or criteria that do not screen out handicapped persons are not shown to be available by the Director of the Department of Health, Education, and Welfare's Office of Civil Rights.

      Once it is shown that an employment test substantially limits the opportunities of handicapped persons, the University must show the test to be job related.

  2. University employment tests should be selected and administered to ensure that results accurately reflect an applicant's or employee's job skills or aptitudes, or whatever other factors the test purports to measure, rather than any impaired sensory, manual, or speaking skills, except where those skills are the factors the test purports to measure. (A person with a speech impediment may be well qualified for jobs that do not, or need not, with reasonable accommodation require ability to speak clearly. Yet, if given an oral test, the person will be unable to perform in a satisfactory manner. The test results will not, therefore, predict job performance, but instead will reflect impaired speech.)

E. Pre-Employment Inquiries

  1. Pre-employment inquiries may be made concerning an applicant's ability to perform job-related functions. However, the University may not conduct a pre-employment medical examination or make pre-employment inquiries of an applicant regarding
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    that person's handicap (or the nature or severity of the handicap) unless the University is:
    • a. Taking remedial action to correct the effects of past discrimination;
    • b. Taking voluntary action to overcome the effects of conditions that resulted in limited participation by qualified handicapped persons in the employment programs or activities of the University; or
    • c. Taking affirmative action pursuant to Section 503 of the Rehabilitation Act of 1973, as amended.
    In these three cases, it should be stated clearly (in writing on written questionnaires) that the information is being requested on a voluntary basis, that it will be kept confidential, that a refusal to provide it shall not subject the applicant or employee to adverse treatment, and that the information is intended for use solely in connection with remedial action obligations or voluntary or affirmative action efforts.
  2. The University may condition an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty, provided all entering employees are subjected to such an examination regardless of handicap and provided that the results of such an examination are used in accordance with these guidelines.
  3. Information obtained on the medical condition or history of applicants shall be collected and maintained on separate forms and shall be accorded confidentiality as medical records, except that:
    • a. Supervisors and managers may be informed of restrictions on the work or duties of handicapped persons and of necessary accommodations.
    • b. First aid and safety personnel may be informed, as appropriate, if the condition might require an emergency treatment.
    • c. Government officials investigating compliance shall be provided with relevant information on request.

XI. Program Accessibility

A. General

No qualified handicapped person should be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any of the University's programs or activities because University facilities are inaccessible to, or unusable by, handicapped persons.


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B. Existing Facilities

Each program or activity should be operated so that, when viewed in its entirety, it is readily accessible to handicapped persons. This requirement does not mean that each facility, or every part of each facility must be accessible to and usable by handicapped persons. Accessibility may be achieved through means such as:

  1. Redesign of equipment.
  2. Reassignment of classes or other services to accessible buildings.
  3. Assignment of aides to beneficiaries.
  4. Home visits.
  5. Delivery of health, welfare, or other social services at alternate accessible sites.
  6. Alteration of existing facilities. Structural changes in existing facilities are not required where other methods are effective in achieving program accessibility. Regarding the mathods selected, priority should be given to those that offer programs and activities to handicapped persons in the most integrated setting appropriate.
    If sufficient relocation of classes is not possible using existing facilities, alterations to ensure program accessibility should be made. Handicapped students may not be excluded from a specifically requested course offering because it is not offered in an accessible location, but every section of that course need not be made accessible.
    Programs should be made accessible by August 2, 1977, through such means as the redesign of equipment or reassignment of classes or other services, except where structural changes in facilities are necessary; the necessary structural changes in facilities should be made as expeditiously as possible and in no event later than June 3, 1980.

C. Transition Plan

A transition plan should be developed and submitted to Vice President Kleingartner by December 3, 1977 for changes in facilities that are necessary to achieve program accessibility. This plan should set forth the steps necessary to complete the changes and should be developed with the assistance of interested persons, including handicapped persons and organizations representing handicapped persons. The transition plan, which should be made available for public inspection, should at a minimum:

  1. Identify physical obstacles in facilities that limit accessibility;

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  3. Describe in detail methods that will be used to make facilities accessible;
  4. Specify the schedule for taking the steps necessary to achieve full program accessibility, with steps that will be taken during each year of the transition period identified clearly;
  5. Be prepared in sufficient detail so that the preparation of Project Planning Guides and time-phased capital improvement programs can be based on their content; and
  6. Appoint the Chancellor or his designee as the person responsible for implementation of the plan.

Projects should be planned in accordance with the "University of California Minimum Requirements for Providing Access to Buildings and Other Facilities by the Physically Handicapped Persons" and in accordance with applicable Federal and State codes, available from the Assistant Vice President—Physical Planning, Construction, and Operations.

Neither a totally barrier-free environment nor the removal of all architectural barriers in existing facilities is required. The removal of barriers should be implemented as the need to achieve accessibility for the qualified handicapped requires.

D. New Construction

Facilities, or parts of facilities, constructed by, on behalf of, or for the use of the University shall be designed and constructed so that the facilities, and parts thereof, are readily accessible to and usable by handicapped persons. New construction should be planned in accordance with the "University of California Minimum Requirements for Providing Access to Buildings and Other Facilities by the Physically Handicapped Persons" and applicable Federal and State laws.

Facilities, or parts thereof, which are altered by, on behalf of, or for the use of the University in a manner that affects, or could affect, usability by handicapped persons should, to the maximum extent possible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by handicapped persons. (This requirement is in compliance with the technical requirements of the State of California Administrative Code and the Office of the State Architect. The State Administrative Code includes all technical requirements of Section 504 and additional standards.)


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Schedule A
Federally Required Self-Evaluation

Schedule A will serve as the University's instrument for evaluating current policies, programs, practices, and procedures and their effects, pursuant to the requirements in Section 504 of the Rehabilitation Act of 1973 and the Department of Health, Education, and Welfare's regulations implementing the Federal Act.

The Self-Evaluation Check List (Schedule B) is designed as a comprehensive examination of what is happening on the Campuses, at the Laboratories, in the Systemwide Administration, and at Cooperative Extension to ensure equality of opportunity and nondiscrimination in all programs and activities covered by the Federal regulations. It is designed to reduce the burden of complying with the regulations as much as possible; however, there is no way to avoid making a substantial effort.

The Self-Evaluation Check List should be completed and returned to Vice President Kleingartner, 750 University Hall, no later than May 8, 1978. Each item on the list that is checked "possible problem" should be thoroughly reviewed and analyzed, and a written narrative response should be provided describing the current policy, practice, or procedure and the specific action that will be taken to overcome the problem.

Questions concerning the Educational Programs and Activities section of the Interim University Guidelines Applying to Nondiscrimination on the Basis of Handicap, should be directed to Rosalie Passovoy, 141 University Hall, Berkeley, (415) 642-1708.

Questions relating to the Program Accessibility section of the Intarim Guidelines should be directed to Ted Saunders, 7 University Hall, Berkeley, (415) 642-1255.

Questions about the Employment Practices section and questions of a general nature should be directed to Walter Strong, 192 University Hall, Berkeley, (415) 642-1317.

Self-Evaluation

I. Purpose

The purpose of this Federally required self-evaluation is to provide uniform understanding of the Section 504 regulations as they apply to the University. It is also designed to ensure that all policies, practices, and procedures adhered to by the University are evaluated at the operational level by the Campuses, Laboratories, Systemwide Administration, and Cooperative Extension. If it is determined that any policies, practices, or procedures are inconsistent with the Federal regulations, the Campuses, the Laboratories, the Systemwide


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Administration, and Cooperative Extension should be prepared to correct the inconsistencies by May 8, 1978 (unless structural changes are necessary), according to the method described in Section III.B.

II. Self-Evaluation Requirements

The self-evaluation process should include:

  • A. An evaluation of current policies and practices, with the assistance of interested persons, including handicapped persons or their representatives;
  • B. The modification, after consultation with interested persons, including handicapped persons or their representatives, of any policies or practices that are inconsistent with the Interim University Guidelines; and
  • C. The initiation, after consultation with interested persons, including handicapped persons or their representatives, of appropriate steps to eliminate the effects of any past discrimination that resulted from present policies or practices.

III. Scope and Method for Self-Evaluation

  • A. Scope
    1. Educational Programs and Activities
      • a. Admission and Recruitment
      • b. Treatment of Students and Participants in University Programs or Activities
      • c. Academic Adjustments
      • d. Housing
      • e. Financial Aid
      • f. Student Employment
      • g. Physical Education, Athletics, and Similar Activities
      • h. Counseling and Placement Services
      • i. Social Organizations
    2. Employment Practices
      • a. General
      • b. Contractual or Other Relationships
      • c. Reasonable Accommodation
      • d. Employment Criteria

    3. 3
    4. Program Accessibility
      • a. General
      • b. Existing Facilities
      • c. Transition Plan
      • d. New Construction
    5. Health, Welfare and Other Social Services and Benefits
      • a. General
      • b. Notice
      • c. Emergency Treatment for the Hearing Impaired
      • d. Auxiliary Aids
      • e. Drug and Alcohol Addicts
      • f. Education of Institutionalized Persons
  • B. Method
    The following steps must be taken with respect to each of the categories listed in Section III.A.:
    1. Indicate on the Self-Evaluation Check List (Schedule B) the following:
      • a. Whether the numbered paragraph is relevant or not relevant.
      • b. For each relevant paragraph, whethar there is full compliance at present, or whether a possible problem has been identified.
      • The section numbers on the Check List correspond to section numbers in the Interim University Guidelines Applying to Nondiscrimination on the Basis of Handicap.
    2. Prepare, for any paragraph that is checked "possible problem" on the Self-Evaluation Check List, a narrative response which describes in full any practices, policies, or procedures that appear to be inconsistent with Interim University Guidelines. The narrative also should describe the specific action(s) to be taken to correct any practices, policies, or procedures which may be inconsistent with the Guidelines. The completed Check Lists, indicating actions to be taken, are to be forwarded to Vice President Kleingartner no later than May 8, 1978.
    3. 3. Develop and begin implementing plans for modifications of the problems that have been identified.