ADA Policy
Americans with Disabilities Act (ADA) Compliance
As part of its mission, Mid-Plains Community College, in conjunction with Mid-Plains Community College Disability Services (MPCC DS) works with all aspects of the college and the communities we represent to provide opportunities for students with disabilities and enables them to fully participate in and enjoy the benefits of higher education. MPCC recognizes that disabilities reflect unique characteristics and experiences. Our team achieves individualized assistance by honoring the uniqueness of each student and through the provision of resources and services that promote academic success and self-advocacy skills. In addition, we collaborate with instructors, staff, and community members to create usable, sustainable, and engaging learning environments.
As such, MPCC seeks to ensure that no person who meets the academic and technical standards requisite for admission to and continued enrollment at MPCC is denied benefits or subjected to discrimination solely by reason of his or her disability. Toward this end, and in compliance with federal laws, MPCC both accepts and provides reasonable accommodation for qualified students.
Both MPCC and the student have responsibilities in creating effective educational opportunities. While MPCC Disability Services stands ready to make accommodation, it is the student's responsibility to avail him or herself of all available services.
Students with accommodation needs should contact the disability services coordinator. Services for students with disabilities may include accommodation, tutoring, and/or counseling. With the student's written permission, the coordinator can also be a liaison to instructors regarding the student's needs. MPCC Disability Services will make a good faith effort to provide individualized effective accommodation to students with disabilities.
Use of Service Animals
Mid-Plains Community College (MPCC) complies with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). Among other things, the ADA and Section 504 require the college to make reasonable modifications to its policies, practices, or procedures to permit the use of a Service Animal by a student, faculty, staff or visitor with a disability.
MPCC reserves the right to amend this Policy as circumstances require. Notice of procedural changes will be given consistent with MPCC’s standard means of communication.
The ADA defines a Service Animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” Importantly, other species of animals, whether wild or domestic, trained or untrained, are not Service Animals for the purposes of the ADA. However, under certain conditions, MPCC will make reasonable modifications for a miniature horse that has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
When assessing whether a dog is a Service Animal individually trained to do work or perform tasks for the benefit of an individual with a disability, the dog must be trained to do work or perform tasks that are directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, the following:
- Assisting individuals who are blind or have low vision with navigation and other tasks;
- Alerting individuals who are deaf or hard of hearing to the presence of people or sounds;
- Providing non-violent protection or rescue work;
- Pulling a wheelchair;
- Assisting an individual during a seizure;
- Alerting individuals to the presence of allergens;
- Retrieving items such as medicine or the telephone;
- Providing physical support and assistance with balance and stability to individuals with mobility disabilities; and
- Assisting people with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behavior. The deterrent effect of a dog’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for purposes of determining if a dog is a Service Animal under this policy.
MPCC will not ask about the nature or extent of an individual’s disability. However, when it is not apparent that the dog identified by the individual with a disability is trained to do work or perform tasks for him or her, the Disability Services for Students (DSS) office or the Office of Compliance may ask the individual with the disability if the dog is required because of a disability and what disability-related work or task the dog has been trained to perform. However, MPCC will not require documentation, such as proof that the dog has been certified, trained, or licensed as a Service Animal.
An individual with a disability using a Service Animal is responsible for the care or supervision of a Service Animal. The Service Animal must always be under the control of the individual and must have a harness, leash, or other tether. If the use of a harness, leash, or other tether would interfere with the performance of the work or tasks performed by the Service Animal or is impractical because of an individual’s disability, a harness, leash, or other tether may not be required. However, in that case, the individual must be able to control the Service Animal by other effective means such as voice controls or signals.
A Service Animal is generally permitted to accompany the individual with a disability to MPCC facilities where members of the public, students, staff, and faculty are allowed to go. However, MPCC may ask the individual with a disability to remove a Service Animal from any of its facilities if: (1) the Service Animal is out of control and the individual with a disability does not take effective action to control it; or (2) the Service Animal is not housebroken. MPCC may also ask the individual with a disability to remove a Service Animal from any of its facilities if the use or presence of the service Animal poses a direct threat to the health or safety of others or if the animal’s behavior, such as barking, is unreasonably disruptive to the other participants within the facility.
MPCC may impose legitimate safety requirements on the use or presence of a Service Animal that are necessary for safe operation of its facilities. There are some facilities that are not safe for use or presence of Service Animals and from which MPCC may exclude Service Animals on a case-by-case basis based on actual risks.
The individual with a disability must abide by current city, county and state ordinances/laws/regulations pertaining to licensing, vaccination and other requirements for animals (it is the individual’s responsibility to know and understand these ordinances, laws and regulations). An individual with a disability is responsible for cleaning up after and properly disposing of the animal’s feces in a safe and sanitary manner.
MPCC will not ask for or require an individual with a disability to pay a surcharge or to comply with other requirements generally not applicable to people without pets.
However, an individual with a disability may be charged for any damage caused by his or her Service Animal.
- MPCC residents requesting reasonable accommodation must first meet with MPCC Disability
Services and complete the appropriate process for their Service Animal. If the need
for a Service Animal arises when an individual already resides in MPCC housing he/she
should contact Disability Service Office and complete the request form as soon as
possible.
- When a resident Service Animal has been approved as residential accommodation by MPCC
Disability Services, MPCC Disability Services will notify the Office of Residence
Life (Student Life). Student Life will contact the owner within 10 business days of
notification to schedule a meeting with the owner and discuss the residential accommodation
procedure. During the meeting, Student Life will guide the owner through the registration
process and instruct the owner on the residential registration policy and procedure.
At this time, Student Life will provide the residents of the owner’s pod with reasonable
notice of the approved service animal’s arrival.
- The owner is financially responsible for the actions of the Service Animal, including
bodily injury or property damage, The owner’s responsibility includes the cost of
damages in his or her assigned space, as outlined in the housing contract and in the
Residence Hall Handbook. The owner is expected to cover these costs at the time of
repair and/or move-out. Student Life will charge damages to the owner’s student account.
- Should the service animal be removed for any reason by the owner or by MPCC, the owner
is required to fulfill his or her housing obligation for the remainder of the housing
contract.
- Nebraska state statutes grant service animals in training (SAITs) the same access rights as fully trained service animals if they are accompanied by an authorized trainer.
