I. PURPOSE
In keeping with its mission to educate outstanding healthcare professionals, New York Medical College (“NYMC” or the “College”) is committed to supporting students with disabilities in accordance with applicable laws. NYMC recognizes the importance of providing students with disabilities equitable access to the College’s facilities, programs, and services through reasonable academic adjustments, auxiliary aids and services, and reasonable modifications in, policies, practices, and procedures.
II. POLICY
The College complies with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”) of 1990, and the ADA Amendment Act of 2008 (“ADAAA”), which prohibit discrimination on the basis of physical or mental impairments for all educational and employment purposes. The College engages in an individualized, interactive process with students to establish eligibility for reasonable accommodation and provides such accommodation where required by applicable law.
III. SCOPE
This policy applies to all NYMC students and applicants (both referred to herein as “Students”).
IV. DEFINITIONS
A. Accommodation - a reasonable academic adjustment, auxiliary aid or service, or reasonable modification to a College policy, practice, procedure, facility, or program that enables a qualified Student with a disability to have equal access to and opportunity to participate in the College’s academic and clinical programs and activities, and that does not require a fundamental alteration of essential requirements or the imposition of an undue burden.
B. Disabilities - physical or mental impairments that substantially limit one or more major life activities, as defined by applicable law. Disabilities may include, but are not limited to: chronic medical conditions; hearing, vision, or mobility impairments; learning disabilities; psychological or psychiatric conditions; substance use disorders in remission or recovery; and other physical or mental health conditions.
V. PROCEDURES
A. NYMC’s Division of Student Accommodations and Accessibility (“DSAA”) is responsible for administering a thoughtful and interactive process for Students who request accommodation.
B. Eligibility for accommodation
1. Students are required to contact DSAA to identify themselves as an individual with a disability seeking accommodation, and they will be asked to provide documentation to support their request.
2. Eligibility for accommodation is determined holistically in light of factors that may include, but are not limited to:
a. available disability documentation;
b. the Student’s report of how their functional limitations impact them;
c. history of accommodation (if any);
d. program requirements, including any applicable technical standards.
C. Time frame for accommodation
1. Students are encouraged to apply for accommodation upon acceptance into their program and to begin this process early.
2. While early engagement with the process is highly recommended, applications for accommodation may be submitted at any time; however, submitting a request mid-term or during a clinical rotation can require additional time and coordination, potentially delaying the approval or implementation of the accommodation.
3. Decisions regarding a request for accommodation are typically issued within 15 business days after the application is complete, though the timeframe may vary, even significantly, based on individual circumstances, including the complexity of the request, the need for additional information or documentation, and applicable program requirements.
4. The amount of time required to implement an accommodation after approval will depend upon the accommodation requested (e.g., time is necessary to obtain any specific assistive device or technology requested), but every effort will be made to do so expeditiously.
5. Accommodations are only implemented on a prospective basis and will not be applied retroactively.
6. In limited circumstances, such as when a previously unforeseen request is made during an ongoing academic or clinical requirement, when documentation is forthcoming on a date certain but not yet available, or when a temporary condition presents an immediate access barrier, temporary or interim measures may be implemented while a request for accommodation is under review; such measures are time-limited, contingent on the Student’s continued prompt participation in the interactive process, and do not constitute determinations of eligibility or guarantee approval or continuation of an accommodation.
D. Step-by-step process for Student accommodation requests
1. Complete and submit the NYMC Request for Accommodation Application
a. Note: A Student’s inquiry is confidential, and Students are welcome to obtain general information about accessibility at any time
2. Submit documentation of physical or mental impairment, considering the guidelines outlined in the Guidelines for Disability Accommodation Documentation, attached hereto as Exhibit A.
a. Self-reporting a disability without documentation may be insufficient to allow DSAA to evaluate eligibility or determine reasonable accommodation. In such cases, submitting a request without documentation can require additional time and requests for information, potentially delaying the approval or implementation of the accommodation.
b. Situations where documentation is not necessary are rare, such as where the need for the accommodation is clear (wheelchair access, mobility-related adjustments for visible injury, obvious vision or hearing loss, print or screen reader access for obvious vision loss) or the College already possesses timely, reliable information establishing an impairment and accommodation need.
c. Students requesting accommodation who are unsure what documentation to obtain or how to obtain the documentation should contact the DSAA for assistance with the process. Please see the Guidelines for Disability Accommodation Documentation for more information.
d. If a Student submits a completed form, with or without supporting documentation, and DSAA determines the information available is insufficient to assess the eligibility or reasonableness of the requested accommodation, DSAA will notify the Student in writing.
e. If a Student does not have current or complete documentation of a disability, DSAA will notify the Student of any known resources in the area.
