Student Rights and Responsibilities

The purpose of Access Services at Tacoma Community College is to ensure that students with disabilities have equal access to all programs and activities offered at the college. The ultimate goal is to eliminate any barriers that exist on campus due to the presence of a disability. 

In order to eliminate these barriers, Access Services and the student must form a partnership with each party being responsible for certain tasks.  Both Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990 deal with the rights afforded to, and the responsibilities required of, students with disabilities.

While every effort has been made to insure completeness and accuracy, this is not a legal document nor does it claim to offer legal advice or a legal opinion.

The student is responsible for the following actions: 

• Contacting TCC Access Services for an initial appointment regarding his/her requested accommodation needs.
•  Providing documentation of the nature and extent of the disability on the forms provided by Access Services to allow them to assist in determining the most appropriate accommodations.  Such documentation may include, but  is not limited to, medical reports, identification of tests administered, test results, description of the covered disability, and recommended educational accommodations. 
• Delivering to his/her instructors the Accommodations Request Letter and discussing its contents with each instructor.  Access Services may become involved in this discussion at either the student's or the instructor's request.  The student, instructor, and Access Services will each receive a copy of the letter.  It is the student's sole responsibility to retain copies of the signed document for his/her records as documentation of the agreement and in the event questions arises over accommodations provided to the student.
• Notifying Access Services if agreed upon accommodations are not being provided or of any other problems encountered in receiving the agreed upon accommodations.
• Providing timely notice to Access Services of his/her intention to continue enrollment at TCC from quarter to quarter in order to ensure a seamless transition of required accommodations.

Student Rights

You have a right to services and reasonable accommodations that allow you to compete on an equal basis as long as you meet the basic requirements to perform the activities of the program.

"No otherwise qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. " Rehabilitation Act of Congress, 1973; Title V (Section 504)

Confidentially:

Tacoma Community College protects a student's right to privacy under the provisions of PL 90-247, the Family Education Rights and Privacy Act of 1974 (Buckley Amendment); documentation concerning a person's disability will not be shared with state agencies, medical persons, faculty, or other interested persons without written permission from the student. 

Legislation:

Colleges and universities are covered under the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. In 1994, Washington State passed legislation adding new sections to 28B.10 RCW that expresses the same intent as Section 504 and the ADA. 

The Rehabilitation Act

Title V of The Rehabilitation Act of 1973 is generally regarded as the first civil rights legislation for people with disabilities on the national level. Section 504 of the Act prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. Since 1977, all institutions receiving federal funding have been required to provide appropriate reasonable accommodations for people with disabilities.

Section 504 states:

"No otherwise qualified person with a disability in the United States ... shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance."

Questions and Answers

How do I know if I am eligible to receive accommodations?

A person is eligible for services if they are considered a person with a disability, have identified themselves to the institution, have presented documentation regarding the disability to the institution, and need accommodations. If you are not sure if you qualify for reasonable accommodations, contact the DSS office at your school. (Each institution refers to this office differently. For the purpose of information guide, it will be referred to as Access Services).

Will the college automatically provide accommodations?

No.  While it is the college's responsibility to notify students of services and how to access those services, it is clearly the college student's responsibility to self identify and request accommodations. In most colleges, this is done with the Access Services office.

Who decides what type of accommodations I will receive? 

You are the best resource when determining needed accommodations. It is important that you know what type of accommodations work best for you. This is done in cooperation with the Access Services office. Remember, the same accommodation for each class may not be needed. For example, a Nursing class may require a different accommodation than a Oral and Written class. Tests may also differ between classes. You may request an accommodation, but the institution is not required to provide the specific accommodation requested. The institution must, however, provide an "effective" accommodation. Your documentation must specifically support the needs for any auxiliary aid or services requested.

What happens if I disagree with the auxiliary aid or service recommended?

If you disagree with the academic accommodations being presented to you, speak with your Access Coordinator. Express your concerns and be prepared to offer alternative solutions. If  that does not alleviate the situation, find out what the college policy is regarding grievance procedures and go from there. The college has to provide appropriate and reasonable accommodations, but if the institution can provide you with an accommodation that is equally as effective as the one being requested and less expensive, the college is not required to provide the more expensive one. For example, the institution does not have to buy the biggest and best computer and printer if a system is already available which would be just as effective. If the issue cannot be resolved at the institutional level, contact the Office of Civil Rights or the Department of Justice. File complaints under Section 504 of the Rehabilitation Act with the Office of Civil Rights of the U.S. Department of Education (OCR), or those under Titles II or III of the ADA with the Department of Justice. If unsure, file with the Department of Justice, who will refer the complaint to the appropriate agency. Keep in mind that documentation is imperative. Make specific notes about any suspect situations by listing dates, names, and a description of the alleged discrimination. A complaint must be filed within 180 days of the date of the alleged act(s) of discrimination, unless the time for filing is extended by the Federal Agency.

