58 Nova Southeastern University Student Handbook E. Additional Grievance Procedures Available E.1 Grievance Procedure for Discrimination Based on Disability Disability discrimination can occur whenever a qualified individual with a disability is denied the same equal opportunities as other university students, faculty and staff members, and third parties, because of their disability status. Under applicable disability laws, an individual with a disability is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. Temporary, nonchronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. The determination of whether an impairment is a disability is made on a case-by-case basis. a. What is a “major life activity” under the law? To be considered a person with a disability, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, and caring for oneself. b. What does “qualified” mean? To be protected, a person must not only be an individual with a disability, but must be qualified. For students, a qualified individual with a disability is a person who, with or without reasonable modifications to rules, policies or practices; the removal of architectural, communication or transportation barriers; or the provision of auxiliary aids or services, meets the essential requirements for the receipt of services or participation in programs or activities provided by the university. For university employees, a qualified individual with a disability is a person who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position and who, with or without a reasonable accommodation, can perform the essential functions of the position. c. Disability Harassment Harassment on the basis of an actual or perceived disability is also a form of prohibited discrimination. Disability harassment consists of unwelcome verbal, written, or physical conduct based on disability, when • such conduct has the purpose or effect of unreasonably interfering with the individual’s work or educational performance • such conduct creates or has the intention of creating an intimidating, hostile, or offensive working and/or learning environment • such conduct unreasonably interferes with or limits one’s ability to participate in or benefit from an educational program or activity d. Hostile Environment The university will not tolerate the creation or existence of an environment that is hostile on the basis of disability as detailed in the NSU Nondiscrimination Statement. Such a hostile environment is defined as harassing conduct (e.g., physical, verbal, graphic, or written) related to an individual’s disability that is sufficiently severe, pervasive or persistent so as (1) to interfere with or limit the ability of an individual
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