20.00 Policy on Nondiscrimination
The University is committed to a policy against legally impermissible, arbitrary, or unreasonable discriminatory practices. All groups operating under the authority of The Regents, including administration, faculty, student governments, University-owned residence halls, and programs sponsored by the University or any campus, are governed by this policy of nondiscrimination. The intent of the University's policy on nondiscrimination is to reflect fully the spirit of the law. In carrying out this Policy, the University also shall be sensitive to the existence of past and continuing societal discrimination. (See also Appendix C [Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters]; Section 140.00; Section 150.00; and Section 160.00.)
140.00 Guidelines Applying to Nondiscrimination on the Basis of Disability
140.00 - Introduction
In compliance with the Federal Rehabilitation Act of 1973, as amended (Public Law 93-112) and the Americans with Disabilities Act of 1990 (Public Law 101-336), University of California policy prohibits unlawful discrimination on the basis of disability in its programs, services, and activities.
The following Guidelines are designed to be consistent with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. However, it is possible that these statutes may be amended in the future and, in such instances, the most current applicable laws shall represent University policy as it applies to nondiscrimination on the basis of disability.
141.00 - Definitions
141.10 - Individual with a Disability
An "individual with a disability" means any person who has a physical or mental impairment which substantially limits one or more major life activities, who has a record of such an impairment, or who is regarded as having such an impairment.
"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; respiratory (including speech organs); cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.
"Physical or mental impairment" also means any mental or psychological disorder, such as mental retardation or developmental disabilities, organic brain syndrome or acquired brain injury, emotional or mental illness, and specific learning disabilities. Physical and mental impairment also includes, but is not limited to, contagious and noncontagious 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; HIV disease (whether symptomatic or asymptomatic) and tuberculosis.
"Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
"Has a record of such impairment" means has a history of, or has been incorrectly classified as having, a mental or physical impairment that substantially limits one or more major life activities.
"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 an impairment; or has none of the impairments listed in Section 141.12, but is treated as having such an impairment, such as persons with a limp or persons with disfiguring scars.
An "individual with a disability" does not include a person who is currently engaging in the illegal use of drugs. However, an individual who is currently participating in, or who has successfully completed, a supervised drug rehabilitation program and is not currently engaging in the illegal use of drugs, or who is otherwise no longer engaging in such use, shall be considered an individual with a disability if the individual otherwise fits the definition of a disabled person as described in Sections 141.00 through 141.15 of these Guidelines.
Individuals with drug or alcohol addictions who are not currently engaging in the illegal use of drugs, or who are no longer engaging in drug or alcohol abuse as described in Section 141.16 above, should not be prohibited from attending the University if they can successfully participate in the education program of the University, if they comply with University policies and campus/laboratory regulations, and if their behavior does not impede the performance of other students.
141.20 - Qualified Individual with a Disability
With respect to students who are employed by the University, a qualified individual with a disability is one who, with or without reasonable accommodation, can perform the essential functions of the position in question and who meets the definition of an individual with a disability, as specified in Sections 141.00 through 141.16 of these Guidelines.
With respect to postsecondary education, an otherwise qualified individual with a disability is one who meets the academic and technical standards requisite for admission or participation in the education programs of the University and who meets the definition of an individual with a disability, as specified in Sections 141.00 through 141.16 of these Guidelines.
The term "technical standards" refers to nonacademic admissions criteria that are applicable to such programs.
With respect to other services, a qualified individual with a disability is one who meets the eligibility requirements for the receipt of such services and who meets the definition of an individual with a disability, as specified in Sections 141.00 through 141.16 of these Guidelines.
141.30 - Facility
"Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock and other conveyances (e.g., buses, shuttles, vans), roads, walks, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located.
142.00 - Discrimination Prohibited
In providing any aid, benefit, or service, the University may not, directly or through contractual, licensing, or other arrangements, discriminate on the basis of disability to:
a. Deny a qualified individual with a disability the opportunity to participate in, or benefit from, any aid, benefit, or service which it provides;
b. Provide any qualified individual with a disability an opportunity to participate in, or benefit from, any aid, benefits, or services that are not equal to those afforded to individuals who do not have disabilities;
c. Provide a qualified individual with a disability with any aid, benefits, or services that are not as effective as those provided to individuals who do not have disabilities. To be "equally effective," an aid, benefit, or service need not produce an identical result or level of achievement for individuals with disabilities and individuals without disabilities. However, the University must afford individuals with disabilities an equal opportunity to obtain the same result or level of achievement in the most integrated setting appropriate to the individual's needs and to encourage, as appropriate, interaction among all users, including individuals with disabilities;
d. Provide any different or separate aid, benefits, or services to individuals with disabilities or to any class of individuals with disabilities unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to individuals who are not disabled;
e. Aid or perpetuate discrimination against a qualified individual with a disability by providing any significant assistance to any agency, organization, or person that discriminates on the basis of disability against beneficiaries of the University's programs;
f. Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; or
g. Otherwise limit a qualified individual with a disability in the enjoyment of any University right, privilege, advantage or opportunity enjoyed by individuals who are not disabled.
In determining the site or location of a facility, the University may not make selections that have the following effect:
a. Excluding qualified individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program, service, or activity it operates; or
b. Defeating or substantially impairing the accomplishment of the objectives of the University's programs, services, or activities with respect to qualified individuals with disabilities.