Am I responsible for paying for the accommodations? 

No.  Each institution is responsible for the provision of the appropriate auxiliary aids and services available at no cost to the student. Each institution may determine which department pays for a particular accommodation. The institution cannot place a limit on its expenditure for auxiliary aids or services or refuse to provide auxiliary aids because it believes that other providers of these services exist. You and the college may work with an outside agency, such as Division of Vocational Rehabilitation (DVR) to assist in obtaining assistance for the cost of a needed item or service.

The college is providing transportation for a field trip, but it is inaccessible to me because I use a wheelchair. Do I have to pay for my own transportation?

No.  If the field trip is a college sponsored activity, accommodations, such as accessible transportation, must be offered. You, the student, may accept or refuse the accessible transportation. Legislation states that the institution should provide equal access to all programs, services, facilities, and activities offered by the college.

Do I have the right to auxiliary aids and services if I am an international student with a disability?

Yes.  International students are entitled to the same protection from nondiscrimination on the basis of disability as are U.S. citizens. Section 504 states the prohibition of discrimination covers any "otherwise qualified person with a disability in the United States." Section 504 does not state the student has to be a citizen of the United States. However, the need for accommodation must be directly related to a disability, and not for some other reason. For example, if an international student has poorly developed English skills due to being a non-native speaker, and not due to a disability, this in itself would not make him/her eligible for accommodations in that area.

Am I eligible for auxiliary aids and services if I am taking a class for an audit?

Yes.  The legislation states any student with a disability is eligible for services, and cannot be denied equal access to all programs, services and activities offered by the institution.

Is the college responsible for paying for my personal services, such as a personal care attendant?

No.  The legislation indicates institutions are not responsible to provide personal care services, readers for personal use or study, or other devices or services of a personal nature.

Will the college tell others about my disability?

No. Section 504 states that any information regarding a person's disability obtained from medical examinations or the appropriate post admissions investigation shall be considered confidential and shall only be shared with others within the college or university on a need-to-know basis. In other words, faculty members do not need to have access to information regarding a student's disability, only the needed accommodations which are appropriate and necessary to meet the student's needs. Confidential information should be kept in a separate file, which has limited access, to maintain confidentiality. In most cases this is kept in the DSS office.

Can I expect "special privileges" from teachers and college staff?

No.  Receiving an auxiliary aids and services should not be regarded as giving you, the student, "special privileges", but rather as equalizing the impact of the disability to the greatest extent possible.  It is important to remember that instructors expect the same academic performance from you as the other students. The legislation does not intend that institutions pass students because they have a disability and they feel sorry for them. The laws are intended to provide people with disabilities equal access to all programs and services available to any student. You must adhere to the same codes of conduct required by the institution. Institutions do not have to make accommodations or adjustments that would result in a major or substantial alteration in an essential element of the curriculum. The institution has the right; to set academic standards, but the institution must prove that a requested accommodation would create a substantial change. The burden of proof lies with the institution.

Am I eligible for a substitution or waiver from the college?

A substitution may or may not be an appropriate accommodation. If the course or content is found to be essential to the area of study and making a substitution would require a substantial change in an essential element of the curriculum, it would not be appropriate. It is the institution's responsibility to show that a certain class or area is essential to a certain course of study and that any changes would substantially alter the curriculum. This will be decided on a case-by-case basis. Course waiver is very rare. It is a possibility, but is often seen as watering down the curriculum. Waivers are not seen as the accommodations of choice, but an option only if all other accommodations attempted have proved to be ineffective and it would be punitive to ask the student to continue to try an ineffective accommodation. Substitutions are always considered before a waiver.

What are some strategies I can use to advocate for myself?

The first step is to know yourself, including your strengths, weaknesses, and what type of accommodations you need. Have a goal and a plan of action to obtain that goal. Obtain assistance from a mentor or other persons who could be used as resources. The mentor could be an instructor, an older student with a disability who has been through the process, your high school teacher or advisor, etc. Learn what resources are available on campus in your region, and nationally. If you do not know something, ask for help from your college counselor or the Access Services Coordinator.

Tacoma Community College does not discriminate on the basis of race, color, religion, national origin, gender, sexual orientation, age, marital status, or disability. For information regarding accommodations for people with disabilities, call 253.566.5328.

Additional information may be obtained by contacting the following resources: