The Americans with Disability Act (ADA) has a three-part definition of "disability." This definition, based on the definition under the Rehabilitation Act, reflects the specific types of discrimination experienced by people with disabilities. Accordingly, it is not the same as the definition of disability in other laws, such as state workers' compensation laws or other federal or state laws that provide benefits for people with disabilities and disabled veterans.
Under the ADA, an individual with a disability is a person who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
An "individual with a disability" is someone with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability, or is regarded as having a disability.
The Americans with Disabilities Act covers all persons with disabilities in the United States, whether or not they are citizens and without regard to racial or ethnic origin.
Students with disabilities have the right to:
- Full and equal participation in the services and activities of Wayne State University
- Reasonable and effective accommodations, academic adjustments and /or auxiliary aids as determined on a case-by-case basis
- Maintain confidentiality regarding disability information including the right to choose to whom the disclosure of disability is made except as required by law
- Information readily available in accessible formats as long as request deadlines to ensure availability are met
Students with disabilities have the responsibility to:
- Meet Wayne State University's qualifications including essential academic, technical, and institutional standards
- Identify as an individual with a disability and request accommodations in a timely manner and to seek information, counsel and assistance as necessary
- Provide documentation from an appropriate professional source verifying the nature of the disability, functional limitations, and the rationale for specific accommodations being recommended
- Follow specific procedures for obtaining reasonable and appropriate accommodations, academic adjustments, and/or auxiliary aids as outlined by disability services
The University, through faculty and staff, has the right to:
- Maintain the University academic standards, which include establishing essential functions, abilities, skills, knowledge and standards for courses, programs, services, jobs and activities or facilities and to evaluate students on this basis
- Confirm disability status and request and receive current, relevant documentation that supports requests for accommodations, academic adjustments and /or auxiliary aids and services
- Select among equally effective/appropriate accommodations, academic adjustments, and/or auxiliary aids and services
- Have appropriate staff discuss students and the nature of their disabilities given signed consent in order to implement requested accommodations, particularly instructional accommodations
- Deny requests for accommodations, academic adjustments, and/or auxiliary aids when disability documentation does not identify a specific disability, fails to verify the need for the requested services, or is not provided in a timely manner
- Deny requests for accommodations, adjustment, and/or auxiliary aids that are inappropriate or unreasonable based on disability documentation including any that:
- Pose a direct threat to the health and safety of others
- Constitute a substantial change or alteration of an essential course element or program standard
- Pose undue financial or administrative burden on the University