The exclusion of individuals who do not have disabilities from the benefits of a program limited by statute or executive order to individuals with disabilities, or the exclusion of a specific class of individuals with disabilities from a program limited by statute or executive order to a different class of individuals with disabilities, is not prohibited.
143.00 - Educational Programs, Services, and Activities
143.10 - Admissions, Enrollment, and Recruitment
Qualified individuals with disabilities may not, on the basis of disability, be denied admission to the University or enrollment in University classes or participation in University programs, services, or activities, or be subjected to discrimination in the admissions process or in recruitment procedures.
143.12 - Admissions or Enrollment
a. Limitations may not be applied upon the number or proportion of individuals with disabilities who may be admitted or enrolled.
b. Tests or criteria for admission may not have a disproportionate, adverse effect on individuals with disabilities or any class of such individuals unless:
1. The tests or criteria have been validated as predictors of success in the education programs, services, or activities in question; and
2. Alternate tests or criteria that have a less disproportionate, adverse effect, and which are acceptable to the University, are not shown to be available by the appropriate Federal agency.
c. Before admission tests are selected and administered, campuses should be assured that:
1. Admissions tests are selected and administered to ensure that when a test is administered to an applicant who has a disability 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 when those skills are the factors that the test purports to measure;
2.Admissions tests that are designed for persons with disabilities 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 individuals with disabilities. In this context, "on the whole" does not mean that all facilities must be accessible, only that a sufficient number must be available to individuals with disabilities.
d. Pre-admission inquiries as to whether applicants for admission are individuals with disabilities may not be made, except for the purpose of recruitment, as discussed in Section 143.13 of these Guidelines. Post-admission inquiries may be made on a confidential basis regarding disabilities that may require accommodation.
143.13 - Recruitment
When voluntary action is taken to overcome the effects of conditions that resulted in limited participation in certain programs, services, or activities, pursuant to Section 147.00 of these Guidelines, campuses may invite applicants for admission or enrollment to indicate whether and to what extent they are disabled, provided that:
a. It is clearly communicated that the information requested is for use solely in connection with voluntary action efforts; and
b. It is clearly communicated 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 of applicable laws and executive orders.
143.20 - Treatment of Students and Participants in University Programs, Services, or Activities
Qualified students with disabilities or participants with disabilities in University programs, services, or activities may not, on the basis of disability, 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 program, service, or activity offered by the University.
Health services and insurance plans should be provided to qualified students with disabilities on the same basis as for students without disabilities generally. 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 students with disabilities is to treat only those same disorders.
Campuses that consider participation by students in education programs, services, or activities not wholly operated by them as part of, or equivalent to, an education program, service, or activity they operate, should assure themselves that the other education program, service, or activity, as a whole, provides an equal opportunity for the participation of qualified individuals with disabilities. For example, in connection with student teaching assignments, campuses may work with elementary or secondary school systems only if their student teaching programs, when viewed in their entirety, offer student teachers with disabilities the same range and quality of choice in assignments offered to student teachers without disabilities.
All programs, services, and activities should be conducted in the most integrated setting appropriate to a disabled individual's needs and to encourage, as appropriate, interaction among all users, including individuals with disabilities. For example, 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 who use wheelchairs, it would be a violation of this requirement to also concentrate students with disabilities but who are not mobility impaired in this class.
143.30 - Academic Adjustments
143.31 - Modification of Academic Requirements
Academic requirements should be modified, as necessary and appropriate, to ensure that they do not discriminate or have the effect of discriminating, on the basis of disability, against qualified applicants or students with disabilities. As appropriate, modifications may include changes in the length of time permitted for the completion of degree requirements, substitution or waiver 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 student who is deaf to substitute a music history class for a required class in music appreciation, or the campus could modify the manner in which the music appreciation course is conducted for the student who is deaf.
Academic requirements that are determined by the Academic Senate to be essential to programs of instruction or for any directly related licensing requirement are not regarded as discriminatory.
143.32 - Course Examinations
In course examinations or other procedures for evaluating students' academic achievement, methods should be provided, as appropriate, for evaluating the achievement of students who have a disability that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represent students' achievement in the course, rather than reflecting students' impaired sensory, manual, or speaking skills, except when such skills are among the factors the test purports to measure.
143.33 - Auxiliary Support Services and Devices
a. Steps should be taken, as appropriate, to ensure that no qualified student or participant with a disability in a University program, service, or activity is denied the benefits of, is excluded from participation in, or is otherwise subjected to discrimination because of the absence of educational auxiliary support services and devices.
In meeting this requirement, campuses may assist qualified students or participants with disabilities in University programs, services, or activities in contacting existing resources, such as State vocational rehabilitation agencies and private charitable organizations, to obtain auxiliary support services and devices. Also, other students may be asked to work with students with disabilities, or private agencies that tape texts for individuals with disabilities free of charge may be contacted in order to reduce the number of readers needed for students with visual impairments and students with learning disabilities. Typically, it is still the University's obligation to provide appropriate educational auxiliary support services and devices should public and private agencies be unable to provide such services or devices. As appropriate, the provision of auxiliary support services and devices to students with disabilities may be provided by the University during the period in which outside help is solicited or in lieu of such outside help.
