2021 - 2022 COM Student Handbook

54 Nova Southeastern University Student Handbook 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 to participate in or benefit from the university’s programs and activities or (2) to unreasonably interfere with an individual’s work or academic performance by creating an objectively intimidating, hostile, or offensive work or learning environment. Whether the harassing conduct is considered severe, persistent, or pervasive depends upon the context in which the behavior occurred. Grievance Procedures for Complaints of Disability Discrimination a. Filing a Complaint A formal complaint is one way of initiating a full, formal investigation. Formal complaints may be made by students, faculty and staff members, other NSU employees, or third parties (i.e., an individual who is not a student, faculty member, or employee of NSU). A formal complaint must be written* and must provide detailed allegations of the alleged disability discrimination. The purpose of this policy is to provide for the prompt, adequate, and impartial investigation of all complaints of disability discrimination and/or disability-based harassment.