3. Once sufficient information is available, DSAA will review the application and any related documentation, collect information, if needed, from appropriate faculty or staff regarding implementation concerns, and engage in an interactive process with the Student as follows:
a. Determine if the Student meets the criteria for disability, including discussing whether the Student has a physical or mental impairment that substantially limits one or more major life activities;
b. Discuss potential accommodation to address obvious or documented individual functional limitations;
c. Evaluate whether any requested accommodation would alter the technical standards or essential program requirements of the curriculum which include course, clerkship/preceptorship, or other educational experiences. Patient and Student safety are considered, including assessing whether and how a requested accommodation relates to program requirements and whether there is a reasonable way to mitigate risks without altering essential elements. If necessary, the DSAA will consult with the Technical Standards Committee, expert clinicians, course/program directors, and/or faculty and staff engaged in program implementation.
E. Approval of requests
1. When a request for an accommodation is approved, DSAA will notify the Student. Upon receiving this notification, the Student should log in to the Accessible Information Management (AIM) portal to view their eligible accommodation and download their official Accommodation Memo. The Accommodation Memo, available through AIM, outlines the Student's approved accommodation and verifies their eligibility for services.
2. DSAA will notify relevant faculty and staff of approved accommodation to facilitate the implementation of granted accommodation and build related programmatic support.
3. DSAA is available to assist the Student and faculty with questions related to the implementation of approved accommodation, as needed. Should difficulties arise in the administration of any accommodation, or a new accommodation is needed the Student should reach out to DSAA immediately.
F. Appeals and Complaints
1. A Student may appeal a denial of an accommodation request or an alleged failure of DSAA to follow the procedures outlined in this policy by submitting a written appeal to nymc-studentaccommodations@nymc.edu within seven business days of the decision or occurrence giving rise to the appeal.
2. A Student who believes that an accommodation previously granted by DSAA has not been implemented in full or in part should report the concern in writing to DSAA at nymc-studentaccommodations@nymc.edu. DSAA will review the concern and issue a written determination to the Student and any individual identified as having failed to implement an approved accommodation regarding whether the approved accommodation was appropriately implemented and, if not, what additional steps are required, including any remedial steps necessary.
3. Any other concerns, including challenges to an appeal decision or a DSAA determination under this section, may be raised through Touro's discrimination complaint procedures, but only if the concern alleges discrimination, retaliation, or an unlawful failure to accommodate.
G. Renewing and revising accommodation requests
1. Accommodation plans are reviewed by students and DSAA on an annual basis.
2. Students can request a re-evaluation of their accommodation or request new accommodation at any time during the year.
a. For some new requests, additional documentation may be necessary.
b. New accommodation requests will be evaluated using the same process as initial accommodation requests.
H. Temporary/Short-term Accommodation
1. Students who require time-limited accommodation for a temporary disability as defined by the ADA (which may include, but is not limited to, a short-term injury or illness such as a broken bone) should engage in the interactive process as set forth in this Policy.
VI. EFFECTIVE DATE
This policy is effective immediately.
VII. POLICY MANAGEMENT
Executive Stakeholder: Vice Chancellor for Accreditation and Student Support
Oversight Office: Office of Academic Excellence
EXHIBIT A
Guidelines For Disability Accommodations Documentation
Students requesting accommodation at New York Medical College may be asked to submit documentation of their disability and should consider submitting disability documentation with their initial request for accommodation to avoid delays in the process. The following guidelines are meant to help Students understand what disability documentation can assist in requesting accommodation from NYMC.
General Guidelines
Eligibility for services and accommodation are determined holistically in light of the Student’s report of how their functional limitation(s) impact them, apparent need for accommodations, history of accommodation, disability documentation, implementation concerns from faculty or staff, program requirements, and technical standards, as relevant. Each request is reviewed individually, with careful consideration of each Student’s specific circumstances and the academic or educational setting involved.
In some rare cases, accommodation can be provided without accommodation history or disability documentation; for example, when the functional limitation is apparent or sufficient information is otherwise available to support the request through the interactive process.
In most cases, self-reporting a disability without documentation will be insufficient to allow DSAA to evaluate eligibility or determine reasonable accommodation. In such cases, submitting a request without documentation can require additional time and requests for information, potentially delaying the approval or implementation of the accommodation. For that reason, we recommend submitting all available documentation at the time of the initial request to expedite the process.