As long as no qualified person with a disability is excluded from a program because of the lack of appropriate auxiliary support services or devices, such support services and devices need not be on hand at all times.
b. Educational auxiliary support services and devices include, but are not limited to, taped texts, interpreters, notetakers, or other effective methods of making orally delivered materials available to, for example, students with hearing impairments or learning disabilities; readers for students with visual impairments; classroom equipment adapted for use by students with manual impairments; or other aids for students with disabilities.
Attendants, individually prescribed devices, readers for personal use, 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 dog guides and service dogs in campus buildings, or other rules that have the effect of limiting the participation of qualified students with disabilities in educational programs, services, or activities, may not be adopted.
Students or participants with disabilities in University programs, services, 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.
143.34 - Responsibility for Academic Adjustments
Section 10.00 of these Policies specifies that each member of the University community shares the responsibility of maintaining conditions conducive to the achievement of the University's mission of research, teaching, and public service. Thus, in attempting to provide any type of academic adjustment, faculty, disability-management staff, and students with disabilities should work in concert to formulate accommodations that meet the individual educational needs of qualified students with disabilities while maintaining the academic integrity of the program, service, or activity to be modified.
Moreover, it is essential that during this consultative process students be given an opportunity to express their preferred choice for disability accommodations and that this choice be given careful consideration, unless an equally effective accommodation can be provided, or that the use of the student's choice would result in a fundamental alteration of the academic program, service, or activity, or would result in an undue financial and administrative burden.
143.35 - Student-Specific Obligations in the Provision of Academic Adjustments
In providing any type of academic adjustment, including, but not limited to, modification of academic requirements, course examinations, or support services and devices, the University may require that: 1) students with disabilities provide reasonable advance notice of requests for, changes to, or cancellation of, academic adjustments; 2) students with disabilities provide sufficient and timely verification of their disability and documentation of their disability-related academic adjustment needs; and 3) students with disabilities comply with campus rules regulating requests for, and the proper use of, auxiliary support services or devices.
143.36 - Campus Disability Accommodation and Mediation Procedures
Campuses are encouraged to develop written procedures for: 1) the provision of academic accommodations to students with disabilities; and 2) resolving disagreements regarding the provision of academic adjustments to students with disabilities.
143.40 - Housing
143.41 - On-Campus Housing
The University provides on-campus housing for non-disabled students and shall provide comparable, convenient, and accessible on-campus housing at the same cost to students with disabilities. Housing for students with disabilities should be made available in sufficient quantity and variety so the scope of their choice of living accommodations will, when viewed in its entirety, be comparable to that of students who are not disabled.
143.42 - Off-Campus Housing
With regard to housing that is not provided by the University, but is listed by the campus, each campus shall assure itself that such housing, when viewed in its entirety, is made available in a manner that does not result in discrimination on the basis of disability. If a campus determines that off-campus housing, when viewed in its entirety, is not available to students with disabilities, efforts should be made to generate new sources of housing.
143.50 - Financial Aid
In providing financial assistance to qualified students with disabilities, the University may not, on the basis of disability, provide less assistance to those students than is provided to non-disabled 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 student in a manner that discriminates against qualified students with disabilities on the basis of disability.
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 disability, only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of disability.
Athletic scholarships may be denied to students with disabilities on the basis of disability, if the disability renders the person unable to qualify physically for the award. For example, a student who has lost the use of his legs may be denied a varsity football scholarship on the basis of the student's inability to play football. However, a student who has a hearing-impairment could not, on the basis of disability, be denied a scholarship for the diving team; the student with a hearing-impairment could only be denied the scholarship on the basis of comparative diving ability.
143.60 - Student Employment
Each campus, each Laboratory, the Office of the President, and the Division of Agriculture and Natural Resources may not employ University students in a manner that would violate Section 144.00 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 144.00 of these Guidelines.
143.70 - Physical Education, Athletics, and Similar Activities
In providing physical education courses and athletics, and similar programs, services, and activities, campuses may not discriminate on the basis of disability. Qualified students or participants with disabilities in University programs, services, or activities should be provided with an equal opportunity to participate in physical education courses, intercollegiate, club, and intramural athletics or similar activities whether as part of the required curriculum or as an extracurricular activity. For example, a student who uses a wheelchair should not be denied the opportunity to enroll in a regular archery course, nor should a student who has a speech impairment be excluded from participating in a wrestling course.
Students with disabilities who cannot participate in regularly offered physical education courses or who cannot compete in athletic programs may be offered separate physical education and athletic activities designed to accommodate students with disabilities. However, students with disabilities must be offered the opportunity to participate in regular physical education or athletic activities, in the most integrated setting possible, even if separate physical education or athletic programs for students with disabilities are offered.
143.80 - Counseling and Placement Services
Personal, academic, or career counseling, guidance, and placement services should be provided without discrimination on the basis of disability. Campuses should ensure that qualified students with disabilities are not counseled toward more restrictive career objectives than are non-disabled students with similar interests and abilities. This does not preclude providing factual information about licensing and certification requirements that may present obstacles to individuals with disabilities in their pursuit of particular careers.
