Impactful Legislation: ADA, Minger Act, FERPA
Comprehensive overview of the Americans with Disabilities Act (ADA), Minger Act, and Family Educational Rights and Privacy Act (FERPA), highlighting their significance and impact on societal rights and protections for disabled individuals and students.
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Presentation Transcript
DOS Hearing council Training module part III
Legislation that left an impact ADA|MINGER|FERPA
Americans with Disabilities Act George H.W. Bush signed into law the Americans with Disabilities Act (ADA) in 1990, the ADA was born out of the Civil Rights Era where advocates saw that rights for minority groups were gaining ground, yet disabled Americans had yet to be recognized as needing help.
Americans with Disabilities Act cont. The ADA was the most comprehensive piece of legislation passed for disabled Americans yet. In 1988, the Fair Housing Act was amended to protect people with disabilities, as well as families with children who were disabled, from being discriminated against when applying for housing.
What Does the ADA do? The ADA mandates that any public places, or places intended to be heavily used by the public, provide methods such as elevators, ramps, and wider hallways for disabled Americans. The ADA also mandates that any workplace provides reasonable accommodations for workers who suffer from invisible disabilities. Examples of invisible disabilities are chronic pain, chronic fatigue, chronic dizziness, chronic illnesses, and/or mental illness.
Minger Act Michael Minger was a college student at Murray State University who died in his Residence Hall due to an arson fire. There had been previous arson fires around campus that the school had hidden from the media, parents, students, and the general public. In 2000, legislation passed in the Commonwealth of Kentucky Senate which mandated that schools report campus crimes in a timely manner. In 2004, additional provisions were added which mandated additional fire safety features in Residence Halls.
Family Education Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act of 1974 (sometimes referred to as the Buckley Amendment, but more often by its acronym, FERPA) affords students certain rights concerning their education records. Under FERPA, UofL students have the right to inspect and review their education records; to seek to have their records amended; and to have some control over the disclosure of information from their records. No one, not even a UofL student's parent or legal guardian, will have access to a student's education records, nor will their contents be disclosed, without the written consent of the student, except as provided by the Act. Exceptions to FERPA
Harassment, Retaliation, Hazing, and Threats
Harassment Harassment: Engaging in conduct that is so severe, pervasive, and objectively offensive, and that so undermines and detracts from the person(s) educational experience or work environment, that the person(s) are effectively denied equal access to an institution s resources and opportunities.
Retaliation Retaliation: action taken by respondent or an action taken by a third party on behalf of a party against any person because that person has reported a violation related to sexual misconduct or because that person has filed a complaint, served as a witness, assisted, or participated in a sexual misconduct investigation or proceeding. This includes action taken against a bystander who intervened to stop or attempt to stop sexual misconduct. Retaliation includes intimidating, threatening, or coercing an individual because of the individual s complaint or participation.
Sexual Harassment Sexual harassment can be imposed upon a member of any gender/gender identity to any other gender/gender identity. Sexual harassment does not require sexual attraction between the complainant and the respondent.
Sexual Harassment cont. Sexual harassment does not require specific intent by the alleged harasser towards the complainant for sexually harassing behavior to be an alleged violation of the harassment policy. For example, old school professor addresses student with sexually suggestive or demeaning comments, or inappropriate physical contact. While this behavior may have been tolerated back in the day and the Professor is acting in a manner consistent with that behavior, does not mean that the behavior is a not a violation of the policy. Just because the Professor didn t intend for the behavior to be harassing, does not mean that the behavior was not harassing and a violation of policy.
Hazing Hazing as defined in the Student Code of Conduct: Engagement, encouragement, or facilitation, by any organization or by any individual on behalf of an organizationor group (recognized or not recognized by the university), or visitor withinthe University of Louisville community in any action or situation which recklessly or intentionally endangers mental or physical health; creates an atmosphere of servitude; involvesdangerous, demeaning, or ridiculingactivities; involves the forced consumption of liquor or drugs; for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in,a group ororganization. Important things to know are: Hazing involves any kind of demeaning activity to be recognized as affiliated with any group. Hazing does NOT have to involve alcohol. If you want to be hazed, it is still NOT legal or okay. Hazing is not isolated to Greek organizations, hazing can happen in any group or any activity.
Threats We take concerns for safety very seriously and likewise expect all members of our University community to as well. Therefore, we ask that you do not make jokes or side comments of a threatening nature; even if you consider the intent of your comment not to be threatening we take it seriously. Make sure to monitor your verbal, nonverbal, and electronic communication. We appreciate your commitment to the safety of yourself and others. It is expected that all students would report immediately any serious health or safety risk to University Police, the Dean of Students Office, or other appropriate University personnel.
DOS Hearing Council The Dean of Students Hearing Council is a unique opportunity to serve the UofL community. Your time and commitment to our mission is invaluable and greatly appreciated.
