Student Rights and Responsibilities

• Self-Identifying for Services:  
  • Students are responsible for applying to DSP. This includes bringing in any relevant documentation and completing the DSP intake Process to develop an Academic Accommodation Plan (AAP).  
• Student Conduct:
  • Students are expected to follow the Student Code of Conduct established by the college. Students are expected to show the proper respect for faculty, staff, and other students. Rudeness, name-calling, and obscene language or gestures will not be tolerated.
  • Students must demonstrate disability-related appropriate adaptive behavior (Title 5 Regulations, Section 56004).
• Requesting DSP Services Independently and Utilizing DSP Services Responsibly:  
  • Students are responsible for requesting services each semester by emailing their AAP to their instructors and contacting DSP to arrange any specific services they are requesting for that semester. Please see DSP website for instructions on how to request services. See DSP for any questions.  
  • Students receiving coordinated services (e.g., interpreting, captioning, test assistance, etc.) must notify the Disabilities Support Program of their absence prior to the time these special services are scheduled. Three failures to do so may result in the suspension of these coordinated services.
• Additional Responsibilities
  • Students are to assume personal responsibility for taking any medications.
  • The individual student and/or other non-college agencies shall be responsible for the provision of personal care attendant. Disabilities Support Program staff will not provide this service (Title 5 Regulations, Section 56000-d). Personal Care Attendants must complete the District Volunteer Packet to enter the classroom. See DSP for any questions. 

• Student Rights 
  • Evergreen Valley College (EVC) is committed to maintaining an equitable environment that provides students with disabilities full access to the institution’s educational programs, services, facilities, and activities. In our continuing efforts to meet this commitment, we call upon EVC staff to abide by federal laws, which guarantee students with disabilities the ability to participate in all aspects of EVC offerings that will allow them to maximize their full academic potential. 
• Federal Laws Pertaining to Students with Disabilities 
  • The Americans with Disabilities Act of 1990 is a federal mandate which prohibits discrimination on the basis of disability in any entity receiving federal funds. Title II of the ADA requires state and local government entities to adhere to accessibility standards in facilities and services offered; community colleges fall within Title II of the ADA. Individuals with disabilities are guaranteed an equal opportunity to benefit from state and local programs on the basis of equitable services. 
  • Section 504 of the Rehabilitation Act is a civil rights law that prohibits discrimination of individuals with disabilities in any program receiving federal funding.   Section 508 of the Rehabilitation Act of 1973 was an addendum passed in 1998, requires entities to make electronic and information technology accessible to people with disabilities. 
  • Organizations must comply with sections 508 and 504 of the Rehabilitation Act of 1973. Many provisions of these statutes overlap, but it is important to learn more about and understand the Differences between 504 and 508    
  • Title 5 under the California Code of Regulations for California Community College assists college personnel in administering DSP services to students with disabilities and outlines legal and fiscal responsibilities the DSP department must follow. Title 5 deems appropriate academic adjustments, auxiliary aids, and instructional services provided to students with disabilities.   
• Complaint Process  
  • Active DSP students can process a complaint if they are dissatisfied with the implementation of an approved academic accommodation or auxiliary aide; if an accommodation that aligns with disability verification is denied; or if they have encountered discrimination based on their disability status. 
  • Informal Resolution Complaint 
    • DSP encourages students to reach out to the DSP Coordinator or DSP counselor to informally remedy the situation if the student is dissatisfied with an interaction outside DSP college personnel (e.g., instructors, college staff). Many times, the DSP coordinator can act as a liaison between students and the institution and can solve concerns. 
    • DSP encourages students to reach out to the DSP Coordinator, Alyssa Larios, if the student is dissatisfied with an interaction with DSP staff, or an unapproved academic accommodation. 
    • An informal complaint may be advanced to the Director of Student Services & Wellness if a mutually satisfactory resolution is not agreed upon between the student and DSP. 
  • Formal Resolution Complaint 
    • If a student would like to file a formal complaint about their concerns a Student Complaint Form can be officially submitted to EVC. Please visit EVC Student Complaint Procedures to complete the process of filing a formal complaint. 
  • Students also have the right to file a grievance with the Office of Civil Rights (OCR) if no mutual satisfactory agreement can be agreed upon. OCR will convene with an open investigation on services provided. 

Title IX prohibits discrimination on the basis of sex — including pregnancy, parenting and all related conditions — in education and in programs and activities that receive federal funding. If you are a pregnant or parenting student, you have the right to stay in school so you can meet your education and career goals. Below are some frequently asked questions from students in postsecondary schools regarding their Title IX rights & how DSP can accommodate your need. 

Does the College need to provide me with special academic services or accommodations?
Title IX requires the college provide pregnant students with any special services we provide to students with any other type of temporary disability. Please contact the DSP located in the Student Services building for more information.

Do I have to register with DSP in order to get an accommodation?
DSP may provide academic accommodations for students with temporary or unexpected conditions that limit their ability to fully participate in academic programming without having accommodations. Some examples of temporary conditions that may require accommodations include:

• Pregnant students experiencing pregnancy-related functional limitations (pregnant students not experiencing pregnancy-related functional limitations can seek pregnancy accommodations through the campus Title IX Office SC-205.

Does a student need to register with DSP in order to bring a Service Animal to campus?
No.  While it is recommended that students meet with DSP to receive information about the use of a Service dog on campus, this is not required under the current laws.

Are service dogs allowed on campus and in classrooms?
Yes. Service dogs are allowed on campus and in classrooms.

When it is not obvious what service the dog provides, what may we ask of the person?

College personnel may ask only two questions:

Is the service dog required because of a disability?

What work or task has the dog been trained to perform?

College personnel cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

May an individual be asked about the nature of their disability?
No. It is illegal to ask a person to disclose what their disability is or the reason they have a service dog.

What is considered work or tasks that the dog performs?
The work or tasks performed by a service dog must be active, not passive, and directly related to the disability.  A few examples of such work include:

• Guiding people who are blind
• Alerting people who are deaf to the presence of people or sounds
• Reminding a person to take prescribed medication
• Alerting and protecting a person who is having a seizure
• Pulling a wheelchair
• Alerting a person when blood glucose levels are low
• Retrieving items such as medicine, keys or a phone.
• Providing physical support and assistance with balance and stability to individuals with mobility disabilities.
• Helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

What if the “work or task” described is passive?

Passive activities such as the crime deterrent effects of an animal’s presence, the provision of emotional support, well‐being, comfort, or companionship do not constitute work or tasks. Such animals may be deemed ‘Therapy Dogs’ or “Emotional Support Animals” and would require an Academic Accommodation authorized by DSP. Please refer the student to DSP for further guidance.

Are animals other than dogs recognized as service animals?
No. Under the law only dogs (or in some instances, miniature horses) are recognized as service animals.

What if another student or instructor is allergic or afraid of dogs?
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. It may be possible to accommodate by requesting that the fearful or allergic students use different locations within the classroom or take a different section of the course.

Can the service dog be removed from the classroom or campus?
A person with a disability cannot be asked to remove his service animal from the premises unless:

• It is not controlled;
• It is not housebroken; and/or
• It is a threat to the health and safety of others
• If any of the above three concerns exist, the service dog (not the student) may be removed from the classroom or campus location. The student should be referred to DSP for further guidance. Faculty may contact DSP directly if support is needed.

THE STUDENT IS RESPONSIBLE FOR:
Keeping the dog clean and pest free; in a harness or on a leash unless either the student is unable because of a disability to use a harness or leash, or the use of a harness or leash would interfere with the service animal’s performance of work or tasks; and any harm or injury caused by the animal to other students, staff, visitors, and/or property.

Here is a quick easy guide on Service Dogs 101 from Birmingham-Southern College's Sociology of Therapy and Service Dogs class