143.90 - Social Organizations
Before providing any significant assistance, such as financial support, use of University facilities, or official University recognition or affiliation, including, but not limited to, fraternities, sororities, or similar organizations, campuses shall assure themselves that these organizations do not permit discrimination that is otherwise prohibited by these Guidelines.
144.00 - Employment Practices
The University may not discriminate against any qualified individual with a disability, on the basis of disability, in employment under any program, service, or activity, including any program, service, or activity that employs students with disabilities. Information concerning the University's employment policies as they apply to individuals with disabilities may be obtained from campus personnel offices or ADA/Section 504 Compliance Officers.
145.00 - Program Accessibility
No qualified individual with a disability shall be denied, on the basis of that disability, the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any of the University's programs, services, or activities because University facilities are inaccessible to, or unusable by, individuals with disabilities. The University must make its programs, services, and activities accessible to and usable by any qualified individual with a disability, unless doing so would result in a fundamental alteration to the nature of its programs, services, and activities, or would result in undue financial and administrative burdens.
145.10 - Existing Facilities
Each program, service, or activity shall be operated so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, except where to do so would result in a fundamental alteration in the nature of the program, service, or activity or in undue financial and administrative burdens. This requirement does not mean that each facility, or every part of each facility must be accessible to and usable by individuals with disabilities. Accessibility may be achieved through other means such as:
a. Redesign of equipment;
b. Reassignment of classes or other services to accessible buildings;
c. Assignment of aides to beneficiaries;
d. Home visits;
e. Delivery of health, welfare, or other social services at alternate accessible sites;
f. Use of accessible rolling stock or other conveyances (e.g., buses, shuttles, vans); or Alteration of existing facilities, including changes, additions, or modifications in construction or occupancy.
g. Alterations of existing facilities will be implemented only when administrative solutions are either not feasible or not preferable and when there is no other way to make a program accessible. Neither a totally barrier-free environment, nor the removal of all architectural barriers in existing facilities is required. Regarding the methods selected, priority should be given to those that offer programs, services, and activities to individuals with disabilities in the most integrated setting appropriate to the individual's needs and to encourage, as appropriate, interaction among all users, including individuals with disabilities.
If sufficient relocation of classes is not possible using existing facilities, alterations to ensure program accessibility should be made. Students with disabilities 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.
Buildings leased by the University are not necessarily required to meet accessibility standards because they are not owned by the University. However, such buildings are subject to the program accessibility requirements stated above. If a leased building is altered, such alterations shall be constructed in compliance with applicable Federal and State accessibility standards.
145.20 - New Construction
145.21 - New Facilities
All new facilities constructed by, on behalf of, or for the use of the University shall be designed and constructed so that the facilities are readily accessible to and usable by individuals with disabilities. New construction shall be planned and constructed according to all applicable Federal accessibility regulations and State building codes.
145.22 - Altered or Remodeled Facilities
Each facility or part of a facility constructed or altered by, on behalf of, or for the use of the University shall be designed, constructed, or altered to be readily accessible to, and usable by, individuals with disabilities. Altered or remodeled facilities shall be planned and constructed according to all applicable Federal accessibility regulations and State building codes.
145.30 - Transportation
Campus/laboratory transportation systems and services shall comply with applicable Federal and State accessibility laws.
146.00 - Health, Welfare, and Other Social Services and Benefits
Health care providers have the responsibility and authority to determine the nature and extent of medically necessary care and treatment for their patients. Subject to the foregoing, in providing health, welfare, or other social services or benefits, the University's hospitals, medical clinics, or other health-related programs may not, on the basis of disability:
a. Deny a qualified individual with a disability such benefits or services;
b. Afford a qualified individual with a disability an opportunity to receive benefits or services that are not equal to those offered to individuals who do not have a disability;
c. Provide a qualified individual with a disability with benefits or services that are not as effective as those provided to others (see Section 142.00 of these Guidelines);
d. Provide benefits or services that limit or have the effect of limiting participation of qualified individuals with disabilities; or
e. Provide different or separate benefits and services to individuals with disabilities, except when necessary to provide qualified individuals with disabilities with benefits and services as effective as those provided to others.
This Section does not require specialized hospitals and other health care providers to treat all individuals with disabilities. For example, a burn treatment center need not provide other types of medical treatment to individuals with disabilities unless it provides such medical services to individuals who do not have a disability. It could not, however, refuse to treat the burns of a person who is deaf because of his or her deafness.
Special programs, services, or activities for individuals with disabilities or classes of individuals with disabilities are permitted.
146.10 - Notice
Any notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall ensure that qualified individuals with disabilities, including those with impaired sensory or speaking skills, are not denied effective notice because of their disability.
146.20 - Emergency Treatment for Hearing-Impaired Persons
A procedure shall be established for effective communication with persons who are deaf or hard of hearing for the purpose of providing emergency health care. For example, a hospital may fulfill this responsibility by providing either full-time interpreters or interpreters on call, both within and outside the institution, and paper and pencils for written communications.
146.30 - Auxiliary Support Services and Devices
Appropriate auxiliary support services and devices shall be provided to individuals with disabilities, when necessary, to afford them an equal opportunity to benefit from services offered by University hospitals, medical clinics, or health-related programs. Auxiliary support services and devices may include, for example, brailled and taped material, and interpreters. In providing any type of auxiliary support services and devices, the University may require that individuals comply with campus rules regulating requests for and proper use of auxiliary support services and devices.
146.40 - Drug and Alcohol Addiction
University hospitals, medical clinics, or health-related programs may not discriminate in admission or treatment against a person with a medical condition, because of the person's drug or alcohol abuse or alcoholism, although University health care providers have the responsibility and authority to determine the nature and extent of medically necessary care and treatment for their patients. This does not require that all facilities must treat drug addiction and alcoholism. For example, a cancer clinic may not refuse to treat a cancer patient because he or she is also an alcoholic. If the patient's primary problem is drug addiction or alcoholism, the clinic may refer him or her to a more appropriate facility.
146.50 - Education of Persons Admitted to University Medical Facilities
Campuses should ensure that qualified individuals with disabilities, present in University medical facilities as a result of their disability and who qualify for public preschool, elementary, secondary, or adult educational services, are provided with access to these educational services for the period of their stay. For example, a campus hospital that admits an individual with a disability who qualifies for a free public elementary school education should ensure that appropriate elementary school officials are notified of the individual's presence and should provide access to these school officials, as medically appropriate, so that they may provide an "appropriate education" as defined in Subpart D of the Federal regulations implementing Section 504 of the Rehabilitation Act of 1973 (34 CFR Part 104).
147.00 - Voluntary Action
Each campus, each Laboratory, the Office of the President, and the Division of Agriculture and Natural Resources may take voluntary steps to overcome the effects of conditions that resulted in limited participation by qualified individuals with disabilities in its programs, services, or activities.
148.00 - Notification and Publication Requirements
148.10 - Content of Publication
The implementing regulations of the Rehabilitation Act of 1973 require that students, beneficiaries, and applicants be informed that the University does not discriminate on the basis of disability. In addition, the Americans with Disabilities Act requires that applicants, participants, beneficiaries, and other interested persons be informed that the University does not discriminate against qualified individuals with disabilities on the basis of disability. It is the purpose of these Guidelines to apprise all such persons of those provisions.
148.20 - Designation of Compliance Officer
Each campus, each Laboratory, the Office of the President, and the Division of Agriculture and Natural Resources shall designate at least one employee to coordinate compliance with the applicable sections of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, including investigation of grievances and handling of inquiries.
148.30 - Compliance Statement
The compliance statement should read: As required by applicable laws and regulations, the University of California does not discriminate on the basis of disability in admission or access to, or treatment in, the programs, services, and activities which it operates. Compliance statements should include the Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters found in Appendix C, which includes nondiscrimination on the basis of disability. Inquiries concerning these laws and regulations should be directed to (name, title, and telephone number of responsible University official). The individual named in the compliance statement should be the person designated by each campus, each Laboratory, the Office of the President or the Division of Agriculture and Natural Resources to coordinate compliance with applicable sections of the Rehabilitation Act of 1973 and with the Americans with Disabilities Act (see Section 148.20).
148.40 - Frequency of Publication
The compliance statement should be included on a continuing basis in recruitment materials and publications containing general information that are made available to students, beneficiaries, applicants, or program participants.
148.50 - Medium of Publication
Methods used for notification may include the posting of notices, publication in newspapers and magazines, placement of notices in official campus/laboratory publications, and distribution of memoranda or other written communications. Such notices should be available in accessible formats, which may include braille or taped formats.
149.00 - Grievance Procedures
Each campus has established grievance procedures for students to deal with complaints and allegations of noncompliance with these Guidelines. Information concerning the University's grievance procedures as they apply to individuals with disabilities may be obtained from campus ADA/Section 504 Compliance Officers.
150.00 Student-Related Policy Applying to Nondiscrimination on the Basis of Sex
150.10 - Introduction
In compliance with Federal regulations implementing Title IX of the Education Amendments of 1972 and applicable Federal and State laws pertaining to sex discrimination, University of California policy prohibits unlawful discrimination on the basis of sex. Except where noted otherwise, for purposes of determining compliance with Federal and State laws, each campus is considered a separate unit, and in those sections of this Policy requiring proportionate facilities or services for each sex, such proportionate equality is required of each separate campus.
The term "discrimination" is used throughout this Policy to refer to unlawful discrimination. There are some discriminatory actions which are lawful and may benefit members of a particular sex. For example, Federal regulations permit actions which are undertaken for affirmative action purposes.
The term "Federal and State laws" is used throughout this Policy to refer to all applicable Federal and State laws pertaining to nondiscrimination on the basis of sex and includes implementing regulations when they exist.
150.20 - General Provisions
Except as provided in Federal or State laws, no person may be excluded on the basis of sex from participation in, denied the benefits of, or discriminated against in any academic, extracurricular, research, or other program offered by the University. This includes: (a) sex discrimination in requirements or qualifications for any University-offered aid, benefit, or service; (b) providing different aid, benefits, or services or such aid, benefits, or services in a different manner; (c) application of separate rules of appearance; (d) application of separate rules as to domicile for admission or out-of-State fee purposes; or (e) providing any assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit, or service to students or employees (for example, single-sex clubs not exempted in Section 150.40).