If, after reviewing these guidelines, you are unsure what documentation to provide or how to obtain it, please contact DSAA to assist you through the process. Please note that national standardized testing agencies may have different documentation requirements than those necessary to assess a request for accommodation from NYMC.
Who Provides Disability Documentation?
Documentation generally should be issued by a medical or other qualified, licensed professional (the “Evaluator”) and printed on letterhead, including the Evaluator’s licensing information, date, and signature. The Evaluator should have professional training and experience in evaluating and treating adults with physical or mental impairments similar to those the Student is experiencing.
The Evaluator cannot be related to the Student by marriage or affinity. The DSAA reserves the right to require that a copy of the report be transmitted directly from the Evaluator to the DSAA. The DSAA may request additional documentation from the Evaluator to support an accommodation request.
What Should Documentation Include?
Disability documentation generally should include the following information:
- First and latest date of contact or date of evaluation
- Diagnosis(es), if available, including any known or suspected coexisting conditions
- A brief history of the student’s disorder
- An explanation of the degree of change associated with the diagnosed condition(s), for purposes of determining whether documentation is current
- A description of how the condition(s) listed in the documentation currently substantially limits a major life activity. Documentation should accurately describe the current impact of the diagnosed condition and should state the currently anticipated course of the condition
- A clear description of the individual’s current functional limitation(s), i.e., the current impact of the diagnosed condition, in the academic, clinical, and campus domains, including how and under what conditions the disability affects the student’s ability to engage in academic and/or clinical activities (e.g., impacts on stamina, concentration, mobility, or processing), rather than conclusory statements that the student should be excused from specific requirements
- A history of previous accommodation received, if known
- Recommendations for accommodation that are directly related to the functional limitation(s) and relevant to an academic and/or clinical environment, along with a rationale explaining why each recommendation for accommodation is appropriate, including an explanation of how the recommended accommodation addresses the functional limitation (e.g., the reason extended time is needed and in what contexts). If able, the evaluator should make recommendations appropriate to a professional health science program setting. *Please note that these are recommendations only and DSAA ultimately determines the specific accommodation to be provided after an interactive process with the student.
- A description of any currently mitigating factors, such as medication or other treatment, that further impact the Student’s functioning (e., cognitive fogging or slowing due to side effects of medication)
The additional guidelines below address documentation guidelines for the following specific categories of disability:
- Learning disabilities
- Chronic health/physical/sensory disabilities
- Psychological disabilities
- Short-term/temporary disabilities
Documentation Guidelines for a Learning Disability
II. Documentation should be current – in general, evaluations conducted in the last three years will be considered current. *Please note many national standardized testing agencies will not accept documentation more than three years old.
III. Documentation should be comprehensive
A. Reports should include a full history of the student (medical, developmental, academic, familial) and indicate any evidence of early impairment, even if not formally diagnosed previously.
B. Reports should indicate evidence of current impairment, including the results of a diagnostic interview and psychoeducational tests designed to identify learning disabilities.
IV. Evaluations should include the following in addition to the general requirements addressed above:
A. Assessment of cognitive ability/intellectual functioning;
B. Measurement of academic achievement;
C. Instruments that measure various domains of information processing;
D. Other instruments to help confirm or rule out the diagnosis of a learning disability;
E. A specific diagnosis;
F. All psychoeducational test scores along with an interpretation of each, and a summary;
G. Evidence ruling out alternative explanations for learning problems (i.e. difficulties that are motivational, emotional, attentional, or related to limited fluency in the English language);
H. Any coexisting disorders or suspected coexisting disorders.
Documentation guidelines for chronic health/physical/sensory disabilities
II. Documentation should be current – generally, a reasonable time frame is within six months to one year but may be shorter in many instances.
Documentation guidelines for psychological disabilities
II. Documentation should be current
A. The documentation letter or report from a qualified licensed provider is to be based on evaluations performed within six months to a year
B. If a report is older than six months to a year, and the Student has remained in clinical contact with his/her/their qualified licensed provider, that professional should supplement the original report with a letter (on letterhead) describing any and all changes since the previous report;
III. Documentation should be comprehensive – it should explain how DSM-V criteria have been met for each condition and rule out other potential diagnoses.
Short-term/temporary Disabilities
I. Students seeking short-term/temporary accommodation should:
A. Provide documentation from their treating clinician stating the diagnosis and recommendations of accommodation to DSAA;
B. Specify any restrictions such as lifting, mobility, proximity to a restroom, etc.
C. Include an expected date when Student will most likely be eligible to return without any restrictions