No campus unit, in the totality of its services, can offer programs or services exclusively for women or for men.
The University may continue to administer scholarships established by foreign or domestic legal instruments or by acts of foreign governments designed to provide opportunities for graduating students of one sex to study abroad. (See also Section 153.223.)
Programs in which the University requires or facilitates participation by its students, but which are not wholly operated by the University (for example, study abroad, clinical programs, student-teaching programs, internships) must be actively monitored to ensure that they do not contain violations of this Policy. If such violations occur and cannot be rectified, the program relationship must be terminated.
150.30 - Marital and Parental Status
No campus may apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex.
Pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom must be treated in the same manner and under the same policies as any other temporary disability. This includes the campus policy on exclusion from any class or extracurricular activity; the right to medical services; the requirement of a doctor's certification for continuance in a normal academic program; and the right to a leave of absence if requested by the student.
150.40 - Exemptions
Federal and State laws concerning sex discrimination do not apply to the membership practices of social fraternities and sororities which are exempt from taxation under applicable sections of the Internal Revenue Code. The exempt organizations include the following:
- Fraternal beneficiary societies, orders, or associations--
a. operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system, and
b. providing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association or their dependents.
- Domestic fraternal societies, orders, or associations, operating under the lodge system--
a. the net earnings of which are devoted exclusively to religious, charitable, scientific, literary, educational, and fraternal purpose, and
b. which do not provide for the payment of life, sick, accident, or other benefits.
Federal and State laws concerning sex discrimination do not apply to membership practices of the Young Men's Christian Association, Young Women's Christian Association, girl scouts, boy scouts, camp fire girls, or voluntary youth service organizations which are exempt from taxation under applicable sections of the Internal Revenue Code.
Father-son or mother-daughter activities and similar activities are exempt from the requirements of this Policy provided that, if such activities are offered for students of one sex, opportunities for reasonably comparable activities are offered for students of the other sex.
151.00 - Admissions
Except as provided in this Policy, no preference on the basis of sex can be given in the admission of students. This includes: (a) ranking of applicants separately by sex; (b) the use of quotas for one sex; or (c) the use of tests or other criteria which have disproportionately adverse effects on one sex. The prohibition against tests or criteria which have disproportionately adverse effects on one sex is not applicable when they are shown to validly predict success in the educational program in question and alternative tests or criteria are shown to be unavailable.
Affirmative action in terms of recruitment and expansion of the availability pool is allowed in order to overcome the limited participation of one sex in a program or activity.
No inquiries as to marital status may be made in admission forms or questionnaires, nor can marital or parental status be used as a criterion for admission to any school, college, or program.
Pregnancy, childbirth, termination of pregnancy, or recovery therefrom must be treated as any other temporary disability, and such disabilities may not exclude any person from admission.
No preference in admissions to the University may be given to applicants from institutions which admit solely or predominantly members of one sex.
152.00 - Recruitment
Additional or intensified recruitment of one sex is permissible only:
a. as a remedial action required because of past discriminations; or
b. as affirmative action to counter previously limited participation in a program by members of one sex.
The University may not recruit primarily or solely at institutions which are predominantly or entirely of one sex, if such recruitment has the effect of discriminating on the basis of sex in University admissions.
153.00 - Educational Programs and Activities
153.10 - Access to Course Offerings
Except as provided in this Policy, all educational programs or activities offered by the University, including physical education, ROTC, and music classes must be offered without discrimination on the basis of sex.
With regard to physical education classes, there may be a separation of students by sex within the class activities involving physical contact as their major activity or purpose (for example, wrestling, football, and rugby). In addition, students may be grouped within classes according to ability, as measured by objective standards applied without regard to sex (for example, weight training). In cases where a single standard of grading in physical education classes has a disproportionately adverse effect upon one sex, the instructor must use alternative standards which do not have such an effect.
With regard to music classes, requirements of vocal range or quality may be used in selection of choruses, which may result in choruses of one or predominantly one sex.
153.21 - General Provisions
It is the intent of this Policy that student aid funds administered by the University are awarded to men and women in a nondiscriminatory manner. A campus may not at its own discretion set aside any University-administe red student aid funds in a manner that would result in discrimination on the basis of sex in the amount or type of aid received by University students on that campus. However, as provided in Federal and State laws, certain funds may be administered on a sex-restricted basis (see Section 153.22).
As a general rule, men and women in similar circumstances shall be given comparable financial aid packages and awards. The percent of aggregate need which is filled by all awards must be equitable between women and men. The proportion of repayable to nonrepayable aid in individual awards must be equitable for men and women in the same categories and the same need evaluation must be used for both sexes.
Students who are married or who are parents may not be treated differently by virtue of sex. Thus, the same policies and rules shall apply to any parent, whether married or not, without regard to sex; for instance, a woman with two dependent children shall be treated no differently from a man with two dependent children if the circumstances are otherwise the same.
As provided in Section 150.10, the campuses of the University are considered to be separate institutions. Therefore, in determining that student aid funds are awarded to men and women in a nondiscriminatory manner, each campus is responsible for assuring that financial aid funds administered by the campus adhere to this Policy.
153.22 - Administration of Sex-Restricted Funds
153.221 - Types of Awards and Conditions Governing Their Administration
The University may administer and assist outside organizations in the administration of selected sex-restricted scholarships, fellowships, prizes, or other forms of financial aid, so long as the overall effect of the sex-restricted awards on each campus does not result in discrimination on the basis of sex in the overall campus student aid program.
153.222 - Acceptance of New Funds
The University may continue to accept, for direct University administration, irrevocable gifts which impose mandatory sex restrictions on the award of student financial aid which meet the following two conditions.
a) The funds must have been established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government. A letter conveying an irrevocable gift of sex-restricted student aid funds to the University, regardless of the source of the funds, would qualify the funds for University administration under the exception permitted in Federal and State laws.
b) The instrument from which the funds derive must require that awards be made to members of a particular sex.
As new funds are accepted, periodic review of the overall student financial aid program should be undertaken by each campus to assure that the overall impact of the financial aid program remains nondiscriminatory within the meaning of this Policy.
153.223 - Acceptance of Funds for Opportunities to Study Abroad
The University may administer and assist in the administration of scholarships and other aid established by foreign or domestic wills, trusts, or similar legal instruments or by acts of foreign governments to provide members of one sex with opportunities to study abroad, provided that reasonable opportunities for similar studies for members of the other sex are made available. These opportunities may be provided from either domestic or foreign sources.
153.224 - Athletic Grants-in-Aid
It is the intent of this Policy that men and women student athletes should have reasonable opportunities for athletic grants-in-aid in proportion to the number of students of each sex participating in intercollegiate athletics. This does not mean that such grants must be awarded in proportion to the number of students participating in each individual sport. There may be differences in the number of grants for each team, but the general policy governing awards must be the same for men and women. Any short term deviation from substantial proportionality must be based on nondiscriminatory factors.
This section does not apply to campuses which do not award athletic grants.
153.30 - Athletics
153.31 - Federal Requirements—General
It is intent of this Policy that equal athletic opportunities be available for members of both sexes. As provided in Federal regulations and Office for Civil Rights guidelines, in determining whether equal opportunities are available, the following factors will be considered:
a) Whether the nature and extent of the sports programs (including the levels of competition, such as varsity, club, etc.) effectively accommodate the interests and abilities of members of both sexes;
b) The provision of equipment and supplies;
c) The scheduling of games and practice time;
d) The provision of travel and per diem allowances;
e) The nature and extent of the opportunity to receive coaching and academic tutoring;
f) The assignment and compensation of coaches and tutors, including the provision of administrative and clerical support;
g) The provision of locker rooms, practice, and competitive facilities;
h) The provision of sports medical and training facilities and services;
i) The provision of housing and dining facilities and services;
j) The nature and extent of publicity;
k) Opportunities and funding for recruitment of prospective student athletes.
While each factor does not, in and of itself, have to be distributed equally to men and women athletes, the overall program should represent a reasonably equal apportionment of services to athletes. All prime time practice hours in the main gymnasium should not, for example, be allotted to men's intercollegiate teams, nor should women receive inferior equipment, lower travel allowances, or lesser publicity.
Each campus is encouraged to conduct a self-study to determine its compliance with these factors and prepare a plan to eliminate deficiencies if they exist.
153.32 - Federal Requirements—Teams
153.321 - Level One Activities: Intercollegiate Teams and Competitive Sports Clubs (including all teams for which members are chosen competitively)
Teams in this category may be offered separately for men and women or a single team may be offered. When a single team is offered, and members of one sex are completely or substantially excluded, the campus must offer separate teams if the athletic interests of the excluded sex are not otherwise accommodated. For example, Campus X decides to offer a single boxing team, but when tryouts are completed, it finds that all but one of the twenty females who tried out were eliminated. If boxing is a high priority on the list of sports in which women students wanted to participate, then the campus must offer separate teams. If boxing is low on the list and the sponsorship of teams in other sports would more effectively accommodate the interests of the excluded sex, then the campus may continue with the single boxing team.
153.322 - Level Two Activities: Intramurals and Recreational/Noncompetitive Sports Clubs
At this level, contact sports activities may be offered on a separate basis, a single-activity basis, or both. However, if a campus chooses to sponsor only a single activity and members of one sex are completely or substantially excluded, the campus must offer separate activities if the interests of the excluded sex are not otherwise accommodated. (See Level One Activities, above.)
Campuses may offer either coeducational teams or separate teams for noncontact sports at this level. Noncontact sports activities at this level, which do not involve selection based on skills, must be offered on a coeducational basis. When selection for teams is based upon competitive skill, separate teams for noncontact sports may be offered for members of each sex. However, if a campus offers a noncontact sport at this level for members of one sex, but such a sport is not available to members of the other sex, and athletic opportunities for members of that sex previously have been limited, members of the excluded sex must be allowed to try out for the sport.
153.33 - Athletic Grants-in-Aid
See Section 153.224.
153.34 - Program Administration
Federal and State laws do not impose structural requirements on program administration. Single athletic departments are no more or less acceptable than separate men's and women's departments. However, when a campus contemplates a change in administrative structure, it must take care to assess the effects on employees of both sexes of current and proposed administrative models. The campuses may not adopt any structural model which has a disproportionately adverse effect upon employment opportunities of employees of one sex.
153.40 - Housing
153.41 - On-Campus Housing
The campuses may provide separate housing on the basis of sex if the housing offered to renters of each sex annually is, as a whole, comparable in quality and cost and proportionate in number to the number of housing applicants from each sex. To assess quality, each campus must review the variety of on-campus housing opportunities available.
153.42 - Off-Campus Housing
The California Fair Housing and Employment Act and the Federal Fair Housing Act prohibit discrimination in housing based on sex. In addition, these Acts prohibit any person from publishing a notice regarding rentals which discriminates on the basis of sex. Accordingly, rental listings which specify a preference based on sex should not be accepted for listing at the University. Federal law exempts owners of single-family homes and dwelling units of no more than four units from these prohibitions, provided in the latter case that the owner lives in one of the units. Federal law also exempts religious or nonprofit organizations or private clubs which offer lodging to members.
Federal and State laws do not specifically prohibit or exempt individuals seeking roommates from specifying sex preference. Nonetheless, a campus may accept single-sex roommate listings provided the campus assures itself that, when considered in its entirety, housing listed separately for men and women is comparable in quality and cost to the student and proportionate in number.
Given the difficulty of investigating each listing to determine if off-campus housing is comparable in quality and cost and proportionate in number, each campus may choose to list only off-campus housing not restricted by sex or to follow up on grievances related to the above and look for patterns of discrimination in housing. If the campus determines on the basis of a grievance investigation that housing for one sex is not comparable to that available to the other sex, then the campus should take corrective action to generate new sources of comparable housing or eliminate all separate listings.
153.50 - Counseling
Each campus must evaluate its practices and policies with regard to academic and career counseling and assure itself that such counseling is not done on the basis of sex. Further, if a campus finds, by means of an annual review of enrollment data by sex, that any one class or program has a disproportionate participation by one sex, that campus must assure itself that such participation is not the result of sex discrimination in counseling.
In addition, each campus must assure itself, by a review thereof, that the tests and other materials which it uses in its counseling programs are the same for both sexes. Only when counseling is being used to eliminate previous sex bias, may different materials be used (for example, academic or career counseling for women in fields with disproportionate representation). If upon evaluation it is determined that the tests or materials being used to counsel students have the effect of channeling a substantially disproportionate number of persons of one sex into a particular program or course of study, alternative materials must be used.
153.60 - Student Employment
The placement office of each campus must require all prospective employers to attest to the fact that they do not discriminate unlawfully on the basis of sex in either their hiring or employment practices. If an employer refuses, or it is determined that the employer does, in fact, discriminate unlawfully on the basis of sex, the campus may not continue to assist the employer in any way.
With regard to student part-time employment, when job listings are often phoned in for jobs available immediately, it is often difficult for an employer to sign a statement. In this case, staff at the student placement office should read the compliance statement over the phone to the prospective employer and a record of that agreement should be noted by the placement office.
Each campus must require off-campus organizations that offer work-study jobs which are administered through the financial aid offices to verify that they do not discriminate on the basis of sex in either their hiring or employment practices.
153.70 - Health Insurance and Benefits and Services
153.71 - Health Insurance
If a campus makes available medical or health insurance policies to students and those policies include coverage of temporary disabilities, pregnancy and related conditions must be included in the coverage.
153.72 - Benefits and Services
Benefits and services may be provided which may be used by a larger proportion of students of one sex than of the other, including family planning and contraceptive services. Any campus which provides full coverage health services must provide gynecological care.
154.00 - Facilities
The campuses may provide separate toilet, locker room, and shower facilities on the basis of sex. However, all such facilities offered to members of one sex must be comparable to those offered to the other sex (for example, men's or women's lounges).
155.00 - Designation of Responsible Employee
Each campus and the University as a whole must designate at least one employee to coordinate compliance with Federal and State laws pertaining to nondiscrimination on the basis of sex, including investigation of grievances and handling inquiries. In addition, these employees must supervise the various reviews and evaluations of programs and policies required by law. As provided in Section 157.00 below, all students must be notified of the name and/or title, office address, and telephone number of this person or persons.
156.00 - Grievance Procedures
Each campus has established student grievance procedures to handle complaints and allegations of noncompliance with Federal and State laws and this Policy.
As provided in State law, persons who have filed a complaint pursuant to this Policy must be advised by the campuses that civil law remedies may also be available, including injunctions, restraining or other orders, and monetary damages. Campuses must make this information available to students and employees by publication in appropriate informational materials.
157.00 - Notification
Federal and State laws require the University to inform students of the University's policy of nondiscrimination on the basis of sex. Notification statements should include the Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters found in Appendix C, which includes nondiscrimination on the basis of sex.
The individual(s) named in the notification statement should be the appropriate campus official(s) designated in Section 155.00 to respond to inquiries concerning nondiscrimination on the basis of sex.
158.00 - Publication Requirements
158.10 - Frequency of Publication
The notification statement must be included on a continuing basis in materials given to applicants for admission, sources of referral for applicants for admission, and in other materials used in connection with recruitment of students. The notice also must be included in publications containing general information that are made available to all students.
158.20 - Methods of Publication
Methods used for notification may include the posting of notices, publication in campus newspapers and magazines, placement of notices in official University publications, and distribution of memoranda or other written communications.